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:
Our Father God, Who knows the innermost secret of every heart - all that we fear and all for which we hope - in these moments of prayer we come seeking an abundant measure of Your wisdom and guidance. Compel us to be just and fair in all our dealings. Make our motives to be above suspicion. May our word be our bond. Keep us kind in our criticism of others and slow to judge, knowing that some day we will be judged by Him to Whom all hearts are open and from Whom no secrets are hidden. Give us the wisdom of Solomon, the courage of David, the patience of Job and the compassion of Jesus.
May we use Your teachings as the light to lead us on.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
February 14, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Petroleum Marketers Association would like to cordially invite the members of the House of Representatives and their staff to a reception on Tuesday, March 13, 1990. The reception will be held from 6:00 P.M. until 8:00 P.M. in the Grand Palm Ballroom at the Columbia Marriott Hotel.
The members of our association look forward to being with you on the evening of March 13.
With kind regards, I am
Sincerely yours,
Dave Reed
The following were received and referred to the appropriate committee for consideration.
Document No. 1201
Promulgated By University of South Carolina
Increase Speed Limit at the University of South Carolina-Spartanburg Campus
Received by Speaker February 27, 1990
Referred to House Committee on Education
120 day expiration date June 27, 1990
Document No. 1202
Promulgated By University of South Carolina
Traffic, Parking, and Registration of Motor Vehicles, Columbia Campus
Received by Speaker February 27, 1990
Referred to House Committee on Education
120 day expiration date June 27, 1990
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3129 -- Rep. McLellan: A BILL TO AMEND CHAPTER 34, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BROKERS, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-35-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; AND TO AMEND TITLE 38 OF THE 1976 CODE, RELATING TO INSURANCE, BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4046 -- Rep. Wofford: A BILL TO AMEND SECTION 38-25-150(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38, ON UNAUTHORIZED INSURANCE TRANSACTIONS, DOES NOT APPLY TO THE LAWFUL TRANSACTION OF REINSURANCE BY INSURERS, SO AS TO DEFINE "REINSURANCE" FOR THE PURPOSES OF THIS ITEM AND TO SET FORTH WHAT THE TERM "REINSURANCE" DOES NOT INCLUDE; AND TO REPEAL ITEM (6) OF SECTION 38-25-150 RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38 DOES NOT APPLY TO TRANSACTIONS IN THIS STATE INVOLVING ANY POLICY OF INSURANCE OR ANNUITY CONTRACT ISSUED BEFORE APRIL 30, 1975.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1170 -- 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 ANNUITY.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1283 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA BUILDING CODES COUNCIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1180 -- Senators Waddell, Martschink, Fielding, McConnell, McLeod and Passailaigue: A JOINT RESOLUTION TO PROVIDE A GRANT TO THE FRIENDS OF SNEE FARM FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4168 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE WHEN REVIEWING CANDIDATES FOR A FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, OR SUPREME COURT JUDGESHIP.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4338 -- Reps. Waites, Hayes, Keyserling, T. Rogers, Rudnick and Washington: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE PROCESSING OF COMPLAINTS BY THE COMMISSION AGAINST PERSONS ALLEGED TO HAVE VIOLATED THE PROVISIONS OF ETHICS LEGISLATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4393 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE CONTROLLED SUBSTANCE LAWS, SO AS TO PROVIDE THAT THE OFFENSE OF POSSESSION WITH INTENT TO DISTRIBUTE IS A LESSER INCLUDED OFFENSE TO THE OFFENSES INCLUDED IN SUBSECTION (e).
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4485 -- Reps. Wilkins and Nettles: A BILL TO AMEND SECTION 44-53-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE AND PENALTIES, SO AS TO PROVIDE THAT THE DEFINITION OF A SECOND OR SUBSEQUENT OFFENSE INCLUDES MARIJUANA, DEPRESSANT, STIMULANT, OR HALLUCINOGENIC DRUGS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4495 -- Rep. Burch: A BILL TO REPEAL SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SERVICE OF CRIMINAL PROCESS ON SUNDAY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4551 -- Reps. Wilkins, Barfield, Huff, Haskins and Keesley: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1037 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-33-395 SO AS TO PROVIDE FOR SUIT NOT TO BE BROUGHT AGAINST EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1104 -- Judiciary Committee: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION TO THE APPLICATION FOR VOTING BY ABSENTEE BALLOT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1105 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1106 -- Judiciary Committee: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3983 -- Reps. Harvin, McLeod, Snow and Felder: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF CERTAIN FISH INCLUDING GRASS CARP, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE GRASS CARP WHICH HAVE BEEN STOCKED AS PERMITTED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4195 -- Reps. Sharpe, Bruce and Smith: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONES 3, 6, 7, 9, 10, AND 11 AND IN GAME ZONE 4 NO CLOSED SEASON EXCEPT IN WILDLIFE MANAGEMENT AREA HUNT UNIT BOUNDARIES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4420 -- Reps. Haskins, Gordon, Huff, M.D. Burriss, P. Harris, T.M. Burriss, Corning, Vaughn, Cork, Baxley, Wofford, Tucker and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-265 SO AS TO EXEMPT A NONRESIDENT SIXTY-FIVE YEARS OF AGE OR OLDER FROM OBTAINING A SOUTH CAROLINA HUNTING AND FISHING LICENSE OR PERMIT IF HIS STATE OF RESIDENCE EXTENDS SIMILAR PRIVILEGES TO SOUTH CAROLINA RESIDENTS SIXTY-FIVE YEARS OF AGE OR OLDER, AND TO PROVIDE AN EXCEPTION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 4422 -- Rep. Snow: A BILL TO AMEND CHAPTER 37, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEES, SO AS TO PROVIDE FOR INSPECTION OF BEES AND FIXTURES AND FOR THE CONTROL AND ERADICATION OF ALL DISEASES WHICH MAY INFECT THEM AND TO PROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF REGULATIONS TO IMPLEMENT THOSE PURPOSES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 326 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF POINTS FOR HUNTING AND FISHING VIOLATIONS, SO AS TO PROVIDE FOR THE ASSESSMENT OF POINTS FOR HUNTING WATERFOWL OUT OF POSTED SEASON AND FOR TAKING MORE THAN ONE WATERFOWL OVER THE LEGAL LIMIT.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 464 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONGAME GILL NETS, SO AS TO PROVIDE THAT ATLANTIC STURGEON CAUGHT DURING THE OPEN SEASON FOR ATLANTIC STURGEON IN LICENSED SHAD NETS LAWFULLY FISHED MAY BE KEPT BY THE FISHERMAN AND TO REQUIRE THE ATLANTIC STURGEON TO BE RETURNED TO THE WATER IF CAUGHT DURING THE CLOSED SEASON.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 468 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-2100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIELD TRIAL REGULATIONS, SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 50-9-110 AND 50-11-2110 RELATING TO FIELD TRIALS OF DOGS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 469 -- Senator Drummond: A BILL TO AMEND SECTION 50-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF GAME OR FISH UNLAWFULLY TAKEN, SO AS TO PROVIDE THAT WILDLIFE COMING INTO THE POSSESSION OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY BE DISPOSED OF IN THE DISCRETION OF THE DEPARTMENT.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 586 -- Senator Land: A BILL TO AMEND SECTION 50-9-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY PRODUCE ADDITIONAL STAMPS AS COMMEMORATIVE OR COLLECTOR'S ITEMS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 632 -- Senators Drummond, Rose and McLeod: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4599 -- Reps. Kohn, J. Bailey, Winstead and Hallman: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT TO TAKE ALL STEPS NECESSARY TO HAVE CERTAIN DAYS OF INSTRUCTION MISSED BY THE STUDENTS OF THE DISTRICT WAIVED BY THE APPROPRIATE OFFICIALS OF THE STATE DEPARTMENT OF EDUCATION.
Ordered for consideration tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Haskins Hayes Hendricks Hodges Holt Huff Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis 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 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 February 28, 1990.
Mike Jaskwhich Rick Quinn James C. Johnson Dick Elliott Robert B. Brown Larry Gentry Woody McKay Robert McLellan
LEAVE OF ABSENCE
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the day due to personal reasons.
Rep. TOWNSEND signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 27.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 20.
Rep. FOSTER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 13.
Announcement was made that Dr. Kenneth Smith of Anderson is the Doctor of the Day for the General Assembly.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 4740 -- Reps. J. Rogers, J. Harris, Baxley, Farr, Fant, Neilson, Boan, Mattos, Glover, G. Bailey, Kinon, R. Brown, Kirsh, Harwell, Vaughn, Littlejohn, Smith, Kay, Sturkie, Barfield, Taylor, Wells, Beasley, Waites, J. Bailey, Manly, Keesley, Tucker, D. Martin, McGinnis, McKay, Rudnick, Ferguson, Jaskwhich and Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE AUTHORITY'S SELECTION OF A SITE IN RICHMOND COUNTY, NORTH CAROLINA, AS ONE OF FOUR POSSIBLE SITES FOR THE LOCATION OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY IN NORTH CAROLINA.
Whereas, the members of the General Assembly have learned with concern of the selection by the North Carolina Low-Level Radioactive Waste Authority of a site in Richmond County, North Carolina, as one of four possible sites for the location of a low-level radioactive waste facility in North Carolina; and
Whereas, this proposed site in Richmond County, North Carolina, is three miles north of the South Carolina state line and as such is a substantial detriment to the environment and future economic development of Marlboro County, South Carolina, and other surrounding counties in the Pee Dee region of South Carolina; and
Whereas, several of the other sites currently under consideration by the Authority would be suitable places to locate this facility and would not infringe upon or adversely affect North Carolina's neighboring states; and
Whereas, the members of the General Assembly, by this resolution, are desirous of publicly expressing their opposition to this potential location in Richmond County, North Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their opposition to the North Carolina Low-Level Radioactive Waste Authority's selection of a site in Richmond County, North Carolina, as one of four possible sites for the location of a low-level radioactive waste facility in North Carolina.
Be it further resolved that a copy of this resolution be forwarded to the North Carolina Low-Level Radioactive Waste Authority.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4741 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1113, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4742 -- Rep. Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-145 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO GIVE NOTICE AND HOLD A HEARING BEFORE PETITIONING A MUNICIPALITY TO ANNEX LAND OWNED BY THE STATE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4743 -- Rep. Barber: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ANY MOTOR VEHICLE LOANED TO A SCHOOL DISTRICT WITHOUT CHARGE FOR DRIVER TRAINING PURPOSES BY AN OWNER OR DEALER FOR AT LEAST THIRTY DAYS DURING A PARTICULAR YEAR, AND TO AMEND CHAPTER 3 OF TITLE 56, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES BY ADDING ARTICLE 41 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL PERMANENT LICENSE PLATES TO A SCHOOL DISTRICT TO BE AFFIXED TO VEHICLES USED BY THE DISTRICT FOR DRIVER TRAINING PURPOSES.
Referred to Committee on Ways and Means.
H. 4744 -- Reps. Beasley and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF A STATE BOARD, COMMITTEE, OR COMMISSION APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
Referred to Committee on Judiciary.
H. 4745 -- Reps. L. Martin, Hendricks and Simpson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF THE HOLLY SPRINGS PRECINCT AND THE PUMPKINTOWN PRECINCT AS SHOWN ON THE OFFICIAL MAP DATED FEBRUARY 27, 1990.
On motion of Rep. L. MARTIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4746 -- Rep. Corning: A BILL TO AMEND SECTIONS 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES AND UTILITIES OF REGIONAL TRANSPORTATION AUTHORITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, AND 58-5-210, RELATING TO THE SUPERVISION AND REGULATION OF RATES AND SERVICE BY THE COMMISSION, SO AS TO PROVIDE FOR INSTANCES OF REGULATION AND NONREGULATION BY THE COMMISSION FOR CERTAIN PUBLIC UTILITIES OWNED OR OPERATED BY OR ON BEHALF OF A MUNICIPALITY FURNISHING OR SUPPLYING WATER, SEWERAGE COLLECTION, OR SEWERAGE DISPOSAL BOTH INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY.
Referred to Committee on Judiciary.
H. 4747 -- Reps. Harvin and Blackwell: A BILL TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISIONS PROVIDING FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO REPEAL SECTION 58-12-130, RELATING TO THE FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT.
Referred to Committee On Ways and Means.
H. 4748 -- Reps. T. Rogers and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-144 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN APPLICANT WHO IS TWENTY-ONE YEARS OR OLDER AND HAS PREVIOUSLY HAD HIS DRIVER'S LICENSE STAMPED WITH "UNDER 21" A NEW LICENSE UPON THE PAYMENT OF FIVE DOLLARS.
Referred to Committee on Education and Public Works.
S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.
Rep. SIMPSON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Education and Public Works.
S. 752 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-865 SO AS TO REQUIRE THE COURT OR CLERK OF COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.
Referred to Committee on Judiciary.
S. 971 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.
Referred to Committee on Labor, Commerce and Industry.
S. 1285 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN PRECINCTS.
On motion of Rep. STODDARD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1323 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.
Referred to Clarendon Delegation.
S. 1325 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.
Referred to Committee on Labor, Commerce and Industry.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4403 -- Rep. Smith: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.
H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.
H. 3412 -- Reps. Harvin, Cork, G. Bailey, Kohn, Huff, Taylor, McLeod, M.O. Alexander, Derrick, Limehouse, T.C. Alexander, L. Martin, Neilson and T.M.Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-25 SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE INSURANCE COMMISSION, EX OFFICIO; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE REINSURANCE FACILITY, EX OFFICIO; AND TO AMEND SECTIONS 13-3-40 AND 40-57-50, RELATING TO THE REAL ESTATE COMMISSION OF SOUTH CAROLINA AND THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF BOTH AGENCIES, EX OFFICIO.
H. 4293 -- Rep. Davenport: A BILL TO AMEND SECTION 23-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO SAFETY GLAZING MATERIALS, SO AS TO CHANGE THE DEFINITION OF HAZARDOUS LOCATIONS AS THEY RELATE TO GLAZING OF GLASS OR RIGID PLASTIC.
H. 4450 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-13-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTES AND BONDS OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THE AUTHORITY DISCRETION IN DETERMINING PERSONS OR FAMILIES OF A BENEFICIARY CLASS WHO MAY OBTAIN MORTGAGE LOANS.
The following Bill was taken up was taken up.
S. 627 -- Senator Patterson: A BILL TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED IN COMPLIANCE WITH THE EDUCATION IMPROVEMENT ACT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 27, by the Committee on Education and Public Works.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. PHILLIPS proposed the following Amendment No. 2 (Doc. No. 08660).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 8-11-46. An employee of a state agency transferring to a school district of this State or a school district employee transferring to a state agency is permitted to transfer to and retain at his new employer all sick leave he accumulated at his former employer regardless of his employment status at the new employer."/
Renumber sections to conform.
Amend title to conform.
Rep. PHILLIPS explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. PHILLIPS spoke in favor of the amendment.
Rep. BOAN moved to adjourn debate upon the Bill until Thursday, March 1, which was adopted.
Rep. KEYSERLING moved to adjourn debate upon the following Bill until Tuesday, March 6, which was adopted.
H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.
The following Bill was taken up.
S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 27, by the Committee on Medical, Military, Public and Municipal Affairs.
The amendment was then adopted.
Rep. WOFFORD proposed the following Amendment No. 2 (Doc. No. 1080l).
Amend the bill, as and if amended, by striking all after the enabling words and inserting the following:
SECTION 1. Section 24-3-130 of the 1976 Code is amended to read:
"Section 24-3-130. A. The State Board of Corrections may permit the use of convict prison inmate labor, excluding inmates convicted of violent crimes as defined in Section 16-1-70 or child abuse, or any inmate who has escaped from a correctional facility, murder, voluntary manslaughter, criminal sexual assault in the first or second degree, or armed robbery, on state highway projects or other public projects that may be practical and consistent with safeguarding of the convicts inmates employed therein on the projects and the public. The State Highway Commission and Department of Highways and Public Transportation, other agencies of the State charged with the another state agency, or a county, municipality or public service district making of any a beneficial public improvement for the benefit of the State may apply to the board for such convict the use of inmate labor as in their judgment could be used to advantage in any such on the highway project or other public improvement or_development project. If in the judgment of the board determines the such labor can with safety be devoted to any such may be performed with safety and the project is beneficial to the public it may assign inmates to labor on the highway project or other public purpose project the board may devote such labor to such public use. In all such work the The inmate labor force so employed shall must be under the supervised and controlled by officers appointed and designated by the board but the direction of such the work on any such performed on the highway project or other public improvement project shall must be under the control and supervision of the person designated by the agency, county, municipality or public service district charged with the duty of performing such responsible for the work or making such improvement.
B. The authorities herein designated to let such labor and to use it involved may make such contract enter into contracts to implement the provisions of this section with respect thereto as they may mutually determine upon.
C. Nothwithstanding any other provisions of this chapter, inmates constructing work camps on county property will be supervised and controlled by armed officers and will be drawn exclusively from minimum security facilities. Any work camps constructed or operated by the Department of Corrections shall house only offenders classified as nonviolent. The contracting officials for the county utilizing prison inmate labor shall be provided by the Department of Corrections with the most recent information concerning the composition of all work crews including the respective offenses for which the inmates have been sentenced and their custody levels.
SECTION 2. This act takes effect upon approval by the Governor.
Rep. WOFFORD explained the amendment.
Rep. WHITE spoke against the amendment and moved to table the amendment.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, K. Beasley Bennett Blackwell Blanding Brown, J. Carnell Chamblee Cooper Cork Faber Fant Ferguson Foster Glover Gordon Kay Keyserling Kirsh Littlejohn Martin, D. McAbee Nettles Quinn Rogers, J. Rudnick Snow Stoddard Vaughn Washington White Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Baker Barber Barfield Baxley Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Corbett Corning Davenport Farr Felder Hallman Harris, J. Harris, P. Harrison Haskins Holt Huff Jaskwhich Johnson, J.C. Keegan Keesley Kinon Klapman Kohn Koon Mappus Martin, L. McBride McCain McGinnis McTeer Moss Neilson Phillips Rama Rogers, T. Sharpe Sheheen Smith Sturkie Taylor Townsend Tucker Waites Waldrop Wells Whipper Wilder Wilkes Winstead Wofford Wright
So, the House refused to table the amendment.
Rep. CHAMBLEE spoke against the amendment.
Reps. FANT, BLANDING and WHITE objected to the Bill.
The following Bill was taken up.
H. 3935 -- Rep. Mappus: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO PROVIDE THAT THE COLLISION COVERAGE WHICH MUST BE MADE AVAILABLE BY THE PROVISIONS OF THIS SECTION MUST COVER PRIVATE PASSENGER AUTOMOBILES RENTED BY THE INSURED.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 0817X).
Amend the bill, as and if amended, by adding section:
(G) that a flyer or notice shall be included advising of this coverage.
Rep. RUDNICK explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 2.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4750 -- Reps. Sharpe, Rudnick, Huff and Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN WAGENER AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4751 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HIGHTOWER FAMILY OF BERKELEY COUNTY ON THEIR DONATION OF A FULLY ENDOWED ATHLETIC SCHOLARSHIP TO THE COLLEGE OF CHARLESTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4749 -- Rep. Huff: A BILL TO AMEND SECTION 59-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF MEMBERS OF BOARDS OF TRUSTEES AND BOARDS OF EDUCATION, SO AS TO AUTHORIZE A MEMBER TO RECEIVE PER DIEM AND MILEAGE IN THE PERFORMANCE OF HIS DUTIES AS REQUIRED BY LAW.
Rep. HUFF asked unanimous consent to have the Bill placed on the calendar without reference.
Rep. BEASLEY objected.
Referred to Committee on Education and Public Works.
H. 4752 -- Reps. J.C. Johnson and Carnell: A BILL TO AMEND SECTION 12-43-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION AND ASSESSMENT OF PROPERTY FOR TAXATION BY AN ASSESSOR, SO AS TO PROVIDE THAT THE BURDEN OF PROVING THE ASSESSMENT OR VALUATION IS ON THE ASSESSOR WHEN AN ASSESSMENT OR VALUATION IS OBJECTED TO BY AN OWNER.
Referred to Committee on Ways and Means.
H. 4753 -- Reps. J.C. Johnson and Carnell: A BILL TO DESIGNATE "SOUTH CAROLINA'S FLAG" AS THE OFFICIAL POEM OF THE STATE FLAG.
Referred to Committee on Education and Public Works.
H. 4754 -- Reps. Kay, Faber, Townsend and G. Brown: A BILL TO AMEND SECTION 56-5-4670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FOG LAMPS ON MOTOR VEHICLES, SO AS TO PROVIDE THAT A MOTOR VEHICLE MUST NOT BE EQUIPPED WITH FOG LAMPS.
Referred to Committee on Education and Public Works.
H. 4755 -- Reps. Mappus, Holt, J. Bailey and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-785 SO AS TO PROHIBIT THE SETTING OR USE OF CRAB POTS WITHIN ONE HUNDRED FEET OF A PRIVATELY OWNED DOCK, EXCEPT BY THE OWNER OF THE DOCK.
Referred to Committee on Agriculture and Natural Resources.
H. 4756 -- Reps. T.C. Alexander, Baxley, M.O. Alexander and L. Martin: A BILL TO AMEND SECTION 50-11-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTY FOR HUNTING DEER DURING THE CLOSED SEASON, SO AS TO REVISE THIS PENALTY INCLUDING A PROVISION FOR THE CONFISCATION AND FORFEITURE OF CERTAIN EQUIPMENT OR PERSONAL PROPERTY USED IN THE VIOLATION.
Referred to Committee on Agriculture and Natural Resources.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2.
H. 3935 -- Rep. Mappus: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO PROVIDE THAT THE COLLISION COVERAGE WHICH MUST BE MADE AVAILABLE BY THE PROVISIONS OF THIS SECTION MUST COVER PRIVATE PASSENGER AUTOMOBILES RENTED BY THE INSURED.
Debate was resumed on Amendment No. 2, by Rep. Rudnick.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc. No. 0817X), which was adopted.
Amend the bill, as and if amended, in Section 38-77-280(F) of the 1976 Code, as contained in Section 1, page 1, line 29, by adding after /insured./ /The cost of the collision coverage to a person renting the automobile may not exceed the actual cost of the insurance plus twenty percent, on an annual basis. A one hundred dollar deductible must be made available to the person renting the automobile./
Amend title to conform.
Rep. KOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 4757 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 710, RELATING TO CHILD DAY CARE FACILITIES, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, FEBRUARY 28, 1990, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 710 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 710 is set by special order for second reading or other consideration on Wednesday, February 28, 1990, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until S. 710 is given third reading or it is otherwise disposed of.
Rep. McTEER explained the Resolution.
Rep. KLAPMAN moved to table the Resolution.
Rep. MATTOS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Corning Davenport Foster Glover Gregory Holt Kirsh Klapman Koon Littlejohn Martin, D. Quinn Rama Rogers, T. Taylor Washington Whipper White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corbett Cork Faber Fair Fant Felder Ferguson Hallman Harris, J. Harrison Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Lanford Manly Mappus Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McTeer Moss Neilson Nesbitt Nettles Phillips Rhoad Rudnick Sharpe Sheheen Simpson Smith Snow Sturkie Townsend Vaughn Waites Waldrop Wilder Wilkins Williams, J. Winstead
So, the House refused to table the Resolution.
Rep. WASHINGTON raised the Point of Order that S. 710 was out of order as it dealt with revenue and should have been referred to the Ways and Means Committee.
The SPEAKER stated that the House was not considering that Bill at this time, only a Resolution setting it for Special Order and he overruled the Point of Order.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 4758 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4246, RELATING TO INFECTIOUS WASTE, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE THIRD READING OF S. 710 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4246 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4246 be set by special order for second reading or other consideration immediately following third reading or other disposition of S. 710 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 4246 is given third reading or it is otherwise disposed of.
Rep. McTEER explained the Resolution.
Rep. KOON moved to table the Resolution.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bruce Burriss, M.D. Burriss, T.M. Davenport Haskins Jaskwhich Koon Littlejohn McCain Rama Simpson Sturkie Vaughn Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Brown, G. Brown, H. Brown, R. Burch Carnell Chamblee Clyborne Cooper Cork Corning Fair Fant Farr Felder Ferguson Glover Gordon Gregory Hallman Harris, J. Harrison Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Klapman Koon Manly Mappus Martin, D. Martin, L. McAbee McEachin McElveen McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Townsend Tucker Waites Waldrop Wilder Wilkes Wilkins Williams, J. Winstead Wofford
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
On the vote to table the motion for Special Order on Infectious Waste, I was briefly out of the Chamber. Please let journal reflect that I voted against tabling pending question.
Rep. Ken Corbett
Rep. KOHN moved to adjourn debate upon the following Bill until Thursday, March 1, which was adopted.
S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.
Rep. FARR moved that following the Joint Assembly and upon the departure of the Senate from the House Chamber, that the House stand adjourned, which was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
S. 1153 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE PROVISIONS DETAILING THE MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES, TO DELETE THE PROVISIONS PERTAINING TO THE GROUP POLICY AND SUBSCRIBER CONTRACTS TO WHICH THE STANDARDS DO NOT APPLY, AND TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS CONTAINING THE STANDARDS.
Rep. NEILSON explained the Bill.
S. 1154 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.
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.
S. 1171 -- 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 DEFINE "BY"; AND SECTION 38-39-30, RELATING TO THE INVESTIGATION OF AND ISSUANCE OF A LICENSE TO A PERSON TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS, SO AS TO REQUIRE THAT BEFORE A FOREIGN CORPORATION MAY BE LICENSED, IT MUST BE REGULATED AND EXAMINED BY THE INSURANCE DEPARTMENT IN ITS STATE OF DOMICILE.
H. 4263 -- Reps. Wilkins and Nettles: A BILL TO REPEAL SECTION 14-7-1595, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF CERTAIN COUNTY GRAND JURY MATTERS.
Rep. WILKINS explained the Bill.
H. 4267 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1825, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF ADULT PERSONS, SO AS TO PROVIDE THAT THE PETITION FOR ADOPTION MUST BE FILED WITH THE FAMILY COURT, RATHER THAN THE COURT OF COMMON PLEAS OR "COURT HAVING CONCURRENT JURISDICTION"; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO GRANT THE COURT EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS FOR, AND RELATED TO, THE ADOPTION OF ADULTS.
H. 4701 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4702 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4708 -- Rep. Corning: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOSE CREEK IZAAK WALTON LEAGUE OF AMERICA.
The following Bill was taken up.
H. 3866 -- Rep. R. Brown: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DEFINE ITEMS OF HOUSEHOLD GOODS WHICH ARE EXEMPT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0565X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 15-41-30(3) of the 1976 Code, as last amended by Act 415 of 1988, is further amended to read:
"(3) The debtor's interest, not to exceed two thousand five hundred dollars in aggregate value in the following items household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that to the extent they are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.:
(a) household furnishings;
(b) household goods, defined as clothing, furniture, appliances, one radio and one television, linens, china, crockery, kitchenware, and personal effects of the debtor and his dependents but the following are not included within this scope of the term 'household goods':
(i) works of art;
(ii) electronic entertainment equipment (except one television and one radio); and
(iii) items acquired as antiques;
(c) books;
(d) animals;
(e) crops;
(f) musical instruments."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4254 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0661X), which was adopted.
Amend the bill, as and if amended, Section 4-35-20, by adding before the period at the end /in the unincorporated areas of a county/. When amended the section shall read:
/Section 4-35-20. Nothing contained in this chapter may be construed to limit or restrict the powers of a county. The authorization provided in this chapter is cumulative to those powers and is provided as an alternate means for the provision of public works projects in the unincorporated areas of a county./
Amend further, Section 4-35-30, by striking item (3) and inserting:
/(3) 'Improvement district' means an area in an unincorporated portion of the county designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J.C. JOHNSON moved to adjourn debate upon the following Bill until Thursday, March 1, which was adopted.
H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.
The following Bill was taken up.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0676X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 9-8-60 of the 1976 Code, as last amended by Section 60D, Part II, Act 189 of 1989, is further amended by adding:
"(5) A member who retires after June 30, 1990, and who has completed at least twenty-five years of credited service shall receive a monthly retirement allowance which must be equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position plus one-twelfth of two and sixty-seven hundredths percent of the current active salary of the respective position for each additional year of active service over twenty-five. The monthly retirement allowance may not exceed one-twelfth of ninety percent of the current active salary of the respective position."
SECTION 2. Section 9-8-120(4) of the 1976 Code is amended to read:
"(4)No justice, or judge while drawing retirement compensation shall engage in the practice of law if such practice shall involve appearing in the courts of this State before a jury, administrative tribunal or judge or shall involve appearing before the Supreme Court of this State. A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4553 -- Reps. Rudnick and Smith: A BILL TO AMEND SECTION 2-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO PROVIDE THAT COPIES OF ACTS MUST BE PROVIDED TO COUNTY ATTORNEYS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0509X), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 2-13-240 of the 1976 Code is amended to read:
"Section 2-13-240. (a)(A) Sets of the Code of Laws of South Carolina, 1976, shall must be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; each county court judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such the offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; the office of county attorney, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Aeronautics Commission, one; Alcohol and Drug Abuse Commission, one; Alcoholic Beverage Control Commission, one; Department of Archives and History, one; Board of Bank Control, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Development Board, two; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Highway Department of Highways and Public Transportation, five; Human Affairs Commission, one; Industrial Commission, seven; Department of Insurance, two; Department of Juvenile Placement and Aftercare, one; Labor Department, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Mental Retardation, five; Ports Authority, one; Board of Probation, Parole and Pardon Board Services, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Tax Commission, five; Board for Technical and Comprehensive Education, one; Department of Veterans' Affairs, one; Department of Vocational Rehabilitation, one; Water Resources Commission, one; Wildlife and Marine Resources Department, two.
(b)(B) If any a technical college or center offers a course in paralegal practice such the college or center shall be is allowed two additional sets of the Code.
(c)(C) All remaining copies of the Code may be sold or distributed in the best interest of the State as may be determined by the Legislative Council.
(d)(D) The provisions of Sections 8-15-30 and 8-15-40 of the 1976 Code shall do not apply to members of the General Assembly, members of the Legislative Council, and the Code Commissioner."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.
Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill until Thursday, March 1, which was adopted.
Rep. CORBETT moved to adjourn debate upon the following Bill until Thursday, March 1, which was adopted.
H. 4435 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO INCREASE FROM TWO TO FOUR YEARS THE TERM FOR WHICH HE IS APPOINTED.
The following Bill was taken up.
H. 4474 -- Rep. Moss: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING HOME ADMINISTRATORS, SO AS TO PROVIDE FOR THE LICENSURE OF NURSING HOME ADMINISTRATORS, PRESCRIBE CONDUCT FOR DISCIPLINARY ACTION, AND PRESCRIBE THE DUTIES AND POWERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, INCLUDING THOSE FOR THE ISSUANCE OF LICENSE AND DISCIPLINARY PROCEEDINGS.
Rep. MOSS was recognized.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. MOSS having been recognized.
The following Bill was taken up.
S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.
Rep. WHIPPER raised the Point of Order that the Bill was out of order as it generated revenues and should have been referred to Ways and Means Committee.
The SPEAKER, citing Rule 4.4, stated that after the House sets a Bill for Special Order pursuant to Rule 6.3, no point of order may be raised regarding its reference to committee and he overruled the Point of Order.
Rep. WHIPPER moved to commit the Bill to the Committee on Ways and Means, which was not agreed to.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4574U), which was adopted.
Amend the bill, as and if amended, Section 20-7-2720, as contained in SECTION 1, page 28, line 22, by striking /minimum/ and inserting /adequate/ so that when amended Section 20-7-2720 reads:
/Section 20-7-2720. This subarticle defines the regulatory duties necessary to safeguard children in care in places other than their own homes and to insure adequate levels of protection and supervision for these children. It establishes uniform statewide minimum standards for facilities providing out of home care for children./
Amend further, Section 20-7-2760(A), as contained in SECTION 1, page 32, line 16, by striking /eleven/ and inserting /thirteen/ so that when amended Section 20-7-2760(A) reads:
/(A) There is created the State Board for the Regulation of Child Day Care Facilities composed of thirteen members appointed by the Governor with the advice and consent of the Senate from the State at large for terms of four years and until their successors are appointed and qualify. No member may serve more than two terms. Terms expire on June thirtieth of the appropriate year. A vacancy must be filled in the manner of original appointment for the unexpired portion of the term./
Amend further, by striking Section 20-7-2760(B)(9), as contained in SECTION 1, page 32, beginning on line 38, and inserting:
/ (9) three parents of children currently receiving child day care services;/
Amend further, Section 20-7-2770, as contained in SECTION 1, page 34, by adding an appropriately lettered subsection to read:
/( ) The board shall promulgate regulations to apply the standards provided for in Section 20-7-2720 to children six through eighteen years of age who are provided services pursuant to Section 20-7-2740./
Amend further, Section 20-7-2840, as contained in SECTION 1, by striking the sentence beginning on line 40 and page 38, and inserting:
/The board may investigate without notice a child day care facility when there are complaints regarding the health and safety of the children, reports of violations of this subarticle and related regulations, or reports of enrollment beyond the limits set forth in this subarticle./
Amend further, Section 20-7-2860(A), as contained in SECTION 1, page 39, line 30, by striking /eleven/ and inserting /thirteen/ so that when amended Section 20-7-2860(A) reads:
/(A) Six local advisory committees for the regulation of child day care facilities are created, one in each congressional district, composed of thirteen members appointed by the Governor with the advice and consent of the Senate from the respective districts for terms of four years and until their successors are appointed and qualify. No member may serve more than two terms. Terms expire on June thirtieth of the appropriate year. A vacancy must be filled in the manner of original appointment for the unexpired portion of the term./
Amend further, by striking Section 20-7-2860(B)(9), as contained in SECTION 1, page 40, beginning on line 9, and inserting:
/(9) three parents of children currently receiving child day care services;/
Renumber sections to conform.
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
Rep. MOSS proposed the following Amendment No. 2 (Doc. No. 4995U), which was adopted.
Amend the bill, as and if amended, Section 20-7-2760(A), as contained in SECTION 1, by deleting /with the advice and consent of the Senate/ beginning on line 17 on page 32.
Amend further, page 33, Section 20-7-2760(D), as contained in SECTION 1, by striking /must/ on line 3 of page 33 and inserting /may/.
Renumber sections to conform.
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
Reps. FAIR, BEASLEY and HAYES proposed the following Amendment No. 4 (Doc. No. 0702o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4, page 45, beginning on line 45 and inserting:
/SECTION 4. Upon the approval of this act, an ad hoc committee must be appointed by the Chairman of the Joint Legislative Committee on Children to provide for the orderly implementation of the State Board for the Regulation of Day Care Facilities provided for in this act.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Reps. FAIR, BEASLEY and HAYES proposed the following Amendment No. 5 (Doc. No. 0701o), which was adopted.
Amend the bill, as and if amended, SECTION 3 (C)(2) and (3), page 45, lines 34 and 35, by striking /four members/ and inserting /six members/.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Reps. FAIR, BEASLEY and HAYES proposed the following Amendment No. 6 (Doc. No. 0700o), which was adopted.
Amend the bill, as and if amended, Section 20-7-2860, as contained in SECTION 1, page 39, beginning on line 31, by deleting /with the advice and consent of the Senate/;
and page 40, line 13, by striking /must/ and inserting /may/.
Amend title to conform.
Reps. FAIR, BEASLEY and HAYES proposed the following Amendment No. 7 (Doc. No. 0699o), which was adopted.
Amend further, Section 20-7-2730(13), as contained in SECTION 1, page 30, by striking lines 28 through 29 and inserting:
/years to a private child day care center, group day care home, or family day care home showing that the facility is/.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Reps. FAIR, BEASLEY and HAYES proposed the following Amendment No. 8 (Doc. No. 0698o).
Amend the bill, as and if amended, Section 20-7-2760, as contained in SECTION 1, page 32, by striking lines 14 through 18 and inserting:
/Section 20-7-2760. (A) There is created the State Board for the Regulation of Child Day Care Facilities composed of fifteen members appointed by the Governor from the State at large for terms of/;
and by striking lines 38 through 39 and inserting:
/(9) five parents of children currently receiving child day care services, one of whom shall represent the church child day care facilities;/;
and page 33, line 3, by striking /must/ and inserting /may/.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. FOSTER moved that the House stand at ease until the Joint Assembly, which was agreed to.
Further proceedings were interrupted by the House standing at ease, the pending question being consideration of Amendment No. 8.
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. 4585 -- Reps. Sheheen, J. Rogers 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, FEBRUARY 28, 1990.
Chief Justice George T. Gregory, Jr. and distinguished party were escorted to the rostrum by Senators Williams, McCaulay, Stilwell and Pope and Reps. J. ROGERS, WILKINS, RUDNICK and BURCH.
Lt. Governor Theodore introduced the honored guest as follows:
"Today we are privileged to have with us, to address this Body, the Chief Justice of our Supreme Court, George T. Gregory, Jr. Let us welcome him."
Chief Justice Gregory addressed the Joint Assembly as follows:
"Mr. President, Mr. Speaker, Honorable members of the Senate and House, and friends... First, on behalf of the South Carolina Supreme Court, the Court of Appeals, the Circuit Court, the Family Court, Masters-In-Equity, Probate Court, Magistrates Court and Municipal Court, as well as all judicial personnel, let me thank you for the honor and privilege given me of addressing this Joint Assembly today. I appreciate your having invited me as Chief Justice to report the State of the Judiciary in South Carolina. This afternoon, I will briefly review 1989 accomplishments and the needs for 1990 and future years. I am especially happy to see a good relationship grow between the legislative and judicial branches of government. Our court continues to be grateful to the General Assembly and its leadership for understanding and encouragement. The judiciary, likewise, enjoys a good relationship with the Governor and members of the executive branch, for which we are also grateful. The genius of our system of government is the separation of powers, with each branch providing checks and balances on the others. I remind you that the pursuit of justice is the shared concern of all three branches which are truly partners in the administration of justice, but with separate and distinct responsibilities. Our common goal continues to seek for South Carolina a legal system that is just and fair to all its citizens. Perfection is not attainable, but we who are judges must maintain rigorous professional and personal standards and high ideals tempered only by a recognition of our human limits and capabilities. We pledge our best within the resources provided. South Carolina's record of selecting judges of high ability and integrity is good. The judiciary supports and endorses the Joint Legislative Judicial Screening Committee's recent action to ensure that judicial candidates will continue to meet the highest standards. The committee formalized its procedures based on models endorsed by the American Judicature Society and the American Bar Association. The committee adopted clear and stringent evaluative criteria against which to measure a judicial candidate's integrity, legal ability, temperament, work habits and financial responsibility. The background disclosures now required are sweeping, rigorous and detailed. It is crucial to our system of justice that we attract judicial candidates of impeccable character, keen judgment, demonstrated ability, dedication, common sense and sensitivity. Recent reforms ensure that the high caliber of our judiciary will be maintained. Procedures for the discipline of judges and lawyers were again reviewed during the past year. We recognize that public confidence in both the Bench and Bar is dependent on the integrity of our disciplinary procedures. Lay participation in the disciplinary process of judges and lawyers began in 1989. Their active involvement and participation adds strength and credence to the systems. Last year, we discussed with you the court's concerns with the delay from initial complaint about a judge or lawyer until final resolution. Complaints of substance are investigated and processed by the Attorney General's office. Formal complaints cannot be prepared and filed until fully investigated. You provided the Attorney General with funding for two additional investigators. Yet, more are needed for prompt investigation and timely resolution of all complaints. Unnecessary delay in processing complaints about judges and lawyers is intolerable. Effective September 1, 1990, the rules of the professional conduct will replace the code of professional responsibility as the rules governing the conduct of lawyers in South Carolina. These rules were proposed by the American Bar Association and have been adopted in nearly all of the states. The South Carolina Bar recommended they be adopted in South Carolina. After a public hearing by the Supreme Court, the rules were adopted with time allowed for all lawyers to learn them before their effective date. We commend to you the South Carolina Appellate Court rules submitted to the Chairmen of the Senate and House Judiciary Committees. Chief Justice Littlejohn chaired the Ad Hoc Committee which developed the rules. Justice Toal, of the Supreme Court, and Chief Judge Sanders, of the Court of Appeals, were the vice-chairmen. Input in this project was broad and included all segments of the Appellate Bar. The antiquated Supreme Court rules have long needed revision. The new Appellate Court rules, under study of over four years, answer that need. During 1989, we continue to experience a tremendous growth in litigation. The case load in both the Circuit Court and Family Courts, is increasing faster that we are able to dispose of the work. As a result, the number of cases pending in these courts had skyrocketed. We endeavored to address these increases over the years with a number of administrative initiatives. For example, we reduced the number of in-chamber or in-office weeks to create more trial court. We assigned special and retired judges from 1982 until 1989. The average yearly equivalent of 4.2 active full-time circuit judges and 1.0 active full-time family judge. In 1989, the court's criminal information system was in transition. General sessions or criminal cases were tracked by indictment number in 1988 and before. To coordinate with SLED's records, we now track by warrant number. More than 86,400 criminal warrants were filed in 1989. Pending at year's end were 31,300. This translates into an unmanageable 22 percent growth in 1989 with no end growth in sight. The filings of civil cases in Circuit Court remained the same in 1989 as the year before, 53,500. Dispositions slightly exceeded filings. By year's end, 24,400 cases were awaiting disposition, but only 3.7 percent had been docketed longer than one year. Common pleas cases require, on average, 23 weeks to be disposed. Last year, 75,800 cases were filed and 74,200 ended. The 19,600 cases pending at the end of 1989 is higher than the year before. The case load grows 1,000 to 1,500 yearly. Our goal is for every Family Court matter to be concluded within six months of filing. During 1989, 6 percent required longer. The average age of a pending case is now 12 weeks. In 1983, the South Carolina Supreme Court first provided for automatic enforcement of child support accounts paid through Clerks of Court. In the following fiscal year, 1983-84, statewide collections were $41,000,000. In the past fiscal year, statewide child support collections processed by clerks topped the $100,000,000 mark. We can be justifiably proud of our efforts, implemented long before federal recognition of the importance of timely collection of child support. The case load of the Probate Courts has been tracked for six years, and has remained relatively constant at more than 19,000 cases each year. Of the approximately one and one-third million cases handled by the state's trial courts each year, 57 percent or 742,000 were handled in Magistrate's Court, and 30 percent or 390,000 were handled in the Municipal Courts. Of course, a large share of those cases are disposed as bond forfeitures in traffic cases. A citizen's typical encounter with the court system will be an appearance before a magistrate or municipal judge. These two courts generate nearly $50,000,000 for their counties and municipalities at a cost of less than $20,000,000 to operate statewide. In February, 1989, following ratification by the General Assembly of a Constitutional Amendment, the State Grand Jury Act became effective. Attorney General Travis Medlock names Cameron M. Currie as a Chief Deputy Attorney General and as Chief, State Grand Jury section. Critical to the success of this effort was the selection of its chief. The Supreme Court then entered an order on March 9, 1989, establishing procedures for selection of the first state grand jury. Participating in the jury selection and notification process were the Clerk of the State Grand Jury, personnel of the Division of Information Resource Management, the Clerks of Court of all 46 counties, the sheriffs and the chief administrative judge for the fifth circuit. The first state grand jury was sworn and charged on June 14, 1989. The Grand Jury meets once a month for a three day session. To date, the State Grand Jury had indicted 110 individuals for trafficking in drugs. 40 persons have been found guilty or have entered pleas of guilty. All defendants sentenced to date have received jail time. The State Grand Jury has had an impact on the judiciary. The presiding judge has assumed numerous duties related to the Grand Jury in addition to his already heavy load as chief administrative judge, criminal, for the fifth circuit. Five circuit judges have been assigned both criminal and civil cases arising from action by the Grand Jury. The first criminal trial in a state grand jury case lasted 14 days. Appeals from that trial have now been filed with the Supreme Court. Extra terms of court have been ordered to handle these cases, court reporters, juror fees and related expenses have been incurred. The State Grand Jury appears to be doing exactly what the legislature envisioned, investigating and indicting drug traffickers, and seizing their assets. This activity has had and will continue to have a significant impact on the state's judicial system. The impact of Hugo on the judicial department was both immediate and long term. Court was initially disrupted in a number of areas but all counties, including Charleston, were able to resume court within three weeks after the storm. Charleston, our third busiest, was the hardest hit with the condemnation of the county courthouse. I compliment the citizens and government of Charleston, county officials and the judges, lawyers and Bar officers, for their response to this emergency. A temporary replacement courthouse, larger and more functional than the old courthouse, was opened in January, less than four months after the loss of the old facility. This temporary courthouse should be more than adequate until a permanent replacement can be planned and rebuilt. The long-term impact of Hugo is difficult to project but we anticipate an avalanche of civil filings and to a lesser extent, additional criminal cases. The courts will be years working through cases generated by Hugo. The judicial department's number one priority is additional circuit court judgeships. Our request for nine new judges and related support positions was recently passed by the House, and is now before a Senate Judiciary Subcommittee. The need of the new judgeships is clear. The Omnibus Crime Bill, increased drug and DUI cases, Hugo, State Grand Jury proceedings, death penalty cases and the tremendous growth of complex civil litigation has overwhelmed the Circuit Courts. Approval by the Governor of the pending abortion bill now on his desk will add to the load. The last increase in circuit court judges occurred in 1979, when we went from 25 to 31 judges. The availability of family court judges for assignment to Circuit Court had disappeared. We presently require and assign all family court judges to that court. Our request for additional circuit judges is prudent and timely. Having experienced the Circuit Court caseload growth of the 80's, we cannot meet the demands of the 90's with the resources of the 70's. Justice unnecessarily delayed is justice denied to the people of South Carolina. The only question is budgetary. I am confident of your favorable response. Before closing, I will touch briefly on the Supreme Court and the Court of Appeals. Both are functioning well and in harmony. The Supreme Court is temporarily housed in the Calhoun Building with the Court of Appeals during renovation of the Supreme Court Building. Asbestos removal has momentarily delayed progress on the renovation. With your permission, I will introduce our colleagues present with us today. From the Supreme Court, we have Justices David Harwell Lee Chandler, Ernest Finney, and Jean Toal. From the Court of Appeals, are Chief Judge Alex Sanders and Judges Randy Bell, Jasper Cureton, Jack Gardner, Bert Goolsby and Curtis Shaw. All have been wonderfully encouraging and supportive of me during the two years I have served as your Chief Justice. Similar encouragement and support has come from other judges of the unified court system and all court staff and department personnel. I thank them all. In closing, I thank the General Assembly for cooperation with and support of the judicial branch as we labor together for the good of all South Carolinians. Fidelity to our shared trust is our common goal as we administer justice. My faith rests in you and the people of our great State. Thank you very much."
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 12:33 P.M. the House resumed, the SPEAKER in the Chair.
The Senate returned to the House with concurrence the following:
H. 4735 -- Reps. Waldrop and Gentry: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 30 - MAY 5, 1990, AS "NEWBERRY COUNTY JUNIOR MISS PAGEANT WEEK" IN NEWBERRY COUNTY.
H. 4738 -- Reps. Stoddard and M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY SENIOR ATHLETE CHRIS PATTON OF FOUNTAIN INN FOR REACHING THE PINNACLE OF AMATEUR GOLF BY CAPTURING THE UNITED STATES AMATEUR CHAMPIONSHIP IN AUGUST OF 1989.
H. 4751 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HIGHTOWER FAMILY OF BERKELEY COUNTY ON THEIR DONATION OF A FULLY ENDOWED ATHLETIC SCHOLARSHIP TO THE COLLEGE OF CHARLESTON.
At 12:34 P.M. the House in accordance with the motion of Rep. FARR adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:21 P.M.