Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Most merciful and gracious God, Whose guidance is available to all who will claim it, cause us to know that Your laws are changeless and in obedience to them we find unending peace and joy. Grant that we might walk faithfully in the way You have marked out for us. May we be inspired by a more vital and vivid experience of Your presence and power, especially when we are disquieted in a sense of futility and frustration. Help us to know completely that our highest calling is the doing of Your divine will.
To You, O Lord, we give our praise and thanksgiving. 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 Friday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1234
Promulgated By Board of Dentistry
Guidelines for Anesthesia
Received by Speaker March 21, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date July 19, 1990
Document No. 1205
Promulgated By Department of Social Services
Child Support Guidelines
Referred to Senate Committee on Medical Affairs
120 day expiration date May 23, 1990
Withdrawn and Resubmitted March 21, 1990
The following was received.
MEMORANDUM
TO: Members of the Legislative Council
From: Thomas S. Linton
Date: March 22, 1990
This is to formally notify you that I will retire as Code Commissioner and Director of the Legislative Council at the end of the day on October 1, 1990.
I appreciate having been able to serve the General Assembly through thirty-two annual sessions. During this time, I have found legislators to be among the greatest people in the world, and as a result it has been a wonderful and satisfying experience for me.
I am confident that my successor will inherit a staff which is superior to most and inferior to none.
Received as information.
Rep. McTEER arose to a Point of Personal Privilege.
On motion of Rep. WASHINGTON, with unanimous consent, Rep. McTEER'S remarks were ordered printed in the Journal as follows:
"Mr. Speaker, ladies and gentlemen...I rise this afternoon to respond to an advertisement that was placed in last Thursday's State newspaper by Southland Exchange Joint Venture, an infectious waste incinerator in Hampton County. Before I discuss briefly a few things involving the company, I would like to respond directly to the ad, which implied that I was using a tax from Southland personally and that I was using it in a secret and inappropriate manner in Hampton County. First of all, the money that was referred to was not a tax on Southland. Southland has found a loophole which allows them to avoid most of the property taxes that they would normally pay. What they are referring to when they say that they pay large taxes are actually fees on the out of state generators of the waste. Southland Exchange Joint Venture is simply a collection agency for those fees. Of those monies which they collect, $22 a ton, $6 comes to the Delegation account, of which Senator McLeod and I are the only members of the Delegation. We have used these funds for two projects in Hampton County. We have used it for one recreational project and we have used it to buy some additional advertising to focus on the developing catfish industry in Hampton County and promote Hampton County as the premier catfish industry east of the Mississippi. These are the only two expenditures that we have made from the account and we have advertised both expenditures very widely in the local papers. Beyond those two expenditures, $4 a ton, goes to hire three inspectors which are on sight at the plant and $12 a ton goes to DHEC in the Infectious Waste Contingency Fund. None of these monies have been spent, not a dime of them have been spent. It is clear that the company has lost their argument based on merit and public form, and they have decided now to present their case by making personal attacks. It is particularly disgusting because I have refrained from making any personal tax on the company during our entire debate. I could have brought up to this House, pictures of ash coming out of that incinerator to show you that they were not fully burning the ash. I could have brought you pictures of water to the House floor, with syringes floating on the older floor of the company and the workers walking in boots through them. I could have brought you pictures and video tapes of going out in the Hampton County landfill and digging up bags and opening them up and seeing that the waste was not burned, though they claimed to burn at 2000 degrees. There is plastics in that waste that has not been burned and plastics to store at 180 degrees. DHEC has shown that they have picked up animals out of that landfill and supposedly, had been through the incinerators and the fur on the animals had not been singed. I could have done all of those things to point to you that that company is not operating as they are supposed to in Hampton County. But, instead of doing that, I wanted to bring to this House a very simple fact, that South Carolina's lack of policy in dealing with out of state wastes is going to place a tremendous liability on us in the next century. I wanted this House and this General Assembly to say that we do not need to try to handle the out of state burden and we need to do something about our lack of policy regarding the out of state wastes in South Carolina. And when the House spoke, we said just that, that we had a problem with the out of state waste and we spoke not only to Southland, but entirely to the waste industry. That is what I wanted us to do and that is why I refrained from mentioning these items that referred only to the company in my debate. Let me say that I am not concerned about the personal attacks on me because, locally, the people are well aware of Southland. They no longer have any credibility and I am not hurt by the personal attacks. What I really should have risen to was a Point of Privilege of the House because that is what concerns me most. The company has thought that they could handle DHEC by hiring former DHEC employees and family of former DHEC employees. When DHEC released their $200,000 fine on the company last week, let me read what they said, 'Senior DHEC officials, all of whom asked to remain anonymous, said negotiations with Southland had been strained and that a heavy fine was warranted because the company had failed to live up to previous consent agreements or demonstrate a willingness to improve.' In this case, Southland is not even making an effort. Beyond this particular episode with DHEC, they have taken the position that they can hire lawyers and wear DHEC down. The news reports are clear on that and that is their intentions, that they would just rather go ahead and operate the way that they want to and let their lawyers worry about DHEC. The personal attacks on me in the paper are for no reason except to show Senator McLeod over in the Senate that they are willing to create a personal smear campaign if we do not go along with their demands. Finally, the thing which aggravates me more, and which I think is most important is the attitude of the company that they can handle this General Assembly by simply buying off enough lobbyists and that, my friends, is the problem that I am seeing now in the Senate..They are saying, and I am getting the word back to me, that they feel that they will at least be taken care of and the Bill will be watered down in the Senate because the lobbyists they have hired have enough friends in the Senate to do that. I thank you for your kind attention to me and I rise this morning, to condemn not only the flagrant abuse the company has shown, but also to condemn the arrogant attitude that they have had in responding to DHEC and to the General Assembly. Thank you."
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4569 -- Reps. McTeer, Wilder and Rhoad: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TORT CLAIMS ACT SO AS TO EXEMPT FROM LIABILITY BOAT RAMPS, LAUNCHING, OR DOCKING FACILITIES COMPLYING WITH STATE ORGANIZATION OF BOATING, ACCESS ADMINISTRATORS (SOBAA) SPECIFICATIONS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1384 -- Senators Pope, Shealy and Martschink: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 15, 1990, AND SATURDAY, JUNE 16, 1990.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. HALLMAN, with unanimous consent, the following was taken up for immediate consideration:
S. 1413 -- Senator Martschink: A CONCURRENT RESOLUTION DESIGNATING MAY 5-12, 1990, AS "MOTORCYCLE SAFETY AWARENESS WEEK" IN SOUTH CAROLINA AND PROMOTING "MOTORCYCLE AWARENESS AND YOU" DURING THAT WEEK.
Whereas, it is necessary to focus on increasing recognition of motorcycles on South Carolina streets and highways; and
Whereas, motorists' awareness of motorcycles in traffic should be improved, and motorcycle drivers should be encouraged to participate in certain training courses; and
Whereas, modeled after similar campaigns adopted in other states and in Canada, "Motorcycle Safety Awareness Week" should be used to promote "Motorcycle Awareness and You", involving activities to promote motorcycle safety and public awareness and to encourage the over sixty thousand motorcycle drivers in the Palmetto State to get involved; and
Whereas, this "MAY" promotion has become so popular with the general public and motorcyclists in other states that it has become an annual event. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates May 5-12, 1990, as "Motorcycle Safety Awareness Week" in South Carolina and promotes "Motorcycle Awareness and You" during that week.
Be it further resolved that a copy of this resolution be forwarded to Mr. David R. Bird, Safety Coordinator, South Carolina Chapter G of Gold Wing Road Riders Association, 108-F Shagbark Lane, North Charleston, South Carolina, 29418.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. T.M. BURRISS, with unanimous consent, the following was taken up for immediate consideration:
S. 1414 -- Senator Leatherman: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 8-14, 1990, AS NATIONAL BUILDING SAFETY WEEK, EXPRESSING HIGHEST TRIBUTE TO THE NUMEROUS CITY, COUNTY, AND STATE CODES-ENFORCEMENT OFFICIALS, AND COMMENDING THEM FOR THEIR COMMITMENT, DEDICATION, AND UNTIRING EFFORTS TO ASSURE THE HEALTH, SAFETY, AND WELFARE OF EVERY CITIZEN OF THIS STATE.
Whereas, the South Carolina Building Codes Council, the State Fire Marshal's Office, the State Fire Commission, and the Building Officials Association of South Carolina, as well as all city and county building, electrical, plumbing, mechanical, and fire prevention officials in the State have joined together to support National Building Safety Week April 8-14, 1990; and
Whereas, the purpose of this event is to provide the citizens of this State with an awareness of the important health and safety services provided by codes-enforcement officials and inspectors; and
Whereas, it is altogether fitting for the General Assembly to enhance public awareness and understanding of building safety, to recognize and commend publicly all city, county, and state codes-enforcement personnel, and to support the concept of National Building Safety Week. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes the week of April 8-14, 1990, as National Building Safety Week, expresses its highest tribute to the numerous city, county, and state codes-enforcement officials, and commends them for their commitment, dedication, and untiring efforts to assure the health, safety, and welfare of every citizen of this State.
Be it further resolved that a copy of this resolution be forwarded to Mr. William Anderson, Chairman of the South Carolina Building Codes Council, to Mr. Richard S. Campbell, State Fire Marshal, to Mr. Douglas Smits, President of the Building Officials Association of South Carolina and to Mr. Lewis B. Lee, Chairman of the State Fire Commission.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1415 -- Judiciary Committee: A CONCURRENT RESOLUTION TO APPROVE ARTICLES 12 AND 13 OF THE WORKERS' COMPENSATION COMMISSION REGULATIONS, AS PROPOSED IN VOLUME 14, ISSUE 3 OF THE STATE REGISTER, AND CONTAINED IN DOCUMENT NUMBER 1254.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 1416 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO J. W. "BULL" FOOSHE OF MCCORMICK COUNTY FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AND EXTENDING HIM BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1420 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. TOM EVATT OF VULCAN MATERIALS IN GREENVILLE AND A NATIVE OF PICKENS COUNTY WHO WAS SELECTED THE 1989-90 MINER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of The Richland Delegation, with unanimous consent, the following was taken up for immediate consideration:
S. 1430 -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE SUNDAY, APRIL 22, 1990, AS "EARTH DAY 1990" IN SUPPORT OF THE DECADE OF THE ENVIRONMENT AND TO ENCOURAGE PUBLIC AND INDIVIDUAL PARTICIPATION IN APPROPRIATE ACTIVITIES.
Whereas, the environment of our world is experiencing rapid change because of increasing population pressures, higher energy demands, greater resource use, and significant technological growth, each of which causes effects which transcend borders; and
Whereas, the creation and implementation of solutions to problems such as pollution of air and water, soil loss, acid deposition, deforestation, decreasing biodiversity, solid and hazardous waste disposal, global warming, and ozone depletion will depend upon the commitment and cooperation of world, community, and environmental leaders; and
Whereas, the education of individuals to recognize the environmental impacts of their lives, and the development of responsible consumerism and management by individuals is essential to finding solutions to global problems; and
Whereas, the State of South Carolina contains varied and bountiful wildlife and other natural resources which sustain life as well as a very special quality of life, and its citizens wish to sustain a healthful life and enjoy the beauty and environmental quality of the Palmetto State well into the future; and
Whereas, the General Assembly desires to recognize the South Carolina Wildlife Federation which declared at its January 27, 1990, meeting that it will lead and support state and local efforts aimed at creating a sustainable world environment and will organize public participation in activities leading to a new beginning for our common future in the pivotal decade of the 1990's. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, declare Sunday, April 22, 1990, as "Earth Day 1990" in support of the decade of the environment and encourage public and individual participation in appropriate activities.
Be it further resolved that a copy of this resolution be forwarded to the President of the South Carolina Wildlife Federation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1431 -- Senators Fielding, Waddell, Matthews, Martschink, Lourie, Passailaigue, Gilbert, Patterson, McLeod, Land, Leventis, Macaulay, Hinds, Long, Mitchell, Pope, Setzler, Bryan, Shealy, Courson and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO TAKE WHATEVER ACTION MAY BE NECESSARY TO NAME THE VETERANS ADMINISTRATION HOSPITAL IN CHARLESTON IN HONOR OF THE LATE RALPH H. JOHNSON OF CHARLESTON COUNTY, A GREAT SOUTH CAROLINIAN AND AMERICAN AND RECIPIENT OF THE CONGRESSIONAL MEDAL OF HONOR WHO GAVE HIS LIFE IN THE CAUSE OF FREEDOM WHILE IN THE SERVICE OF HIS COUNTRY IN VIETNAM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4885 -- Reps. T.M. Burriss and Altman: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGOTIATION OF A CONSTRUCTION CONTRACT AFTER UNSUCCESSFUL COMPETITIVE SEALED BIDDING, SO AS TO AUTHORIZE NEGOTIATION WHEN THE BIDS RECEIVED EXCEED AVAILABLE FUNDS BY LESS THAN FIFTEEN PERCENT.
Referred to Committee on Judiciary.
H. 4886 -- Rep. Hayes: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-2-109, 62-2-207, 62-2-301, 62-2-302, 62-2-402, 62-2-801, 62-3-108, 62-3-203, 62-3-301, 62-3-603, 62-3-605, 62-3-704, 62-3-706, 62-3-715, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-904, 62-3-914, 62-3-1001, 62-3-1003, 62-3-1201, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-5-103, 62-5-433, 62-6-104, 62-7-302, 62-7-603, ALL AS AMENDED, AND SECTIONS 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-206, 62-2-401, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-3-106, 62-3-109, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-610, 62-3-705, 62-3-707, 62-3-719, 62-3-911, 62-3-916, 62-3-1002, 62-3-1005, 62-3-1006, 62-3-1202, 62-3-1203, 62-3-1204, 62-4-205, 62-5-101, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-501, 62-5-503, 62-7-201, 62-7-204, 62-7-205, 62-7-408, 15-51-20, 20-1-80, 34-11-10, 34-11-130, AND 34-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROBATE CODE AND OTHER RELATED PROVISIONS OF LAW, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE AND TO CONFORM RELATED PROVISIONS OR MAKE THEM SUBJECT TO THE REVISED PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS; TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT; AND TO REPEAL SECTIONS 12-7-2600 AND 12-16-1960 RELATING TO CERTAIN TAX AND ESTATE PROVISIONS.
Referred to Committee on Judiciary.
H. 4887 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO MAKE IT A CRIME TO DESTROY NEGLIGENTLY OR DESECRATE DECEASED HUMAN REMAINS, REMOVE REMAINS FROM BURIAL GROUNDS, OR DEFACE OR REMOVE A GRAVESTONE AND PROVIDE A PENALTY FOR VIOLATION.
Referred to Committee on Judiciary.
H. 4889 -- Reps. Boan and Hodges: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANCASTER COUNTY FAIR ASSOCIATION.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1162 -- Senator Macaulay: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAILY CREEL AND SIZE LIMITS FOR STRIPED BASS (ROCKFISH) AND BLACK BASS ON LAKE MURRAY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO LAKE HARTWELL, LAKE KEOWEE, AND LAKE JOCASSEE AND TO ALLOW THE LIMITS TO BE SET BY EMERGENCY REGULATIONS ON THOSE THREE LAKES.
Referred to Committee on Agriculture and Natural Resources.
S. 1183 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: 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.
S. 1223 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
Referred to Committee on Judiciary.
S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Referred to Committee on Judiciary.
S. 1252 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1328 -- Senator Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.
On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1372 -- Senators Pope, Land and O'Dell: A BILL TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE AN EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO AGRICULTURAL COMMODITIES MARKETING AND TO DELETE THE REFERENCE TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS AS THE ONLY EXEMPTION.
Referred to Committee on Judiciary.
S. 1390 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.
Referred to Committee on Agriculture and Natural Resources.
S. 1391 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
Referred to Committee on Agriculture and Natural Resources.
S. 1404 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS, AND PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES.
Referred to Berkeley County Delegation.
The following was introduced:
H. 4888 -- Reps. Harvin, Sheheen, Corbett, Keegan, Rama and Rudnick: A CONCURRENT RESOLUTION RECOGNIZING THE TWENTY-FIVE YEARS OF SERVICE OF BISHOP ERNEST L. UNTERKOEFLER IN THE CATHOLIC DIOCESE OF CHARLESTON AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 4890 -- Reps. J. Rogers, McEachin, Gentry and D. Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 11, 1990, AT 12:30 P.M., AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE ERNEST A. FINNEY, JR., ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1990, A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JONATHAN Z. MCKOWN, RESIDENT CIRCUIT JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, WHO IS RETIRING EFFECTIVE MAY 7, 1990; AND SUCCESSORS TO THE HONORABLE JAMES A. SPRUILL, JR., FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERMS EXPIRE JUNE 30, 1990.
Be it resolved by the House of Representatives, the Senate concurring:
That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives on April 11, 1990, at 12:30 p.m. for the purpose of electing a successor to the Honorable Ernest A. Finney, Jr., Associate Justice of the South Carolina Supreme Court, whose term expires July 31, 1990; a successor to fill the remainder of the unexpired term of the Honorable Jonathan Z. McKown, Resident Circuit Judge of the Seventh Judicial Circuit, who is retiring effective May 7, 1990; and successors to the Honorable James A. Spruill, Jr., Family Court Judge of the Fourth Judicial Circuit, Seat 3, and the Honorable Thomas B. Barrineau, Jr., Family Court Judge of the Sixth Judicial Circuit, Seat 2, whose terms expire June 30, 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4891 -- Rep. Moss: A CONCURRENT RESOLUTION TO CONGRATULATE BLACKSBURG ELEMENTARY SCHOOL IN CHEROKEE COUNTY UPON BEING RECOGNIZED AS A DEREGULATED SCHOOL UNDER THE TARGET 2000 - SCHOOL REFORM FOR THE NEXT DECADE ACT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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 Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Cole Cooper Corbett Corning Davenport Faber Fair Fant Farr Felder Ferguson 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 Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 27, 1990.
Dave C. Waldrop, Jr. Paul Derrick Larry Gentry Maggie Glover Holly A. Cork Rick Quinn Malloy McEachin C. Lenoir Sturkie Howell Clyborne Dick Elliott Joseph McElveen Tom Limehouse Thomas E. Huff Samuel R. Foster Larry Koon
DOCTOR OF THE DAY
Announcement was made that Dr. Hunter Woodall of Fairfax is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 4801 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT; TO IDENTIFY THE SOURCES OF FUNDS FOR APPROPRIATIONS; TO DISPOSE OF FUNDS APPROPRIATED BY ACT 189 OF 1989; TO AMEND SECTION 48-47-175, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE, SO AS TO REQUIRE THE TAX TO BE REMITTED MONTHLY RATHER THAN QUARTERLY AND TO REQUIRE THE TAX FOR THE MONTH TO BE PAID NO LATER THAN TWENTY INSTEAD OF THIRTY DAYS FOLLOWING THE END OF THE MONTH; AND TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING.
Reps. McLELLAN and McTEER explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Rep. KIRSH proposed the following Amendment No. 1 (Doc. No. 1894b), which was adopted.
Amend the Joint Resolution, as and if amended, Section 1, Page 2, Line 26, by adding an appropriately numbered item to read /of the funds appropriated for "Federal Match for EDA Fund" $75,000 may be used for operating cost of the Division of Local Government. /
Renumber items to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. CORK proposed the following Amendment No. 3 (Doc. No. 1268X), which was tabled.
Amend the Joint Resolution, as and if amended, in SECTION 1, page 4, line 8, by striking item (22) in its entirety.
Amend further on page 1, by inserting immediately after line 44:
/(5) HUGO-Beach Renourishment 3,750,000/.
Renumber items to conform.
Amend totals and title to conform.
Rep. CORK explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. CORBETT spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Barber Blackwell Blanding Boan Brown, J. Chamblee Davenport Fant Felder Ferguson Foster Gentry Gordon Harris, P. Hayes Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keesley Kirsh Klapman Manly Mappus Martin, D. Mattos McCain McEachin McGinnis McLellan McTeer Neilson Nesbitt Nettles Phillips Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Townsend Tucker Waites Waldrop Washington Wells Whipper Wilder Wilkes Williams, D. Williams, J. Winstead
Those who voted in the negative are:
Barfield Baxley Bennett Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cooper Corbett Cork Corning Elliott Farr Glover Hallman Harris, J. Harrison Harvin Harwell Haskins Hendricks Huff Jaskwhich Keegan Keyserling Kinon Koon Lanford Limehouse Littlejohn Martin, L. McAbee McElveen McKay McLeod Moss Quinn Rama Rhoad Rogers, J. Simpson Stoddard Sturkie Taylor Vaughn White Wilkins Wofford Wright
So, the amendment was tabled.
Rep. T. ROGERS proposed the following Amendment No. 5 (Doc. No. 1891b), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, Page 1, beginning on line 38, by striking Item (2) in its entirety and inserting
/(2) State Education Department
Textbooks 9,460,000/
Amend further, Line 41, by striking Item (3) in its entirety and inserting
/(3) Library Books 1,000,000/
Amend further, Line 42, by adding an appropriately numbered paragraph to read /(3.__) The Department of Education must allocate the funds provided herein for library books to school districts on a 50/50 state/local matching basis. Both state funds and local match must be used to purchase science books for school district libraries./
Amend further, beginning on line 43, by striking item (4) in its entirety and inserting
/(4) State Education Department
School Buses 12,000,000/
Amend further, page 2, line 40, opposite /Formula Funding/ by striking /8,310,737/ and inserting /17,050,737/.
Amend further, page 4, line 8, Item (22), by striking the item in its entirety.
Renumber items to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
Rep. BOAN inquired about whether or not the member's remarks were related to the Bond Bill or to the amendment up for consideration.
The member, Rep. T. ROGERS, stated that he was explaining the amendment and would tie the two together.
Rep. T. ROGERS continued speaking.
Rep. HASKINS spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. T. ROGERS demanded the yeas and nays.
Rep. FELDER moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Blanding Koon Simpson Snow Sturkie
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Baxley Boan Brown, H. Brown, J. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Elliott Faber Fant Felder Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, L. Mattos McAbee McBride McCain McEachin McElveen McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Whipper White Wilkes Wilkins Williams, J. Winstead Wofford Wright
So, the House refused to adjourn.
The question then recurred to the motion to table the amendment.
Rep. T. ROGERS demanded and yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 57 to 42.
Rep. J.W. JOHNSON moved to reconsider the vote whereby Amendment No. 5 was tabled.
Rep. McLELLAN moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Barber Baxley Blanding Boan Brown, H. Brown, J. Burch Carnell Cooper Davenport Elliott Fant Foster Gentry Gordon Hallman Harris, J. Harris, P. Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kinon Kirsh Kohn Koon Manly Mappus Martin, L. Mattos McAbee McEachin McElveen McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Rhoad Sheheen Short Simpson Snow Stoddard Sturkie Townsend Waites Williams, J. Winstead
Those who voted in the negative are:
Bailey, J. Barfield Beasley Brown, G. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Corbett Cork Corning Faber Felder Glover Harrison Haskins Hayes Jaskwhich Keegan Lanford Limehouse Littlejohn McBride McCain Moss Quinn Rama Rogers, J. Rogers, T. Rudnick Smith Taylor Tucker Vaughn Waldrop Washington Wells Whipper Wilkes Wilkins Williams, D. Wofford Wright
So, the motion to reconsider was tabled.
Reps. BAXLEY and G. BROWN proposed the following Amendment No. 6 (Doc. No. 1898b), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, Page 3, Line 2, Item (8) opposite /Cutting Edge/ by inserting /$4,900,000/.
Amend further, by inserting a new item on Page 4, Line 9, /Lee County Arts Commission $100,000 /.
Renumber items to conform.
Amend totals and title to conform.
Rep. G. BROWN explained the amendment.
Rep. McEACHIN raised the Point of Order that Amendment No. 6 was out of order as it violated Act 687, which created the Capitol Improvement Fund, and as the amendment was drafted, it did not fall under any of the enumerated items under the Act.
The SPEAKER stated that that Act and a Constitutional Amendment, which it implemented were called the Capitol Improvements and other non-recurring purposes and the purpose in question was for putting a new roof on and he overruled the Point of Order.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 53 to 16.
Reps. BAXLEY and G. BROWN proposed the following Amendment No. 7 (Doc. No. 1899b), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, Page 3, Line 2, Item (8), opposite /Cutting Edge/ by inserting /$4,900,000/.
Amend further, Page 4, Line 9, by inserting a new item /Lee County Arts Commission/ Capital Improvement Opera House $50,000/.
Renumber items to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. J.W. JOHNSON moved to table the amendment, which was agreed to by a division vote of 48 to 17.
Rep. WHITE proposed the following Amendment No. 4 (Doc. No. 1897b), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, Page 3, Line 9, Item (9), opposite /Institution/ by inserting /450,000/.
Amend further, Page 4, after Line 8, by inserting a new item /(23) Land Resources Commission Jasper County Flood Control Project $50,000 /
Renumber items to conform.
Amend totals and title to conform.
Rep. WHITE explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 49 to 24.
Rep. CORK proposed the following Amendment No. 8 (Doc. No. 1267X), which was adopted.
Amend the Joint Resolution, as and if amended, in SECTION 1, page 4, line 8, by striking item (22) in its entirety.
Amend further on page 3 by inserting immediately after line 2:
/(9) HUGO-Beach Renourishment 3,750,000/.
Renumber items to conform.
Amend totals and title to conform.
Rep. CORK explained the amendment.
Rep. KEYSERLING spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Barber Blanding Chamblee Davenport Gentry Gordon Hodges Johnson, J.C. Johnson, J.W. Kirsh Mappus Martin, D. Mattos McCain McEachin McGinnis McLellan Rudnick Sheheen Short Williams, D.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Baker Baxley Beasley Bennett Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cooper Corbett Cork Corning Elliott Foster Glover Hallman Harris, J. Harrison Harvin Haskins Hayes Hendricks Huff Jaskwhich Kay Keegan Keesley Keyserling Kinon Kohn Lanford Limehouse Littlejohn Martin, L. McAbee McKay McLeod McTeer Moss Nesbitt Quinn Rama Rogers, J. Simpson Smith Snow Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells White Wilkes Wilkins Williams, J. Winstead Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. BAXLEY and BEASLEY proposed the following Amendment No. 9 (Doc. No. 1901b), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, Page 4, by inserting after Line (9) Item (23) /Hartsville Flood Control $250,000/.
Amend further, Page 3, Line (3), Item (9), opposite /Hugo Beach Renourishment/ by inserting /$3,500,000/.
Renumber items to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 53 to 9.
Reps. HALLMAN and WINSTEAD proposed the following Amendment No. 10 (Doc. No. 1892b), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, Page 4, Line 9, by adding
/(23) Charleston Mental
Health Center $6,000,000/
Renumber items to conform.
Amend totals and title to conform.
Rep. HALLMAN explained the amendment.
Rep. J.W. JOHNSON moved to table the amendment, which was agreed to.
Section 1, as amended, was adopted.
Section 2 was adopted.
Rep. McLELLAN explained the Joint Resolution.
Rep. McEACHIN raised the Point of Order that Item 7 on page 2 of the Joint Resolution was out of order as it was not in compliance with Act 687.
The SPEAKER then requested that the member give him a Code Section.
Rep. McEACHIN then cited Article 3, Section 36 of the Constitution for the basis of his Point of Order.
The SPEAKER then requested the member to find that section and read it to him.
Rep. McEACHIN was unable to find ample information to support his argument on the Point of Order.
The SPEAKER overruled the Point of Order.
Rep. McLELLAN continued speaking.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Davenport Elliott Faber Fair Fant Farr Ferguson Foster Gentry Gordon Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Smith Snow Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilkins Williams, D. Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Baxley Corbett McEachin
So, having received the necessary two-thirds of those present and voting and no less than three-fifths of the membership of the body, the Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. WINSTEAD moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3997 -- Reps. Limehouse, G. Bailey and Wofford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE SAW MILL BRANCH ROAD PROJECT BEGINNING IN BERKELEY COUNTY AND CONTINUING INTO DORCHESTER COUNTY, UPON ITS COMPLETION, THE BERLIN G. MYERS PARKWAY.
H. 4888 -- Reps. Harvin, Sheheen, Corbett, Keegan, Rama and Rudnick: A CONCURRENT RESOLUTION RECOGNIZING THE TWENTY-FIVE YEARS OF SERVICE OF BISHOP ERNEST L. UNTERKOEFLER IN THE CATHOLIC DIOCESE OF CHARLESTON AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
H. 4891 -- Rep. Moss: A CONCURRENT RESOLUTION TO CONGRATULATE BLACKSBURG ELEMENTARY SCHOOL IN CHEROKEE COUNTY UPON BEING RECOGNIZED AS A DEREGULATED SCHOOL UNDER THE TARGET 2000 - SCHOOL REFORM FOR THE NEXT DECADE ACT.
At 1:50 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.
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