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:
Look with Your favor, good Lord, upon our prayer which we reverently offer as we use the words of the hymn writer when he wrote:
"God bless our native land;
Firm may it ever stand
Through storm and night.
When the wild tempests rave,
Ruler of wind and wave,
Do Thou our Country save
By Thy great might". - (Charles T. Brooks)
Nor can we neglect to pray for those in the armed forces of our Country, both overseas as well as those within our own borders. Undergird them with the assurance of Your presence; also those families left behind in their loneliness and in their fear of the uncertain.
O God of peace and righteousness, hear our prayer. 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.
TO: The Honorable Maggie Wallace Glover
FROM: Robert J. Sheheen, Speaker
SUBJECT: Committee Assignment
DATE: February 5, 1991
It is with pleasure that I am today appointing you to serve on the Education and Public Works Committee. I am, therefore, removing you from the Agriculture Committee.
I deeply appreciate your time and efforts in serving on this committee.
Received as information.
The following was taken up for immediate consideration and accepted.
TO: Representative Sam Foster, Chairman
House Invitations Committee
THRU: LaNelle C. DuRant, Deputy Director
South Carolina Developmental Disabilities Council
Office of the Governor
FROM: Gabriella Robinson, Planner II
South Carolina Developmental Disabilities Council
Office of the Governor
RE: Legislative Awareness Activity
DATE: January 29, 1991
The members of the South Carolina Developmental Disabilities Council, Office of the Governor will sponsor a Legislative Awareness Activity on Wednesday, February 20, 1991 from 9:00 A.M. until 3:00 P.M. in the First Floor Lobby of the State House.
The Legislative Awareness Activity is an annual event which informs the legislators of the needs of persons with developmental disabilities. Persons who have a developmental disability, their families and local agencies have also been invited to participate in the event. Please include this event in the Calendar of the House. I will send the invitations for the legislators to your office at a later date. If you need further information, I may be reached at 734-0382.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3417 -- Reps. Glover, Scott, White, Whipper, D. Martin, Beatty, K. Bailey and Neilson: A BILL TO PROVIDE FOR THE "PARENTAL RESPONSIBILITIES ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-130 SO AS TO PROVIDE FOR PARENTAL INVOLVEMENT IN THEIR CHILDRENS' EDUCATION, PROVIDE FOR ASSISTANCE TO AT-RISK CHILDREN, AND DEFINE PARENTAL RESPONSIBILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 59-26-80 SO AS TO PROVIDE FOR THE DEPARTMENT OF EDUCATION TO DEVELOP OR SELECT IN-SERVICE TRAINING PROGRAMS FOR WORK WITH AT-RISK YOUTH AND THEIR PARENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-26-90 SO AS TO REQUIRE REGULATIONS TO PROVIDE FOR THE PRIMARY EMPLOYMENT OF SCHOOL GUIDANCE COUNSELORS; TO AMEND SECTION 20-7-20, RELATING TO THE ESTABLISHMENT OF A CHILDREN'S POLICY, SO AS TO PROVIDE FOR THE STATE'S INTEREST IN ENSURING THAT CHILDREN RECEIVE AN EDUCATION AND FOR STATE AND COUNTY OFFICIALS' JURISDICTIONAL AUTHORITY; TO AMEND SECTION 43-5-550, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT SERVICES DELIVERY SYSTEM AND BUSINESS AND INDUSTRIAL ADVISORY COMMITTEE, SO AS TO PROVIDE THE REQUIRED COMPONENTS FOR AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS WITH EMPLOYMENT PLANS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE ADOPTION OF PROGRAM APPROVAL STANDARDS THAT INCLUDE TRAINING IN WORKING WITH AT-RISK YOUTH AND THEIR PARENTS; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO DELETE THE APPLICATION OF THE SECTION TO A PARENT OR GUARDIAN WHO REFUSES TO MAKE HIS CHILD OR WARD ATTEND SCHOOL; TO AMEND SECTION 59-65-50, RELATING TO REPORTS OF SCHOOL NONATTENDANCE TO A COURT, SO AS TO PROVIDE FOR NOTIFICATION TO PARENTS AND GUARDIANS OF THE CONSEQUENCES FOR NONATTENDANCE, REVISE THE REPORTING REQUIREMENTS FOR UNLAWFUL ABSENCES, PROVIDE FOR THE REQUIREMENTS WHEN A CHILD EXHIBITING TRUANT BEHAVIOR IS TRANSFERRED TO ANOTHER SCHOOL DISTRICT, AND PROVIDE THE SCHOOL BOARD OF TRUSTEES' REQUIREMENTS; TO AMEND SECTION 59-65-60, RELATING TO THE PROCEDURE WHEN A COURT RECEIVES A REPORT OF SCHOOL NONATTENDANCE, SO AS TO REQUIRE INSTEAD OF AUTHORIZE THE APPEARANCE OF THE RESPONSIBLE PARENT OR GUARDIAN, AUTHORIZE THE COURT TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES OR THE DEPARTMENT OF YOUTH SERVICES TO CONDUCT AN INVESTIGATION AND MAKE RECOMMENDATIONS, REQUIRE INSTEAD OF AUTHORIZE THE COURT AFTER HEARING TO ORDER A CHILD TO ATTEND SCHOOL UPON FORTY-EIGHT HOURS INSTEAD OF TEN DAYS NOTICE, REVISE THE PENALTY WHEN A PARENT OR GUARDIAN FAILS TO COMPLY WITH THE ORDER, PROVIDE THE CIRCUMSTANCES UNDER WHICH A PARENT OR GUARDIAN IS EXCUSED FROM THE MONETARY PENALTY, PROVIDE FOR THE REQUIREMENTS OF THE ATTENDANCE HEARING WHEN A MINOR IS FOUND TO BE A HABITUAL OR CHRONIC TRUANT, AND WHEN THE COURT FINDS THAT THE PARENT OR GUARDIAN HAS NOT MADE A BONA FIDE AND DILIGENT EFFORT TO KEEP THE CHILD IN SCHOOL; AND TO PROVIDE THAT THIS ACT DOES NOT ALTER, AMEND, OR REPEAL THE PROVISIONS OF THE 1976 CODE RELATING TO THE EXCEPTIONS TO COMPULSORY ATTENDANCE LAWS AND HOME SCHOOLING PROGRAMS.
Referred to Committee on Education and Public Works.
H. 3418 -- Reps. Sharpe, Townsend, G. Brown, Jaskwhich, Sturkie, Quinn, Smith, Neilson, Rama, Wilder, Burriss, Corning, Waites, Wofford, Huff, Wright, A. Young, Chamblee, Hallman, Marchbanks, McLeod, Littlejohn, Gonzales, Wells, H. Brown, McAbee, Rhoad, Felder, Houck, D. Elliott, Baxley, Koon, J.C. Johnson, Carnell, Manly, Lanford, Meacham, Derrick, Wilkins, Keegan, McCain, Cork, J. Harris, McTeer, Fair, Shirley, L. Martin, Snow and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 143 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA TUITION PAYMENT PLAN.
Referred to Committee on Ways and Means.
H. 3419 -- Reps. Huff and Hodges: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.
Referred to Committee on Judiciary.
H. 3420 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-831 SO AS TO REQUIRE ADDITIONAL FINANCIAL DISCLOSURE BY PERSONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTEREST, TO REQUIRE THE STATE ETHICS COMMISSION TO PRESCRIBE A FINANCIAL DISCLOSURE FORM FOR FILING THIS ADDITIONAL INFORMATION, AND TO REQUIRE SUCH FILINGS TO BE ACCOMPANIED BY THE REPORTING PERSON'S MOST RECENTLY FILED STATE AND FEDERAL INCOME TAX RETURNS.
Referred to Committee on Judiciary.
H. 3421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES.
Without reference.
H. 3422 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-227 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.
Referred to Committee on Ways and Means.
H. 3423 -- Reps. McAbee, Carnell and Boan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DECREASE AND INCREASE AUTHORIZATIONS FOR FACILITIES OF THE DEPARTMENT OF YOUTH SERVICES.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3424 -- Reps. Cato, A. Young, Fulmer, Cooper, Baker, Jaskwhich, Vaughn, Clyborne, R. Young, Hallman, M.O. Alexander, Cork, McKay, Manly, Haskins, Wright, Littlejohn, Barber, Meacham, Kempe and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY NOT SERVE MORE THAN SIX CONSECUTIVE TERMS, TO PROVIDE EXEMPTIONS FOR MEMBERS PRESENTLY SERVING AND FOR A PERSON WHO SUBMITS A PETITION SIGNED BY TWENTY-FIVE PERCENT OF THE ELECTORS IN THE AREA FROM WHICH THE PERSON IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III, OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE SENATE MAY NOT SERVE MORE THAN THREE CONSECUTIVE TERMS, TO PROVIDE EXEMPTIONS FOR MEMBERS PRESENTLY SERVING AND FOR A PERSON WHO SUBMITS A PETITION SIGNED BY TWENTY-FIVE PERCENT OF THE ELECTORS IN THE AREA FROM WHICH THE PERSON IS ELECTED.
Referred to Committee on Judiciary.
H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3426 -- Rep. Baxley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE BY ADDING SECTION 4, SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.
Referred to Committee on Judiciary.
H. 3427 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-50 SO AS TO PROHIBIT THE HUNTING OF GAME BIRDS OR GAME ANIMALS ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS AND TO PROVIDE A PENALTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3432 -- Rep. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
On motion of Rep. ROGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 559 -- Senators Horace C. Smith, Waddell, Leatherman, Moore and J. Verne Smith: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DECREASE AND INCREASE AUTHORIZATIONS FOR FACILITIES OF THE DEPARTMENT OF YOUTH SERVICES.
Rep. BOAN raised the Point of Order that the Bill was out of order as it violated Article III, Section 15 of the Constitution by not originating in the House of Representatives. He further stated that the Bill was a revenue raising measure and was inappropriately introduced in the Senate.
The SPEAKER sustained the Point of Order and ordered the Bill returned to the Senate.
The following was introduced:
H. 3428 -- Rep. Baxley: A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO DENY PRISONER OF WAR STATUS TO MANUEL NORIEGA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3429 -- Rep. Farr: A CONCURRENT RESOLUTION EXTENDING HEARTIEST CONGRATULATIONS TO MRS. ANNIE BELL STONE OF UNION COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. HENDRICKS moved that when the House adjourns it adjourn to meet at 11:45 A.M. tomorrow, which was agreed to.
The following was introduced:
H. 3430 -- Reps. Foster, Meacham, Hayes, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. YETTA KIRSH OF YORK COUNTY WHO DIED ON MONDAY, JANUARY 21, 1991.
Whereas, the members of the General Assembly were saddened to learn of the death of Mrs. Yetta Kirsh, mother of our beloved colleague, The Honorable Herbert Kirsh, of York County on Monday, January 21, 1991; and
Whereas, Mrs. Kirsh was a familiar face around the Town of Clover; and
Whereas, Yetta Kirsh, along with her late husband, Isadore, worked tirelessly to establish Kirsh Department Store which is one of the oldest establishments in the Town of York; and
Whereas, Mrs. Kirsh instilled into her children the fiscal philosophy that one should always live within one's means; and
Whereas, Mrs. Kirsh will be sorely missed by all with whom she came in contact. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly wish to express their sympathy to the family and friends of Mrs. Yetta Kirsh of York County who died on Monday, January 21, 1991.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3431 -- Reps. Rogers, J. Brown, Burriss, Corning, Cromer, Faber, McBride, Quinn, Scott, Waites and Rudnick: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE ERNIE NUNNERY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, Melvin Ernest (Ernie) Nunnery, a former member of the South Carolina House of Representatives, died on January 27, 1991; and
Whereas, he graduated from the University of South Carolina with a B.A. degree in 1972 and attended graduate school at USC; and
Whereas, he was one of the youngest members ever elected to the House of Representatives and represented Chester and Lancaster counties in the General Assembly from 1974 until 1982; and
Whereas, Ernie was an outstanding legislator and a true friend to the members of the General Assembly; and
Whereas, we were deeply saddened to learn of his death and will miss him greatly; and
Whereas, we want Ernie's family and many friends to know that they are uppermost in our thoughts at this time and have our sincerest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, expresses sorrow at the death of former Representative Ernie Nunnery and extends sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to his mother, Cora N. Nunnery, at Rock Hill, and to his father, Jimmie Ernest Nunnery, at Hilton Head.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 576 -- Senators Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE SUNDAY, FEBRUARY 17, 1991, AS "HONOR OUR ARMED FORCES DAY" IN SOUTH CAROLINA TO HONOR AND SUPPORT THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES STATIONED IN THE MIDDLE EAST, AND TO ENCOURAGE COMMUNITIES IN SOUTH CAROLINA TO PUBLICLY DEMONSTRATE THEIR SUPPORT FOR THE ARMED FORCES ON THAT DAY.
Whereas, many of the members of the Armed Forces have been activated or deployed in the Middle East after the Iraqi invasion of Kuwait on August 2, 1990; and
Whereas, the brave and patriotic service men and women stationed in and around the Middle East have been actively striking back at Saddam Hussein and his aggressor forces since January 16, 1991, in a massive effort to drive the Iraqi military from Kuwait; and
Whereas, it is with heavy hearts but endless support that the American people watch and listen for news of their loved ones; and
Whereas, the people of South Carolina want the Allied Forces and the United States' military to rest assured in the knowledge that we are immensely proud of their work and send our full support and best wishes to them; and
Whereas, we believe the people fighting to keep peace in the world look for news from their homeland to provide them comfort and a sense of pride. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Sunday, February 17, 1991, is designated as "Honor Our Armed Forces Day" in South Carolina.
Be it further resolved that people and communities throughout South Carolina are encouraged to unite and proceed with a formal outward display of their ardent support of the Allied troops through rallies and speeches on Sunday, February 17, 1991.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
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 Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Derrick Elliott, L. Faber Fair Farr Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McBride McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Townsend Tucker Vaughn Waites Waldrop Whipper White Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, February 5.
C. Lenoir Sturkie William S. Houck, Jr. Steve Lanford James Bubba Cromer Rick Quinn Thomas N. Rhoad Joseph McElveen Tim Wilkes Carole C. Wells D. Elliott Jack Gregory Thomas E. Huff John Felder Gene Stoddard Morgan Martin J. Derham Cole Maggie W. Glover
DOCTOR OF THE DAY
Announcement was made that Dr. John Eberly of Taylors is the Doctor of the Day for the General Assembly.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 437 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE PANOLA PRECINCT.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3069 -- Reps. Farr, Haskins, Short, Sheheen, Waites, Wilkins and Rama: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO ALLOW A CERTIFIED POLITICAL PARTY TO HOLD A PRESIDENTIAL PRIMARY ELECTION, AND TO REQUIRE THE STATE COMMITTEE OF THE PARTY TO SET THE DATE AND THE HOURS FOR THE PRESIDENTIAL PRIMARY ELECTION AND THE FILING REQUIREMENTS.
Rep. WILKINS moved to adjourn debate upon the following Joint Resolution until Wednesday, February 6, which was adopted.
H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.
The following Bill was taken up.
H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 31, by Rep. BAXLEY.
Rep. BAXLEY explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9136.DW), which was adopted.
Amend the resolution, as and if amended, Section 1(A)(4), by adding a new subitem at the end to read: /(o) Long Term Care Council/, so that when amended it shall read:
/(4) one representative from each of the following organizations, departments, or agencies to serve at no additional expense to the State:
(a) Health and Human Services Finance Commission;
(b) Department of Social Services;
(c) Department of Mental Retardation;
(d) Department of Vocational Rehabilitation;
(e) the Continuum of Care for Emotionally Disturbed Children;
(f) each of the head injury advocacy organizations;
(g) the Spinal Cord Injury Association;
(h) Developmental Disabilities Council in the office of the Governor;
(i) private service delivery sector;
(j) Employment Security Commission;
(k) Department of Education;
(l) Department of Mental Health;
(m) South Carolina Protection and Advocacy;
(n) consultants knowledgeable in head and/or spinal cord injury.;
(o) Long Term Care Council./
Amend title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
Rep. WILDER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11240.DW), which was adopted.
Amend the report by the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, in Section 1(A)(4)(i), page ii, line 4, by inserting after /sector/ /appointed by the South Carolina Medical Association/.
Amend further in Section 1(A)(4), page ii, lines 9 and 10, by striking subitem (n).
Amend further in Section 1(A)(4)(o), page ii, line 11, by striking /(o)/ and inserting /(n)/ and by striking after /Council/ /./ and inserting /;/.
Amend further in Section 1(A)(4), page ii, by inserting immediately after line 11:
/(o) a consultant knowledgeable in head and/or spinal cord injury appointed by the Medical University of South Carolina;
(p) a consultant knowledgeable in head and/or spinal cord injury appointed by the University of South Carolina School of Medicine./
Amend title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.
H. 3404 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO SOLICITATION OF LIFE INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO MINIMUM RESERVE STANDARDS FOR INDIVIDUAL AND GROUP ACCIDENT AND HEALTH INSURANCE CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1260, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. NEILSON explained the Joint Resolution.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry.
S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
Rep. WILKINS raised the question of a quorum.
A quorum was later present.
Rep. WILKINS moved to adjourn debate upon the following Joint Resolution until Wednesday, February 6, which was adopted.
H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
The following Concurrent Resolution was taken up.
H. 3222 -- Reps. Harvin, McLeod, Littlejohn, McElveen, H. Brown, Quinn, Vaughn and McCraw: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REPEAL A RECREATIONAL BOATING "USER FEE" WHICH RECENTLY WAS ADOPTED.
Rep. HARVIN explained the Concurrent Resolution.
Rep. KLAPMAN moved to adjourn debate upon the Resolution until Thursday, February 7, which was adopted.
The following Concurrent Resolution was taken up.
H. 3223 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR THE CERTIFICATION OF LABORATORY AND RADIOLOGICAL TECHNICIANS.
Rep. Quinn explained the Concurrent Resolution.
Rep. McELVEEN moved to adjourn debate upon the Resolution until Thursday, February 7, which was adopted.
Rep. McELVEEN moved to adjourn debate upon the following Concurrent Resolution until Thursday, February 7, which was adopted.
H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.
Rep. McELVEEN moved to adjourn debate upon the following Concurrent Resolution until Thursday, February 7, which was adopted.
H. 3225 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS FOR PROCEDURES TO BE FOLLOWED BY UTILIZATION REVIEW FIRMS INCLUDING ACCREDITATION, NOTIFICATION REQUIREMENTS, APPEALS PROCEDURES, ACCESSIBILITY OF REVIEW AGENCIES, PERSONNEL QUALIFICATIONS, INFORMATIONAL MATERIAL, CONFIDENTIALITY, AND UTILIZATION REQUIREMENTS.
Rep. McELVEEN moved to adjourn debate upon the following Concurrent Resolution until Thursday, February 7, which was adopted.
H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.
Rep. McELVEEN moved to adjourn debate upon the following Concurrent Resolution until Thursday, February 7, which was adopted.
H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.
The following Concurrent Resolution was taken up.
H. 3047 -- Reps. P. Harris and Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO ABOLISH THE SOCIAL SECURITY EARNINGS LIMITATION.
Whereas, many of our nation's healthy and capable senior citizens are not a part of the country's labor force because to remain active and contributing members of society would penalize their Social Security benefits; and
Whereas, a desire to rejoin the work force is not rewarded but punished at a time when an able-bodied individual could remain active and less dependent on government; and
Whereas, the unfairness of a drastic reduction in Social Security benefits due to a modest amount of earned income must be addressed and corrected by abolishing the earnings penalty. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Congress and the President of the United States are memorialized to abolish the Social Security earnings limitation.
Be it further resolved that a copy of this resolution be forwarded to the President, Vice President, Speaker of the House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3118 -- Reps. Wilkins, Tucker, Huff, Clyborne, Cole, Haskins, Corning and Cato: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.
Whereas, although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and productive value of public debate; and
Whereas, certain actions, although arguably related to one person's free expression, nevertheless raise issues concerning public decency, public peace, and the rights of expression and sacred values of others; and
Whereas, there are symbols of our national soul such as the Washington Monument, the United States Capitol Building, and memorials to our greatest leaders, which are the property of every American and, therefore, are worthy of protection from desecration and dishonor; and
Whereas, the American Flag was most nobly born in the struggle for independence that began with "The Shot Heard 'Round the World" on a bridge in Concord, Massachusetts; and
Whereas, in the War of 1812, the American flag stood boldly against foreign invasion, symbolized the stand of a young and brave nation against the mighty world power of that day, and, in its courageous resilience, inspired our national anthem; and
Whereas, in the Second World War the American flag was the banner that led the American battle against fascist imperialism from the depths of Pearl Harbor to the mountaintop on Iwo Jima and from defeat in North Africa's Kasserine Pass to victory in the streets of Hitler's Germany; and
Whereas, the American flag symbolizes the ideals for which good and decent people fought in Vietnam, often at the expense of their lives or at the cost of cruel condemnation upon their return home; and
Whereas, the American flag symbolizes the sacred values for which loyal Americans risked and often lost their lives in securing civil rights for all Americans, regardless of race, sex, or creed; and
Whereas, the American flag was carried forth to the moon as a banner of goodwill, vision, and triumph on behalf of all mankind; and
Whereas, the American flag to this day is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and
Whereas, it is only fitting that the people should blend their voices in a forceful call for restoration to the Stars and Stripes of a proper station under law and decency. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly memorialize Congress to propose an amendment to the United States Constitution for ratification by the states specifying that Congress and the states may prohibit the physical desecration of the flag of the United States of America.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of this state's congressional delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 501 -- Senators Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.
Whereas, although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and productive value of public debate; and
Whereas, certain actions, although arguably related to one person's free expression, nevertheless raise issues concerning public decency, public peace, and the rights of expression and sacred values of others; and
Whereas, there are symbols of our national soul such as the Washington Monument, the United States Capitol Building, and memorials to our greatest leaders, which are the property of every American and, therefore, are worthy of protection from desecration and dishonor; and
Whereas, the American flag was most nobly born in the struggle for independence that began with "The Shot Heard 'Round the World" on a bridge in Concord, Massachusetts; and
Whereas, in the War of 1812, the American flag stood boldly against foreign invasion, symbolized the stand of a young and brave nation against the mighty world power of that day, and, in its courageous resilience, inspired our national anthem; and
Whereas, in the Second World War the American flag was the banner that led the American battle against fascist imperialism from the depths of Pearl Harbor to the mountaintop on Iwo Jima and from defeat in North Africa's Kasserine Pass to victory in the streets of Hitler's Germany; and
Whereas, the American flag symbolizes the ideals for which good and decent people fought in Vietnam, often at the expense of their lives or at the cost of cruel condemnation upon their return home; and
Whereas, the American flag symbolizes the sacred values for which loyal Americans risked and often lost their lives in securing civil rights for all Americans, regardless of race, creed, or national origin; and
Whereas, the American flag is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and
Whereas, the American flag was carried forth to the moon as a banner of goodwill, vision, and triumph on behalf of all mankind; and
Whereas, the American flag, even now, is the rallying flag for those of the world who would protect its people from the heinous crimes and inhumanity of a despotic ruler and is, for civilized nations, the symbol of resistance to this tyranny and oppression in the Middle East; and
Whereas, it is only fitting that the people should blend their voices in a forceful call for restoration to the Stars and Stripes of a proper station under law and decency. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize Congress to propose an amendment to the United States Constitution for ratification by the states specifying that Congress and the states may prohibit the physical desecration of the flag of the United States of America.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of this state's congressional delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. PHILLIPS.
Rep. CARNELL moved that the House do now adjourn, which was rejected.
The following Bill was taken up.
H. 3128 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Corning, Huff and McElveen: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT A FINAL FORECAST FOR THE NEXT FISCAL YEAR MUST BE MADE ON JANUARY FIFTEENTH RATHER THAN FEBRUARY FIFTEENTH, TO PROVIDE THAT THIS JANUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Rep. CARNELL moved to adjourn debate upon the Bill.
Rep. ROGERS moved to table the motion, which was agreed to.
Rep. ROGERS moved to waive Rule 6.1, which was rejected.
Reps. BOAN, WILKINS, J.W. JOHNSON, BEASLEY, and McABEE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1178.AC), which was adopted.
Amend the bill, as and if amended, SECTION 1, by striking Section 2-1-180 and inserting:
/Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriation Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriation Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses./
Amend further, by striking Section 2 and inserting:
/SECTION 2. Section 11-9-880(A) of the 1976 Code is amended to read:
"(A) The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November first October fifteenth of each year and any subsequent adjustments to the October fifteenth forecast may be downward adjustments only. Adjustments to the forecast must be considered on December first and January first. A final forecast for the next fiscal year must be made on February fifteenth. The February fifteenth forecast may be adjusted downward monthly if the board determines that changing economic conditions have affected the February fifteenth forecast. Prior to Before making or adjusting any a forecast, the board must consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:
(1) a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;
(2) a projection of state revenues on a quarterly basis;
(3) separate discussions of any industry which employs more than twenty percent of the state's total nonagricultural employment and separate projections for these industries."/
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18072.SD), which was tabled.
Amend the bill, as and if amended, in Section 2-1-180 of the 1976 Code by striking /two-thirds vote/ on line 9 of page 2 and inserting /two-thirds vote majority vote/; and by striking /two-thirds vote/ on line 17 of page 2 and inserting /two-thirds vote a majority vote/.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beasley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Cato Clyborne Corbett Cork Corning Fair Foster Fulmer Gentry Gonzales Hallman Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McCain McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Scott Sharpe Sheheen Smith Sturkie Vaughn Waites Wells Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Baker Brown, G. Brown, J. Carnell Chamblee Cooper Cromer Felder Harris, J. Harris, P. Harvin McAbee McCraw McLeod Rudnick Snow Stoddard Waldrop Wilkes
So, the amendment was tabled.
Rep. CARNELL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18071.SD), which was tabled.
Amend the bill, as and if amended, in Section 2-1-180 of the 1976 Code by striking /two-thirds vote/ on line 9 of page 2 and inserting /two-thirds vote majority vote/.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 63 to 15.
Rep. ROGERS moved to waive Rule 6.1, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\1179.JM), which was tabled.
Amend the bill, as and if amended, Section 1, by adding at the end of Section 2-1-180:
/The compensation of the members of the General Assembly must be reduced in proportion to the reduction in the length of the regular annual session effected by this section./
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. J.W. JOHNSON moved to table the amendment, which was agreed to.
Rep. MATTOS 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:
Bailey, K. Baker Baxley Beatty Bennett Carnell Elliott, L. Harris, P. Houck Koon Mattos McAbee McLeod McTeer Rhoad Shirley Sturkie Townsend Waldrop Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Boan Brown, G. Brown, H. Bruce Burriss Cato Chamblee Clyborne Cooper Cork Cromer Derrick Elliott, D. Fair Felder Foster Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harvin Haskins Hayes Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. McCain McCraw McGinnis McKay Meacham Neilson Quinn Rama Rogers Ross Rudnick Scott Sharpe Sheheen Short Smith Snow Stoddard Vaughn Waites Wells Whipper Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Reps. TOWNSEND, CARNELL, HARWELL, SHIRLEY, and SHARPE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5289.HTC), which was rejected.
Amend the bill, as and if amended, in Section 2-1-180, as contained in Section 1, page 2, by adding beginning on line 18:
/Except for the consideration of the annual general appropriations bill, the bond bill, and bills dealing with reapportionment, or on a vote of three-fourths of the members present and voting, the House of Representatives may meet for statewide business only on Tuesday, Wednesday, and Thursday of each week./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. SHEHEEN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, G. Carnell Chamblee Cooper Corning Felder Harris, P. Harwell McAbee Shirley Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baxley Beasley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Cato Clyborne Corbett Cork Cromer Elliott, D. Elliott, L. Fair Foster Fulmer Gentry Gonzales Hallman Harris, J. Harvin Haskins Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.W. Keegan Keesley Kempe Keyserling Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McBride McCain McGinnis McKay McTeer Meacham Neilson Nettles Quinn Rama Rogers Ross Rudnick Scott Sharpe Sheheen Short Smith Snow Tucker Vaughn Waites Wells Whipper Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
So, the amendment was rejected.
Reps. TOWNSEND, CARNELL, HARWELL, SHIRLEY, and SHARPE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5288.HTC), which was ruled out of order.
Amend the bill, as and if amended, in Section 2-1-180, as contained in Section 1, page 2, by adding beginning on line 18:
/Except for the annual general appropriations bill, the bond bill, and bills dealing with reapportionment, no bill or resolution may be set for special order consideration in the House of Representatives except by a vote of two-thirds of the members of the House of Representatives present and voting./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. BEASLEY raised the Point of Order that Amendment No. 5 was out of order as it was not germane to the primary focus of the Bill which dealt with adjournment and the Sine Die date.
Rep. TOWNSEND argued contra the Point in stating that Special Orders consideration of bills had a direct impact on when the House adjourned.
The SPEAKER stated that the Bill dealt with adjournment of the General Assembly and the Sine Die adjournment of the General Assembly and the Amendment attempted to amend a House Rule because the Amendment applied only to the House of Representatives and had no effect on adjournment and he sustained the Point of Order and ruled the Amendment out of order.
Reps. TOWNSEND, CARNELL, HARWELL, SHIRLEY, and SHARPE proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5287.HTC), which was ruled out of order.
Amend the bill, as and if amended, in Section 2-1-180, as contained in Section 1, page 2, by adding beginning on line 18:
/Except for the annual general appropriations bill, the bond bill, and bills dealing with reapportionment, no bill or resolution may be set for special order consideration in the House of Representatives except by a vote of two-thirds of the entire membership of the House of Representatives./
Amend title to conform.
Rep. WILKINS raised the Point of Order that Amendment No. 6 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 8, which was ruled out of order.
Amend to add a section requiring the Senate Finance Committee and House Ways and Means meet jointly to recommend the S.C. Budget and that the House and Senate will consider the Bill at the same time after which time the Conference Committee will be appointed.
Rep. RUDNICK explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 8 was out of order as it was not germane to the Bill.
Rep. RUDNICK argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 9, which was ruled out of order.
Amend to add a new section to read:
that loose leaf note books containing a printing of the state budget be used and that changes be inserted.
Rep. BOAN raised the Point of Order that Amendment No. 9 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Reps. TOWNSEND, CARNELL, HARWELL, and SHIRLEY proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5289.HTC), which was tabled.
Amend the bill, as and if amended, in Section 2-1-180, as contained in Section 1, page 2, by adding beginning on line 18:
/Except for the consideration of the annual general appropriations bill, the bond bill, and bills dealing with reapportionment, or on a vote of two-thirds of the members present and voting, the House of Representatives may meet for statewide business only on Tuesday, Wednesday, and Thursday of each week./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 75 to 32.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 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. Bailey, K. Barber Baxley Beasley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Cato Clyborne Cole Corbett Cork Cromer Derrick Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McBride McCain McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sheheen Short Smith Snow Sturkie Vaughn Waites Wells Whipper Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Baker Brown, G. Brown, J. Carnell Chamblee Cooper Foster Harris, P. Kirsh McAbee McCraw McLeod Shirley Townsend Tucker Waldrop Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. M.O. ALEXANDER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3429 -- Rep. Farr: A CONCURRENT RESOLUTION EXTENDING HEARTIEST CONGRATULATIONS TO MRS. ANNIE BELL STONE OF UNION COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
H. 3430 -- Reps. Foster, Meacham, Hayes, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. YETTA KIRSH OF YORK COUNTY WHO DIED ON MONDAY, JANUARY 21, 1991.
H. 3431 -- Reps. Rogers, J. Brown, Burriss, Corning, Cromer, Faber, McBride, Quinn, Scott, Waites and Rudnick: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE ERNIE NUNNERY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 1:30 P.M. the House in accordance with the motion of Rep. HENDRICKS adjourned to meet at 11:45 A.M. tomorrow.
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