Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Refuge and Strength, our ever-present Help in our time of trouble, look with mercy upon us and hear our earnest petitions for peace. Grant that wars may cease, that hostilities be ended, and that the path of peace and justice be found. May all that divides us be vanished by the power of Your teachings at work within Your people everywhere. Forbid that we should ignore Your way or be indifferent to Your will.
And may we have the assurance of the Psalmist when he wrote: "The Lord will bless His people with peace" (Psalm 29:11b).
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
On motion of Rep. J. BAILEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3448 -- Reps. J. Bailey, Barber, Whipper, D. Martin, R. Young and Gonzales: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE COOPER RIVER BEING CONSTRUCTED AS PART OF THE MARK CLARK EXPRESSWAY IN CHARLESTON AS THE DON N. HOLT BRIDGE.
Whereas, Representative Don N. Holt has served in the House of Representatives since 1975 with integrity and distinction; and
Whereas, throughout his tenure in the House he has represented the citizens of his district to the very best of his ability, always mindful not only of their needs but also of the needs of Charleston County and the State as well; and
Whereas, his training and experience as a successful businessman and insurance consultant has served him well in the public sector while serving as a member of the House Ways and Means Committee and as Chairman of the Charleston County Legislative Delegation; and
Whereas, his colleagues in the General Assembly believe that it would be a fitting tribute to this outstanding South Carolinian if a significant landmark in Charleston County were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request the Department of Highways and Public Transportation to name the bridge over the Cooper River being constructed as part of the Mark Clark Expressway in Charleston as the Don N. Holt Bridge.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3449 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 40-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO REGULATE THE PRACTICE OF FUNERAL SERVICE AND TO REQUIRE CONTINUING EDUCATION FOR LICENSEES, SO AS TO EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENT PERSONS LICENSED TWENTY OR MORE YEARS, TO DELETE SURPLUS LANGUAGE, AND TO EXEMPT ALL LICENSEES FROM THE CONTINUING EDUCATION REQUIREMENT UNTIL THE BOARD OFFERS CORRESPONDENCE CONTINUING EDUCATION COURSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3450 -- Reps. Koon, Hallman, Fulmer, G. Bailey, Sharpe, Sturkie, Klapman, Wilder, Smith, Wilkes, J. Harris, Rhoad, Townsend, Littlejohn, Shirley, Fair, Hendricks, Beatty, Mattos, M.O. Alexander and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-12-35 SO AS TO DEVOLVE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF COUNTY AND MUNICIPAL GOVERNING BODIES IN REGARD TO CABLE TELEVISION UPON THE PUBLIC SERVICE COMMISSION ON JULY 1, 1991, TO PROVIDE THAT THE COMMISSION SHALL REGULATE THE RATES CHARGED BY CABLE TELEVISION COMPANIES IN A CERTAIN MANNER, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3451 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-245 SO AS TO PROVIDE THAT A PERSON SUBDIVIDING REAL PROPERTY INTO FIVE OR MORE LOTS ONTO WHICH RESIDENTIAL HOMES OR COMMERCIAL BUILDINGS MAY BE CONSTRUCTED SHALL MEET CERTAIN REQUIREMENTS RELATING TO THE DRAINAGE OF EXCESS WATER ACCUMULATION BEFORE THESE LOTS MAY BE SOLD TO ANOTHER PERSON, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3452 -- Reps. Rudnick and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-721 SO AS TO PROVIDE THAT A PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND, UPON CONVICTION, MUST BE PUNISHED IN THE DISCRETION OF THE COURT, AND TO ADD THIS FELONY TO THE LIST OF FELONIES CONTAINED IN SECTION 16-1-10 OF THE 1976 CODE.
Referred to Committee on Judiciary.
H. 3453 -- Reps. Rudnick, Wilder and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.
Referred to Committee on Judiciary.
H. 3454 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-386 SO AS TO REQUIRE THAT LICENSE PLATES FOR SCHOOL BUSES MAY NOT CONTAIN MORE THAN THREE DIGITS OR LETTERS, OR COMBINATION OF THREE DIGITS AND LETTERS.
Referred to Committee on Education and Public Works.
H. 3455 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-35 SO AS TO PROVIDE THAT IF A PUBLIC UTILITY OPERATING IN THIS STATE DESIRES TO DISCONNECT THE ELECTRICITY, TELEPHONE, GAS, WATER, OR OTHER SERVICE PROVIDED A CUSTOMER WHILE THAT UTILITY HAS A PROPOSED RATE INCREASE IN EFFECT UNDER BOND, THE CUSTOMER MUST RECEIVE CERTAIN NOTIFICATION BEFORE THE UTILITY DISCONNECTS THE SERVICE, AND TO PROVIDE THAT UPON THIS DISCONNECTION AND UPON THE CUSTOMER'S REQUEST TO BE REINSTATED, NO RECONNECTION FEE MAY BE CHARGED BY THE UTILITY AS LONG AS IT HAS A PROPOSED RATE INCREASE IN EFFECT UNDER BOND.
Referred to Committee on Labor, Commerce and Industry.
H. 3456 -- Rep. Rudnick: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE SURRENDER OF A DRIVER'S LICENSE UPON CONVICTION FOR OFFENSES WHICH REQUIRE AS PART OF THE PUNISHMENT TO BE IMPOSED THE REVOCATION OR SUSPENSION OF THE DRIVER'S LICENSE, SO AS TO EXTEND THE TIME WITHIN WHICH A MAGISTRATE OR CLERK OF COURT HAS TO FORWARD THE DRIVER'S LICENSE AND RELATED MATERIAL TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO PROVIDE THAT THE PENALTY PROVISIONS TO WHICH A MAGISTRATE OR CLERK OF COURT IS SUBJECT TO FOR FAILURE TO FORWARD THE DRIVER'S LICENSE AND RELATED MATERIAL WITHIN THE REQUIRED TIME ONLY APPLY TO INTENTIONAL AS WELL AS WILFUL VIOLATIONS.
Referred to Committee on Judiciary.
H. 3457 -- Reps. Rudnick, McBride and Phillips: A BILL TO AMEND SECTION 16-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTING A FIREARM AT ANY PERSON, SO AS TO REVISE THE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 3458 -- Reps. Rudnick and McBride: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-105 SO AS TO REQUIRE INSURERS TO PAY CLAIMS WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE PROOF OF LOSS, TO PROVIDE CERTAIN EXCEPTIONS TO THIS GENERAL RULE, AND TO PROVIDE THAT INSURERS NOT COMPLYING WITH THE ABOVE PROVISIONS ALSO SHALL PAY THE INSURED INTEREST ON THE BENEFITS DUE AT THE RATE OF EIGHTEEN PERCENT PER ANNUM.
Referred to Committee on Labor, Commerce and Industry.
H. 3459 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-115 SO AS TO REQUIRE CERTAIN PUBLIC NOTICES BEFORE A CONTRACT OR A LISTING AGREEMENT FOR THE SALE OF REAL PROPERTY OWNED BY THE STATE MAY BE EXECUTED.
Referred to Committee on Judiciary.
H. 3460 -- Rep. Rudnick: A BILL TO AMEND SECTIONS 58-3-20, 58-3-30, AND 58-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR THE POPULAR ELECTION OF ONE COMMISSIONER FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND ONE COMMISSIONER FROM THE STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, 58-3-24, AND 58-3-25 RELATING TO THE MERIT SELECTION PANEL AND OTHER SIMILAR MATTERS PERTAINING TO THE ELECTION OF PERSONS TO THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Judiciary.
H. 3461 -- Reps. Rudnick, McBride and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-13-50 SO AS TO REQUIRE ALIENS AND AGENTS OR SERVANTS OF ALIENS WHO OWN REAL PROPERTY FOR THE BENEFIT OF ALIENS TO FILE A REPORT OF REAL PROPERTY OWNERSHIP WITH THE SECRETARY OF STATE AND TO PROVIDE FOR A PENALTY.
Referred to Committee on Judiciary.
H. 3462 -- Rep. Rudnick: A BILL TO AMEND SECTION 56-5-2715, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOP SIGNS AND REQUIRED STOPS AT DANGEROUS RAILROAD CROSSINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITH RESPECT TO STATE HIGHWAYS AND COUNTIES AND MUNICIPALITIES WITH RESPECT TO HIGHWAYS WITHIN THEIR JURISDICTION SHALL PLACE WHITE LINES ACROSS THE LANES APPROACHING THESE DANGEROUS CROSSINGS AND TO PROVIDE THAT AT THOSE HIGHWAY AND RAILROAD GRADE CROSSINGS LOCATED WITHIN ONE-HALF MILE OF A CHURCH OR SCHOOL, THE RAILROAD COMPANY OPERATING THE RAILROAD SHALL PLACE AND MAINTAIN AN ILLUMINATED FLASHING RED SIGNAL ON THE HIGHWAY ON EACH SIDE OF THE CROSSING.
Referred to Committee on Education and Public Works.
H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.
Without reference.
H. 3464 -- Rep. Tucker: A BILL TO AMEND SECTION 56-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES REQUIRED FOR ISSUANCE OF DEALER'S LICENSE, SO AS TO DELETE THE PROVISION REQUIRING A REASONABLE AREA TO DISPLAY MOTOR VEHICLES.
Referred to Committee on Labor, Commerce and Industry.
H. 3465 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES.
Referred to Committee on Education and Public Works.
H. 3466 -- Rep. Altman: A BILL TO AMEND SECTION 30-5-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DERIVATION CLAUSES OF DEEDS AND MORTGAGES, SO AS TO PROVIDE THAT A DERIVATION CLAUSE ALSO IS NOT REQUIRED ON A DEED OR MORTGAGE OF PROPERTY DEVOTED TO A HIGHWAY PURPOSE AND TO MAKE GRAMMATICAL CHANGES.
Referred to Committee on Judiciary.
H. 3467 -- Rep. Clyborne: A BILL TO AMEND TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-5-85 SO AS TO REQUIRE WORKERS' COMPENSATION INSURANCE CARRIERS TO MAINTAIN AND STAFF A CLAIMS OFFICE IN THIS STATE OR TO DESIGNATE AN INDEPENDENT CLAIMS FACILITY AND TO REQUIRE AN EMPLOYER TO MAKE THIS INFORMATION AVAILABLE TO EMPLOYEES.
Referred to Committee on Labor, Commerce and Industry.
S. 165 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.
Referred to Committee on Labor, Commerce and Industry.
S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
Referred to Committee on Judiciary.
S. 547 -- Senator Land: A BILL TO DESIGNATE A ROAD IN CLARENDON COUNTY AS W. L. HAMILTON ROAD.
Referred to the Clarendon Delegation.
On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 3468 -- Reps. Sheheen, Wilkins and Harwell: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 27, 1991.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable George T. Gregory, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, February 27, 1991.
Be it further resolved that a copy of this resolution be delivered to Chief Justice Gregory.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WAITES, with unanimous consent, the following was taken up for immediate consideration:
H. 3469 -- Reps. Waites, Foster, Whipper, Keyserling, Rogers, Mattos, Sheheen, J. Bailey, Hodges, Boan, Rudnick, Manly, Glover, Kirsh, Kempe, Beatty, J. Brown and Meacham: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 13, 1991, AS "TEENAGE PREGNANCY PREVENTION AWARENESS DAY".
Whereas, teenage pregnancy has significant consequences on the health, economic, and educational future for teenagers and the people of South Carolina; and
Whereas, teenage parents often are unable to complete their education, which leads to unemployment, underemployment, and dependence on public welfare; and
Whereas, the cycle of poverty can be perpetuated from generation to generation; and
Whereas, the major responsibility of parenting alters a generation of young women and renders them the primary caretakers of families; and
Whereas, teenage mothers often seek late prenatal care, frequently suffering higher than average levels of toxemia, anemia, cervical trauma, premature delivery, and low birthweight babies; and
Whereas, the purpose of the South Carolina Teenage Pregnancy Prevention Local Councils is to advocate and support programs and strategies that prevent teenage pregnancy and decrease the problems associated with teenage pregnancy in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly declare Wednesday, February 13, 1991, as "Teenage Pregnancy Prevention Awareness Day".
Be it further resolved that a copy of this resolution be forwarded to Joy Perry, Chairman, Public Affairs Committee, Greater Columbia Teenage Pregnancy Prevention Council.
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. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Faber Fair Farr Foster Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McBride McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, February 7.
Thomas E. Huff John G. Felder Dell Baker Mike Jaskwhich John B. Williams Tim Rogers Maggie W. Glover Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the day due to illness in the family.
Rep. COOPER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 5.
Rep. FELDER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 6.
Rep. WAITES moved to adjourn debate upon the following Bill until Tuesday, February 12, which was adopted.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The following Joint Resolution was taken up.
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.
Rep. HARWELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18122.SD), which was tabled.
Amend the joint resolution, as and if amended, by striking Sections 1 and 2 of the resolution and inserting:
/SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended to read:
"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, a Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years, coterminous with that of Governor. The duties and compensation of such the offices shall must be prescribed by law and their compensation shall must not be neither increased nor diminished during the period for which they shall have been elected.
The Superintendent of Education and Commissioner of Agriculture must be appointed by the Governor for terms of four years and until their successors are appointed and qualify. Their terms of office must be coterminous with that of the Governor. Vacancies in these offices must be filled by appointment in the same manner of original appointment for the remainder of the unexpired term. Their duties and compensation must be prescribed by law and their compensation may not be increased or decreased during the period for which they are appointed. The Superintendent of Education and Commissioner of Agriculture serving in office on the effective date of the provisions of this section providing for the appointment by the Governor of the Superintendent of Education and Commissioner of Agriculture continue to serve until their current terms of office expire, at which time their successors must be appointed in the manner provided by this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 7, Article VI of the Constitution of this State be amended so as to delete the Superintendent of Education and the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that they be appointed by the Governor for terms coterminous with that of the Governor?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Rep. HARWELL explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. FARR moved table the amendment, which was agreed to by a division vote of 78 to 26.
Rep. TOWNSEND objected to the Joint Resolution.
Rep. McTEER moved to table the Joint Resolution.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Carnell Chamblee Cooper Cromer Faber Farr Felder Foster Gentry Harris, P. Hayes Johnson, J.W. Kempe Kirsh Martin, D. McAbee McBride McCraw McLeod McTeer Rudnick Scott Shirley Stoddard Townsend Waites Waldrop White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Baker Baxley Beasley Boan Brown, H. Bruce Burch Burriss Cato Clyborne Cole Corbett Cork Corning Derrick Elliott, D. Elliott, L. Fair Fulmer Gonzales Gregory Hallman Harris, J. Harwell Haskins Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Keegan Keesley Keyserling Kinon Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McCain McGinnis Meacham Nettles Phillips Quinn Rama Sharpe Sheheen Smith Snow Sturkie Tucker Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the Joint Resolution.
Reps. FARR, RUDNICK, FOSTER, BEATTY, ROSS, T.C. ALEXANDER and COOPER objected to the Joint Resolution.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, February 12, which was adopted.
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.
The following Bill was taken up.
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.
Reps. CARNELL, McABEE, BOAN, J.W. JOHNSON and FOSTER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11254.DW), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, page 1, lines 19 through 28, and inserting:
SECTION 1. Sub-subitems (c), (g), (h), and (j) of subitem (24) of Act 1377 of 1968, as added by Act 638 of 1988, are respectively amended to read:
"(c) Activity Building (R&E
Relocation) 555,529 452,920
(g) Infirmary Renovation 229,178 371,787
(h) Group Homes Relocation (3)
Group Home Relocation
and Renovations 125,000
(j) Facility Roofing 521,484 481,484"./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3423 be read the third time tomorrow.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3432 -- Rep. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
H. 3177 -- Reps. Cooper and Chamblee: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET BEFORE THE SECRETARY OF STATE MAY ISSUE A CORPORATE CERTIFICATE AND THE EXCEPTIONS TO THESE REQUIREMENTS, SO AS TO PROVIDE ADDITIONAL EXCEPTIONS.
Rep. J. BROWN explained the Bill.
H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.
Rep. RAMA explained the Bill.
H. 3442 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1346, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RAMA explained the Joint Resolution.
On motion of Rep. ROGERS, with unanimous consent, it was ordered that H. 3432 be read the third time tomorrow.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that H. 3177 be read the third time tomorrow.
On motion of Rep. RAMA, with unanimous consent, it was ordered that H. 3205 be read the third time tomorrow.
On motion of Rep. RAMA, with unanimous consent, it was ordered that H. 3442 be read the third time tomorrow.
The following Bill was taken up.
H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Corning, Hayes, Hodges, Sheheen, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Rep. McABEE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3011 -- Reps. Kirsh and Whipper: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.
Rep. WRIGHT explained the Bill and moved to adjourn debate upon the Bill until Tuesday, February 12, which was adopted.
The following Bill was taken up.
H. 3051 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING, AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11239.DW), which was adopted.
Amend the bill, as and if amended, in Section 5-37-20(2) of the 1976 Code, as contained in SECTION 1, page 1, line 42, by inserting after /corporation./ /However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities./ so that when amended Section 5-37-20(2) shall read:
"(2) 'Improvements' include open or covered malls, parkways, parks and playgrounds, pedestrian facilities, parking facilities, parking garages and underground parking facilities, and facade redevelopment, the relocation, construction, widening, and dredging of channels, canals, and waterways used for recreational purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities./
Amend title to conform.
Rep. J. BROWN explained the amendment.
The amendment was then adopted.
Rep. J. BROWN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3064 -- Reps. P. Harris, Carnell, J. Harris, Corning and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Corning and Mattos: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7185.BD).
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1 and line 19, and inserting:
/SECTION 1. Section 44-9-30 of the 1976 Code is amended to read:
"Section 44-9-30. (A)(1) There is hereby created the governing board for the State Department of Mental Health which shall be known as the South Carolina Mental Health Commission. The commission shall consist consists of seven members to be appointed by the Governor, upon the advice and consent of the Senate, as follows:
(a) one member from each of the six congressional districts;
(b) one member from the State at large.
(2) The Governor shall consider consumer and family representation when appointing members.
(B) The members of the Commission shall serve for terms of five years and until their successors are appointed and qualify. The terms shall be so designated that the terms of no more than two members shall may expire in any one year. The Governor shall have the power to may remove any a member of the Commission from office for cause. Any A vacancy shall must be filled by the Governor for the unexpired portion of the term.
(C) The commission shall determine policies and adopt necessary rules and promulgate regulations governing the operation of the State department of Mental Health and the employment of professional and staff personnel.
(D) The members of the Commission shall receive such the same subsistence, mileage, and per diem as may be provided by law for members of state boards, committees or, and commissions."/
Amend title to conform.
Rep. WOFFORD explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.
Rep. CARNELL made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3043 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5301.HC).
Amend the bill, as and if amended, by adding at the end of Section 12-7-1710, as contained in Section 1, page 2:
/The commission may impose a penalty in an amount not to exceed two hundred dollars for each failure to comply with the provisions of this section. The commission may waive the penalty if the tax preparer submits the required information./
so that, when amended, Section 12-7-1710 reads:
/Section 12-7-1710. A person who is an income tax return preparer as defined in Section 7701(a)(36) of the Internal Revenue Code of 1986 and who performs the same service with respect to South Carolina income tax returns or claims for refund shall include with his signature on the South Carolina return or claim for refund his taxpayer identification number as prescribed by Section 6109 of the Internal Revenue Code of 1986 and applicable regulations.
The commission may impose a penalty in an amount not to exceed two hundred dollars for each failure to comply with the provisions of this section. The commission may waive the penalty if the tax preparer submits the required information./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WILKES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3443 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE
INSURANCE DEPARTMENT, RELATING TO MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1257, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BAILEY explained the Joint Resolution.
Rep. CORNING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. BAXLEY moved that the House recur to the morning hour, which was agreed to.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments,
Reps. Lanford, McBride, Scott, Vaughn, Cooper and Littlejohn for the minority, submitted an unfavorable report, on:
H. 3189 -- Reps. Keyserling, Manly and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135 SO AS TO MAKE IT A CRIME FOR A PERSON TO PREVENT A PERSON FROM ENTERING OR EXITING A MEDICAL FACILITY AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3470 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO ADD THE MONDAY AFTER EASTER SUNDAY AS A LEGAL HOLIDAY.
Referred to Committee on Ways and Means.
H. 3471 -- Reps. T.C. Alexander, Cork, Keyserling, Manly, Marchbanks and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 44 SO AS TO PROVIDE FOR THE PROTECTION AGAINST POLLUTION FROM LITTER BY REGULATING THE USE OF CERTAIN BEVERAGE CONTAINERS AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3472 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURES OF PROPERTY ARISING FROM CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO DELETE THE SEPARATE MINIMUM AMOUNTS OF CONTROLLED SUBSTANCES WHICH MUST BE INVOLVED IN THE OFFENSE TO GIVE RISE TO THE FORFEITURE OF TRAILERS, AIRCRAFT, MOTOR VEHICLES, AND WATERGOING VEHICLES.
Referred to Committee on Judiciary.
H. 3473 -- Rep. Koon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE BROILER HOUSES WITHIN THE EXEMPTION FOR FARM EQUIPMENT.
Referred to Committee on Ways and Means.
H. 3474 -- Reps. Meacham, Rama, Fulmer, Keegan, G. Bailey, D. Elliott, A. Young, H. Brown, Vaughn, Wells, Cooper, Jaskwhich, Wofford, Haskins and McKay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF A MOTOR VEHICLE IF THE OWNER OF RECORD IS CONVICTED OF SECTION 56-5-750 (INCREASING SPEED TO AVOID A LAW ENFORCEMENT VEHICLE) AND TO PROVIDE PROCEDURES FOR THE FORFEITURE.
Referred to Committee on Judiciary.
The following Joint Resolution was taken up.
H. 3444 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO DATES FOR PAYMENT OF ANNUAL LICENSE FEES FOR INSURANCE AGENTS, BROKERS, ADJUSTERS, AGENCIES, AND MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUFF made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3445 -- Reps. Baxley, Beasley, J. Harris, Kinon and Harwell: A JOINT RESOLUTION REQUIRING A SPECIAL ELECTION TO BE CONDUCTED ON TUESDAY, MARCH 26, 1991, TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES, DISTRICT 54, IN MARLBORO COUNTY.
S. 496 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 389 OF 1955, AS AMENDED, RELATING TO THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT IN ANDERSON AND GREENVILLE COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO OWN AND OPERATE RECREATIONAL FACILITIES AND TO LIMIT THE EXPENDITURE OF TAX REVENUES OF THE DISTRICT WITH RESPECT TO RECREATIONAL NEEDS.
On motion of Rep. BAXLEY, with unanimous consent, it was ordered that H. 3445 be read the third time tomorrow.
On motion of Rep. BAKER, with unanimous consent, it was ordered that S. 496 be read the third time tomorrow.
Reps. CARNELL and RUDNICK withdrew their objections to the following Bill whereupon objections were raised by Reps. WILKINS and HUFF.
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.
Reps. SHIRLEY and McABEE withdrew their objections to the following Bill whereupon objections were raised by Reps. JASKWHICH, CATO and D. WILLIAMS.
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. D. WILLIAMS withdrew his objection to the following Bill whereupon an objection was raised by Rep. SHARPE.
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.
On motion of Rep. L. MARTIN, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs.
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
The following Joint Resolution was taken up.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:
"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place shall convene at the state capitol in the City of Columbia on the second Tuesday of February of each year. Provided, That the The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should If the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 9, Article III of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall commence on the second Tuesday in February and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. CARNELL moved to adjourn debate upon the Joint Resolution.
Rep. WILKINS moved to table the motion, which was agreed to by a division vote of 73 to 18.
Rep. CARNELL spoke against the Joint Resolution.
Rep. WILKINS spoke in favor of the Joint Resolution.
Rep. CARNELL moved to adjourn debate upon the Joint Resolution until consideration of H. 3128.
Rep. ROGERS moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until consideration of H. 3128, which was rejected by a division vote of 37 to 64.
Reps. HENDRICKS and G. BROWN spoke against the Joint Resolution.
The question then recurred to the passage of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Beasley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Cato Cole Corbett Cork Cromer Derrick Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harvin Harwell Haskins Hayes Hodges Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Klapman Koon Lanford Manly Marchbanks Martin, L. Mattos McCain McElveen McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rogers Ross Scott Sheheen Short Smith Sturkie Vaughn Waites Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, G. Bailey, K. Baker Baxley Brown, G. Brown, J. Carnell Chamblee Cooper Faber Foster Glover Harris, P. Hendricks Holt Kirsh Littlejohn Martin, D. McAbee McBride McCraw McGinnis McLeod Rudnick Sharpe Shirley Snow Townsend Tucker Waldrop White Wilkes
So, the Joint Resolution, having received the necessary two-thirds vote, by the ruling of the Chair, was passed.
Rep. CARNELL inquired of the Chair if 79.4 votes constituted two-thirds.
The SPEAKER stated that you could not literally have 79.325 votes so it had to be rounded off to whole figures.
Rep. McLEOD then inquired of the Chair if the rule said that you had to have at least two-thirds. He further stated that there were not at least two-thirds votes.
The SPEAKER stated, citing Article 16, Section 1, of the Constitution, that if it was agreed to by two-thirds of the members elected to each House, then the amendment or amendments must be entered on the Journal respectively with the yeas and nays taken on it and must be submitted to the qualified electors of the State in the next general election for representatives.
Rep. BAXLEY then raised a Point of Order that the Constitutional Provision being cited said two-thirds of the members elected to the House, therefore, those members who are elected, but suspended, must be computed in the tally for achieving the two-thirds because they are elected. He further stated that it did not say that they must be seated in the Chamber and eligible to vote.
The SPEAKER stated that that Point had never been ruled on before since the House had not had suspended members in this matter and he overruled the Point of Order. He further stated that only those members who are actually eligible to vote should be counted in the total and that the Rules required him to suspend their ability to vote and that the Constitution would not be interpreted the way the member had raised it.
Rep. HOLT then inquired about reconsidering the vote since he had voted on the prevailing side.
The SPEAKER stated that, at this point, he had not voted on the prevailing side, since at this point, the prevailing side was with the 79 votes.
Rep. WILKES then raised a Point of Order that since two-thirds would be 79.325 and there were only 79 votes, then that would not be two-thirds. He further stated that if you divided 119 by 79 then you would have .664 and that was not two-thirds and that .667 was two-thirds.
Rep. J. BROWN stated that he had the same calculations.
Rep. HASKINS then raised a Point of Order, citing Mason's, Section 511, stating that where a constitution, charter, or controlling provision of law requires a majority vote of the entire membership or of all members present or of any other or proportion to take a particular action, then that vote must be obtained and a vote of less than that number, although a majority, is not sufficient. He further stated that the necessary number had been said to be 79.325 and that the vote of 79 would be a vote of less than that number.
Rep. P. HARRIS then inquired of the Chair if it had been said that it would take 80 votes.
The SPEAKER stated that if it had been 80, then at this point, he had recalculated and rounded it down.
Rep. WILKINS then inquired about making a motion to reconsider the vote.
The SPEAKER stated that until he ruled, they did not know who the prevailing side would be.
Rep. WILKINS then inquired of the Chair a ruling.
The SPEAKER sustained Rep. WILKES Point of Order and stated that you would have to round the number up, rather than down and that it would take 80 votes. He further stated that this was not based on Mason's, but on the Constitutional Provision and the South Carolina Constitution.
Rep. BAXLEY then inquired of the Chair, that since the Resolution had failed the first time to receive the necessary two-thirds, then would this matter have not been twice negatived.
The SPEAKER stated that applied to each reading.
Rep. HOLT moved to reconsider the vote whereby the Joint Resolution failed to receive the necessary vote and was thereby rejected.
Rep. CARNELL moved to table the motion.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, G. Brown, J. Carnell Chamblee Cooper Faber Foster Glover Harris, P. Hendricks Kirsh McAbee McBride McCraw McGinnis McLeod Rudnick Shirley Snow Townsend Tucker Waldrop White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Cato Clyborne Cole Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, J. Harwell Haskins Hayes Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McCain McElveen McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rogers Ross Scott Sheheen Short Smith Sturkie Vaughn Waites Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. KLAPMAN demanded the yeas and nays, which were not ordered.
The motion to reconsider was then agreed to.
The question then recurred to the passage of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Cato Clyborne Cole Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harwell Haskins Hayes Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McCain McElveen McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rogers Ross Scott Sheheen Short Smith Sturkie Vaughn Waites Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Baker Baxley Brown, G. Brown, J. Carnell Chamblee Cooper Faber Foster Harris, P. Harvin Hendricks Kinon Kirsh McAbee McBride McCraw McGinnis McLeod Rudnick Sharpe Shirley Snow Townsend Tucker Waldrop White Wilkes
So, the Joint Resolution, having received the necessary two-thirds vote, was passed on third reading, and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
If I had been present, I would have voted in favor of H. 3128.
Rep. RHOAD
Rep. WILKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3469 -- Reps. Waites, Foster, Whipper, Keyserling, Rogers, Mattos, Sheheen, J. Bailey, Hodges, Boan, Rudnick, Manly, Glover, Kirsh, Kempe, Beatty, J. Brown and Meacham: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 13, 1991, AS "TEENAGE PREGNANCY PREVENTION AWARENESS DAY".
At 11:45 A.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.
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