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:
We come again, our Father, to this altar of prayer to invoke Your blessings upon our great Nation in these days of challenge. With grateful hearts, we recall the encouraging events now taking place. Move all Americans to a deeper devotion to tasks unfinished that we may be good enough and sufficiently wise for things yet to come. Quicken our pride in America that even beyond the shining events of the past few days, we may see this Republic not just a heritage but as a trust. Keep us steadfast in our devotion to freedom, our intolerance of evil, our dedication to justice and our pursuit of peace.
We pray in the words of the Psalmist: "Give ear to my prayer, O God; and hide not Yourself from my supplication" (Psalm 55:1). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1345
Promulgated By Department of Health and Environmental Control
Standards For Licensing Nursing Homes; Repeal of 61-14, Minimum Standards For Licensing Of Intermediate Care Facilities
Received By Speaker February 26, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 26, 1991
Document No. 1238
Promulgated By Department of Health and Environmental Control
Health Maintenance Organizations
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and resubmitted February 26, 1991
120 day review expiration date April 16, 1991
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Petroleum Marketers Association for a reception, March 5, 1991, 6:00 P.M. - 8:00 P.M. at the Marriott Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Manufactured Housing Institute of South Carolina for a reception, March 5, 1991, 8:00 P.M. - 10:00 P.M. at the Carolina Plaza Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Association of Public Library Administrators of South Carolina for a luncheon, March 6, 1991, 12:30 P.M. at the Carolina Plaza Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Registered Cosmetologist Association for a drop-in, March 6, 1991, 6:00 P.M. - 8:00 P.M. at the Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Education Legislation Action Network of The S.C. Chapter of the National Association of Social Workers for a reception, March 6, 1991, 8:00 P.M. - 10:00 P.M. at the Marriott Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Carolinas AGC, the Construction Industry Association for a reception, March 12, 1991, 6:00 P.M. - 8:00 P.M. at the Embassy Suites Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Federation of Business and Professional Women for breakfast, March 13, 1991, 7:30 A.M. at the Carolina Plaza Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Electric Cooperatives of South Carolina for Legislative Appreciation Dinner, March 13, 1991, social hour - 6:00 P.M. dinner 7:00 P.M. at the Carolina Plaza Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Chamber (I-85 Business Belt Barbecue) for barbecue, March 19, 1991, 11:00 A.M. to 3:00 P.M. on the South Lawn of the State House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The National Rifle Association for a reception, March 19, 1991 8:00 P.M. - 10:00 P.M. at the Marriott Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Society of Plastics Industry, Inc. for a reception, March 19, 1991, 6:00 P.M. - 8:00 P.M. at the Stadium Place.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Santee Cooper for a luncheon, March 20, 1991, 12:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The South Carolina Medical Association for a reception, March 20, 1991, 6:30 P.M. - 9:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The South Carolina Women Involved in Farm Economics (WIFE) for breakfast, March 21, 1991, 9:00 A.M. - 11:00 A.M. in the main lobby of the State House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina AFL-CIO for a catfish supper, March 26, 1991, 6:00 P.M. - 8:00 P.M. at the S.C. National Guard Armory.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Home Builders Association of S.C. and the S.C. Builders Political Action Committee for annual bird supper, March 26, 1991, cocktails, 7:00 P.M., dinner 7:45 P.M.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Association for Counselling & Development and the S.C. Association for Marital and Family Counselling for a reception, March 27, 1991, 6:00 P.M. - 8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3041 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3176 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FAX MACHINE TO TRANSMIT WITHIN THE STATE UNSOLICITED ADVERTISING MATERIAL, AND TO PROVIDE FOR A CIVIL PENALTY AND INJUNCTIVE RELIEF.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 709 -- Senators Lourie, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CREATE A JOINT LEGISLATIVE COMMITTEE TO COORDINATE STATEWIDE ACTIVITIES IN SUPPORT OF THE ALLIED CAUSE IN THE MIDDLE EAST AND ASSIST RETURNING SOUTH CAROLINA VETERANS OF THE PERSIAN GULF WAR.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.
Referred to Committee on Judiciary.
H. 3608 -- Reps. L. Martin, Rama, Jaskwhich, Houck, Phillips and Marchbanks: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN YEARS TO SEVENTEEN YEARS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO SIXTEEN YEARS.
Referred to Committee on Education and Public Works.
H. 3609 -- Reps. Hodges and Hayes: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT THESE PLATES ONLY MAY BE ISSUED TO PERSONS WHO SELL TEN MOTOR VEHICLES IN A TWELVE-MONTH PERIOD.
Referred to Committee on Education and Public Works.
H. 3610 -- Reps. Cromer, Baxley, Rama, G. Bailey, Haskins, McLeod, Snow, Huff, Harwell, Felder, Vaughn, Harvin, Kirsh, McCraw, Burch, R. Young and Beatty: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR THE EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, SO AS TO REMOVE FROM THIS POINT SYSTEM CERTAIN NONMOVING VIOLATIONS.
Referred to Committee on Education and Public Works.
H. 3611 -- Reps. Huff, Sharpe, Smith and Keesley: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.
Referred to Committee on Ways and Means.
H. 3612 -- Rep. McTeer: A BILL TO PROVIDE FOR THE ELECTION OF A HAMPTON COUNTY VETERANS AFFAIRS OFFICER AND PROVIDE THAT AN ELECTION IS NOT REQUIRED WHEN ONLY ONE QUALIFIED CANDIDATE OFFERS FOR THE OFFICE.
Referred to the Hampton Delegation.
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
Referred to Committee on Labor, Commerce and Industry.
S. 695 -- Senators Waddell, Leatherman, Moore, J. Verne Smith, Thomas and Giese: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.
Rep. McCAIN raised the Point of Order that S. 695 was out of order as it dealt with the authorization of capital improvement bonds and was inappropriately introduced in the Senate.
The SPEAKER sustained the Point of Order and ordered the Bill returned to the Senate.
On motion of Rep. PHILLIPS, with unanimous consent, the following was taken up for immediate consideration:
H. 3614 -- Rep. Phillips: A HOUSE RESOLUTION WELCOMING CAPTAIN JOHN P. PARK TO SOUTH CAROLINA AS THE NEW DIRECTOR OF THE SOUTH CAROLINA AERONAUTICS COMMISSION AND PROVIDING FOR HIS INTRODUCTION IN THE HOUSE CHAMBER.
Whereas, the South Carolina Aeronautics Commission has appointed Captain John P. Park as the new director for the commission; and
Whereas, he is a retiring Navy captain from Burke, Virginia, with more than twenty-eight years of service; and
Whereas, in his former position he served as Deputy Director of Carrier and Air Stations in the United States Navy; and
Whereas, he is a commercial pilot with over seven thousand flight hours in single-engine and multi-engine aircraft, and he earned a B.S. degree in business administration from San Jose State University and an M.S. degree in systems management from the University of Southern California; and
Whereas, he brings outstanding credentials and professional qualifications and experience to his new job as agency director; and
Whereas, we want to welcome him to the State and extend our best wishes for success and happiness in his new position; and
Whereas, it is fitting and proper that he be introduced to the House from behind the rail in the Chamber on Thursday, March 7, 1991.
Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, welcomes Captain John P. Park to South Carolina as the new director of the South Carolina Aeronautics Commission and extends to him best wishes for success and happiness in this new endeavor.
Be it further resolved that he be introduced to the House as provided above.
Be it further resolved that a copy of this resolution be forwarded to Captain Park, as well as to the Aeronautics Commission, in care of Mr. Jim L. Hamilton, Chairman.
The Resolution was adopted.
Rep. SMITH and the Aiken Delegation presented the Silver Bluff High School Football Team, winners of the 1990 State Class AA Football Championship, and their coaches.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Bruce Burch Burriss Carnell Chamblee Cole Cooper Corbett Corning Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gregory Hallman Harris, J. Harwell Haskins Hayes Hendricks Houck Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Kinon Kirsh Klapman Manly Marchbanks Martin, L. Mattos McAbee McCain McCraw McGinnis McKay Meacham Neilson Nettles Phillips Rama Rhoad Ross Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, February 27.
Joe E. Brown Roger M. Young John Tucker Lewis R. Vaughn Harry F. Cato Holly Cork Lanny F. Littlejohn Pat Harris Ken Bailey Howell Clyborne Stephen E. Gonzales Harriet H. Keyserling Irene K. Rudnick Juanita M. White Rick Quinn J.L. Mann Cromer D.N. Holt J.J. Bailey T. Rogers Doug E. McTeer Maggie Glover James H. Hodges E.B. McLeod Joseph McElveen Samuel R. Foster C. Lenoir Sturkie Thomas E. Huff Steve Lanford John Felder
LEAVE OF ABSENCE
The SPEAKER granted Rep. D. MARTIN a leave of absence for the day.
Rep. BOAN 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 26.
Rep. HOUCK signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, February 21.
Announcement was made that Dr. Kenneth W. Smith of Anderson is the Doctor of the Day for the General Assembly.
Rep. L. MARTIN moved that when the House adjourns it adjourn in honor of the late Speaker Emeritus Solomon Blatt's birthday, which was agreed to.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-545 SO AS TO ESTABLISH THE CENTURY FARMS PROGRAM ADMINISTERED BY THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION.
H. 3600 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FORMATION OF SINGLE-MEMBER SCHOOL DISTRICTS IN KERSHAW COUNTY.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.
H. 3507 -- Rep. J. Bailey: A BILL TO REENACT SECTION 38-73-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF UNINSURED MOTORIST PREMIUM; AND TO REPEAL SECTION 56 OF ACT 148 OF 1989 RELATING TO THE REPEAL OF SECTION 38-73-470.
Rep. WALDROP moved to adjourn debate upon the following Joint Resolution until Tuesday, March 5, which was adopted.
S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALDROP moved to adjourn debate upon the following Joint Resolution until Tuesday, March 5, which was adopted.
S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. McCAIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5397.HC).
Amend the bill, as and if amended, page 4, by striking SECTIONS 2, 3, and 4 and inserting:
/SECTION 2. Section 12-36-2120 of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended by adding an appropriately numbered item to read:
"( ) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming, producing, broadcasting, or distributing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming, producing, broadcasting, or distributing motion pictures."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. McCAIN explained the amendment.
Reps. SNOW, KINON, HARWELL, G. BROWN, McLEOD and WAITES spoke against the amendment.
Reps. McCAIN and KEYSERLING spoke in favor of the amendment.
Rep. BEASLEY made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The motion period was dispensed with on motion of Rep. J.W. JOHNSON.
The following Bill was taken up.
H. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Quinn, Corning, Marchbanks, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 21, by Rep. B.L. HENDRICKS.
Rep. B.L. HENDRICKS explained the amendment.
Rep. BRUCE spoke against the amendment.
Rep. KEEGAN spoke in favor of the amendment.
Rep. STURKIE spoke against the amendment.
Rep. HENDRICKS spoke in favor of the amendment.
Rep. BRUCE moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Barber Baxley Beatty Brown, G. Brown, H. Bruce Burch Cato Chamblee Cole Cooper Cork Elliott, L. Fair Farr Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harvin Harwell Haskins Houck Jaskwhich Kirsh Koon Littlejohn Manly Marchbanks McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Sharpe Sheheen Shirley Smith Snow Sturkie Townsend Tucker Vaughn Waldrop Wells Whipper White Wilder Wofford Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Beasley Bennett Brown, J. Burriss Corbett Corning Cromer Elliott, D. Gregory Hayes Hendricks Hodges Holt Huff Johnson, J.W. Keegan Keesley Klapman Martin, L. Martin, M. McElveen Scott Short Stoddard Waites Wilkes Williams, J.
So, the amendment was tabled.
I intended to vote to table but voted incorrectly.
Rep. KEN CORBETT
Rep. J. BAILEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\1251.JM), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 37, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-5450. The provisions of this article do not apply to motor vehicles which are less than three years old."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
Rep. BRUCE moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, K. Beasley Bennett Brown, G. Brown, H. Brown, J. Bruce Burch Cato Chamblee Cole Elliott, L. Fair Farr Glover Gonzales Gregory Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Houck Kinon Kirsh Koon Lanford Marchbanks Martin, M. McAbee McCain McCraw McGinnis McLeod Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Townsend Tucker Vaughn Waldrop Wells Wilder Wilkes Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Bailey, J. Barber Baxley Cork Cromer Holt Huff Johnson, J.W. Keegan Keesley Kempe Manly Martin, L. Meacham Neilson Waites Whipper
So, the amendment was tabled.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of amendments.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
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.
Chief Justice George T. Gregory, Jr. and distinguished party were escorted to the rostrum by Senators Bryan, Lourie, McConnell and Mitchell and Reps. GENTRY, ROSS, BEATTY and McELVEEN.
The President of the Senate introduced the honored guest as follows:
"Members of the Joint Assembly...It gives me a great deal of pleasure to introduce to you once again, our outstanding Chief Justice of the South Carolina Supreme Court, Chief Justice George T. Gregory, Jr."
Chief Justice Gregory addressed the Joint Assembly as follows:
"Thank you very much...Lt. Governor Theodore, PRESIDENT Pro Tempore WILLIAMS, SPEAKER SHEHEEN, Members of the Joint Assembly and friends...It is my privilege to address you for the third time as the Chief Justice of South Carolina. The tradition of the State of the Judiciary Address has become a symbol of the cooperation between our branches of government which has characterized our relationship in recent years. On behalf of the entire Judiciary, we are grateful for your willingness to join with us to provide a stable system of justice for all South Carolinians. We all rejoice of the breaking news with the military success and the war in the Gulf. Like you, with members of the General Assembly serving in the Gulf, we, too, have members of our staff and one of the judges serving there. Judge Larry Patterson, who you recently elected as a Circuit Judge, is one of those serving and one of our staff members, likewise, is there. It is great to recognize the military success of those who have been pursuing victory and the last few minutes have been wonderful. The peace keeping chore, however, and the challenge there may be greater than the military victory itself. My prayers continue with our President and with all of those participating and we hope that our friends and colleagues may be home soon and that peace and order may reign in the Mideast. I'm going to give you briefly some statistics about the various trial courts in our State. First, I will begin with the Circuit Court, the Court of General Sessions, and I will give you caseload statistics. These statistics will be brief, but will lead into some of the remarks that I will say later. During 1990, 100,000 criminal cases were filed in Circuit Court. While this includes many warrants which might be dropped before going to trial, each year brings increases in the number of cases processed. The state's solicitors attribute much of the increase to the prosecution of drug cases. At the end of the year, there were 49, 291 pending cases. More than a third of those failed to meet our goal of disposition within six months. Several years ago, only a fifth of our caseload failed to meet the standard. Next, is the Circuit Court, the Court of Common Pleas. The large increase in criminal cases required a greater share of available court weeks to be assigned to General Sessions Court. With few weeks available for Civil Court, down 6.6 percent in 1990. The number of cases disposed of once again fell short of the number filed. In 1990, 54,649 cases were filed, up from the previous year, and 50, 995 were ended, down 6 percent. Ideally, dispositions would match or exceed filings. The current imbalance resulted in 28,191 cases still awaiting disposition at the end of the year, up 16 percent over 1989. We have never ended the year with a backlog so large. Nearly six percent of our pending caseload has been on the docket longer than a year. Next, we look at the Family Court. For each of the past four years, filings have exceeded dispositions by about 1,000 to 2,000 cases each year. Last year, 83,245 cases were filed and 82,566 cases were ended. The 20,621 cases pending at the end of 1989 is 5 percent larger than last year. Caseload has never been greater in the Family Court. Our goal is for every Family Court matter to be disposed of within six months of filing. During 1990, the share of pending cases aged six months or less dipped to 92 percent after several years at 95 or 96 percent. So, some 8 percent of our cases exceed the six months standard that we have. The Family Court is doing great work and child support enforcement statistics indicate some of the accomplishments. Since 1983, the Family Courts of this State have enforced child support obligations through use of rules to show cause, automatically issued by the Clerks of Court when accounts are in arrears. During fiscal year, 1989-90, the state's Clerks of Court have collected $115 million in support payments. This represents an increase of ten percent over the previous year. Estimated collections for the current fiscal year total over $125 million. A three percent surcharge on these collections, to offset collection costs, will provide the counties with $2.8 million in revenue and the State with nearly $1 million. The Federal Family Support Act of 1988 has imposed additional burdens of reviewing child support awards which may make it impossible for the Family Courts to handle all child support enforcement matters. Beginning last October, the Department of Social Services began a program of reviewing each of its cases to determine whether modification of any child support award would be appropriate. Those cases should be entering the system soon. By October 1993, our Family Courts must automatically review every child support case handled by DSS at least once every three years at the request of either parent. Most importantly, federal regulations will require automatic review potential modifications for every child support case, whether or not handled by DSS, depending upon the outcome of a statistical study now being conducted by the federal office of Child Support Enforcement. As these regulations take effect, and the new modification cases are filed in our Family Courts, we must continue to assess our judicial needs, to determine whether our courts can handle the caseload, or will require assistance through administrative or quasi-judicial review. Briefly now, with respect to the Magistrates and Municipal Courts. Of the nearly one and one-half million cases handled by the state's trial courts during 1990, the 800,000 magistrates courts dispositions represent over 56 percent of the total, and the 395,000 municipal court cases are 28 percent of the total. A large share of the magistrates and municipal courts dispositions are bond forfeitures in traffic cases. These two summary courts cost less than $22 million to operate statewide, yet generate nearly $64 million for their respective counties and municipalities. Next is the Probate Court. During 1990, there were 22,826 filings in the Probate Courts, and increase of 4.6 percent. There were 21,912 dispositions, which was 12.6 percent higher than the previous year. Now, briefly, with respect to the Supreme Court and the Court of Appeals, I tell you that the Supreme Court and the Court of Appeals are both functioning well and in harmony. The Supreme Court continues to be temporarily housed in the Calhoun Building with the Court of Appeals during renovation of the Supreme Court Building. The Appeals docketed increased by 75 to 1,027 in 1990. This is an eight percent increase over 1989. The largest growth area has been the motions practice. In 1990, 3,546 motions were filed in the Supreme Court compared with 2,684 in 1989, a 32 percent increase. Next, I will tell you of a few of the accomplishments in the past year and some of the projects underway. First, I would like to comment on the new Appellate Court Rules. The Supreme Court promulgated new Appellate Court Rules which became effective September 1, 1990. Public hearings were conducted by the Supreme Court prior to submission to the General Assembly and again by the House Judiciary Constitutional Laws Subcommittee after submission. The old disorganized rules covered a wide variety of judicial system procedures. The new rules reorganize that information into a form which is more cohesive and useful to attorneys and the courts. Archaic language was replaced with clearer terminology, and the entire Appellate process has been simplified and streamlined. Next, is the new rules of professional conduct. Also, during the year, the Supreme Court adopted rules of professional conduct which govern the ethical conduct of attorneys in this State. The new rules replaced and improved upon older policies, and brought South Carolina into conformity with most other states' attorney ethic rules. For more than ten years, attorneys have been required to attend at least 12 hours of continuing legal education each year. The Supreme Court created and additional requirement, every three years, each attorney must also attend at least six hours of continuing legal education which relates to legal ethics. I would like to talk briefly about the Court automation project manager. For years, government has used computer technology to control the costs of meeting its responsibilities. Unfortunately, the Judiciary has hardly participated in these opportunities. While we have done extremely well in exercising fiscal restraint, we have failed to automate our offices and we still perform much of our work in inefficient ways. A priority for the Judicial Department must be to expand our computer resources and obtain greater productivity immediately and budget savings in the long run. To that end, the Department has begun a study of the use of computer systems by the various courts. We now have access to staff expertise in this area and are using this resource to assist the department, and local courts as well in making decisions about the modern technologies available to help manage our work. I would like to comment on the Supreme Court Building renovations now. Last July, after nearly 18 months of asbestos removal, work began on the long overdue renovation of the Supreme Court Building. Structural and leaking problems have been corrected and the entire building is getting a facelift. Lost space has been recaptured. The renovation project will provide additional office, library and storage space and a more efficient working arrangement for the Justices and the Clerk of Court. Work is progressing close to schedule and should be complete by August, 1991. We expect to be back in the building for our September term of court. A functional facility will improve the court's ability to better serve the people of South Carolina. The Court expresses its gratitude to you for recognizing and meeting this need. Our report on the state of the Judiciary would not be complete without an update on the activities of the State Grand Jury. This newest component of the criminal justice system has had a significant impact on drug trafficking in South Carolina. It has also had a corresponding impact on the Judicial Department. Since its inception in June, 1989, the State Grand Jury has investigated eight drug trafficking organizations operating in 21 counties. As of December 31, 1990, 175 persons had been indicted for trafficking, the most serious drug charge. Of those, 136 were South Carolinians, and 39 were from out of state. Also, 144 of them were male, 31 were female, 153 caucasian, 16 hispanic and six were black. 108 cases were concluded by December 31, 1990, with 103 found guilty or entering guilty pleas, a 95 percent conviction rate. 18 persons received sentences of 25 years without parole or higher. The average sentence was 12 years and a fine of $19,000. Law enforcement agencies assisting the State Grand Jury seized 77 vehicles, $335,998.28 in currency, 659.33 acres of real property, jewelry and firearms. At year's end, 44 final orders had been entered and 68 civil forfeiture actions were pending. In its 18 months of operation, the State Grand Jury has been in session 49 days. Eight Circuit Judges have spent a total of 81 court days on State Grand Jury matters. The Supreme Court has entered several administrative orders, had concluded two appeals from setting of bonds and has 13 appeals of convictions and four appeals of civil forfeitures pending. I would like now to concentrate on sentencing guidelines. On January 31, 1991, the Legislature received a comprehensive bill dealing with the classification of hundreds of criminal offenses. Additionally, you will receive a package of sentencing recommendations. These two items have been developed for your consideration by the Sentencing Guidelines Commission. I support their recommendations. Sentencing is the one area that directly touches every part of our criminal justice process. The Bill addresses a number of problems in our Criminal Code. Over 600 criminal offenses which carry a maximum term of one year or greater are addressed in this comprehensive legislation. The Bill assembles these offenses into two groups and provides equivalent maximum terms for crimes of comparable seriousness. Six unique classes of felony and three classes of misdemeanor offenses have been created. Each offense class carries a distinct maximum term scaled according to severity. By passing this legislation, you are bringing a sense of unity within different levels of criminal offenses. In the future, as new criminal statutes are considered, the Legislature could place them into a category with other similar crimes thereby ensuring similar offenses will always carry comparable maximum terms. The improvements provided by the classification bill could enhance the planning for criminal justice agencies and spawn new programs targeted for various groups of offenders. Additionally, this Bill draws for the first time, a clear and meaningful distinction between felony and misdemeanor offenses. The classification bill brings a sense of uniformity and equality to our criminal code. I urge you to pass this important piece of legislation this session. In conjunction with the classification bill, I ask the Legislature to adopt by Joint Resolution, regulations on sentencing prepared by the Sentencing Guidelines Commission. The Sentencing Guidelines Commission represents the different components of our criminal justice system. Working together, they have hammered out a tool which will aid in reducing sentencing disparity without overly restricting judicial discretion. The Commission chaired by Justice Harwell and Representative WILKINS developed a process which will help bring a sense of stability to sentencing policy. Their task was to develop recommendations that will help to ensure judicial fairness while maintaining adequate discretion and intelligently using the scarce resources available to our criminal justice system. The Commission's recommendations give the Legislature opportunity to establish advisory guidelines on how certain types of offenders should normally be treated. However, flexibility is also maintained so the Judge may still tailor a sentence to fit unique circumstances. The guidelines provide a recommendation on when to use probation or incarceration and how much. These recommendations provide a uniform starting point for all judges to consider. Guidelines will help to discourage lenient sentences for offenders who commit serious crimes and have long criminal records as well as help reduce lengthy prison terms for relatively minor offenders. Although, sentencing guidelines are advisory, when implemented, these recommendations should help all members of our Judiciary to act collectively in handing down equal sentences for similar crimes. Other states and the federal judicial system now use some form of guidelines. With more judges involved in the sentencing process and more sentencing options to choose from, it is increasingly difficult to maintain similar treatment for similar cases without guidelines. I believe sentencing guidelines will help. As Administrative Head of the Judiciary, I encourage your support for passage this session of sentencing guidelines and the classification bill. If time constraints do not permit full consideration of both, please give priority to the classification bill. All components of the Criminal Justice System will benefit greatly by its adoption this year. Now, I will address the budget needs of the Judiciary. As Administrative Head of the Judicial Department, it is my duty to report to you and to the citizens of South Carolina that the ability of the Judicial branch of government to discharge its constitutional responsibilities is seriously imperiled. The budget process for the Judicial Department is simply not working. Lack of adequate funding for the department may in the last quarter of this fiscal year bring us to the point of a fairly massive shutdown of trial level court in this State. The Judicial Department of South Carolina is not merely another state agency to fund, it is one of the three coordinate branches of government. The genius of the framers of this democracy created a form of government unique to the United States. The people would govern themselves by a system of executive, legislative and judicial branches, each independent of the other, but cooperative with each other. The mission of the legislative is to enact broad, future-oriented laws by which to govern whole segments of the population. The mission of the executive is to develop rules and strategies to implement these laws in the day to day administration of government. It is the role of the Judiciary to apply the law in the unique context of cases brought by citizens and the state in an adversary proceeding. The General Assembly, in response to the complex society in which we now live, has spent the great bulk of its legislative output in recent years in enacting new criminal and civil laws to govern citizen conduct and in creating new progressive programs to enhance the education, health and public safety of our citizens. The Executive Department has expanded dramatically in recent years as state agencies administer new and complex programs relating to the education, health and public safety of our citizenry. Each of the new laws, civil and criminal, which govern our citizens must ultimately be enforced by the judicial branch of government. Put in the most practical terms, citizens cannot be protected, criminals cannot be jailed, illegal pollution cannot be halted, contracts cannot be enforced and unsettled disputes cannot be resolved unless the judicial branch functions. In the present fiscal year, the entire judicial department is funded at $24.2 million. This represents six-tenths of one percent of the General Fund revenues of the State. By way of contrast in the last fiscal year, the General Assembly appropriated $24.8 million in aid to subdivisions for the two largest counties in South Carolina. This state aid to two of the 46 counties is a larger state appropriation than the appropriation for the entire judicial department. Recent United States Justice Department statistical reports indicate that South Carolina ranks last of all the 50 states in percentage of state funds allocated to the judicial department and also ranks dead last in the percentage of state and local funding devoted to the court system. This department has always been frugal and conservative in its approach to funding requests. We will continue to follow this course. However, it is not too much to tell you that the ability of the Court System to function on the most basic level is not imperiled. More and more activity in Circuit Court is now devoted to criminal cases. These matters are required by the United States Constitution to be given priority for trial. The nine additional Circuit Court Judges, who have now been elected to terms which commence July 1, 1991, have been requested by the Judicial Department for the past two years. As we meet here today, it has been twelve years since there has been any increase in judge positions at the trial level in this State. In these twelve years, our trial activity as we noted earlier in these remarks has literally exploded. Increased population, the cancer of drug sale and use in our society, and the complexity of civil litigation are among the many factors which have placed enormous demands on our judicial system. By your affirmative vote last year to create these additional trial level positions, you took a major step toward stabilizing our system of justice for all South Carolinians. The task of funding these positions and restoring the devastating cuts the department has suffered is still before you. Adequate funding of the Judicial Department cannot wait until next year. Nor can the implementation of the nine additional judges wait until next calendar year. Before closing, and with your permission, I wish to introduce our colleagues present today. From the Supreme Court, we have Justices David Harwell, Lee Chandler, Ernest Finney and Jean Toal, from the Court of Appeals, Chief Judge Alex Sanders and Judges Randy Bell, Jasper Cureton, Jack Gardner, Bert Goolsby and Curtis Shaw and retired Chief Justice Bruce Littlejohn is seated with them. All have remained wonderfully encouraging and supportive of me during the three years I have served as Chief Justice. I began my fourth year this morning. Similar encouragement and support has come from all other judges of the unified court system and all staff and department personnel. I publicly express my deep appreciation to them. In closing, I wish to thank the General Assembly for your cooperation and kindness to me personally. We labor together, the General Assembly and the Judicial Branch, for the good of all South Carolinians. As we administer justice, our common goal is fidelity to our shared trust. My faith rests in you and the people of this great State. Thank you very much. I am going to conclude with a few additional remarks. I have an announcement to make. I will retire as Chief Justice no later than December 31 of this year. By then, my judicial career will have extended some 40 years. First, as a municipal judge for over 4 years and beginning in 1956 as a state judge. My deepest appreciation goes to the General Assembly for its trust in granting me the opportunities for the past 35 years. It has been customary that the senior associate justice attain the position of Chief Justice. I make my announcement at this time, so that the General Assembly may this year elect my successor. I will be handing my written letters expressing my desire and intent to retire this year to the appropriate Bodies early next week. I want to thank you so much for electing the judges that you have elected this year. You will have at least eight additional judges to elect this year, four to replace the Family Court Judges who have been elected to the Circuit Court, three Circuit Judges who are retiring and for my replacement as Chief Justice. Perhaps, there will be additional judges. Several are talking to me and we are having an exodus from the trial bench at this time. I have concern for the system and concern for the courts and I ask that you be mindful of that. It is difficult to leave in difficult times. I had never planned to remain as Chief Justice beyond age 70 and I will be 70 in December and at that time, I think it is appropriate that I step aside and others step forward. I trust that you will give to my successor and those who follow the same treatment that you have given to me. Thank you."
Upon the conclusion of his address, Chief Justice Gregory and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:44 P.M. the House resumed, the SPEAKER in the Chair.
Rep. WILDER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3598 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING ANNE WORSHAM RICHARDSON, WORLD-RENOWNED ARTIST AND NATIVE OF TURBEVILLE, CLARENDON COUNTY, UPON HER RECENT INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
H. 3599 -- Reps. Harvin, Baxley, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE ITEM NEWSPAPER AND ITS STAFF ON WINNING THIRTEEN AWARDS FOR NEWSPAPERS AND REPORTING EXCELLENCE FROM THE SOUTH CAROLINA PRESS ASSOCIATION AND TO ENCOURAGE THEM TO CONTINUE THEIR EFFORT IN THE FIELD OF JOURNALISM.
At 12:45 P.M. the House in accordance with the motion of Rep. L. MARTIN adjourned in honor of the late Speaker Emeritus Solomon Blatt's birthday to meet at 10:00 A.M. tomorrow.
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