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:
Eternal Father, spare us from going the wrong way, pursuing our own selfish ways lest we find ourselves trapped by unworthy compromises, by cowardly concessions, by weak acquiescence, and disobedient to our God. But keep us close to You that there may be within us upright thoughts, windows of insight, vistas of splendor, moments of prayer - all causing us to chart our course in accord with Your will. However hard we work, whatever we do, wherever we go, keep us steadfast in our discipleship and in service to our fellowbeings.
And to You shall be our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1390
Promulgated By Environmental Certification Board
Certified Well Drillers, Biological Wastewater Treatment Plant Operators, Physical/Chemical Wastewater Treatment Plant Operators And Water Treatment Plant Operators
Received By Speaker June 4, 1991
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date October 2, 1991
The following was received.
Columbia, S.C., June 4, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S.722:
S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Columbia, S.C., May 30, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has rescinded its ratification of S. 935
S. 935 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.
given on May 27, 1991, and requests the House to rescind its ratification so that the Bill may be further amended.
Very respectfully,
President
Rep. T.C. ALEXANDER raised the Point of Order that a Bill that has already been ratified can only be rescinded by Concurrent Resolution.
The SPEAKER sustained the Point of Order and returned the message to the Senate.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
S. 1013 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.
On motion of Rep. WELLS, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1013 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.
The Bill was read the second time and ordered to third reading.
Rep. L. ELLIOTT moved that when the House adjourns, it adjourn in memory of Mrs. Barney Owens, which was agreed to.
The following was introduced:
H. 4040 -- Reps. Hayes, Foster, Kirsh, Short and Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH WELL THE HONORABLE JOHN C. HAYES, III, ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE TO THE SIXTEENTH JUDICIAL CIRCUIT AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS AND HIS QUIET AND COMPASSIONATE BUT COMPELLING LEADERSHIP IN THE GENERAL ASSEMBLY.
Whereas, our good friend and respected colleague, the Honorable John C. Hayes, III, has been an esteemed member of this General Assembly since 1981; and
Whereas, he served in the House of Representatives from 1981 to 1984 and in the Senate since 1985; and
Whereas, he has made a significant contribution in his work on the many legislative committees on which he has served; and
Whereas, he has been a very effective and conscientious chairman of the South Carolina Coastal Council; and
Whereas, he has served his community, the public, and private sectors, his peers, and colleagues by his contributions on the many boards and commissions on which he has served; and
Whereas, he has achieved a great deal for his districts, his constituents, and our State through his quiet and compassionate but compelling leadership; and
Whereas, he has served as chairman of the York County Delegation for the past seven years; and
Whereas, as delegation chairman he has demonstrated his skill in working with people, his knowledge of the issues, and his ability to obtain consensus while maintaining camaraderie among these members serving the public well and providing exemplary leadership for all; and
Whereas, on Wednesday, May 29, 1991, the Honorable John C. Hayes, III, was elected by acclamation to serve as circuit judge to the Sixteenth Judicial Circuit, a testimony to his ability; and
Whereas, the members of the York County Delegation know that their good friend and colleague, John C. Hayes, III, will be a valuable member of the bench but will be greatly missed by all and wish to thank him for his friendship, wisdom, and leadership; and
Whereas, the York County Delegation invites the members of the General Assembly to join them in wishing well the Honorable John C. Hayes, III. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the York County Delegation and the members of the General Assembly congratulate and wish well the Honorable John C. Hayes, III, on his election to serve as Circuit Judge to the Sixteenth Judicial Circuit and thank him for his valuable contributions and his quiet and compassionate but compelling leadership in the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to the Honorable John C. Hayes, III.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1029 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. BERNICE H. BROWN OF DORCHESTER COUNTY ON THE OCCASION OF HER RECENT RETIREMENT ON NOVEMBER 30, 1990, FROM COUNTY OFFICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4041 -- Reps. Koon, D. Williams, Felder, Sharpe, McLeod, Bennett, Rhoad, Snow, McKay, Waldrop, Wilder, Smith, Bruce, G. Brown, Shirley, Chamblee, Burch and M.O. Alexander: A JOINT RESOLUTION PROVIDING THAT, WITH REFERENCE TO THE PROPOSAL OF THE STATE SUPERINTENDENT OF EDUCATION TO MERGE FIFTY-TWO SUPERVISORY POSITIONS INTO TWENTY-FOUR POSITIONS WITH THE RESULT THAT MORE THAN TWENTY-EIGHT EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION COULD LOSE THEIR JOBS, THE PERSONS ULTIMATELY SELECTED TO FILL THE TWENTY-FOUR POSITIONS MUST COME FROM THE GROUP OF PERSONS OCCUPYING THE CURRENT FIFTY-TWO POSITIONS, PROVIDING THAT THOSE EMPLOYEES IN THE CURRENT GROUP OF FIFTY-TWO WHO HAVE LESS THAN FIVE YEARS BEFORE RETIREMENT SHALL HAVE PRIORITY FOR THE TWENTY-FOUR POSITIONS TO BE FILLED, AND REQUIRING THAT CERTAIN PROCEDURES BE FOLLOWED BEFORE THE STATE SUPERINTENDENT'S PROPOSAL MAY BE IMPLEMENTED.
Rep. SHARPE asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Ways and Means.
S. 1010 -- Senator McGill: A BILL TO PROVIDE FOR THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT NUMBER 5, SO AS TO ESTABLISH FOUR SINGLE MEMBER DISTRICTS AND PROVIDE THAT ONE TRUSTEE MUST BE ELECTED FROM EACH DISTRICT AND THREE ADDITIONAL TRUSTEES MUST BE ELECTED AT-LARGE, AND TO PROVIDE FOR THE ANNUAL MEETING OF CITIZENS AND FOR THE PREPARATION OF THE ANNUAL BUDGET.
On motion of Rep. NETTLES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1026 -- Senator Holland: A BILL TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Fulmer Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, June 5.
Joe E. Brown Dell Baker C. Lenoir Sturkie John G. Felder Mike Jaskwhich Larry Koon Rick Quinn Samuel R. Foster Danny Bruce Larry Gentry Thomas E. Huff Paul Burch Paul Short Alex Harvin, III Morgan Martin
LEAVE OF ABSENCE
The SPEAKER granted Rep. M. MARTIN a temporary leave of absence.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 30.
Reps. T.M. BURRISS, FAIR, GENTRY, GLOVER, and HUFF signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 29.
Rep. BRUCE 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, May 21.
The following Bill was taken up.
H. 4030 -- Rep. McCain: A BILL TO PROVIDE THAT ELECTIONS FOR SCHOOL DISTRICT BOARDS OF TRUSTEES IN ORANGEBURG COUNTY MUST BE HELD AT THE TIME OF THE GENERAL ELECTION.
Rep. McCAIN moved to commit the Bill to the Orangeburg Delegation, which was agreed to.
The following Bill was taken up.
H. 4037 -- Reps. Foster, Hayes, Kirsh, Short and Meacham: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE YORK COUNTY SCHOOL DISTRICTS MUST BE ELECTED FROM SINGLE MEMBER DISTRICTS.
Rep. HAYES moved to commit the Bill to the York Delegation, which was agreed to.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4038 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-ERHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE AN INCREASE IN THE NUMBER OF TRUSTEES FOR EACH DISTRICT; TO PROVIDE FOR THEIR ELECTION BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.
S. 1006 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION, RELATING TO EQUINE SALES FACILITY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1014 -- Senators Passailaigue, Fielding, McConnell, Washington and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-135 SO AS TO ESTABLISH A NO WAKE ZONE ON THE ASHLEY RIVER WITHIN ONE HUNDRED YARDS OF THE DOLPHIN COVE MARINA IN CHARLESTON COUNTY.
S. 975 -- Senator Fielding: A BILL TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 703 -- Senators Lourie, Matthews and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of be changed to that of an Act, and that it be enrolled for ratification.
S. 791 -- Senator Drummond: A BILL TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND 24-21-930, RELATING TO PAROLE ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210 AND TO PROVIDE THAT A PARDON DOES NOT EXPUNGE A RECORD OF CONVICTION; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Rep. ROSS spoke against the Bill.
Rep. McLEOD moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. M.O. ALEXANDER moved to table the motion, which was not agreed to by a division vote of 26 to 41.
Rep. BEATTY objected to the Bill.
The question then recurred to the motion to commit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to by a division vote of 47 to 30.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.
Beg leave to report that they have duly and carefully considered
the same and recommend:
That the bill pass amended by striking all after the enacting words
and inserting:
/SECTION 1. Section 5-7-150 of the 1976 Code is amended to read:
"Section 5-7-150. Every coastal municipality shall have has criminal jurisdiction over piers and other structures and the waters of the ocean, a sound, or an inlet within one mile of those portions of the strand within the municipal corporate limits. The corporate limits of the municipality shall be are extended in a straight line from the strand into the ocean, inlet, or sound from the point where the municipal corporate limits of the municipality reach the high-water mark of the strand. If an extension overlaps with the criminal jurisdiction of another political subdivision, the jurisdiction of each political subdivision extends to the equidistant point from the highwater mark of each strand."
SECTION 2. This act takes effect upon approval by the Governor./
/s/Sherry Martschink /s/D. N. Holt, Jr. /s/Douglas L. Hinds /s/Thomas G. Keegan /s/Ernie Passailaigue /s/Sandra S. Wofford On The Part Of The Senate. On The Part Of The House.
Rep. HOLT explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. L. MARTIN moved to adjourn debate upon the following Bill until Thursday, June 6, which was adopted.
S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson and Hayes: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Thursday, June 6, which was adopted.
S. 663 -- Senator Land: A BILL TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.
The following Bill was taken up.
S. 295 -- Senators Setzler and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.
Rep. CORNING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1747.AC), which was adopted.
Amend the bill, as and if amended, Section 59-63-32(B), as contained in SECTION 2, by striking line 4 on page 3 and inserting /(B) The school district also must require an/
Amend further, Section 59-63-32, as contained in SECTION 2, by striking subsections (D) and (E) and inserting:
/(D) If it is found that information contained in the affidavit provided for in subsection (B) is false, the child must be removed from the school after notice of an opportunity to appeal the removal pursuant to the appropriate district grievance policy.
(E) If it is found that a person wilfully and knowingly has provided false information in the affidavit provided for in subsection (B) to enroll a child in a school district for which the child is not eligible, the maker of the false affidavit is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed two hundred dollars or imprisoned for not more than thirty days and also must be required to pay to the school district an amount equal to the cost to the district of educating the child during the period of enrollment.
(F) The affidavit which is required by school districts under this section must include, in large print, the penalty for providing false information on the affidavit./
Renumber sections to conform.
Amend title to conform.
Rep. CORNING explained the amendment.
The amendment was then adopted.
Rep. WRIGHT explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. JASKWHICH a temporary leave of absence.
Upon the withdrawal of objections by Reps. HARRISON, HASKINS, RAMA, WELLS, McCAIN, HODGES, McGINNIS, COLE, KOON, CORBETT, LITTLEJOHN and ROSS the following Bill was taken up.
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Reps. NETTLES and WILKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11781.DW).
Amend the bill, as and if amended, page 1, Section 22-3-545(A), line 31, by striking /two/ and inserting /five/ and by striking /, five hundred/.
Amend further, page 1, Section 22-3-545(B)(1), line 35, by inserting after /solicitor/ /, upon ten days written notice to the defendant,/
Amend further, page 1, Section 22-3-545(B)(1), line 38, by inserting after /magistrate's/ /or municipal/.
Amend further, page 1, Section 22-3-545(B)(1), line 39, by inserting after /disposition./ /Both parties must have the opportunity to be heard by the chief administrative judge./
page 2, Section 22-3-545(B), lines 2 through 5, by striking item (3).
Amend further, page 2, Section 22-3-545(B)(4), line 6, by inserting after /magistrate's/ /or municipal/.
Amend further, page 2, Section 22-3-545(C), line 10, by inserting after /magistrate's/ or municipal/.
Amend further, page 2, Section 22-3-545, lines 12 through 15, by striking subsection (D) and inserting:
/(D) Provision for an adequate record must be made by the solicitor's office./
Amend further, page 2, Section 22-3-545, by inserting immediately after line 15:
/(E) Notwithstanding the provisions of Chapter 3, Title 18, an appeal from a decision of the magistrate's or municipal court under this section must be conducted as a trial de novo as provided by law./
Amend title to conform.
Rep. NETTLES explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. NETTLES having the floor.
Reps. TUCKER and WHIPPER withdrew their objections to S. 883, however, other objections remained upon the Bill.
On motion of Rep. WRIGHT, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 987 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 18, 1991, MISSED BY A. L. CORBETT MIDDLE SCHOOL STUDENTS IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A SAFETY PROBLEM IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
On motion of Rep. WRIGHT, with unanimous consent, it was ordered that S. 987 be read the second time today.
On motion of Rep. J.C. JOHNSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 313 -- Senators Setzler and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-350 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO SUBMIT AN ANNUAL REPORT OF EDUCATIONAL ACHIEVEMENTS OF THE STATE'S PUBLIC, POST-SECONDARY INSTITUTIONS TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE SPECIFIC INFORMATION TO BE INCLUDED IN THE REPORT.
Rep. CROMER asked unanimous consent to recall H. 3777 from the Committee on Judiciary.
Rep. CORNING objected.
On motion of Rep. HOLT, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the Calendar without reference.
H. 4042 -- Rep. Holt: A BILL TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND TO PROVIDE THAT CURRENT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AS PROVIDED IN THIS ACT.
Rep. BAXLEY asked unanimous consent to recall S.410 from the Committee on Ways and Means.
Rep. KLAPMAN objected.
On motion of Rep. GENTRY, with unanimous consent, the following Bill was ordered recalled from the Newberry Delegation.
S. 831 -- Senator Pope: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
On motion of Rep. GENTRY, with unanimous consent, it was ordered that S. 831 be read the second time today.
Rep. CROMER asked unanimous consent to recall H. 3772 from the Committee on Judiciary.
Rep. G. BAILEY objected.
On motion of Rep. BAXLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 410 -- Senator Saleeby: A BILL TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.
On motion of Rep. BAXLEY, with unanimous consent, it was ordered that S. 410 be read the second time today.
The Senate amendments to the following Bill were taken up for consideration.
H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN THIRTY DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.
Rep. HASKINS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
Rep. ALTMAN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 3345 -- Reps. Wilkins, Hayes, Waites, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Keyserling, Kirsh, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, McBride, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shirley, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waldrop, Wells, Whipper, White, Wilder, Wilkes, D. Williams, Wofford, Wright, A. Young, and R. Young: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
The Bill was read the third time, and ordered sent to the Senate.
Rep. HASKINS moved that the House recur to the morning hour, which was not agreed to by a division vote of 17 to 58.
The following Concurrent Resolution was taken up.
S. 918 -- Senators Fielding, Passailaigue, McConnell, Washington, Martschink and Rose: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE ASHLEY RIVER WHICH IS PART OF THE MARK CLARK EXPRESSWAY IN CHARLESTON AS THE GENERAL WILLIAM C. WESTMORELAND BRIDGE.
Whereas, General William Childs Westmoreland was born in Spartanburg County on March 26, 1914; and
Whereas, after being educated in the public schools, he graduated from United States Military Academy, West Point, and distinguished himself with many honors; and
Whereas, his long and distinguished military record includes Superintendent of the United States Military Academy; Commander, United States Military Assistance Command, Vietnam; and Chief of Staff of the Army; and
Whereas, he served as Chairman of the Governor's Task Force for Economic Growth for this State; and
Whereas, General Westmoreland has distinguished himself and his native State in ways too numerous to mention; and
Whereas, the members of the General Assembly, recognizing his many accomplishments and outstanding contribution to our State, wish to name a well- known landmark in this State in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives, concurring:
That the Department of Highways and Public Transportation is requested to name the bridge over the Ashley River which is part of the Mark Clark Expressway in Charleston as the General William C. Westmoreland Bridge.
Be it further resolved that a copy of this resolution be forwarded to Department of Highways and Public Transportation Commission.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 1008 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO NAME THE INTERCHANGE AT THE SOUTHEASTERN BELTWAY AND FORT JACKSON BOULEVARD IN RICHLAND COUNTY THE "HYMAN RUBIN INTERCHANGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE INTERCHANGE ON WHICH THE NAME IS CLEARLY INDICATED.
Whereas, Hyman Rubin is first and foremost a great humanitarian who has been guided in his many involvements in government by his deep and genuine concern for people; and
Whereas, he is best described as a true gentleman of vast experience, a scholar, and a man of honor with many talents; and
Whereas, Hyman Rubin has always been active in, State and local affairs and was elected to the City Council of Columbia where he served fourteen years with great distinction as a councilman and mayor pro tempore; and
Whereas, in recognition of his effective service at the municipal level he was elected to the State Senate in 1966 and served until 1984 during which time he served as Chairman of the Richland County Legislative Delegation, Chairman of the Senate Medical Affairs Committee, and the Joint Study Committee on Aging; and
Whereas, in order to recognize the distinguished career of this great South Carolinian, it would be fitting to designate the interchange at the Southeastern Beltway and Fort Jackson Boulevard in the name of Hyman Rubin in recognition of his many years of honorable service and outstanding contributions to the State of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the interchange at the Southeastern Beltway and Fort Jackson Boulevard in Richland County is named the "Hyman Rubin Interchange." The Department of Highways and Public Transportation is directed to erect appropriate signs at both ends of the interchange on which the name is clearly indicated.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. CROMER moved to recall H. 3777 from the Judiciary Committee.
As a first substitute Rep. HENDRICKS moved to dispense with the balance of the Motion Period.
As a second substitute Rep. CROMER moved to recall H. 3777 from the Judiciary Committee, which was agreed to by a division vote of 48 to 10.
Rep. HASKINS moved that the House recur to the morning hour, which was rejected by a division vote of 21 to 41.
Rep. J. BAILEY moved to recall H. 3997 from the Judiciary Committee.
As a first substitute Rep. BAKER moved that when the House adjourns, it adjourn to meet at 1:00 P.M. tomorrow.
As a second substitute Rep. GENTRY moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. McCAIN moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Corning McCain
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Beasley Boan Brown, G. Brown, H. Bruce Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Houck Huff Inabinett Jennings Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. ROGERS moved that the House recur to the morning hour, which was agreed to by a division vote of 63 to 26.
The Senate returned to the House with amendments the following:
H. 3320 -- Reps. Boan and McElveen: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS.
The Senate amendments were agreed to, and the Bill, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1028 -- Senators Martschink, Washington, McConnell, Fielding and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO WELCOME THE RYDER CUP MATCHES TO THE UNITED STATES, AND TO EXTEND APPRECIATION TO THE PGA OF AMERICA FOR HAVING SELECTED KIAWAH ISLAND, SOUTH CAROLINA, AS THE SITE FOR THE PRESTIGIOUS 1991 RYDER CUP MATCHES.
On motion of Rep. BARBER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1028 -- Senators Martschink, Washington, McConnell, Fielding and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO WELCOME THE RYDER CUP MATCHES TO THE UNITED STATES, AND TO EXTEND APPRECIATION TO THE PGA OF AMERICA FOR HAVING SELECTED KIAWAH ISLAND, SOUTH CAROLINA, AS THE SITE FOR THE PRESTIGIOUS 1991 RYDER CUP MATCHES.
Whereas, the Ryder Cup Matches, one of the world's most prestigious golf events, will be played at Kiawah Island, South Carolina, September 26-29, 1991; and
Whereas, this biennial competition between top golfers from the United States and Europe has in recent years been treated as "Golf's Fifth Major" placing it among the Masters, U.S. Open, British Open, and the PGA Championship; and
Whereas, since 1927 nine to twelve of the best golf professionals in the United States have assembled to form one team to compete against their formidable European counterparts in one of golf's most celebrated, most unique, and most memorable competitions; and
Whereas, the United States team will make a concerted effort in a competition of epic proportions to return the Ryder Cup trophy to America after an absence of six years; and
Whereas, more than two hundred million viewers in twenty-six countries around the globe followed the 1989 Ryder Cup Matches at the Belfry and interest is expected to increase in 1991; and
Whereas, this year, over-the-air and cable television on NBC and USA Network will provide unprecedented coverage of the Matches in the United States establishing once again an international network; and
Whereas, an estimated 25,000 spectators and more than 800 journalists from around the world are expected to attend the Matches on-site from opening ceremonies on Thursday, September 26, 1991, until the final play on Sunday, September 29, 1991; and
Whereas, the Ryder Cup Matches will be held in Kiawah Island, South Carolina, a sparkling jewel set in the rich blue waters of the Atlantic Ocean just twenty-one miles south of historic Charleston; and
Whereas, Kiawah Island boasts a 10,000 acre resort with three championship golf courses: Turtle Point designed by Jack Nicklaus, Osprey Point by Tom Fazio, and Marsh Point by Gary Player; and
Whereas, Charleston is one of the most beautiful and historic cities in America filled with rich Southern tradition as well as friendly and hospitable citizens to help tourists enjoy both the history and beauty of the city; and
Whereas, the State of South Caroling is honored to host the Ryder Cup Matches in 1991 and extends our appreciation to the Ryder Cup and the PGA for the opportunity to be associated with this prestigious event. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress and the President of the United States to welcome the Ryder Cup Matches and its participants and guests to the United States, and extends appreciation to the PGA of America for having selected Kiawah Island, South Carolina, as the site for the prestigious 1991 Ryder Cup Matches.
Be it further resolved that a copy of this resolution be forwarded to the President, Vice President, Speaker of the House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4043 -- Rep. Cromer: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOSS OF INSURANCE ON MOTOR VEHICLES, SO AS TO INCREASE THE PENALTIES FOR SUSPENSION OF REGISTRATION AND PLATES; AND TO AMEND SECTION 56-10-270, RELATING TO OPERATION OF AN UNINSURED VEHICLE, SO AS TO INCREASE THE PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
S. 1024 -- Senator Reese: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT.
Referred to Spartanburg Delegation.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Reps. WHIPPER and GLOVER objected to the Bill.
Rep. CARNELL moved to reconsider the vote whereby debate was adjourned on the following Bill.
S. 663 -- Senator Land: A BILL TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.
Rep. KIRSH moved to table the motion, which was agreed to.
Rep. GREGORY moved that the House recede subject to the call of the Chair, which was adopted.
At 12:00 Noon the House resumed, the SPEAKER in the Chair.
Rep. BOAN moved that the House recede until 1:15 P.M., which was adopted.
At 1:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The House stood at ease subject to the call of Chair.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. BOAN made a statement relative to the General Appropriations Bill.
The Free Conference Report on the following Bill was taken up.
Rep. McTEER moved to waive Rule 5.14, which was agreed to.
The question then recurred to the adoption of the Free Conference Report.
Rep. WHITE demanded the yeas and nays, which were not ordered.
The Free Conference Report was adopted by a division vote of 93 to 11, and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Subsection (A) of Section 22-1-10 of the 1976 Code is amended to read:
"(A). The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years who shall hold their office for the term of four years and until their successors are appointed and qualified.
Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.
At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.
Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.
The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section."
SECTION 2. Notwithstanding whether the names of appointees have been received by the Senate for advice and consent, the information required to be provided by the county within ninety days of May 1, 1991, must be provided within sixty days of the approval of this act by the Governor./
SECTION 3. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/James E. Bryan, Jr. /s/Thomas E. Huff /s/Michael F. Mullinax /s/Roland S. Corning /s/Michael T. Rose /s/Joseph T. McElveen, Jr. On Part of the Senate. On Part of the House.
Rep. HUFF explained the Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS moved that the Committee of Conference on the following Concurrent Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 999 -- Senators Williams, Waddell, Martin and Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Beatty Boan Brown, G. Brown, J. Burch Carnell Chamblee Cromer Elliott, L. Farr Felder Foster Gentry Glover Harris, J. Harris, P. Harvin Harwell Hayes Hodges Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Snow Townsend Tucker Waites Waldrop Whipper White Wilder Wilkins Williams, J.
Those who voted in the negative are:
Baker Brown, H. Burriss Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, D. Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Jaskwhich Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Vaughn Wells Wofford Wright Young, A. Young, R.
So, having failed to receive the necessary vote, the request for Free Conference Powers was rejected.
The following was received from the Senate.
Columbia, S.C., June 5, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H.. 3967:
H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.
and asks for a Committee of Conference and has appointed Senators Mitchell, Bryan and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 134
Whereupon, the Chair appointed Reps. JASKWHICH, MANLY and FAIR to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate sent to the House the following:
S. 1034 -- Senator Fielding: A CONCURRENT RESOLUTION TO RESCIND THE RATIFICATION OF S.935
Be it resolved by the Senate, the House of Representatives concurring:
That the ratification of S.935 performed by the House and Senate on Monday, May 27, 1991, is hereby rescinded.
Rep. T.C. ALEXANDER moved to table the Resolution, which was agreed to.
Rep. CORNING moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Clyborne Cork Corning Elliott, L. McCain
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Beasley Beatty Boan Brown, G. Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Cole Cooper Cromer Elliott, D. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Houck Huff Inabinett Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Quinn Rama Rhoad Ross Rudnick Scott Sheheen Shirley Short Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. WILKINS made a statement relative to the Ethics Conference Committee.
The following was received.
Columbia, S.C., June 5, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
Very respectfully,
President
No. 081
Received as information.
The following was received.
Columbia, S.C., June 5, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 237:
S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 080
Received as information.
The following was received.
Columbia, S.C., June 5, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Mullinax and Rose of the Committee of Free Conference on the part of the Senate on S. 62:
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
Very respectfully,
President
No. 382
Received as information.
The following was received.
Columbia, S.C., June 5, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 62:
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 082
Received as information.
Rep. CORBETT moved that the House do now adjourn.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Brown, J. Burriss Clyborne Cole Corbett Cork Corning Haskins Kirsh Koon Littlejohn Marchbanks Martin, L. McCain McGinnis McKay Ross Sharpe Short Snow Townsend Wells Wofford Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Brown, G. Burch Carnell Cato Chamblee Cooper Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harrison Harvin Hayes Houck Inabinett Jennings Keegan Keesley Kempe Keyserling Kinon Klapman Lanford Manly Martin, D. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Phillips Quinn Rama Rhoad Rogers Rudnick Scott Sheheen Shirley Smith Tucker Vaughn Waites Waldrop Whipper Wilder Wilkins Young, A.
So, the House refused to adjourn.
The House stood at ease subject to the call of the Chair.
At 6:40 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. TUCKER, WILDER and D. MARTIN a leave of absence for an Election Laws Subcommittee meeting.
Rep. ALTMAN moved that the House recur to the morning hour, which was agreed to.
The Senate returned to the House with amendments the following:
H. 3709 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF SUSPENSION BE IN A MANNER PROVIDED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. ALTMAN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
S. 927 -- Judiciary Committee: A BILL TO AMEND CHAPTER 8, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT SECURITIES UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE SECURITIES, FOR THE RIGHTS, DUTIES, AND OBLIGATIONS OF THE HOLDERS AND ISSUES OF THESE SECURITIES, FOR THE PURCHASE, TRANSFER AND REGISTRATION OF THESE SECURITIES, AND FOR THE NEGOTIABILITY OF THESE SECURITIES AND OTHER RELATED PROVISIONS, AND TO AMEND SECTIONS 36-1-201, 36-5-114, 36-9-103, 36-9-105, 36-9-203, 36-9-302, 36-9-304, 36-9-305, 36-9-309, AND 36-9-312, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS IN ORDER TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 8.
Reps. HAYES and CORBETT explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Be it resolved by the House of Representatives, the Senate concurring:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
(10) Resolutions authorizing a different date or time, or both, for
Sine Die adjournment in accordance with the provisions of Section 2-1-180 of the 1976 Code.
Be it further resolved that when the respective Houses of the General Assembly adjourn on Friday, June 28, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or the President Pro Tempore for the South Carolina Senate only for the consideration of business as enumerated in items (1), (2), (7), and (8) above, and in order to deal with any deficits for fiscal year 1990-91. The General Assembly shall adjourn Sine Die no later than 5:00 p.m. on Sunday, September 1, 1991. Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. SHEHEEN explained the Concurrent Resolution.
Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Rules.
As requested by Rep. WAITES these names are included in the Journal.
These members objected to immediate consideration of SHEHEEN's Concurrent Resolution to extend the session.
Reps. McCAIN, CORNING, RAMA, FAIR, CORK, HASKINS, CORBETT, and WOFFORD
Rep. CORBETT moved that the House do now adjourn.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Cole Cooper Corbett Cork Haskins Koon Lanford Littlejohn Marchbanks McCain McGinnis Townsend Vaughn Wells Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Beatty Boan Brown, J. Burch Carnell Cato Chamblee Cromer Elliott, D. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harvin Harwell Hayes Hodges Houck Inabinett Jennings Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, L. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Stoddard Waites Waldrop Whipper White Williams, J. Young, A. Young, R.
So, the House refused to adjourn.
The following was introduced:
H. 4045 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE SCOTT'S BRANCH "MARCHING EAGLES" HIGH SCHOOL BAND FOR ITS ACCOMPLISHMENTS WHILE PERFORMING IN THE AFRICAMERICAS FESTIVAL AND PARADE ON MAY 4, 1991.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4046 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM, UNION COUNTY, ON WINNING ITS THIRD CONSECUTIVE CHAMPIONSHIP IN THE NATIONAL JUNIOR INDOOR SMALLBORE RIFLE CHAMPIONSHIPS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1033 -- Senator Mitchell: A CONCURRENT RESOLUTION TO WELCOME THE SOUTH ATLANTIC REGIONAL CONFERENCE OF DELTA SIGMA THETA SORORITY TO GREENVILLE, SOUTH CAROLINA AND WISH IT SUCCESS IN ITS PROGRAMS TO PROVIDE SERVICES AND PROMOTE HUMAN WELFARE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Rep. HASKINS raised the Point of Order that the report of the Rules Committee on H. 4044 was out of order as it violated Rule 5.10 which states that no Bill or Joint Resolution shall receive a second reading unless printed copies of the same Bill have been laid on the desks of the members at least one day prior to such reading.
The SPEAKER stated that Rule 5.10 applied to Bills and Joint Resolutions and this was a Concurrent Resolution and he overruled the Point of Order.
The following Concurrent Resolution was taken up for immediate consideration:
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Rep. HASKINS proposed the following Amendment No. 1.
Amend the resolution by striking all after the enacting words and adding:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. HASKINS explained the amendment.
Rep. CORNING raised the Point of Order that the report of the Rules Committee on H. 4044 was out of order as it was in violation of Rule 5.9 which states that all Bills and Resolutions reported by a committee shall as a matter of course, be printed, together with the report of a committee.
The SPEAKER sustained the Point of Order.
Rep. HODGES moved to waive Rule 5.14.
Rep. McCAIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Beatty Boan Burch Carnell Chamblee Cromer Elliott, D. Farr Felder Foster Gentry Glover Harvin Harwell Hayes Hodges Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Stoddard Waites Waldrop Whipper White Williams, J.
Those who voted in the negative are:
Brown, H. Burriss Cato Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Haskins Huff Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Townsend Vaughn Wells Wilkins Wofford Young, A. Young, R.
So, having failed to receive the necessary vote Rule 5.14 was not waived.
Rep. VAUGHN moved that the House do now adjourn.
J. BAILEY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HODGES moved that the House recede until 8:00 P.M.
Rep. H. BROWN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HODGES moved that the House stand at ease until 8:00 P.M., which was agreed to by a division vote of 43 to 35.
At 8:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. HASKINS raised the Point of Order that the report of the Rules Committee on H. 4044 was out of order as it was in violation of Rule 5.12 in that it cannot be considered for further consideration unless two thirds of the members present and voting agree to waive the Rule since it was not introduced in the House prior to April 15.
The SPEAKER stated that Rule 5.12 dealt with bills and joint resolutions with statewide impact and it did not deal with concurrent resolutions and he overruled the Point of Order.
Rep. HASKINS then inquired whether or not the resolution had statewide impact.
The SPEAKER stated that the Rule dealt with bills and joint resolutions which have permanent impact of law and that this was an internal procedural application.
Rep. HASKINS raised the Point of Order that the report of the Rules Committee on H. 4044 was out of order as it was in violation of Rule 5.16 which states that a resolution shall receive immediate consideration unless five members object and if immediate consideration of such resolution is not sought, the resolution shall be referred to an appropriate committee and shall not be considered by the House until after the committee has made its report and at that time shall take its place on the calendar. He further stated that considering the resolution now would be giving it Special Order and changing its place on the calendar which the House cannot do even with unanimous consent.
The SPEAKER stated that reports of the Rules Committee can be received at any time and they interrupt business and that was the standard practice of the House.
Rep. HASKINS argued that the report of the Rules Committee can be received, but the resolution itself should not receive immediate consideration.
The SPEAKER stated that the provisions of the Rule had been interpreted consistently and he overruled the Point of Order.
Debate was resumed on the following Concurrent Resolution, the pending question being the consideration of Amendment No. 1, Rep. HASKINS having the floor.
H. 4044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Rep. HASKINS proposed the following Amendment No. 1, which was tabled.
Amend the resolution by striking all after the enacting words and adding:
That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
Be it further resolved that when the respective Houses adjourn on Thursday, June 6, 1991, not later than 5:00 p.m., each House shall stand adjourned to meet on its own motion or subject to the call of the Speaker of the House for the South Carolina House of Representatives and the President or President Pro Tempore for the South Carolina Senate between June 7 and June 28, 1991, for the consideration of:
( 1) Gubernatorial vetoes;
( 2) Receipt and confirmation of appointments;
( 3) Appointment of conference and free conference committees;
( 4) Conference and free conference reports;
( 5) Ratification of acts;
( 6) Local matters;
( 7) Elections set by the General Assembly and resolutions to set elections;
( 8) Any bill, bills, report, question, or other matter relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, and/or the United States Congress;
( 9) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
Provided, that if any submitting authority is notified in writing on or before September 1, 1991, by the United States Department of Justice that an objection has been interposed or that if specific deficiencies are corrected that the department will not interpose an objection to the plan or plans submitted, the General Assembly shall adjourn Sine Die no later than 5:00 p.m., October 15, 1991.
Be it further resolved that the provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21, of the South Carolina Constitution and to authorize such recess as either body may, from time to time, employ.
Rep. HASKINS explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. SHORT moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beatty Boan Burch Carnell Chamblee Cromer Elliott, D. Farr Felder Foster Gentry Glover Gregory Harris, P. Harwell Hayes Hodges Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Manly Mattos McAbee McCraw McElveen McKay McTeer Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Townsend Waites Waldrop Whipper White Williams, J.
Those who voted in the negative are:
Beasley Brown, H. Burriss Cato Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Haskins Huff Keegan Klapman Koon Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. HASKINS inquired if the vote required two thirds vote of those present and voting, then would the pairing of votes then be eliminated.
The SPEAKER stated paired votes were not counted and that they were only entered in the Journal and neither member was allowed to vote.
Stoddard (Present) Aye
Lanford (Absent) Nay
Cole (Present) Nay
McLeod (Absent) Aye
Rep. McTEER moved that the House do now adjourn.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beatty Boan Burch Carnell Chamblee Cooper Elliott, D. Farr Foster Gentry Glover Gregory Harris, P. Hodges Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Littlejohn Manly Marchbanks Martin, L. Mattos McAbee McCraw McGinnis McKay McTeer Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Short Smith Townsend Waldrop Wells Whipper White Williams, J.
Those who voted in the negative are:
Beasley Brown, H. Burriss Cato Corbett Cork Corning Cromer Fair Felder Fulmer Gonzales Hallman Haskins Hayes Keegan Klapman Koon McCain McElveen Meacham Quinn Rama Sharpe Vaughn Waites Wofford Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
Stoddard (Present) Aye
Lanford (Absent) Nay
Further proceedings were interrupted by adjournment, the pending question being consideration of the Resolution.
At 8:35 P.M. the House in accordance with the motion of Rep. L. ELLIOTT adjourned in memory of Mrs. Barney Owens, to meet at 10:00 A.M. tomorrow.
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