Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, our unfailing Friend, our ever present Help, our everlasting Hope, we thank You for drawing us to Yourself with bonds of love that nothing can break. Give us the blessing daily that comes with the assurance of Your presence, and the inflowing of Your peace, and an ever increasing sense of Your power. Forgive us when we allow the windows of our souls to become opaque by material ambition and personal pride. May Your will find fruition and fulfillment in us and through us.
To You, O Lord, we give unending gratitude and praise. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. CORBETT moved that when the House adjourns it adjourn in memory of Danny Williams of Horry County, which was agreed to.
Reps. SNOW and ALTMAN introduced the Thornton quadruplets, Olive, Katie, Blake and Clay of Georgetown County, along with their family, recognizing them on the occasion of the celebration of their sixteenth birthday.
The question of a quorum was raised.
A quorum was later present.
The following was received.
February 3, 1992
Mrs. Sandra McKinney
Clerk of The House of Representatives
State House
Columbia, South Carolina 29201
Dear Mrs. McKinney:
Under date of January 31, 1992, the State Election Commission certified to this office the result of the election in House District 95, held in South Carolina on January 28, 1992. The certification shows that Brenda Council has been elected to the South Carolina House of Representatives, District 95.
I, therefore, certify that Brenda Council has been elected as a member of the South Carolina House of Representatives from District 95, for a term as prescribed by law.
Yours very truly,
/s/Jim Miles
Secretary of State
Received as information.
The following was received.
January 31, 1992
Honorable Robert J. Sheheen, Speaker
House of Representatives
P.O. Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker:
The State Board of Canvassers hereby certifies that Brenda Council was elected to House District 95 at a special election held in Orangeburg County on January 28, 1992.
Sincerely,
/s/William B. DePass, Jr., Chmn.
/s/Roger Leaks, Jr.
/s/Philip T. Bradley
STATE BOARD OF CANVASSERS
Received as information.
The following was received.
February 3, 1992
Mrs. Sandra McKinney
Clerk of The House of Representatives
State House
Columbia, South Carolina 29201
Dear Mrs. McKinney:
Under date of January 31, 1992, the State Election Commission certified to this office the result of the election in House District 94, held in South Carolina on January 28, 1992. The certification shows that Gilda Cobb-Hunter has been elected to the South Carolina House of Representatives, District 94.
I, therefore, certify that Gilda Cobb-Hunter has been elected as a member of the South Carolina House of Representatives from District 94, for a term as prescribed by law.
Yours very truly,
/s/Jim Miles
Secretary of State
Received as information.
The following was received.
January 31, 1992
Honorable Robert J. Sheheen, Speaker
House of Representatives
P.O. Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker:
The State Board of Canvassers hereby certifies that Gilda Cobb-Hunter was elected to House District 94 at a special election held in Orangeburg County on January 28, 1992.
Sincerely,
/s/William B. DePass, Jr., Chmn.
/s/Roger Leaks, Jr.
/s/Philip T. Bradley
STATE BOARD OF CANVASSERS
Received as information.
Mrs. Brenda Council, member-elect from District No. 95, and Mrs. Gilda Cobb-Hunter, member-elect from District No. 94, presented their credentials and the oath of office was administered to them by the SPEAKER.
The following was received.
Columbia, S.C., January 30, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-258, S. 1003, by a vote of 35 to 8.
(R258) S. 1003 -- Judiciary Committee: AN ACT TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1992 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Very respectfully,
President
No. 090
Received as information.
January 29, 1992
The Honorable Nick A. Theodore
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President:
I am returning without my signature S. 1003 (R-258), the reapportionment Plan for the South Carolina State Senate.
I and my staff have carefully examined the districts that the Senate has drawn and have had extensive discussions with affected Senators as well as representatives of minority groups concerning this plan. At the present time, the South Carolina Senate has 46 Senators. During elections in the 1980's, racial minorities constituted a majority in ten of the districts. From my review of the legislative debate, it became clear to me that more districts in which racial minorities comprise an effective majority could have been drawn. Alternative plans containing such proposals were introduced and defeated along racial and partisan lines. I think this action of the legislature was motivated by a desire to keep incumbents in office at the expense of fairer minority representation. This is an unwise public policy.
Upon reviewing the objection letters from the United States Department of Justice concerning certain reapportionment plans in New York, Virginia, Georgia, North Carolina, Texas and Louisiana, I am convinced that the Justice Department would not preclear this plan as provided under Section 5 of the Voting Rights Act. Rather than delay the elections unnecessarily, I am returning this legislation in hopes that the Senate will remedy the following defects promptly:
1. This plan fails to create additional minority districts:
It appears that lines could have been drawn in such a manner that minorities would have an equal opportunity to participate in elections and elect candidates of their choice. Several alternative plans which achieved this objective were offered to the Senate but summarily rejected. Some alternatives include:
A. An additional district in the Savannah Valley region between the cities of Aiken and Anderson whereas the Senate created only influence districts in Districts 10 and 25 by fracturing minority voting populations in this area.
B. An additional district in Georgetown, upper Charleston, Williamsburg and Marion Counties, whereas the Senate plan fractures minority voters between District 37, 34, 32 and 28, thus diluting their voting strength.
C. An additional district in Union, Spartanburg, York and Chester Counties, whereas the Senate plan fractures minority voters among Districts 13, 18, 16 and 27.
2. Marginal or non-electability of certain districts identified as majority minority population districts:
Of the 11 majority minority districts in the Senate proposal, District 40 has a total black population of 51.20% and black voting age population of only 49.226%. Other introduced plans created higher black population percentages in black districts. The Senate Plan therefore creates no more black districts than already exist. It is possible to create at least three other districts with a black voting age majority.
Other plans introduced in the Senate created more minority districts that the Senate plan. At the same time, these alternative plans had total black population and black voting age population percentages that were higher than almost all those districts in the Senate plan. The result of the lower black percentages in the Senate plan could very well be a deciding factor in elections in several districts.
The Senate Plan also did not create any open minority districts where a minority would not face the enormous task of a challenge against a well financed and entrenched white incumbent. Other plans introduced in the Senate created as many as three districts where no incumbent currently resides.
3. Justifications for the Senate's failure to create additional minority districts are pretextual.
The Senate has offered two reasons for its failure to create additional minority seats or more electable minority districts. Comments by certain members of the Senate indicate that such districts were not created to avoid division of the criteria of communities of interests and split precincts.
Precincts are merely political instrumentalities drawn for political convenience. A quick review of the precincts in this State will show many have rambling boundaries created for reasons unknown or long forgotten. Many precincts have gone through enormous demographic changes. State law (Section 7-7-710) mandates that precincts be split when they achieve 1500 or more registered voters. Currently, the State Election Commission identifies 108 (5%) precincts that exceed 1500 registered voters. We have precincts that range in population as small as 37 people to as large as 27,000 people. These precincts have undergone little change and would be relatively easy to adjust through local legislation.
Local Bills are currently pending approval that would redraw precinct lines in several counties to conform with the census voting tabulation districts adopted throughout this reapportionment process. The precincts that are currently split in these two counties are split by VTD's not yet drawn as precincts in those counties.
In a recent review of one State's proposed redistricting plan (submitted to the Civil Rights Division of the Justice Department), the Assistant Attorney General expressed the following comments regarding this issue. "If such splits (of precinct) lines are necessary in order to adopt a proper plan, the county may then adjust its precincts to follow the new district lines." It is clear that where the Justice Department is concerned that the integrity of precinct lines is not to be used to dilute minority voting strength.
There are over 1800 precincts in this State, and even under the plan with the most split precincts, the splitting of existing precinct lines totals no more than 8% of all the precincts. Upon review of our current House Plan adopted during the last reapportionment, there are at least 225 split precincts, and the Senate districts under current law split approximately 130 precincts. The splitting of precincts was not a concern in the 1980's reapportionment. Its application now is tenuous.
Upon review of alternative plans, it appears the splitting of existing precincts was done for the purpose of meeting the first two criteria adopted by the Senate--one man one vote and the creation of minority districts. Alternative plans introduced in the Senate appear to properly split precincts in order to meet the two most important criteria in redistricting: "one man, one vote" and the effort to create minority districts where possible. These criteria are well-known, originating in federal statutory and case law and also adopted as guideline in early 1991 by the Senate.
The second justification for the failure to create additional districts is the maintenance of communities of interest. Upon my review of the Senate Plan for maintenance of communities of interest, I have found at least four districts that certainly share little commonality or compactness.
A. Senate District 26--There clearly is no commonality or community of interest between suburban Columbia and Lexington County and suburban Augusta, Georgia, in a district that is connected by a point.
B. Senate District 16--York County, starting in suburban Charlotte (and crossing a lake at a point in the process) clearly does not share a community of interest with suburban Columbia.
C. Senate District 18--There is no commonality of interest in a district that goes from Chapin in Lexington County to the Spartanburg County line near Cowpens.
D. Senate District 34--There is no commonality of interest between the City of Conway in Horry County and Goose Creek in Berkeley County.
By closely scrutinizing the Senate Plan, one can conclude that minority districts were intentionally not drawn in order to further some political purpose--either to support an existing voting strength for an incumbent, or to shift the balance of political power in a county legislative delegation. A concern for compactness and communities of interest is not consistently applied. Rather, it is being used to maintain the status quo by creating Senate districts that only maximize the opportunity for the re-election of some incumbents.
I have little choice but to veto the Senate Reapportionment Bill. If I were to do otherwise, it would be viewed as approval of a plan that violates principles established under Federal Constitutional and statutory law. I am taking this action because I am convinced this reapportionment should be done correctly before the Justice Department and the Federal Courts reapportion the legislature.
When my veto is sustained, I welcome the opportunity to discuss these specific changes in the legislation which address my concerns in an equitable manner. This discussion will include the leadership of the House and Senate as well as with representatives of those minority groups that have expressed concern about the plans adopted by the House and Senate. I look forward to signing a plan that will meet the requirements of Federal law.
Sincerely,
Carroll A. Campbell, Jr.
Governor
Rep. HODGES moved to adjourn debate upon the veto until Wednesday, February 5, which was adopted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4077 -- Rep. Rhoad: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO HONOR THE MEMORY OF HIGHWAY PATROLMAN MARVIN L. TITUS, WHO DIED IN THE LINE OF DUTY ON NOVEMBER 21, 1991, BY NAMING THE BAMBERG HIGHWAY PATROL OFFICE THE MARVIN L. TITUS BUILDING.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4201 -- Reps. Keyserling, J. Bailey, Rogers, Whipper, Manly and Waites: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE BUDGET ENFORCEMENT ACT OF 1991 TO ALLOW FOR TRANSFERS OF SAVINGS IN THE MILITARY ACCOUNT TO THE DOMESTIC BUDGET; TO SIGNIFICANTLY REDUCE MILITARY SPENDING TO A LEVEL MORE APPROPRIATE TO THE POST COLD WAR WORLD ENVIRONMENT BY TRANSFERRING THESE SAVINGS TO MEET THE SOCIAL AND ECONOMIC NEEDS OF THIS COUNTRY; AND TO DEVELOP A MECHANISM TO PROVIDE FOR THE TIMELY AND ORDERLY CONVERSION FROM A MILITARY TO A CIVILIAN ORIENTED ECONOMY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4301 -- Reps. Koon, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH IN JUNE, 1991, OF CURRIE B. SPIVEY, JR., CHAIRMAN OF THE STATE DEVELOPMENT BOARD, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE STATE DEVELOPMENT BOARD TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF CURRIE SPIVEY TO ENHANCE AND PROMOTE NEW ELEMENTS OF BUSINESS DEVELOPMENT IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1133 -- Senator Setzler: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS TO OPPOSE AND PREVENT ANY ATTEMPT TO ALLOW NONVETERANS THE USE OF VA MEDICAL FACILITIES.
Ordered for consideration tomorrow.
On motion of Rep. HODGES, the House non-concurred in the Senate amendments, to the following Bill and a message was ordered sent to the Senate accordingly.
H. 3836 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
The following was introduced:
H. 4326 -- Reps. Rudnick, D. Martin, Keyserling, Littlejohn, Mattos, Rama, Sharpe, Inabinett, Smith, Riser, Waites, Phillips, Wells, Corning, Jennings, Neilson, Manly, McCraw, Cromer, McGinnis, Cole and Hyatt: A HOUSE RESOLUTION TO AMEND RULE 5.14, RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE REQUIREMENTS TO DISPENSE WITH THE PRINTING OF DOCUMENTS, SO AS TO PROVIDE THAT WHEN A HOUSE OR CONCURRENT RESOLUTION IS SPONSORED BY ALL MEMBERS OF THE HOUSE, THE JOURNAL SHALL STATE THAT THE RESOLUTION WAS SPONSORED BY ALL MEMBERS AND NO INDIVIDUAL NAMES MAY BE INCLUDED AS SPONSORS IN THE JOURNAL.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4327 -- Reps. Phillips, Carnell, Kinon, Marchbanks and L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY OF AIKEN COUNTY AND ITS ASSOCIATES OF GREIGE MILLS AND SERVICE AREAS FOR THEIR OUTSTANDING PERFORMANCE AND ACCOMPLISHMENT IN WORK SAFETY BY OPERATING FOR TWO YEARS WITHOUT A "LOST TIME" INJURY WHICH AMOUNTS TO OVER TWENTY-SEVEN MILLION WORK HOURS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4328 -- Reps. Tucker and Cooper: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON BYPASS AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4329 -- Reps. Rama and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-33-80 SO AS TO PROVIDE FOR HANDICAPPED PERSONS TO BE ADMITTED TO STATE-SUPPORTED MUSEUMS WITHOUT CHARGE.
Referred to Committee on Education and Public Works.
H. 4330 -- Rep. Clyborne: A BILL TO PROVIDE FOR THE ENACTMENT OF LEGISLATION BY INITIATIVE PETITION.
Referred to Committee on Judiciary.
H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".
Referred to Committee on Judiciary.
H. 4332 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS ANY AMOUNT OF BLOOD ALCOHOL CONTENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Referred to Committee on Judiciary.
H. 4333 -- Reps. Waldrop, Koon, J. Brown, Byrd, Scott and Taylor: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE AN EXEMPTION FOR EMPLOYMENT THAT PROVIDES ON-THE-JOB ACCIDENT INSURANCE FOR ITS EMPLOYEES WITH MINIMUM COVERAGE REQUIREMENTS INCLUDED.
Referred to Committee on Labor, Commerce and Industry.
H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, Harrelson, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.
Referred to Committee on Judiciary.
H. 4335 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM LICENSING REQUIREMENTS, SO AS TO PROVIDE A NEW RESIDENT OF THIS STATE WHO IS AT LEAST SIXTEEN YEARS OF AGE AND HAS A VALID OPERATOR OR CHAUFFEUR'S LICENSE MAY OPERATE A MOTOR VEHICLE IN THIS STATE FOR NOT MORE THAN NINETY DAYS FROM THE DATE HE ESTABLISHES RESIDENCY IN THIS STATE.
Referred to Committee on Education and Public Works.
H. 4336 -- Reps. Barber and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-170 SO AS TO REQUIRE THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, TO SOLICIT, COMPILE, AND ANNUALLY DISTRIBUTE TO STATE AGENCIES AND THE GENERAL ASSEMBLY THE INITIATIVE, ACTIVITIES, ACHIEVEMENTS, AND RESULTS OF THE TOTAL QUALITY MANAGEMENT PLAN.
Referred to Committee on Ways and Means.
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Referred to Committee on Ways and Means.
H. 4338 -- Rep. Cromer: 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. 4339 -- Rep. J. W. Johnson: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1992.
Referred to Laurens Delegation.
H. 4340 -- Rep. Haskins: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1992 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 4341 -- Rep. Haskins: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1992 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 4342 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-19-45 SO AS TO DIVIDE THE STATE INTO SIX CONGRESSIONAL DISTRICTS BEGINNING WITH THE 1992 GENERAL ELECTION BASED ON THE UNITED STATES CENSUS OF 1990, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL DISTRICT REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, TO PROVIDE CERTAIN TRANSITIONAL PROVISIONS FOR THOSE OFFICIALS REPRESENTING A CONGRESSIONAL DISTRICT ON A PUBLIC BOARD, COMMISSION, OR COMMITTEE WHOSE RESIDENCY IS TRANSFERRED TO ANOTHER DISTRICT BY THE PROVISIONS OF SECTION 7-19-45, AND TO REPEAL SECTION 7-19-40, RELATING TO THE CURRENT CONGRESSIONAL DISTRICTS OF THIS STATE SUBJECT TO CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 4343 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-19-45 SO AS TO DIVIDE THE STATE INTO SIX CONGRESSIONAL DISTRICTS BEGINNING WITH THE 1992 GENERAL ELECTION BASED ON THE UNITED STATES CENSUS OF 1990, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL DISTRICT REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, TO PROVIDE CERTAIN TRANSITIONAL PROVISIONS FOR THOSE OFFICIALS REPRESENTING A CONGRESSIONAL DISTRICT ON A PUBLIC BOARD, COMMISSION, OR COMMITTEE WHOSE RESIDENCY IS TRANSFERRED TO ANOTHER DISTRICT BY THE PROVISIONS OF SECTION 7-19-45, AND TO REPEAL SECTION 7-19-40, RELATING TO THE CURRENT CONGRESSIONAL DISTRICTS OF THIS STATE SUBJECT TO CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 4344 -- Rep. G. Bailey: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.
Referred to Committee on Judiciary.
H. 4346 -- Reps. P. Harris, J. Brown, Byrd, Townsend, Chamblee, Wilder, Carnell, Tucker and White: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.
Referred to Committee on Ways and Means.
S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.
On motion of Rep. HOLT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4345 -- Reps. G. Bailey, Wofford, A. Young and Gonzales: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE JOHN F. "JACK" WILBANKS OF SUMMERVILLE FOR OUTSTANDING SERVICE TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy 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 Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, February 4.
William S. Houck John G. Felder Gene Stoddard
DOCTOR OF THE DAY
Announcement was made that Dr. Steve Imbeau of Florence is the Doctor of the Day for the General Assembly.
Rep. McTEER moved that when the House adjourns it adjourn to meet at 11:45 A.M. tomorrow, which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.
H. 3996 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO PROVIDE FOR THE REGULATION OF A CREDIT SERVICES ORGANIZATION AND PROVIDE PENALTIES FOR VIOLATION.
H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.
H. 3946 -- Rep. Quinn: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.
H. 4293 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1375, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 5, which was adopted.
H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 5, which was adopted.
H. 4159 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE AUTHORIZED MILLAGE WHICH MAY BE LEVIED, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 5, which was adopted.
H. 4220 -- Rep. Wilkins: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE WHICH MAY BE LEVIED FOR THE OPERATION OF THE GREENVILLE COUNTY SCHOOL DISTRICT BY THE BOARD OF TRUSTEES, SO AS TO DELETE ANY AUTHORIZATIONS TO INCREASE THE MILLAGE OF THE DISTRICT ABOVE THE EIGHTY-NINE MILL LEVY WHICH IS PRESENTLY AUTHORIZED.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 5, which was adopted.
H. 4284 -- Rep. Wilkins: A BILL TO ESTABLISH A PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN GREENVILLE COUNTY PLUS ONE PERCENT, TO PROVIDE EXCEPTIONS, TO AUTHORIZE A LARGER INCREASE UPON APPROVAL BY THE COUNTY LEGISLATIVE DELEGATION, AND TO REPEAL ACTS 284 OF 1989 AND 251 OF 1991, RELATING TO THE GREENVILLE COUNTY SCHOOL DISTRICT AND ITS AUTHORIZED ANNUAL TAX MILLAGE.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 11, which was adopted.
S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.
Rep. McABEE explained the Joint Resolution.
Rep. HODGES moved that the House do now adjourn, which was adopted.
Rep. ROGERS moved to reconsider the vote whereby the House non- concurred in Senate Amendments to H. 3836 and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4345 -- Rep. G. Bailey, Wofford, A. Young, Gonzales: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE JOHN F. "JACK" WILBANKS OF SUMMERVILLE FOR OUTSTANDING SERVICE TO THE COMMUNITY.
H. 4327 -- Reps. Phillips, Carnell, Kinon, Marchbanks and L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY OF AIKEN COUNTY AND ITS ASSOCIATES OF GREIGE MILLS AND SERVICE AREAS FOR THEIR OUTSTANDING PERFORMANCE AND ACCOMPLISHMENT IN WORK SAFETY BY OPERATING FOR TWO YEARS WITHOUT A "LOST TIME" INJURY WHICH AMOUNTS TO OVER TWENTY-SEVEN MILLION WORK HOURS.
At 12:40 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Danny Williams of Horry County, to meet at 11:45 A.M. tomorrow.
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