Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:45 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, Who has created us in Your own image and called us to walk with You, we come not asking for tasks more suited to our ability but for ability to make us equal to our tasks. We are haunted by duties neglected, of deeds of kindness left unperformed and of lofty impulses unheeded. May we never shun or shirk any responsibility or fall below the measure of those who, in days gone, feared life so little because they feared God so much.
Enable us to hear clearly the voice of God saying: "Fear not, I am your shield, and Your exceeding great reward". 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.
Rep. TUCKER moved that when the House adjourns it adjourn in memory of Jessie Wingo of Anderson County, former member of the House, which was agreed to.
The following was received.
TO: The Honorable H. Howell Clyborne,Jr.
FROM: Robert J. Sheheen, Speaker
SUBJECT: Committee Assignment
DATE: February 4, 1992
It is with pleasure that I am today appointing you to serve on the Ways & Means Committee. I deeply appreciate your time and efforts in serving on this committee.
Received as information.
The following was received.
TO: The Honorable F. G. Delleney.
FROM: Robert J. Sheheen, Speaker
SUBJECT: Committee Assignment
DATE: February 4, 1992
It is with pleasure that I am today appointing you to serve on the Judiciary Committee. I deeply appreciate your time and efforts in serving on this committee.
Received as information.
The following was received.
TO: The Honorable Gilda Cobb-Hunter
FROM: Robert J. Sheheen, Speaker
SUBJECT: Committee Assignment
DATE: February 4, 1992
It is with pleasure that I am today appointing you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee.
I deeply appreciate your time and efforts in serving on this committee.
Received as information.
The following was received.
TO: The Honorable Brenda Council
FROM: Robert J. Sheheen, Speaker
SUBJECT: Committee Assignment
DATE: February 4, 1992
It is with pleasure that I am today appointing you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee.
I deeply appreciate your time and efforts in serving on this committee.
Received as information.
The following was received.
Document No. 1401
Promulgated By Budget and Control Board (Manufactured Housing Board)
Amend Uniform Standards for Manufactured Housing
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1992
Withdrawn February 4, 1992
Received as information.
The following was received.
Columbia, S.C., February 5, 1992
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. 189:
S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4118 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING STAMPS AND PERMITS ISSUED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, SO AS TO DECREASE THE AMOUNT OF THE FEES FOR CHARTER VESSEL PERMITS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4194 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 9, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL LIVESTOCK PROVISIONS, BY ADDING ARTICLE 7 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 853 -- Senators Saleeby and J. Verne Smith: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1096 -- Senator Mullinax: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR COUNTY MAGISTRATES' COURTS, SO AS TO REVISE THE JURY AREAS FOR ANDERSON COUNTY BY PROVIDING FOR ONE JURY AREA COUNTYWIDE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 263 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4033 -- Rep. Hayes: A BILL TO AMEND SECTION 44-71-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DISCRIMINATION IN HOSPICE PROGRAMS, SO AS TO REVISE THE BASIS FOR DISCRIMINATION TO INCLUDE ABILITY OR INABILITY TO PAY AND DIAGNOSIS OF PATIENT AND TO CLARIFY THAT A HOSPICE MAY NOT DISCRIMINATE ON THESE GROUNDS IN ACCEPTING PATIENTS OR IN PROVIDING SERVICES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4084 -- Rep. Harvin: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-14-342 IN CLARENDON COUNTY.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4204 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: A BILL TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-160 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS, SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION FOR EIGHTH GRADE STUDENTS, SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE, AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1067 -- Senators Setzler and Rose: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE AREAS OF NEED WHICH JUSTIFY CANCELLATION OF THE STUDENT LOAN AT A SPECIFIED RATE AND TO PROVIDE THAT BEGINNING JULY 1, 1989, RECIPIENTS OF A SOUTH CAROLINA STUDENT LOAN MAY HAVE THEIR LOANS CANCELED AT AN ACCELERATED RATE IF THEY TEACH IN BOTH AN ACADEMIC CRITICAL NEED AREA AND IN A GEOGRAPHIC NEED AREA.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Anderson Delegation, submitted a favorable report, on:
S. 988 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AUTHORIZE THE ANDERSON COUNTY FIRE PROTECTION COMMISSION TO APPOINT AND COMMISSION FIRE INVESTIGATORS WITH THE POWERS OF COUNTY LAW ENFORCEMENT OFFICERS AND TO PROVIDE FOR THEIR QUALIFICATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4347 -- Reps. Keyserling, Barber, Hendricks, Whipper and Rogers: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO STRENGTHEN ENERGY EFFICIENCY STANDARDS FOR MANUFACTURED HOUSING AND TO ALLOW STATES TO REQUIRE GREATER ENERGY EFFICIENCY MEASURES THAN REQUIRED BY THE FEDERAL STANDARDS AND THAT IF THESE MEASURES ARE NOT ACTED UPON BY THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BY 1993, THEN THE STATE OF SOUTH CAROLINA WILL SEEK OTHER REMEDIES TO ENSURE THAT ONLY ENERGY-EFFICIENT MANUFACTURED HOUSING IS ALLOWED TO BE SOLD IN THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4348 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH MANY HAPPY RETURNS OF THE DAY TO JAMES NORRIS, SR., OF DORCHESTER COUNTY, SOUTH CAROLINA, ON THE VERY SPECIAL OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1241 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILEY KOON, SR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1268 -- Senators Moore, Setzler, Hinson, Mitchell and Reese: 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 returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1242 -- Senator Wilson: A CONCURRENT RESOLUTION EXTENDING THE SINCERE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE CURTIS THOMAS WYCKOFF.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1243 -- Senators Mitchell, Gilbert, Passailaigue, Macaulay, Matthews, Courtney, Rose, Pope, Fielding, Patterson, Leventis, Robert W. Hayes, Jr., Holland, Drummond, Carmichael, Mullinax, Williams, Washington and Land: A CONCURRENT RESOLUTION TO COMMEND MISS ANISA KINTZ OF HORRY COUNTY FOR HER OUTSTANDING EFFORTS TO ATTACK RACISM AND TO EDUCATE OTHER CHILDREN AND ADULTS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4349 -- Reps. Chamblee, Waldrop, L. Elliott, Huff and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR PAVING OF PRIVATE RESIDENTIAL RIGHTS-OF-WAY ENTRANCES TO STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Ways and Means.
H. 4350 -- Reps. Smith, Sharpe, Rudnick, J. Brown and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-12-140 SO AS TO PROVIDE THAT A CABLE TELEVISION COMPANY OR CABLE TELEVISION SYSTEM MUST NOT DISCLOSE ANY INFORMATION COLLECTED BY IT REGARDING A SUBSCRIBER OR CONSUMER TO OTHER ENTITIES EXCEPT AS NECESSARY TO CONDUCT LEGITIMATE BUSINESS ACTIVITY RELATED TO THE CABLE SYSTEM, UPON COURT ORDER, OR WAIVER BY THE SUBSCRIBER OR CONSUMER.
Referred to Committee on Labor, Commerce and Industry.
H. 4351 -- Rep. Snow: A BILL TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference.
H. 4353 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference.
H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4355 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CERTIFIED WELL DRILLERS, BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4356 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (ASHLEY RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4357 -- Reps. Waites and Cromer: A BILL TO AMEND SECTIONS 61-3-490 AND 61-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR A BEER OR WINE PERMIT AND AN ALCOHOLIC LIQUOR LICENSE, SO AS TO REVISE THE NOTICE REQUIREMENTS TO MAKE THEM UNIFORM BY REQUIRING ADVERTISEMENT ONCE A WEEK FOR THREE CONSECUTIVE WEEKS TO INTERESTED CITIZENS, REQUIRING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO DETERMINE WHICH NEWSPAPERS MEET THE REQUIREMENTS, AND AUTHORIZING THE USE OF THE SAME ADVERTISEMENT FOR APPLICANTS FOR PERMITS AND LICENSES.
Referred to Committee on Labor, Commerce and Industry.
H. 4358 -- Rep. Phillips: A BILL TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4359 -- Reps. McAbee, Rhoad, T. C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4360 -- Reps. Wilkins, Harrison and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-247 SO AS TO ESTABLISH A STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM BY PROVIDING THAT COUNTY CLERKS OF COURT PROCESS CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT BY USING THE STATEWIDE AUTOMATED SYSTEM DEVELOPED IN CONJUNCTION WITH THE CLERKS OF COURT AND IMPLEMENTED THROUGH THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4361 -- Reps. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
Referred to Committee on Labor Commerce and Industry.
H. 4362 -- Reps. M. O. Alexander, Waldrop, Houck, Mattos, Koon, T.C. Alexander, Neilson, Manly, Cooper and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-925 SO AS TO PROVIDE AN ORGAN AND TISSUE CERTIFICATION FORM TO FACILITATE THE RECOVERY OF ORGANS AND TISSUES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4364 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FUNERAL SERVICES, RELATING TO EXAMINATIONS, CONTINUING EDUCATION, AND RECIPROCITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4365 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-353 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS IN GAME ZONE 2, AND TO PROVIDE A PENALTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4366 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR PLACES OF BUSINESS, SO AS TO REVISE CERTAIN STRUCTURAL REQUIREMENTS AND REQUIREMENTS FOR BUSINESS SIGNS; AND TO REPEAL SECTION 61-3-1010 RELATING TO THE DISPLAY OF RETAIL PRICES AND STOCK IN RETAIL ALCOHOLIC LIQUOR BUSINESSES.
Referred to Committee on Labor, Commerce and Industry.
H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.
Referred to Committee on Labor, Commerce and Industry.
H. 4371 -- Reps. Cork and Keyserling: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The following was introduced:
H. 4368 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE BILLIE S. FLEMING OF MANNING FOR HIS THIRTY-TWO YEARS AS BRANCH PRESIDENT OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP), TO COMMEND HIM ON HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THIS STATE, AND TO INVITE HIM TO APPEAR BEFORE THE GENERAL ASSEMBLY AT A TIME CONVENIENT FOR HIM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4369 -- Reps. Jennings, Harrelson, Cromer, Barber, Keyserling, Gentry, Wilder, J. Harris, Beasley, Baxley, Harwell, K. Burch, Kempe, Waites, Keegan, Scott, Farr, Neilson, Hodges, Canty, Glover, Riser, McCraw, Houck, Townsend, Anderson, Kinon, L. Elliott, McAbee, Altman, McKay, Whipper, Kennedy, Boan, H. Brown, L. Martin, Inabinett, Cork, Taylor, Snow, Corbett, Byrd, Wright, Harvin, McElveen, D. Elliott, Phillips, Beatty, Manly, McTeer, Foster, M. Martin and Delleney: A HOUSE RESOLUTION TO MEMORIALIZE THE SOUTHEAST COMPACT COMMISSION FOR LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT TO ADOPT A "GOOD NEIGHBOR" POLICY PRECLUDING THE LOCATION OF ANY NEW LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY ON ANY SITE WITHIN TEN MILES OF THE BORDER OF ANY NEIGHBORING STATE AND CALLING UPON THE SOUTH CAROLINA DELEGATES TO THE SOUTHEAST COMPACT COMMISSION TO INSIST UPON INCLUSION OF SUCH A POLICY IN ANY MILESTONES WHICH ARE PRESENTED TO THE REGIONAL COMPACT COMMISSION.
Whereas, the State of South Carolina has willingly and cooperatively met its obligations under the Southeast Low-Level Radioactive Waste Management Compact Law as the first host state and has continued to host a low-level radioactive waste disposal facility at Barnwell for in excess of twenty years; and
Whereas, under the compact agreement, "It is the policy of the party states to enter into a regional low-level radioactive waste management compact for the purpose of providing the instrument and framework for a cooperative effort . . . to distribute the costs, benefits, and obligations of successful low-level radioactive waste management equitably among the party states . . ."; and
Whereas, the State of North Carolina has been designated as the second host state for the next southeast regional low-level radioactive waste facility; and
Whereas, the State of North Carolina is proceeding to investigate and possibly develop its low-level waste facility on a site that is only two and three-tenths miles from the South Carolina border; and
Whereas, the site designated for investigation for the facility is adjacent to headwaters of tributaries of the Great Pee Dee and Little Pee Dee Rivers which serve as a major surface water supply for public water systems in northeastern South Carolina, including the Pee Dee and Grand Strand areas; and
Whereas, the North Carolina site is located in an area that discharges groundwater to the surface and into the Great Pee Dee and Little Pee Dee Rivers, and it is also located in an area of recharge for the Middendorf Formation which is a prolific, good quality aquifer used as a source of well water extensively in South Carolina; and
Whereas, it is acknowledged by reputable experts and agencies, including the United States Geological Survey and the International Atomic Energy Agency, that groundwater and surface water are mediums which have the highest potential for transport of accidental or undetected releases of radionuclides; and
Whereas, the site under consideration, which is located in Richmond County, North Carolina, poses a perceived and/or potentially real impact on large areas of South Carolina should a release of radionuclides occur from the facility; and
Whereas, the site in Richmond County, North Carolina, would impact a comparably small area of North Carolina and would present potential risks to a large concentration of people only in South Carolina; and
Whereas, if the site in Richmond County, North Carolina, is developed as the next regional facility, such action would be contrary to the intent of the Southeast Low-Level Radioactive Waste Management Compact provisions to "distribute the costs, benefits and obligations of successful low-level radioactive waste management equitably among the party states"; and
Whereas, the State of North Carolina has not met its obligations pursuant to the compact agreement in establishing a regional facility within the time frame established by the Southeast Compact Commission; and
Whereas, the Southeast Compact agreement effectively terminates the Barnwell, South Carolina, site as a regional facility on December 31, 1992, unless such date is amended by the South Carolina General Assembly; and
Whereas, Article V Section (b) of the Southeast Compact agreement provides that "a host state is not prevented from closing its facility or establishing conditions of use and operations as necessary for the protection of the health and safety of its citizens"; and
Whereas, the State of South Carolina has arduously supported and complied with the Southeast Compact agreement and the Low-Level Radioactive Waste Policy Act (P.L. 96-573) adopted by the United States Congress; and
Whereas, the people of the State of South Carolina have sacrificed to an extent unmatched by any other state in the Southeast Region or the nation; and
Whereas, the State of South Carolina is willing to support the efforts of its sister states to insure that the Southeast Compact remains intact to support and enhance the economy of South Carolina and the Southeast Region; and
Whereas, the Southeast Compact Commission recommended on October 25, 1991, that South Carolina extend the closing date of the Barnwell facility beyond December 31, 1992; and
Whereas, the Southeast Compact Commission will meet on February 14, 1992, in Atlanta to consider certain milestones which are to be met by the State of North Carolina in its siting and building of a low-level radioactive waste disposal facility; and
Whereas, the location of any low-level radioactive waste disposal site on the immediate border of any other neighboring state within the Southeast Region is an indication of bad faith and is violative of the spirit of equity and fairness contemplated by the Regional Compact agreements and law. Now, therefore,
Be it resolved by the House of Representatives:
That the Southeast Compact Commission for Low-Level Radioactive Waste Management is memorialized to promulgate within its site selection criteria and within any milestones which are promulgated for the State of North Carolina a "good neighbor policy" precluding the location of any new low-level radioactive waste facility site within ten miles of the border of any neighboring state.
Be it further resolved that the South Carolina House of Representatives calls upon the South Carolina delegates to the Southeast Compact Commission to present this resolution to the full commission and insists upon inclusion of such a policy in any milestones which North Carolina must agree to meet.
Be it further resolved that the South Carolina House of Representatives observe the action taken on this resolution by the Southeast Compact Commission and by the State of North Carolina as an indication of whether or not the Southeast Compact Commission and the State of North Carolina are acting in good faith in carrying out the compact's goals of fairness and equity.
Be it further resolved that a copy of this resolution be forwarded to the Southeast Compact Commission for Low-Level Radioactive Waste Management, Suite 100, 3901 Barrett Drive, Raleigh, North Carolina 27609, and to the South Carolina Commissioners of the Southeast Compact Commission for Low-Level Radioactive Waste Management.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4370 -- Reps. Hallman, Gonzales, Barber, Whipper, R. Young, Rama, D. Martin, J. Bailey, Fulmer, Holt and Inabinett: A CONCURRENT RESOLUTION SUPPORTING AND ENCOURAGING THE RELOCATION OF THE NATIONAL MEDAL OF HONOR MUSEUM TO PATRIOTS POINT NAVAL AND MARITIME MUSEUM IN CHARLESTON HARBOR; URGING THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE DEPARTMENT OF EDUCATION, THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, AND THE CITADEL TO LEND THEIR SUPPORT TO THIS EFFORT; AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY THAT PATRIOTS POINT DEVELOPMENT AUTHORITY USE CERTAIN MONIES TO ASSIST IN THESE RELOCATION COSTS AND THAT THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD RESTRUCTURE PAYMENT OF THE BALANCE OF THE LOAN AUTHORIZED IN ACT 623 OF 1990 FOR A FIVE-YEAR PERIOD WITHOUT THE PAYMENT OF INTEREST.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
S. 1175 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 5, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, JUNE 30, 1994, AND JUNE 30, 1995; AND TO ELECT A SUCCESSOR FOR A JUDGE OF THE FAMILY COURT WHOSE TERM EXPIRES JUNE 30, 1995.
The President announced that nominations were in order for a Judge of the Third Judicial Circuit.
Senator Land nominated Thomas W. Cooper, Jr., as follows:
"This man has been in competition with me, so it is great pleasure and with pride that I stand before you here today and place the name of Thomas W. Cooper, Jr. in nomination for the Third Judicial Circuit to succeed the Honorable Dan Laney who recently retired. Tommy Cooper is uniquely qualified, Representative Harvin, for this position. He is qualified by temperment and vice. I think we in the Third Circuit are especially gratified of his pending election and all people across South Carolina should be gratified because Tommy Cooper is a special person and we are proud of him in Clarendon County and the Bar unanimously endorsed him. He worked hard and I think all of you will have to agree that this is one of the hardest court races, even though there is no competition at the end, that we have had up here in a long time and I think that is good. I am proud that each and everyone of you had the opportunity to meet Tommy Cooper, because he is a special individual and uniquely qualified for this position and we will miss him in the Bar in Manning, but we look forward to his service as a judge and he is in the balcony today along with his wife, Margaret, his daughter, Judy, and his son Bland, and other members of his family. In fact, I see his mother seated there who is an excellent campaigner in her own right. I think those of you who have been called by her can so testify. But, it is certainly my pleasure today to nominate Thomas W. Cooper, Jr. for the Third Judicial Circuit. Thank you."
Rep. HARVIN, on behalf of the Clarendon and Williamsburg Delegations, seconded the nomination of Mr. Cooper.
On motion of Rep. HARVIN, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Thomas W. Cooper, Jr., was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Judge of the Seventh Judicial Circuit.
Senator Russell nominated J. Derham Cole as follows:
"Mr. President, Mr. Speaker, fellow colleagues, friends and guests...It is rare that you are asked to nominate an individual for the Circuit Court. You can spend your entire life in this Body of the General Assembly and probably never have that honor. It is indeed a great honor to do so. I rise today to nominate J. Derham Cole for the residency judgeship of the Seventh Judicial Circuit, which is Spartanburg, replacing the open seat vacated by Tee Ferguson. We are overjoyed to have a candidate of the caliber of Derham Cole apply for this job and have an interest in it. I have known Derham for 10 years. He has been a personal friend and a neighbor. I have practiced law with him on occasions. I don't need to go into what you already know, because he sits amongst us and you know him on a daily basis. He is a man of great ability, integrity and temperment, qualities that equipe him well for the job that he is about to undertake. As we have no contested elections, we all decided to kind of abbreviate the nominating speeches, but as this is a big day for us and an even bigger day for Derham, I want to acknowledge his wife, Candace, and his three children, Jonathan, Derham, Jr. and Carlson and his mother and father, Bud and Esther Cole are also here along with many, many relatives and brothers that I see in the balcony. The time is here and the face up on the architecture behind me who has witnessed and I speak of the clock, the comings and goings of this Body of the General Assembly for many years. I know we will smile at this and I know South Carolina will be better for this and I know the Court System will be better for this. So, the time is here, Mr. President, I move that the nominations be closed and that J. Derham Cole be elected by acclamation."
Rep. PHILLIPS, on behalf of the Cherokee Delegation, and Rep. WELLS, on behalf of the Spartanburg Delegation, seconded the nomination of Mr. Cole.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. J. Derham Cole was duly elected for the term prescribed by law.
I abstain from voting on the Circuit Judge of the Seventh Judicial Circuit.
Rep. CANDY WAITES
The President announced that nominations were in order for a Judge of the Eighth Judicial Circuit.
Rep. BOAN nominated James W. Johnson, Jr., as follows:
"Mr. Speaker, members of the Joint Assembly...I come to you today to nominate James W. Johnson from Clinton to the Circuit Court. Jim Johnson has been a friend of mine since he has been here. We have had alot of common interest, similar values and in his own quiet way, he has been a leader in this House of Representatives, as a member of the Ways and Means Committee, Joint Bond Review Committee, previous member of the Budget Conference Committee. I am kind of like Senator Land, I hate to see him go. Jim, from Clinton, is a man who is a family man. The House met his family earlier. His wife, Jean, and four children. His mother and in-laws are here today and we would like to welcome them to the Joint Assembly as well. We are glad to have you with us. I have been to so many swearing ins over the summer of these new judges, I know all the characteristics now that qualifies one for a good judge, integrity, humility, knows the law, and good temperment, good common sense and I can tell you that Jim Johnson has all those characteristics. It is my pleasure today to nominate Jim Johnson from Clinton for the Circuit Court. Thank you."
Rep. STODDARD and Senator Bryan, on behalf of the Laurens Delegation, Rep. CARNELL, on behalf of the Greenwood Delegation, and Rep. SHIRLEY, on behalf of the Abbeville Delegation, seconded the nomination of Mr. Johnson.
On motion of Rep. SHEHEEN, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. James W. Johnson, Jr., was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Third Judicial Circuit, Seat 3.
Senator Land nominated Ralston Wright Turbeville as follows:
"Mr. Speaker, members of the South Carolina Joint Assembly, ladies and gentlemen of South Carolina...It is customary to start out a nominating speech by saying it is my pleasure to stand before you here today, but this will have to be different. It is not a pleasure for me to stand before you today and nominate R. Wright Turbeville, my law partner of 16 years to the Family Court bench in the Third Judicial Circuit and I mean that sincerely. Wright and I have practiced law together for 16 years and if we ever had a misunderstanding or a cross word, it went over my head. Wright is a fine boy. He grew up in Turbeville, one of 17 children, the last of 17 children. He got his education at Wofford College and then he went to Emory to Divinity School and he was a Methodist minister for 10 years before going to law school. I don't know whether being in the ministry caused him to go to law school or exactly what, but he is an outstanding person and he will do an outstanding job on the Family Court bench. My law partners who are seated in the balcony with him, along with his daughter, are so proud of him, but at the same time, we are sorry to see him leave our firm where he has practiced law with such distinction over the years and Wright, I wish you great luck in the future and God's speed. I place the name of R. Wright Turbeville in nomination. Thank you."
Rep. HARVIN, on behalf of the Clarendon and Williamsburg Delegations, seconded the nomination of Mr. Turbeville.
On motion of Senator Land, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ralston Wright Turbeville was duly elected for the term prescribed by law.
Rep. CROMER remarks for the record:
I shall abstain from voting for the following Judicial seats.
1. Third Judicial Circuit Family Court.
2. Eighth Judicial Circuit.
3. Seventh Judicial Circuit.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:20 P.M. the House resumed, the SPEAKER in the Chair.
Rep. BOAN moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
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 Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw 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 Wednesday, February 5.
John B. Williams Robert Barber Joseph McElveen J. W. Johnson Jr. Gene Stoddard
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 4.
John B. Williams
Announcement was made that Dr. Roger A. Gaddy of Winnsboro is the Doctor of the Day for the General Assembly.
The Reading Clerk of the House read the following House Resolution:
H. 4059 -- Rep. Kirsh: A HOUSE RESOLUTION TO SET WEDNESDAY, FEBRUARY 5, 1992, AT 2:30 P.M. AS THE TIME FOR ELECTING MEMBERS TO FILL VACANCIES ON THE STATE REORGANIZATION COMMISSION AND HOUSE LEGISLATIVE ETHICS COMMITTEE.
The SPEAKER announced that nominations were in order for two members of the State Reorganization Commission.
Rep. GENTRY nominated Rep. WALDROP.
Rep. A. YOUNG nominated Rep. G. BAILEY.
Rep. BARBER nominated Rep. J. BAILEY.
The House voted by electric roll call.
The following named Representatives voted for Rep. WALDROP:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Baxley Beasley Bennett Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Chamblee Clyborne Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jennings Johnson, J.W. Keegan Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McTeer Meacham Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
The following named Representatives voted for Rep. G. BAILEY:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Glover Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Kinon Kirsh 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 Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Waites Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
Of which Rep. WALDROP received 96
Of which Rep. G. BAILEY received 108
Rep. HOLT withdrew Rep. J. BAILEY as a candidate.
Whereupon, the SPEAKER announced that Reps. WALDROP and G. BAILEY having received a majority of the votes cast, were duly elected for the term prescribed by law.
Due to my error I failed to vote for Rep. GEORGE BAILEY. I wish to record my vote for him.
Rep. DAVE C. WALDROP, JR.
The SPEAKER announced that nominations were in order for one member of the House Legislative Ethics Committee.
Rep. SHARPE nominated Rep. J. ROLAND SMITH.
Reps. BENNETT and WILDER seconded the nomination.
Rep. WAITES nominated Rep. CROMER.
The House voted by electric roll call.
The following named Representatives voted for Rep. SMITH:
Anderson Bailey, G. Barber Beasley Beatty Bennett Brown, G. Brown, H. Bruce Burch, K. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Council Delleney Elliott, D. Fair Felder Fulmer Gentry Glover Gonzales Hallman Harrelson Harwell Hendricks Hodges Holt Huff Inabinett Johnson, J.W. Kennedy Kinon Koon Lanford Littlejohn McAbee McCraw McKay McTeer Phillips Quinn Rhoad Ross Sharpe Shirley Smith Snow Stoddard Stone Sturkie Townsend Vaughn Waldrop White Wilder Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
The following named Representatives voted for Rep. CROMER:
Alexander, M.O. Alexander, T.C. Altman Baker Baxley Boan Brown, J. Byrd Corbett Cork Corning Cromer Elliott, L. Foster Harris, J. Harris, P. Harrison Haskins Houck Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Kirsh Klapman Manly Martin, M. Mattos McElveen McGinnis McLeod Meacham Nettles Rama Riser Rogers Scott Sheheen Shissias Taylor Tucker Waites Wilkes Wilkins
Of which Rep. SMITH received 66
Of which Rep. CROMER received 46
Whereupon, the SPEAKER announced that Rep. J. ROLAND SMITH, having received a majority of the votes cast, was duly elected for the term prescribed by law.
My yea vote did not register on the vote for Rep. SMITH for the Ethics Committee.
Rep. HARRY HALLMAN
Rep. GONZALES moved to adjourn debate upon the following Bill until Thursday, February 6, which was adopted.
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.
The following Joint Resolution was taken up.
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. McLEOD demanded the yeas and nays on the passage of the Joint Resolution, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McLeod Meacham 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. Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Burch, K. Harris, J. Lanford
So, the Joint Resolution was read the third time, and ordered sent to the Senate.
I was unavoidably out of the Chamber when the House voted on H. 4321. Since I would have voted in favor of this Joint Resolution, I wish to be recorded in the House Journal as voting for the passage of the Joint Resolution on third reading.
Rep. JOSEPH T. McELVEEN, Jr.
February 5, 1992
The following Bill was taken up.
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.
Reps. CATO and VAUGHN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18748.SD), which was tabled, later reconsidered and rejected.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A referendum in the Greenville County School District must be conducted at the same time as the 1992 general election with the following question submitted to the qualified electors of the district:
"Do you favor granting to the Board of Trustees of the Greenville County School District the authority to levy without limitation that tax millage necessary to provide for the general operations of the school district?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The county commissioners of election of the respective counties of the school district shall conduct and supervise this referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum ninety days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.
SECTION 2. If the results of the referendum conducted at the 1992 general election are in support of granting the Board of Trustees of the Greenville County School District the authority to levy without limitation that tax millage necessary to provide for the general operations of the school district, on January 1, 1993, the board is granted such authority and on this date Sections 1, 2, 3, and 4 of Act 251 of 1991 are repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 7 to 6.
Rep. ANDERSON moved to reconsider the vote whereby Amendment No. 1 was tabled.
Rep. WILKINS moved to table the motion to reconsider, which was not agreed to by a division vote of 6 to 7.
The question then recurred to the motion to reconsider, which was agreed to.
The question then recurred to the adoption of Amendment No. 1, which was rejected by a division vote of 6 to 6.
Rep. VAUGHN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18750.SD), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Sections 1, 2, and 3 of Act 251 of 1991 are repealed./
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18786.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 251 of 1991 is amended to read:
"Section 1. Beginning in 1992, the Board of Trustees of the Greenville County School District is authorized to increase the tax millage levied for the operation of the district by not more than two mills in any one year and by not more than a total of three four mills in any two-year period."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. VAUGHN moved to table the amendment, which was not agreed to by a division vote of 3 to 10.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 10 to 3.
The following Bill was taken up.
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. CLYBORNE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\3636.AL), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A referendum in the Greenville County School District must be conducted at the same time as the 1992 general election with the following question submitted to the qualified electors of the district:
"Do you favor granting to the Board of Trustees of the Greenville County School District the authority to increase the tax millage levied for the general operations of the district by not more than four mills a year without a referendum beginning with the year 1993?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The county commissioners of election of the respective counties of the school district shall conduct and supervise this referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum ninety days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.
SECTION 2. If the results of the referendum conducted at the 1992 general election are in support of granting the Board of Trustees of the Greenville County School District the authority to increase the tax millage levied for the general operations of the district by not more than four mills a year without a referendum beginning with the year 1993, the board is granted such authority on January 1, 1993, and on that date Sections 1, 2, and 4 of Act 251 of 1991 are repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. MANLY moved to table the amendment, which was not agreed to by a division vote of 6 to 8.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 7 to 6.
Rep. WILKINS moved to table the Bill, which was not agreed to by a division vote of 6 to 7.
The question then recurred to the passage of the Bill, as amended, which was agreed to by a division vote of 7 to 6.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 6, 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.
The following Bill was taken up.
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.
Reps. HASKINS and WILKINS proposed the following Amendment No. 1, which was adopted.
Amend the bill, as and if amended, by adding the following
/(I) Notwithstanding other provisions or limitations contained in this Act the amount of tax millage may not be increased by more than four mills in any one budget year unless said increase shall be approved by the certified electors within the district by public referendum. However no referendum shall be required if the proposed increase is necessary due to funding decreases from the State or Federal Government./
For purposes of this section, a funding decrease is defined as an actual reduction in the total State and Federal Funds received when compared to the previous year.
Also, delete Sections (F) and (G).
Rep. HASKINS explained the amendment.
The amendment was then adopted by a division vote of 8 to 4.
The Bill, as amended, was read the second time and ordered to third reading.
The motion of Rep. HODGES to reconsider the vote, whereby debate was adjourned on veto H. 3834, R. 259, was taken up.
Rep. HODGES moved to table the motion to reconsider, which was agreed to.
The motion of Rep. ROGERS to reconsider the vote, whereby the House non-concurred in Senate Amendments to H. 3836, was taken up.
Rep. HODGES moved to table the motion to reconsider.
Rep. J. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baker Baxley Beatty Boan Brown, G. Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Council Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Harrelson Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Hyatt Jaskwhich Jennings Johnson, J.W. Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Phillips Quinn Rama Riser Ross Rudnick Sharpe Sheheen Shirley Shissias Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Bailey, J. Barber Byrd Cobb-Hunter Fulmer Gonzales Hallman Holt Inabinett Kennedy Rhoad Scott Whipper White Williams, D. Young, R.
So, the motion to reconsider was tabled.
On motion of Rep. FELDER, with unanimous consent, the following Joint Resolution was introduced, read the first time, and ordered placed on the calendar without reference.
H. 4372 -- Reps. Felder, Foster, Bennett, Cobb-Hunter, Anderson, Beatty, J. Brown, Byrd, Canty, Glover, Inabinett, D. Martin, Scott, Taylor, Whipper, White, D. Williams, Rhoad and Council: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.
The veto on the following act was taken up.
H. 3834 -- Rep. Wilkins: 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.
Rep. CROMER spoke against the veto.
On motion of Rep. TAYLOR, with unanimous consent, Rep. CROMER's remarks were ordered printed in the Journal as follows:
"Mr. Speaker, ladies and gentlemen, I would like to take a few minutes to comment on the Governor's veto message delivered to the Speaker last Wednesday night. In that message, he specifically mentioned my House District - District 80 - in a direct reference. That discussion makes it incumbent upon me to make these comments at this time. While being very respectful of the Governor and very supportive of many of his measures - including his current bill on restructuring on which I am a co-sponsor - I nevertheless must act in the best interest of my constituency: Lower Richland County. It is for that interest which I speak before you today.Apparently, the governor's office and other plans before this body believe that minority interests are actually harmed due to the fact that Bluff Precinct remains in District 80. Upon reading this belief, I felt pressured to evaluate the Governor's reapportionment plan to see what his views for Lower Richland County entailed. Reading the letter of his veto message, one would presume that the Governor's plan would remove Bluff Precinct from District 80, place it in District 70, and replace that population with some 4000 people from another area somewhere near the vicinity of the Lower Richland Community. This minor modification is far from the Governor's reapportionment proposals 1 and 2. First of all, let's look at the ramifications of this placing Bluff Precinct into District 70. To do so would be to effectively increase the minority percentage of an already minority electable district and necessarily eliminate the biggest minority population in the heaviest minority-influenced House District in Richland County. Who wins? District 70 still has the same minority electable seat while District 80 has completely lost the majority of its strong minority influence (42%). What about the people in Bluff Precinct? Bluff's formerly strong influential voice has been engulfed in another district. Who wins? Unless minority influence is no longer a consideration of reapportionment, minority voters lose under this scenario. Consequently, even following the inference suggested in the veto message would reduce not enhance minority influence in Lower Richland County.
Secondly, I need to discuss a concept which at times seems to have been lost by the wayside in the ordeal of reapportionment. I am speaking of the concept called 'community of interest.' Everyone in this chamber represents a community of interest - Levola Taylor and I collectively represent a community known as Greater Lower Richland. To my rural colleagues I ask that you realize that Lower Richland is not merely 'another part of Columbia,' but rather is an independent free-standing community in its own right. Lower Richland has a community history which dates back to early settlements in the late 1700s. Therefore, with my 'community of interest' in mind, I re-examined the Governor's plans after reading his veto message. The impact: virtually complete dis-integration of the community of interest known as 'Lower Richland.' These and other reapportionment plans leave intact only three of nine existing precincts. These plans add 8 new precincts including 6,500 people in Kershaw County plus large populations in Pontiac and Wildewood which result in total new populations of near 12,000 people: 12,000 people who would not even be geographically contiguous if it were not for the fictitious voter populations of Fort Jackson. Who wins? Certainly not the 'community of interest' I know as Lower Richland. Pure fact, not fiction, is the community of interest to which I refer. Again I ask my rural colleagues to empathize. In Lower Richland we have a close-knit, racially-balanced community whom anyone in this chamber could and would be proud to represent. In our immediate community, we have four grocery stores and numerous churches of all faiths. Most of our teenagers go to the same high school and middle school. We have five feeder elementary schools and two parks for the recreational activities of our youth. To my knowledge, we have three Masonic lodges, one Eastern Star Order, and two Ruritan Clubs - (I'm in the oldest). Fort Jackson and McEntire Air National Guard Base are in our community along with approximately ten established restaurants, four day care centers, and three major employers: Square D, Westinghouse and Defender Industries. We have two golf courses, soon to be town, one driving range and three shopping centers. We have around eight beauty shops and three barber shops, one pool hall, six bars and three banks. Most recently, we have even acquired one fortune teller who has opened a business on Garners Ferry Road. The specificity with which I describe our community is to illustrate a point: We shop, worship, go to school, exercise, recreate, socialize, eat and work together - all within the parameters of Leesburg Road, Tom's Creek flowing down to Bluff Road, and back up to the Sumter Highway. By and large, we live together - black/white; Gentile/Jew; Catholic/Protestant; rich/poor, and everything in between: a community of interest in the purest sense. It is for the preservation of the community of interest of Lower Richland, and not for self preservation, that I speak. My community is not a community of only blacks, whites, Republicans or Democrats, but rather a community of all the above. Not being affiliated with a party, I catch a lot of good-natured ribbing from my good friends like Terry Haskins, John Rama, Jim Harrison, as well as my good friends like Tim Rogers, Jimmy Bailey and John Scott. All joking aside, however, I am neither a Republican nor a Democrat. Rather I am an Independent who really worked to get here and who still works very hard to represent a community which is getting along just fine: black and white, rich and poor - a community of interest. It is for that community that I will vote to override the Governor's veto in favor of the legislative plan on which we worked so very hard and to which the public had a chance to contribute. How has the public gotten lost in the reapportionment plan? It is my conviction that the only plan to which the public has had a chance to contribute is the legislative plan. It is the legislative plan, above all other plans, which has factored mine and other's 'communities of interest' which have seemingly become lost in other various plans introduced to this body and to the courts. In conclusion, when reapportionment is over - with whatever result - I pray that the emotional drain I have experienced will pass with it. This has been the strangest of times: We don't always mean what we do or what we say; We don't always want what we vote for or vote against to really happen. This has been the strangest of times. The racial angles have been the most difficult for me. I joined this body as an Independent from a racially mixed district; I vote in a racially mixed precinct, I reside in a racially mixed subdivision; I worship in a racially mixed church. The precious little time I have for socializing with friends is racially mixed as well. What I am trying to say is why dis-integrate a racially-mixed community of interest which is getting along just fine? Efforts from whatever person or whatever group of persons which tend to polarize whites from blacks are disturbing and I think they are wrong: Wrong if you're white; wrong if you're black. Wrong. Let's all get back together and move forward for this State and the 'communities of interest' we represent. Thank you."
Rep. WHIPPER spoke against the veto.
Rep. SHEHEEN spoke against the veto.
Rep. HASKINS spoke in favor of the veto.
Reps. HARWELL and WHITE spoke against the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harvin Harwell Hodges Holt Houck Hyatt Inabinett Jennings Johnson, J.W. Kempe Kennedy Keyserling Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Smith Snow Stoddard Taylor Townsend Tucker Waites Waldrop Whipper White Wilder Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Baker Beasley Brown, H. Bruce Burch, K. Cato Clyborne Cole Cooper Corbett Cork Corning Council Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Sharpe Shissias Sturkie Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I did not mean to vote on the Governor's veto. I would like the record to reflect that I do not take a stand on either sustaining or overriding the veto.
Rep. KIM BURCH
The veto on the following Act was taken up.
(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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harvin Harwell Hodges Holt Houck Hyatt Inabinett Johnson, J.W. Kempe Kennedy Keyserling Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Smith Snow Stoddard Taylor Tucker Waites Waldrop Whipper White Wilder Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Bailey, G. Baker Beasley Brown, H. Bruce Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Council Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Jaskwhich Jennings Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Sharpe Shissias Sturkie Townsend Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
February 5, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3836:
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.
and asks for a Committee of Conference and has appointed Senators Holland, McConnell and Matthews of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HODGES, GENTRY and WHIPPER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. J. BAILEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4348 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH MANY HAPPY RETURNS OF THE DAY TO JAMES NORRIS, SR., OF DORCHESTER COUNTY, SOUTH CAROLINA, ON THE VERY SPECIAL OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
At 4:50 P.M. the House in accordance with the motion of Rep. TUCKER adjourned in memory of Jessie Wingo of Anderson County, former member of the House, to meet at 10:00 A.M. tomorrow.
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