Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Be with us, Lord, as we move into the business of this day causing us to sow seed worthy of a golden harvest. Make us big enough to honestly admit our shortcomings; wise enough to accept flattery without conceit; strong enough to welcome criticism; compassionate enough to understand human needs; loyal enough to stand by friends; thoughtful enough to be concerned about others; and most of all serious enough to be devoted to our God. Give to us all such a measure of fidelity to the best as to earn Your divine approval: "Well done, good and faithful servant". 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. WILDER moved that when the House adjourns it adjourn in memory of Mr. Gainey Creech of Barnwell, longtime attendant to the late Speaker Emeritus Solomon Blatt, which was agreed to.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
March 20, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the three Du Pont operating facilities here in South Carolina and our Conoco subsidiary, I would like to invite the members of the House of Representatives, their spouses and members of their staff to attend our annual reception on April 29, 1992. The reception will be at the Marriott Hotel in Columbia from 6:00 P.M. until 8:00 P.M. The reception will conform with all aspects of the "Ethics, Government Accountability, and Campaign Reform Act of 1991."
This annual reception has always been an excellent opportunity for members of our management team to meet the governmental leaders of our State and share with them their thoughts and plans for Du Pont's future in South Carolina. We have always had very good response for the event and we hope that will be the case this year.
As in the past, we will also be inviting members of the Senate, Constitutional officers and regulatory bodies with which we deal. In addition, representatives from our trade associations will also be invited.
I look forward to a favorable reply and seeing you at the reception on April 29, 1992.
Sincerely,
Walter B. Clark
External Affairs Manager
The following was received.
Columbia, S.C., March 24, 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. 1206:
S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: A BILL TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4256 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER, PROHIBIT CERTIFICATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4170 -- Rep. Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT FOR ANY GENERAL ELECTION RATHER THAN JUST FOR THE 1990 GENERAL ELECTION, REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE MAY BE PROPOSED AS A SINGLE AMENDMENT WITH ONLY ONE QUESTION BEING REQUIRED TO BE SUBMITTED TO THE ELECTORS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3211 -- Reps. Waites, Barber, Clyborne and P. Harris: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 IN ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report with amendments, on:
H. 4330 -- Rep. Clyborne: A BILL TO PROVIDE FOR THE ENACTMENT OF LEGISLATION BY INITIATIVE PETITION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4167 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4498 -- Reps. Clyborne, L. Martin, Marchbanks and Hendricks: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, AND TERRITORIAL JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE FIRST APPOINTED IN 1993 AND THEREAFTER, WITHIN SIX MONTHS OF THE BEGINNING OF HIS TERM, SHALL COMPLETE A TRAINING PROGRAM AND PASS A CERTIFICATION EXAMINATION ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THAT A NEWLY APPOINTED MAGISTRATE MAY EXERCISE THE DUTIES OF HIS OFFICE PENDING CERTIFICATION BUT NOT FOR MORE THAN SIX MONTHS AND PROVIDE THAT WHEN THE EXAMINATION IS NOT TIMELY PASSED, THE OFFICE IS DECLARED VACANT ON THE EARLIER OF THE DATE THE TIME EXPIRES OR WHEN HE IS NOTIFIED OF HIS FAILURE, TO REQUIRE A MAGISTRATE APPOINTED BEFORE 1993 TO PASS THE CERTIFICATION EXAMINATION BEFORE HE MAY BE REAPPOINTED, TO EXEMPT A MAGISTRATE WHO PASSES THE CERTIFICATION EXAMINATION FROM ANY FURTHER EXAMINATIONS DURING HIS CONTINUOUS SERVICE, AND TO PROVIDE THAT UPON NOTICE BY THE SUPREME COURT OR ITS DESIGNEE TO THE MAGISTRATE AND THE GOVERNOR OF THE MAGISTRATE'S FAILURE TO PASS THE CERTIFICATION EXAMINATION, THE MAGISTRATE'S OFFICE IS DECLARED VACANT, THE MAGISTRATE DOES NOT HOLD OVER, AND THE GOVERNOR SHALL APPOINT A SUCCESSOR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: A BILL TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4265 -- Reps. Kempe, Beatty and Clyborne: A BILL TO AMEND SECTION 18-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME AND MANNER AN APPEAL MUST BE TAKEN FROM A MAGISTRATE OR MUNICIPAL COURT, SO AS TO DELETE REFERENCES TO THE RECORDER OR JUDGE OF THE MUNICIPAL COURT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4133 -- Reps. Corning, Rudnick and Wilder: A BILL TO AUTHORIZE SHOPPING CENTERS AND BUSINESS OR COMMERCIAL ESTABLISHMENTS WHICH PROVIDE HANDICAPPED-ONLY PARKING SPACES ON PRIVATE PROPERTY TO ISSUE UNIFORM CITATIONS FOR VIOLATIONS OF THE USE OF SUCH PARKING SPACES, IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3097 -- Reps. Baxley, Whipper, Wilder, Manly, Burch, Corning, Quinn, Wells and Waites: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INTERPRETER FOR A DEAF PERSON WHO IS A PARTY TO A LEGAL PROCEEDING OR CONFINED TO AN INSTITUTION, SO AS TO ESTABLISH THE POSITION OF COURT INTERPRETER FOR THE DEAF AND TO PROVIDE FOR HIS FUNCTIONS, DUTIES, AND QUALIFICATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: A BILL TO AUTHORIZE A POLITICAL SUBDIVISION WHICH OPERATES A SEWER SYSTEM AUTHORIZED BY LAW TO PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4429 -- Reps. Tucker, Haskins, Cobb-Hunter, Stone, McCraw, G. Bailey, Corning, Wells, Wofford, L. Elliott, Mattos, McAbee, D. Martin, Holt, Phillips, Kempe, J. Brown, K. Burch, Riser, Beatty, Wright, Harrison, Smith, Kinon, T.C. Alexander, Vaughn, McGinnis, Littlejohn, Rhoad, Barber, Chamblee, Gonzales, Meacham, Farr, L. Martin, Marchbanks and Hyatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4297 -- Reps. Phillips and Farr: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: A BILL TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4519 -- Rep. G. Bailey: A BILL TO AMEND SECTION 56-9-351, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSE AND REGISTRATION AFTER AN ACCIDENT, SO AS TO DELETE PROVISIONS RELATING TO SUSPENSION OF DRIVER'S LICENSE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1109 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-60 SO AS TO PROHIBIT FREE TUITION FOR A MEMBER OF THE BOARD OF TRUSTEES OF A STATE SUPPORTED POST-SECONDARY EDUCATION INSTITUTION OR MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
On motion of Rep. FAIR, with unanimous consent, the following was taken up for immediate consideration:
H. 4597 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS WEDNESDAY, DECEMBER 2, 1992, THROUGH FRIDAY, DECEMBER 4, 1992, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, thirty-eight states have successful Youth in Government programs, and thousands of young people have participated in a model legislature and leadership assembly sponsored by the Young Men's Christian Association; and
Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop an enthusiasm about government and community affairs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly authorize the Young Men's Christian Association to use the Senate and House of Representatives Chambers Wednesday, December 2, 1992, 8:00 a.m. to 10:00 a.m., Thursday, December 3, 1992, and Friday, December 4, 1992, 8:00 a.m. until 5:00 p.m., to conduct a Youth in Government program. No charge may be imposed for the use of the chambers by the Young Men's Christian Association for this purpose.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4598 -- Reps. Inabinett, Harwell, Whipper, D. Martin, Holt and J. Bailey: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON SOUTH CAROLINA HIGHWAY 174 IN CHARLESTON COUNTY CROSSING THE DAWHOO RIVER AS THE McKINLEY WASHINGTON, JR., BRIDGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1417 -- Senator Land: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF JAMES R. BURROWS OF SUMTER WHO DIED WEDNESDAY, MARCH 4, 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1419 -- Senators Shealy, Reese, Pope, Hinds, Peeler, Courtney, Setzler, Bryan, Thomas, Giese, Wilson, Macaulay, J. Verne Smith, Moore, Leatherman, Lourie, Passailaigue, Mitchell and Rose: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE HIGHWAY PATROL TO NOTIFY MOTORISTS OF THE INCREASE IN RECOUPMENT FEES FOR VARIOUS TRAFFIC OFFENSES WHEN A DRIVER IS STOPPED FOR AN OFFENSE OF ANY TRAFFIC LAW.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4599 -- Rep. Altman: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND SALE OF FISHING STAMPS AND PERMITS, SO AS TO REVISE THE FEE FOR CERTAIN CHARTER VESSEL PERMITS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4600 -- Rep. Fair: A BILL TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY DECISION OF ANY COURT, THE GROSS PROCEEDS OF SALES, OR SALES PRICE, OF THE HOLY BIBLE ARE EXEMPTED FROM THE TAXES IMPOSED BY CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976 (SALES TAX).
Referred to Committee on Ways and Means.
H. 4601 -- Reps. Harvin and M. Martin: A BILL TO AUTHORIZE THE PAYMENT OF COUNTY PERSONAL PROPERTY TAXES AND REAL PROPERTY TAXES BY CREDIT CARD OR CHARGE CARD.
Referred to Committee on Ways and Means.
H. 4602 -- Reps. Scott, Corning, Harrison, Taylor and Canty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-68 SO AS TO PROVIDE THAT ANY SCHOOL DISTRICT OF THIS STATE WHICH DOES NOT HAVE A ONE HUNDRED THIRTY-FIVE DAY AVERAGE DAILY MEMBERSHIP (ADM) OF ONE THOUSAND TWO HUNDRED STUDENTS BEGINNING WITH THE 1993-94 SCHOOL YEAR SHALL HAVE STATE FUNDS APPROPRIATED FOR SCHOOL DISTRICT EMPLOYER CONTRIBUTIONS ALLOCATED TO IT BASED ON THE FORMULA IN EFFECT ON JANUARY 1, 1992, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means.
H. 4603 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS OF TERMS AND REQUIREMENTS FOR OFFICIAL RECOGNITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1453, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
Referred to Committee on Judiciary.
H. 4605 -- Rep. Haskins: A BILL TO AMEND SECTION 20-7-2840, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO REVISE THE REQUIREMENTS FOR THOSE HOMES WHICH ELECT TO PARTICIPATE IN A FEDERAL PROGRAM; TO AMEND SECTION 20-7-2890, RELATING TO CONSULTATION BY THE DEPARTMENT WITH OPERATORS IN FAMILY DAY CARE HOMES ON MAINTAINING STANDARDS, SO AS TO AUTHORIZE THE DEPARTMENT OR OTHER AUTHORIZED ENTITY TO ENTER THE HOME ON REQUEST AND TO OFFER CONSULTATION GENERALLY; AND TO AMEND SECTION 20-7-2975, AS AMENDED, RELATING TO CHILD CARDIOPULMONARY RESUSCITATION REQUIREMENTS FOR DAY CARE FACILITY STAFF, SO AS TO REQUIRE A FAMILY DAY CARE HOME TO BE APPROVED IN ADDITION TO BEING REGISTERED TO BE EXEMPT FROM THIS REQUIREMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4606 -- Reps. Whipper, Waites, Cobb-Hunter, Keyserling, Rogers, J. Harris, McTeer and H. Brown: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR SIXTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS FIFTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.
Referred to Committee on Ways and Means.
H. 4607 -- Reps. Neilson, McKay, L. Elliott, Inabinett, Littlejohn, Haskins, Manly, Snow, G. Brown and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-87 SO AS TO PROHIBIT THE OPERATION OF A VESSEL WITHIN FIFTY FEET OF A VESSEL DISPLAYING A DIVER'S FLAG AND PROVIDE PENALTIES AND EXCEPTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4608 -- Reps. Huff, Smith, Kirsh and Phillips: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO AUTHORIZE A SPECIAL TAX DISTRICT TO BE CREATED FOR EDUCATION PURPOSES.
Referred to Committee on Judiciary.
H. 4610 -- Rep. Stoddard: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT ONE PLATE MAY BE ISSUED TO A DEALER OR WHOLESALER REGARDLESS OF WHETHER OR NOT HE HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN SALES OF MOTOR VEHICLES WITHIN THE TWELVE-MONTH PERIOD PRECEDING HIS APPLICATION.
Referred to Committee on Education and Public Works.
S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.
Referred to Committee on Judiciary.
S. 860 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 39 SO AS TO ENACT THE UNIFORM TRADE SECRETS ACT.
Referred to Committee on Labor, Commerce and Industry.
S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES.
Referred to Committee on Ways and Means.
S. 1300 -- Senators McConnell, Stilwell, Rose, Moore, Leventis, Bryan, Robert W. Hayes, Jr., Courtney and Wilson: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
Referred to Committee on Judiciary.
S. 1403 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE PORT OF CHARLESTON, RELATING TO HARBOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1404 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO ROOFING LICENSE/LATE RENEWAL PENALTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1413, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO FAILURE OF EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1406 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 4609 -- Reps. McAbee, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A HOUSE RESOLUTION INVITING THE JOINT LEGISLATIVE COMMITTEE ON TOURISM AND TRADE, THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE WADE HAMPTON CHORAL GROUP, AND THE PELHAM ROAD ELEMENTARY SINGERS TO ATTEND A HOUSE ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1992, AT 10:30 A.M., FOR THE PURPOSE OF RECOGNIZING THE IMPORTANCE OF TOURISM IN SOUTH CAROLINA AND PRESENTING THE HIGHLY ACCLAIMED ORIGINAL SONG, "COMING HOME", WHICH PAYS TRIBUTE TO THE CITIZENS OF SOUTH CAROLINA, AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THESE GROUPS AND PERSONS ON THE DATE AND AT THE TIME STATED AND FOR THE PURPOSES NAMED ABOVE.
Whereas, the State's travel and tourism industry has an economic impact of $6.3 billion and affects 172,000 jobs in the State's economy; and
Whereas, South Carolinians' friendly and warm hospitality represents a key element in promoting the State's appeal to visitors, along with the State's beautiful outdoors, its sunny climate, outstanding attractions, and important history; and
Whereas, the State's tourism promotion campaign acknowledges the importance of friendly South Carolinians in its tourism slogan, "South Carolina: Smiling Face, Beautiful Places"; and
Whereas, the Longwoods International Inc. Travel USA 1991 study underscores the vital importance of hospitality to a strong tourism economy. The study shows that vacationing in a "hospitable place that is safe, relaxing, warm, and friendly" is very significant to travelers. South Carolina ranks fourteenth among the fifty states as a touring destination; and
Whereas, revenue from the state's travel and tourism industry cuts two hundred seventy dollars from each household's state and local tax bill; and
Whereas, tourism revenue enhances the quality of life in South Carolina and reaches into all areas of the State; and
Whereas, visitors from Canada and Europe have acknowledged the State's friendly atmosphere and abundant vacation opportunities by spending more than one hundred million dollars within the State; and
Whereas, it is important to the members of the House of Representatives to have the opportunity to salute the State of South Carolina and its people through the lyrics of the original new song, "Coming Home". Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, invite the Joint Legislative Committee on Tourism and Trade, the South Carolina Department of Parks, Recreation and Tourism, the Wade Hampton Choral Group, and the Pelham Road Elementary Singers to attend a House assembly in the Hall of the House of Representatives on Wednesday, April 15, 1992, at 10:30 A.M., for the purpose of recognizing the importance of tourism in South Carolina and presenting the highly acclaimed original song, "Coming Home", which pays tribute to the citizens of South Carolina.
Be it further resolved that the privilege of the floor of the House of Representatives be extended to the above-named groups and persons on the date and at the time stated above and for the purposes named above.
Be it further resolved that copies of this resolution be forwarded to the chairman of the Joint Legislative Committee on Tourism and Trade, the executive director of the South Carolina Department of Parks, Recreation and Tourism, the Wade Hampton Choral Group, and the Pelham Road Elementary Singers.
The Resolution was adopted.
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 Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McGinnis McKay Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, March 25.
Roland Corning E.B. McLeod, Jr. C. Lenoir Sturkie Larry Koon Stephen Gonzales Morgan Martin Maggie Glover Larry Gentry Doug McTeer C. Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. SHISSIAS a leave of absence for the day.
Reps. KOON and GONZALES signed a statement with the Clerk that he came in after the roll call of the House and were present for the Session on Tuesday, March 24.
Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 17.
Rep. BAXLEY presented the singing group, "School Daze" and its directors from the S.C. School for the Deaf and Blind. The group performed two selections.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.
H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.
H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.
H. 4309 -- Reps. Boan, Barber, Mattos, Kinon, Kirsh, Rogers, McKay, White, J.W. Johnson, Klapman, Holt, Felder, McTeer, H. Brown, P. Harris, Keyserling, Quinn, McAbee, D. Elliott, Foster, McCraw, J. Harris, Carnell and McGinnis: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF SWORN LAW ENFORCEMENT OFFICERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
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.
H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1203 -- Senator Setzler: A BILL TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. RAMA having the floor.
S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".
Rep. RAMA relinquished the floor.
The Bill was read the second time and ordered to third reading.
Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, March 31, which was adopted.
H. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
H. 4106 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
H. 4107 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
H. 4101 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
The following Bill was taken up.
H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 19, by the Committee on Education and Public Works.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4425 -- Reps. Altman, P. Harris, Houck, Manly, Rama, Tucker and White: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.
Rep. CARNELL moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Rep. RHOAD moved to table the Bill, which was agreed to.
The following Joint Resolution was taken up.
S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6354.HC), which was adopted.
Amend the resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Notwithstanding the provisions of Section 12-36-90(1)(c)(iii)(C) of the 1976 Code, co-payments required pursuant to written motor vehicle warranty contracts on warranty work performed before October 1, 1991, do not subject the value of the parts replaced to the sales and use tax under the definition of "gross proceeds of sales" of Section 12-36-90 of the 1976 Code.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6308.HC), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Article 1, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-335. (A) For purposes of this section, the administrative tax process includes all matters connected with presentation to any state or local tax authority or any of their officials or employees relating to a client's rights, privileges, or liabilities under laws, regulations, or rules administered by state or local tax authorities. These presentations include the preparation and filing of necessary documents, correspondence with, and communications to state and local tax authorities, and the representation of a client at conferences, hearings, and meetings.
(B) State and local government tax officials and state and local government employees may represent their offices, agencies, or both during the administrative tax process.
(C) Taxpayers may be represented during the administrative tax process by the same individuals allowed to represent them in administrative tax proceedings with the Internal Revenue Service pursuant to Sections 10.3(a), (b), and (c); Section 10.7(a)(1) through (4) and (7); and Section 10.7 (b) and (c) of United States Treasury Department Circular No. 230 as revised through March 1986, unless they have been suspended or disbarred pursuant to subsection (D) of this section.
(D) The commission, after due notice and opportunity for hearing, may suspend or disbar from practice in the administrative tax appeals process, any person authorized by this section to represent any taxpayer shown to be incompetent, disreputable, or who fails or refuses to comply with subsection (E) of this section, or who, with intent to defraud, in any manner wilfully and knowingly deceives, misleads, or threatens any claimant or prospective claimant, by word, circular, letter, or by advertisement. For the purposes of this section, disreputable conduct is defined in Section 10.51 of United States Treasury Department Circular No. 230 as revised through March, 1986.
(E) Representatives of taxpayers must comply with the duties and restrictions contained in Section 10.20 through 10.24 and 10.27 through 10.33 of United States Treasury Department Circular No. 230 as revised through March, 1986.
(F) For the purposes of references in this section to United States Treasury Department Circular No. 230 as revised through March, 1986:
(1) references to the United States or Federal are deemed to include references to this State, any of its political subdivisions, or any two or more of them;
(2) references to the Internal Revenue Service, the Department of Treasury, Examination Division, or District Director are deemed to include references to any state or local tax authority;
(3) references to the Director of Practice means the members of the South Carolina Tax Commission."/
Amend title to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 540 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.
S. 1363 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.
S. 1364 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO CONTINUING INSURANCE EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1434, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.
Rep. SNOW explained the Bill.
H. 3876 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF STONE CRABS, SO AS TO PROVIDE FOR THE REMOVAL OF THE CLAW ATTACHED TO THE RIGHT SIDE OF THE BODY INSTEAD OF THE LARGER OF THE TWO CLAWS.
Rep. SNOW explained the Bill.
The following Bill was taken up.
H. 3873 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8163.BD), which was adopted.
Amend the bill, as and if amended, Section 50-17-812(2), SECTION 2, page 3, line 9, by striking /Tuesday Wednesday/ and inserting /Tuesday/ and line 13 by striking /Tuesday/ and inserting /Wednesday/ so that when amended the item reads:
/(2) twelve o'clock noon midnight on Saturday until twelve o'clock noon on the Tuesday following on the Edisto River from the U.S. Highway 17 bridge at Jacksonboro to the headwaters of the river, and twelve midnight on Friday until twelve noon Wednesday following on the Edisto River seaward of the U.S. Highway 17 bridge at Jacksonboro, except with skimbow nets for noncommercial purposes./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. SNOW explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8165.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-17-1010 of the 1976 Code, as last amended by Act 561 of 1988, is further amended to read:
"Section 50-17-1010. There are established as restricted areas the following areas or portions of the coastal and ocean beds of Beaufort, Charleston, and Colleton Counties:
(1) that portion or area lying northeast of the north jetty at the mouth of Charleston harbor and the line of said the north jetty extended one-half mile into the ocean and lying southwest of a line running southeast (true), starting at a point on the northeast shore of the inlet known as Dewees Inlet on the Dewees Island side of said the inlet, which point is where the northeast shore of such the inlet at mean high water intersects the ocean beach line of Dewees Island, and which line runs from such the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Sullivan's Island and the Isle of Palms and southeast of such the beach lines extended across all intervening inlets or breaks in the beach lines and between the two lines hereinabove designated in this item and extending one-half mile into the ocean;
(2) that portion or area lying southwest of a line running due southeast (true), starting at a point on the southwest shore of the inlet known as Morris Island Lighthouse Inlet on the Folly Island side of such the inlet, which point is where the southwest shore of such the inlet at mean high water intersects the ocean beach line of Folly Island, and which line runs from such the point southeast (true) one-half mile into the ocean, and lying northeast of a line running southeast (true), starting at a point where West Sixth Street intersects the ocean beach of Folly Island, and which line runs from such the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beach or shore of Folly Island between the two lines hereinabove designated in this item and extending one-half mile into the ocean; provided, that. The southwest end of the aforesaid area from Stono Inlet to West Sixth Street is unrestricted to within a quarter mile of the beach at the low-water mark; and
(3) that portion or area lying northeast of a line running due southeast (true), starting at a point on the northeast shore of the mouth of South Edisto River on the Edisto Island side of such the inlet, at the place now known as Edisto Beach, formerly as McConkey's Beach, which point is where the northeast shore of such the river at its mouth at mean high water intersects the ocean beach line of Edisto Beach, and which line runs from such the point southeast (true) one-half mile into the ocean, and lying southwest of a line running southeast (true), starting at a point on the southwest shore of the inlet known as Frampton's Inlet on the Edingsville Beach side of such the inlet, which point is where the southwest shore of such the inlet at mean high water intersects the ocean beach line of Edingsville Beach on Edisto Island, and which line runs from said the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Edisto Island known as Edisto Beach and Edingsville Beach and between the two lines hereinabove designated in this item and extending one-half mile into the ocean;
(4) that area within one-quarter mile of the shores of the ocean beaches of Hunting Island and Fripp Island and within one-quarter mile of the beach of Hilton Head from Braddock Cove along the beach to Fish Haul Creek in Beaufort County.
The areas described in this section are restricted only from May fifteenth through September fifteenth of each year."
SECTION 2. Section 50-17-1020 of the 1976 Code, as last amended by Act 561 of 1988, is further amended to read:
"Section 50-17-1020. It is unlawful to use a trawl net within one-half mile from shore in any a county in Game Zones 7 and 9 from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line. However, trawl nets may be used in any waters of the Atlantic Ocean adjacent to Georgetown County from September fifteenth through December thirty-first of each year.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, any boat used in violation of this section, including its rigging, equipment, and catch, must be seized. The catch must be sold and the proceeds of the sale must be held pending the final disposition of the case. Upon conviction, the boat, rigging, and equipment must be sold or redeemed as provided for under Section 50-17-650."
SECTION 3. Section 50-17-1030 of the 1976 Code, as last amended by Act 561 of 1988, is further amended to read:
"Section 50-17-1030. Any person who trawls, drags, or tows or causes or permits to be dragged or towed behind any boat or vessel powered by gas, steam, electricity, or oil, sail, or any motive power other than manpower with oars or poles any trawl or net or other device, contrivance, or appliance for scooping or otherwise taking shrimp, fish, or other forms of marine life upon or over the ocean bed or in the waters over the ocean bed within any of such restricted areas or who causes, suffers, or permits any such boat or vessel owned or operated by the person or the crew thereof to trawl or drag as aforesaid within any part of the areas and any person or member of the crew engaging or participating in the same is guilty of a violation of this section and, upon conviction, must be fined not less than twenty-five dollars or imprisoned for not more than thirty days for the first offense and for the second and each subsequent offense fined not less than one hundred and ten dollars nor more than two hundred and fifty dollars or imprisoned for not less than thirty nor more than sixty days. The captain of a boat found trawling in the areas defined in Section 50-17-1010, 50-17-1020, or 50-17-1040 during the specified restricted period is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense the captain must be fined two hundred dollars, and his license and the license of the boat must be suspended for thirty days."
SECTION 4. Section 50-17-625 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8125.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 47-1-40(C), SECTION 1, page 2, beginning on line 22, and inserting:
/(C) The provisions of This section do does not apply to fowl, accepted animal husbandry practices of farm operations, the training of animals, or the practice of veterinary medicine, or activity authorized by Title 50./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LITTLEJOHN withdrew his objection to S. 371 however, other objections remained upon the Bill.
Rep. HALLMAN withdrew his objection to the following Bill.
S. 261 -- Senator Fielding: A BILL TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
Rep. BYRD withdrew her objection to S. 371 however, other objections remained upon the Bill.
Rep. BEATTY withdrew his objection to the following Bill.
H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck,Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.
The motion of Rep. BEASLEY to reconsider the vote whereby the following Joint Resolution was rejected was taken up.
H. 4472 -- Reps. Kirsh, Huff, Beatty, Kempe and R. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.
Rep. KIRSH moved to adjourn debate upon the motion to reconsider until Wednesday, April 8, which was adopted.
Rep. WILKINS moved that the House recur to the morning hour, which was not agreed to.
On motion of Rep. RAMA, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
Rep. WALDROP moved to recommit, the following Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
H. 4217 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
On motion of Rep. KIRSH, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
Rep. HOLT moved to adjourn debate upon the Senate amendments on the following Bill until Thursday, March 26, 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.
Rep. WALDROP moved to adjourn debate upon the Senate amendments on the following Bill until Thursday, April 9, which was adopted.
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
The Senate amendments to the following Bill were taken up for consideration.
H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
The Senate amendments were agreed to, and the Bill, having received three reading in both Houses, it was ordered that the title be change to that of an Act, and that it be enrolled for ratification.
Rep. HOLT moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.
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 Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration.
S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
Rep. RAMA explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following House Resolution was taken up.
H. 4552 -- Reps. Klapman, Wright, Riser, Corning, Waites, Taylor, Koon, Sharpe, Felder, Harrison, Byrd, Quinn, Council, Kirsh, Shissias, Rogers, Cromer, J. Brown, Scott and Sturkie: A HOUSE RESOLUTION EXPRESSING THE SATISFACTION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES ON LEARNING THAT CONGRESSMAN FLOYD SPENCE OF THE SECOND DISTRICT OF SOUTH CAROLINA IS SCHEDULED TO BECOME THE RANKING MINORITY MEMBER OF THE ARMED SERVICES COMMITTEE OF THE UNITED STATES HOUSE OF REPRESENTATIVES IN THE NEW CONGRESS THAT CONVENES IN JANUARY, 1993.
Whereas, the members of the House have learned that with the announced retirement of Congressman Bill Dickinson of Alabama, South Carolina's Second District Congressman, Representative Floyd Spence, a former member of this body, will assume the position of ranking Republican member on the Armed Services Committee of the United States House of Representatives when the new Congress convenes in January, 1993; and
Whereas, this news is of extreme importance and significance to South Carolina, which has benefitted immensely over the years from a strong military presence in the State, but in the light of reductions in the defense budget following the end of the Cold War, the significance of this news is magnified, as it will give South Carolina an extraordinarily strong voice to protect its vital interests in any downsizing of the defense establishment; and
Whereas, Congressman Spence has served on the Armed Services Committee since he was first elected to Congress to represent the Second Congressional District in 1970 and on that vital committee has served with diligence and distinction on the Sea Power Subcommittee and the Military Installations and Facilities Subcommittee, rising to the position of ranking minority member on the Sea Power Subcommittee; and
Whereas, his service on numerous policy panels of the committee has provided him a strong forum to influence the national defense posture; and
Whereas, during his tenure on the committee, South Carolina in general and the Midlands in particular have benefitted from his strong voice in the corridors of power; and
Whereas, it is appropriate for the members of the House to pause in their deliberations so that they might note Congressman Spence's pending elevation to the senior minority position on the House Armed Services Committee and express a great sense of satisfaction and indeed relief that his calm but insistent voice will be heard on a larger stage in providing for the defense of the Nation. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives express satisfaction on learning that Congressman Floyd Spence of the Second District of South Carolina is scheduled to become the ranking minority member of the Armed Services Committee of the United States House of Representatives in the new Congress that convenes in January, 1993.
Be it further resolved that a copy of this resolution be forwarded to Representative Floyd Spence, United States House of Representatives, Washington, D. C. 20515.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
H. 4494 -- Reps. Wilkes and Waites: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO HALT UNFUNDED FEDERAL MANDATES TO THE STATE AND ITS LOCALITIES.
Whereas, a continual stream of federal mandates to state and local governments in the form of laws, rules, and regulations has been enacted by the congress and the executive branch of government; and
Whereas, these mandates are escalating and the majority of them contain no financing mechanism or means of paying for the requirements of the law, rule, or regulation; and
Whereas, the effect of the number and magnitude of these mandates has been to cripple and place a financial hardship on our State, its cities and counties, and to hamstring the hands of our elected officials to do anything about the situation; and
Whereas, the State has found itself in the position of curtailing services and/or raising taxes and/or placing the burden further down the line onto local governments; and
Whereas, the losers in this scenario are the taxpayers of South Carolina who blame their local and state officials for the increases in their taxes when the blame rests with the federal government; and
Whereas, this situation must come to a halt if we are to maintain the fiscal integrity of our State and to have any hand in planning for the future of our State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly memorialize the South Carolina Congressional Delegation to introduce legislation to halt unfunded federal mandates to the State and its localities and to provide that anytime the Congress passes a law requiring the expenditure of state funds for a new service program or to expand an existing service program or which imposes any direct service or cost obligation on the State, the mandate is suspended unless and until the Congress appropriates the funds to pay for the mandated service.
Be it further resolved that a copy of this resolution be forwarded to all members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4495 -- Reps. Tucker, Felder, McLeod, Sharpe, Haskins, Wright, Riser, Harrison, Klapman, Huff, Wofford, Smith, Snow, Stone, Bruce, Meacham, Baxley, McKay, Mattos, D. Martin and Rogers: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA, IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND OTHER NECESSARY STATE OFFICIALS, TO SEEK THAT RELIEF HE CONSIDERS APPROPRIATE AND ATTAINABLE FROM THE REQUIREMENTS OF THE CONSENT DECREE IN THE CASE OF NELSON V. LEEKE.
Whereas, on January 8, 1985, in the case of Gary Wayne Nelson, et al., vs. William D. Leeke, Commissioner, South Carolina Department of Corrections, and Members of South Carolina Board of Corrections, a consent decree was entered into which obligated the State of South Carolina acting through the Department and Board of Corrections to take certain actions to alleviate the problems caused by prison overcrowding in this State; and
Whereas, this consent decree contained many varied and comprehensive provisions including those relating to:
(1) a minimum amount of square feet of sleeping space per inmate and a prohibition against double and triple-celling under certain conditions;
(2) restrictions on ward or cubicle-style housing and restrictions on areas deemed suitable for housing of inmates;
(3) restrictions on the use of temporary structures for housing inmates;
(4) a maximum count on the number of prisoners then existing facilities may house, the maximum count for future housing, and a schedule for renovating existing facilities and for construction of new facilities;
(5) staffing and training requirements of employees for safety and security purposes;
(6) required standards for health and food services for inmates; and
(7) vocational training programs for inmates and special standards for female inmates under certain circumstances; and
Whereas, the State of South Carolina and the Board and Department of Corrections, since the execution of this consent decree, have made a good faith effort with all the resources available to comply with the terms of the decree; and
Whereas, the problem of prison overcrowding is nevertheless not improving. Corrections officials estimate that the institutional population of the Department of Corrections is growing at a rate of one hundred fifty inmates per month, may increase more rapidly than this with the addition of new circuit judges, and by 1997 will rise to twenty-three thousand inmates far exceeding the ability of existing and planned facilities to accommodate them; and
Whereas, South Carolina has committed significant and scarce financial resources to this problem. The Department of Corrections' 1991-92 appropriation is $254,515,015 of which $205,154,267 comes from state general funds. Since 1985, the State has spent almost two hundred forty-two million dollars for prison construction, and under the 1992 bond bill, the General Assembly has approved $105,057,866 for the Department of Corrections for the following capital improvement purposes:
(a) Lee County Institution
Additional Funding $23,000,000
(b) Turbeville and Ridgeland
Institutions 22,250,000
(c) 10 96-Bed Additions 6,464,933
(d) 1130-Bed Medium Institution 37,750,000
(e) 576-Bed Replacement -- Aiken
Youth Center 14,300,000
(f) General Renovations 1,292,933
Total $105,057,866; and
Whereas, as large as the construction costs are for new prisons, the operating costs are much more. It is not uncommon for the cost to operate the prisons to exceed the construction costs in just three years. If the facilities last twenty-one years, for example, their total operating costs will be at least seven times as great as their construction costs; and
Whereas, building more prison space and continued compliance with all the other requirements of the Nelson consent decree pose a serious fiscal problem for the State at a time of declining revenue growth, coupled with a demand for other services. The percentage of the state budget spent on corrections in South Carolina is increasing every year. As recently as 1988, South Carolina ranked seventh among all states in the percentage of its state budget spent on corrections; and
Whereas, the current economic recession is making it very difficult, if not impossible, for the State to meet all the needs of its citizens including provisions for adequate health care, education, job and employment opportunities and countless other deserving demands. If the Department of Corrections remains bound to the full requirements of the Nelson consent decree and the State of South Carolina to the funding of these requirements, this without question will impose a hardship on others truly in need; and
Whereas, the members of the General Assembly therefore believe that because of the above reasons it is in the best interest of the people of South Carolina acting through the Attorney General to request appropriate judicial relief from the Nelson consent decree or amendments to the decree so that South Carolina may have the resources to try to deal with this very difficult and complicated problem as well as having the resources to try to deal with the other very serious problems now facing our State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request the Attorney General of South Carolina, in consultation with the Commissioner of the Department of Corrections and other necessary state officials, to seek that relief he considers appropriate and attainable from the requirements of the consent decree in the case of Nelson v. Leeke.
Be it further resolved that a copy of this resolution be forwarded to the Attorney General.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4564 -- Rep. Phillips: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONTINUE THE AIRPORT IMPROVEMENT PROGRAM SCHEDULED TO EXPIRE ON SEPTEMBER 30, 1992.
Whereas, a balanced, safe, and efficient system of airports and aviation services is essential to the commercial vitality and economic development of South Carolina; and
Whereas, prudent management of the State's existing aviation resources and sound planning for their future development require the ability not only to forecast needs but also the ability to anticipate the resources likely to be available to meet those needs; and
Whereas, like other transportation programs, South Carolina's aviation program relies to a significant measure, but not exclusively, on federal financing; and
Whereas, collectively, the states have sought and supported the development and preservation of a balanced system of airports and other aviation services that can be responsive to the diverse needs of the many geographic regions and economic sectors of the entire country; and
Whereas, the General Assembly of South Carolina believes that it is the mutual responsibility of federal, state, and local governments to continue to support balanced, planned, predictable airport growth and development; and
Whereas, the primary role of the federal government in this endeavor has been and should remain the establishment and maintenance of uniform standards in the area of airport and aviation operations safety; and
Whereas, the primary responsibility of the states in these matters should remain the promotion and development of airport systems based on plans that are integrated and coordinated with other transportation systems, modes, and plans; and
Whereas, local governments, too, play a vital role in the evolution of a well-considered national aviation system by identifying local airport and aviation needs and seeking ways of matching these needs with resources available from state, federal, and nongovernmental resources; and
Whereas, airport development strategies based on a synthesis of local, state, regional, and federal plans and programs make use of pooled technical expertise and financial and other resources; and
Whereas, through close cooperation of local, state, and federal governments, a clearly defined National Plan of Integrated Airport Systems (NPIAS) has been produced, based primarily on approved state, regional, and metropolitan airport systems plans, updated continuously as new information becomes available; and
Whereas, there needs to be a continuing federal airport planning and development program to help finance that portion of the airport and airway system which has been identified in the NPIAS as being of national importance; and
Whereas, implementation of the NPIAS is most appropriately financed by aviation system user taxes and by federal fund appropriations in consideration of the benefits derived by the general public from the total air transportation system; and
Whereas, as long as the need for further airport and aviation service improvements can be demonstrated, federal legislative authorization for the Airport Improvement Program needs to be renewed, and appropriations to the Aviation Trust Fund urgently need to be maintained at annual levels which will permit disbursement of at least the minimum amounts required for continued full funding of airport improvements; and
Whereas, the current federal airport development enabling statute, the Airport Improvement Program, will expire on September 30, 1992, and, with its expiration, the vast bulk of federal aviation funds will vanish. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress to continue the Airport Improvement Program scheduled to expire on September 30, 1992.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and all eight members of the South Carolina Congressional Delegation, at Washington, D.C.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1059 -- Senator Giese: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA ORAL HEALTH TASK FORCE AND ITS RECOMMENDATIONS AND TO COMMEND THE TASK FORCE FOR ITS DEDICATION AND HARD WORK IN ADDRESSING THIS IMPORTANT HEALTH ISSUE.
Whereas, oral health problems are one of the most widespread health problems in this State; and
Whereas, studies show that over ninety-seven percent of South Carolina's children have had tooth decay by age seventeen due to dental caries and approximately sixty-five percent of these dental problems go untreated; and
Whereas, periodontal disease is prevalent among adults and can result in significant tooth loss; approximately thirty percent of adults over age sixty-five have lost all of their teeth; and
Whereas, oral cancer is another serious oral health problem and in 1987 one hundred forty-three South Carolinians died of this disease which was the third highest oral cancer death rate in the country; and
Whereas, poor oral health is the result of many problems including inadequate access to services, financial barriers, poor diet, and lack of knowledge, preventive care, and treatment; and
Whereas, financial barriers that limit access to preventive and clinical services include poverty, lack of insurance, limited coverage for services, and inadequate funding for community services; and
Whereas, access to oral health services also is affected by the lack of providers in rural and low income urban communities, lack of school and community-based programs, and little or no coordination among public and private providers; and
Whereas, through the interest and commitment of the South Carolina Dental Association and the South Carolina Department of Health and Environmental Control, the interests of public health dentistry and private dentists were merged to form the South Carolina Oral Health Task Force for the purpose of documenting South Carolinians' oral health status and developing recommendations for improving the state's oral health status; and
Whereas, the members of the task force devoted many hours to obtaining information about South Carolina's oral health status, the public health oral health program, the eligibility and coverage for dental services by the State Medicaid program, and the role of other public and private organizations in the provision of oral health services; and
Whereas, the South Carolina Oral Health Task Force examined the basic oral health service needs of South Carolinians based on the presence and incidence of oral health problems; and
Whereas, the task force identified the Basic Oral Health Needs for the State and developed recommendations to meet these needs and to improve the state's oral health status; and
Whereas, the General Assembly recognizes the importance of good oral hygiene and good oral health as part of the basic health needs of the citizens of this State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina supports the South Carolina Oral Health Task Force and its recommendations and commends the task force for its dedication and hard work in addressing this important health issue.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 1386 -- Senators Passailaigue, McConnell, Fielding, Matthews, Martschink, Helmly, Rose and Washington: A CONCURRENT RESOLUTION TO MEMORIALIZE MR. SEAN O'KEEFE, COMPTROLLER OF THE DEPARTMENT OF DEFENSE, AND THE DEPARTMENT OF DEFENSE TO FAVORABLY CONSIDER CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES, THE TRI-COUNTY AREA OF SOUTH CAROLINA, AS A SITE FOR ONE OF THE REGIONAL CENTERS WHICH IS TO BE CREATED AS A RESULT OF THE CONSOLIDATION OF EXISTING FINANCE AND ACCOUNTING ACTIVITIES.
Whereas, the Department of Defense is contemplating consolidating its finance and accounting activities into regional centers, under the management of the Defense Finance and Accounting Service, to be located in areas which meet specific criteria as outlined by the Department of Defense; and
Whereas, each center will provide four thousand to seven thousand jobs, with an average salary and benefits per person of $35,000, and will add an enormous economic boost to the local and statewide economy; and
Whereas, Charleston, Berkeley, and Dorchester Counties, commonly known as the Tri-County area, is an ideal location and Charleston County presently serves as the location for The Financial Information Processing Center of the Naval Supply Center which provides accounting, vendor invoice payment, civilian payroll, and disbursing services to various naval activities in the southern United States, Cuba, Panama, and Puerto Rico, and, additional services are provided to Navy Supply activities in Pennsylvania, Connecticut, Illinois, Washington, California, and Hawaii; and
Whereas, the Defense Management Review Decision 910 implies that the Charleston Financial Information Processing Center will become part of the Defense and Accounting Service by October, 1992; and
Whereas, the Tri-County area offers excellent schools, both primary and secondary, including the Medical University of South Carolina, affordable housing, highly regarded public safety and transportation services, a very favorable cost of living, a wonderful climate, a rich variety of cultural and recreational opportunities which are world renown, and advanced environmental and waste handling programs; and
Whereas, Senator Strom Thurmond of South Carolina, The Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and The Honorable R. Keith Summey, Chairman of the Charleston County Council, have urged the Comptroller of the Department of Defense, Mr. Sean O'Keefe, to consider the Tri-County area of South Carolina as one of the regional accounting service centers. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina General Assembly memorialize Mr. Sean O'Keefe, Comptroller of the Department of Defense, and the Department of Defense to favorably consider Charleston, Berkeley, and Dorchester Counties, the Tri-County area of South Carolina, as a site for one of the regional centers which is to be created as a result of the consolidation of existing finance and accounting activities.
Be it further resolved that a copy of this resolution be forwarded to Mr. Sean O'Keefe, Comptroller of the Department of Defense and to the members of the United States congressional delegation from South Carolina.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. L. MARTIN.
The following Bill was taken up.
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 6, by Rep. J. HARRIS.
Rep. J. HARRIS explained the amendment and moved to table the amendment, which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6084.HC), which was adopted.
Amend the bill, as and if amended, by adding two sections appropriately numbered to read:
/SECTION ___. Section 9-1-1620 of the 1976 Code, as last amended by Act 412 of 1990, is further amended by adding immediately before the last paragraph:
"A member who retired under the provisions of Option 4 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992."
SECTION ___. Section 9-11-150 of the 1976 Code, as last amended by Act 412 of 1990, is further amended by adding at the end:
"A member who retired after the provisions of Option 3 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992."/
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading, resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baxley Beasley Bennett Boan Brown, H. Bruce Burch, K. Canty Cato Chamblee Cobb-Hunter Cooper Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Manly Marchbanks Martin, D. Martin, L. Martin, M. McTeer Meacham Neilson Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Shirley Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Young, A. Young, R.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 660 General Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. M.O. ALEXANDER
Rep. BYRD moved that the House recur to the morning hour.
Rep. J. BAILEY moved to table the motion, which was not agreed to.
The following was received.
Columbia, S.C., March 25, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:50 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. L. MARTIN the invitation was accepted.
At 11:50 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R313) S. 892 -- Senator Russell: AN ACT TO AMEND ACT 554 OF 1971, RELATING TO THE CREATION OF THE PELHAM-BATESVILLE FIRE DISTRICT IN SPARTANBURG AND GREENVILLE COUNTIES, SO AS TO EXCLUDE ANY PROPERTY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT FROM THE FIRE DISTRICT AND REQUIRE TENANTS AND USERS OF THE AIRPORT TO PAY ONE HUNDRED PERCENT OF THE FIRE DISTRICT ASSESSMENTS FOR TAX YEARS 1991, 1992, AND 1993.
(R314) S. 616 -- Senators Helmly and Moore: AN ACT TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.
(R315) S. 1287 -- Agriculture and Natural Resources 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.
(R316) S. 1200 -- Senators Nell W. Smith, Moore and Robert W. Hayes, Jr.: AN ACT TO AMEND SECTION 20-7-121, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM MUST BE ADMINISTERED BY THE STATE WORKERS' COMPENSATION FUND; AND TO AMEND SECTION 5 OF ACT 441 OF 1988, RELATING TO THE ADMINISTRATION OF THIS PROGRAM, SO AS TO DELETE THE PROVISION IN WHICH THE ADMINISTRATION OF THE PROGRAM IS BY THE UNIVERSITY OF SOUTH CAROLINA TRIO PROGRAMS THROUGH A CONTRACT WITH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN.
(R317) H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO WAIVE THE SALES AND USE TAX INDEBTEDNESS ON RELIGIOUS PUBLICATIONS DUE THE STATE THROUGH JANUARY 13, 1992, WHICH RESULTED FROM THE EXEMPTION ON THESE PUBLICATIONS BEING DECLARED UNCONSTITUTIONAL.
(R318) 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 BY SCHOOL YEAR 1993-94, AND AUTHORIZE THE STATE BOARD OF EDUCATION TO GRANT A WAIVER OF THIS REQUIREMENT UNDER CERTAIN CONDITIONS.
(R319) H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: AN ACT TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
(R320) H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: AN ACT TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A VOTE OF SEVENTY-FIVE PERCENT OF ITS TOTAL MEMBERSHIP INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
(R321) 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.
(R322) 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.
(R323) H. 4546 -- Rep. Wilkes: AN ACT TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.
(R324) H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: AN ACT TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC COMMENT PROCEDURES MUST BE PROVIDED FOR BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
(R325) 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.
(R326) H. 3040 -- Rep. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE WRITTEN NOTIFICATION OF THEIR POLICIES AND PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE GIVEN TWENTY DAYS' NOTICE, BY MAIL, OF A PROVIDER OF HEALTH CARE SERVICES' INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.
(R327) H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.
(R328) H. 3434 -- Rep. Burch: AN ACT TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.
At 11:58 A.M. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up.
H. 3314 -- Reps. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".
Rep. R. YOUNG moved to adjourn debate upon the Bill.
Rep. RAMA moved to table the motion, which was agreed to.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18526.SD).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1.Section 59-63-260 of the 1976 code is amended to read:
"Section 59-63-260. The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper under the following conditions:
1. Corporal punishment may be administered only after less stringent measures such as counseling, parental conferences, and other forms of discipline have failed to produce the desired results, unless the conduct of a student is of such an extreme nature that corporal punishment is the only reasonable form of discipline under the circumstances.
2. Corporal punishment may be administered by the school principal or assistant principal.
3. Corporal punishment may only be administered with prior written consent of the parent or guardian.
4. The instrument to be used in administering corporal punishment must be approved by the board of trustees.
5. When corporal punishment is administered, it must be done in the presence of another certified district employee and shall take place in the principal's office or other place out of view of other students.
6. A disciplinary record must be maintained and shall contain the name of the student, the type of misconduct, any previous disciplinary actions, the type of corporal punishment administered, the name of the person administering the punishment, the names of witnesses present, and the date and time of punishment.
7. Corporal punishment must not be administered if the student refuses or resists. In such case, the student's parent must be notified and appropriate alternatives must be considered.
8. Handicapped students are not subject to corporal punishment by any employee of the district.
This authorization for corporal punishment under the conditions contained in this section does not prevent the use of:
(1) incidental, minor, or reasonable physical contact or other actions designed to maintain order and control;
(2) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property;
(3) reasonable and necessary force to prevent a student from inflicting physical harm on himself;
(4) reasonable and necessary force for self-defense or the defense of others; or
(5) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the student or within his control.
In determining whether a person was acting within the conditions provided in this section, consideration must be given to reasonable judgments at the time of the event which were made by a teacher, principal, or other person employed by a school district or employed in a school operated by the State.
For the purpose of this section 'corporal punishment' means the intentional infliction of, or intentionally causing the infliction of, physical pain on a student as a punishment for disapproved behavior. This definition does not include physical pain or discomfort caused by participation in practice or competition in an interscholastic sport, or participation in physical education, or an extracurricular activity."
SECTION 2. This act takes effect July 1, 1991./
Renumber sections to conform.
Amend title to conform.
Rep. WRIGHT explained the amendment.
Rep. WILKES moved to adjourn debate upon the Bill until Thursday, March 26, which was adopted.
The SPEAKER granted Rep. PHILLIPS a leave of absence.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 4404 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DOMINIC D. DIFRANCESCO, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1992.
The Honorable Dominic D. DiFrancesco and distinguished party were escorted to the rostrum by Senators Hinson, Helmly, Shealy and Holland and Reps. BEASLEY, K. BURCH, SCOTT and McGINNIS.
Lt. Gov. Theodore introduced the National Commander as follows:
"This year we are delighted to have in South Carolina for a Joint Session of the General Assembly, the National Commander of the American Legion. This is an annual tradition in South Carolina, the National Commander coming, and we are delighted to have you visit our great state and the capitol city of South Carolina. Mr. Dominic D. DiFrancesco was elected National Commander of the American Legion September 5, 1991 at the Arizona National Convention. A native veteran of the Korean War, Commander DiFrancesco served three years as Communications Technician before returning to his home of Steeltown, Pennsylvania. He joined the Middleton Post of the American Legion and served as its Commander before moving up into other county and district echelons. In 1986, the legioners of Keystone state elected him Department Commander. He was part of a special entourage of American Legion delegates that went to Saudi Arabia in October of 1990 to gain first hand knowledge of the preparations, the needs and the concerns of the American troops prior to Operation Desert Storm. In addition to the Legion officers, Commander DiFrancesco has served in a variety of other civic responsibilities including the Department of Veteran Affairs Advisory Committee, the Pennsylvania War Memorial Commission and the Pennsylvania War Veterans Council. He was a plans and resource specialist for the Federal Government at the time of his retirement in 1988. He has many accomplishments and I'm sure some of those that he points to with the greatest amount of pride are his wife, Beverly, whereas she resided with him in Middletown, Pennsylvania and they are parents of four children, Debra, Anthony, Tonie Ann and Dominic, II, and the grandparents of eight children and I'm sure there must be a Dominic listed in one of those grandchildren, also. Join me if you will to welcome from Pennsylvania, the National Commander of the American Legion, Dominic D. DiFrancesco."
The National Commander addressed the Joint Assembly as follows:
"Thank you, Lt. Governor Theodore, Speaker of the House, Mr. Sheheen, distinguished members of the South Carolina Legislature, ladies and gentlemen...I am honored and grateful to you for inviting me here today. I know how busy you are as you conduct the business of this great State. Although I must admit to being a yankee, I want you to know that I love this beautiful State, Tuesday night at the Capitol Cafe, and its people. I had that experience last night and it was just fantastic, believe me. I have many wonderful friends here in South Carolina. Among them, of course, is one of our distinguished past National Commanders, a man who I have the greatest respect and admiration, who is well known to all of you for his leadership and many good works, not only on behalf of the veterans, but for the betterment of this beloved State and his fellow citizens, Mr. E. Roy Stone. I would also be remiss if I did not mention a very special group of people who are with us here today in this Chamber. They are members of the American Gold Star Mothers, an organization of women whose sons and daughters served and died in the line of duty in the Armed Forces during our nation's conflicts. These noble women are dedicated to perpetuating the memory of those who died while they still bear the pain of their personal loss. Like the American Legion, they are dedicated to patriotism and respect for our country and keeping alive the spirit that promoted world service. They are dedicated also to assisting veterans of all wars and their dependents. They give thousands of hours of volunteer work to veterans hospitals and other organizations which aide veterans. We at the American Legion are very grateful to the Gold Star Mothers and are proud to be associated with them. Your lost sons and daughters are heroes. The great State of South Carolina is known for the heroes that it has produced. In each and every war this nation has fought, more battles and scrimmages were fought in South Carolina during the Revolutionary War than in any other colony. It is hard to believe. Everybody thinks it was a New England war, but South Carolina paid their dues. Your State was the first to secede from the Union, but when the Union became one again, your loyalty has never been questioned. The greatest evidence of that is the large number of Congressional Medal of Honor winners from among your native sons. Ladies and gentlemen, I would like to spend a few minutes this morning to talk about something which we have in common. In many ways, the American Legion is structured like any democratic organization. We have an executive branch, and I have the honor to lead that part of the organization. We have a National Executive Committee, which is very much like a Senate with two members from each state meeting in a historic chamber reserved for that purpose. We have committees and commissions that study issues and concerns and draw up resolutions which address them. We have a permanent headquarters staff which might be likened to the various agencies necessary to run a government structure and we have state and national conventions which elected delegates debate and decide the mandates which direct the American Legion's course of action. So, with that in mind, I would like to talk to you this morning about three main points which affect us all and which we have in common. First, I want to talk about the significance of veterans as a group as part of the population, this country, and this nation. Secondly, I would like to discuss what government, both on the federal and state level, does and does not do for veterans. And finally, I will try to describe what veterans and most especially, those of the American Legion, do for their community, state and nation. According to the latest available figures from the Department of Veterans Affairs, there are roughly 26 and one half million veterans in this country. That is out of a total U. S. population of about 245 million people. That means that almost 11 percent of the population are veterans or about 1 of every 9 persons. Think about this. If each of those veterans has a wife and just one child, that's a family unit of three, that means that almost one third of the U. S. population is directly affected by veterans issues, veterans legislation and veterans benefits. If there were two children, well over 40 percent of the population in this country would be veterans families. Here in South Carolina, you have a little over 353,000 veterans according to the latest available V.A. figures. By the way, 17,000 of them are women. As you probably know, a greater percentage of women served in the Persian Gulf than in any previous conflict. My point in throwing all these figures at you is this, veterans and their families constitute a sizeable and significant portion of that population. They are activists in many things, especially in their communities. And the American Legion, the American Legion Auxiliary and the Sons of the American Legion are perfect examples of that activism. There are more than 27,000 legioners in South Carolina. Those veterans care about their lives and the lives of others and they vote. As a group, they vote at a higher percentage that any other. The fact cannot be ignored and swept under the rug and forgotten. I know that you here in South Carolina do not forget it by the mere fact that you have so kindly invited me to be visiting with you today. And now, there is a new generation of veterans joining our ranks, the brave young men and women of Desert Storm are coming in. You know, the politicians feel the Vietnam person is not joining. We, in the American Legion, have over 1 million Vietnam veterans as American Legioners. Approximately 807,000 of the Desert Strom people serve during the Persian Gulf conflict. Last December, the President signed legislation which opened American Legion membership. Eligibility to those wartime veterans. Many Persian Gulf veterans were already eligible to Legion membership due to prior active duty service in Lebanon, Grenada and Panama. We expect American Legion membership to continue to grow steadily as it has for the past seven years. 1991 was the best membership year the Legion has had since 1948 when we recorded our greatest membership. Last year, we hit 3.1 million members and 1992 membership figures are running ahead of this time last year as we head to what we hope will be another all time high. I am especially proud of the Legion here in the Department of South Carolina. I want to congratulate State Commander, Billy Bell, Past National Commander and National Executive Committeeman, E. Roy Stone, his alternate National Committeeman, John Ferguson, and Department Adjutant, Bernie L. Black for continuing to do an outstanding job in their membership achievements and their many Legion activities. The same goes for Helen Geiger, the President of the Auxiliary here in South Carolina. A moment ago, I talked about the Desert Strom veterans coming home and returning to civilian life. Many more who served in the Persian Gulf as regular active duty military will be joining their comrades in civilian ranks as the major reduction of the military establishment swings into full gear. Even before Desert Storm, a 25 percent down sizing over the next five years had been ordered. Now, we know the cuts will go much deeper than that. The Department of Defense tells us that by November of this year, there will have been 579,000 men and women separated from active duty in the armed forces. And those Persian Gulf wartime veterans who are being fired have an estimated 810,000 dependents and those astonishing figures bring me to my second point. This new generation of veterans will have the same needs and will face the same problems that most of us did after we got out of the service. The visionary men who founded the American Legion back in 1919, realized the fact and that's why the American Legions exists to serve veterans and make sure that they receive the care and attention promised by a nation they swore to defend. We must constantly remind our fellow citizens and especially our lawmakers that the cost of war does not end when the shooting stops. What can and should Americans do, and the government on the state and federal level do to assist veterans to get decent medical and health care, to rehabilitate and readjust and to get education and training and to get good jobs and a decent place to live and to get back into the mainstream of American life. There are many programs designed to do these things. One in particular and is one of the main ones could be better and that is veterans health care. And according to a special commission which recently concluded a study of that matter, its future is not good unless major changes are made in the system. The Department of Veterans Affairs has for several years been consistently underfunded. The result is that V. A. hospitals have had to close entire floors and wings because of lack of enough doctors and nurses and modern equipment. Veterans have been categorized as to eligibility for care, supposedly, to save money. And consequently being turned away. Among them are the ones who need the care the most. They are the sickest, the poorest and the elderly. The category of the aging veteran is especially important. By the year 2000, about 9 million veterans in this country will be 65 years of age or older. 124,000 of them will be living in South Carolina. 52,000 of that number will be 75 years or older. This is a national trend. By the way, the sunbelt states will be affected the hardest. It is a feeling of gratification to me and to the American Legion at large that South Carolina is a leader in legislation and facilities for the benefits of veterans. First of all, you have an excellent state veteran service officer program. It is one of the best in the nation and I think that is because of the excellent work of your State Director of Veterans Affairs, Bill Sands. I want to congratulate Bill as well as the members of the South Carolina Legislature, for all that you do for veterans. Your awareness of the aging veteran problem led you to approve construction of your new 220 bed nursing home near Anderson. Named after Governor Campbell's brother, Mike, who was killed in Vietnam, the completed facility was dedicated last fall. You have done very well to see that these facilities were constructed and added to the framework of proper care for the sick and disabled veteran. You know that this method is the most economical way to meet this problem rather than force such persons to depend on medicaid. And I am sure that this Body will see to it that the funds are appropriated to permit the additional plan of 132 beds to be added to the Campbell facility, to provide help for at least some of the 270 applicants for admission there. I must not fail to mention the 150 bed state and federal nursing home in Columbia named for the man who had the vision to see it become a reality, our Mr. Legioner and your own, E. Roy Stone. Of course, on the federal level, the Department of Veterans Affairs operates a 120 bed nursing home as well as two V. A. medical centers in South Carolina. Yes, these facilities and all of this care takes alot of money and alot of that money is federal money spent right here in South Carolina. The total V. A. budget for 1993 is 34.3 billion dollars, a shortfall of 2 billion as we see it. The last available figure that I have for V. A. expenditures in South Carolina is for 1990. It shows that a total of almost 409 million dollars came into this State that year for veterans health care for facilities and compensation of pension payments. Now those federal tax dollars, a portion of which are paid by the citizens of South Carolina, but consider the payback of those tax dollars. Much of that money goes back into the local economy for housing, food, clothing and auto. Ask yourself this question, what if the state and local governments had to pick up the tab for veterans instead of the federal government. I think that you will agree that when you add up the roll over effect, it is a very smart investment. Funding for the Department of Veterans Affairs and the V. A. Medical Care System must be restored to levels sufficient to provide adequate care for veterans. The Federal Office of Management and Budget must not use the V. A. budget as a convenient escape valve to meet the balance budget requirements in these times of economic stress. Congress must remember, the nation's promise to its veterans. We all must keep that promise. We must care for those who served and fought to defend the nation and preserve our freedom. My third and last point concerns what veterans do for their nation, their state and their communities. The American Legion is more that just a veterans organization. It is an association of individuals who truly care about their country and their fellow man. The Legion stands second to none in patriotism and had led the nation in the movement to protect the American flag from physical desecration. A recent Gallop poll conducted for the Legion revealed that support for such an amendment had grown and solidified upon the American public. The poll indicated that 77 percent of Americans believed that burning the flag is not an act guaranteed as freedom of speech by the First Amendment. That compares to a response of 60 percent in an August of 1989 Gallop poll. 81 percent of those asked in the latest poll said they would vote for a constitutional amendment to protect the flag of the United States. The memorializing resolution which the American Legion has urged all state legislatures in the nation to pass has succeeded in 24 states. I am very pleased and proud to commend you in South Carolina for being among that number. 26 states have not yet passed such a measure and we are working very hard to get the required two-thirds for 38 states on board to demonstrate to the Congress that such an amendment can be ratified. My friends, that recent Gallop poll clearly tells me that protection of the American flag is a people issue and the people want to be given an opportunity to decide for themselves by voting whether or not to protect the flag. 82 percent say that they have that right. The American Legion is dedicated to improving America through involvement and commitment. The Legion donates more blood than any organization in the country. In 1991, Legioners donated more than 46 million dollars through its children and youth programs such as Boy Scouts, Boys State and Boys Nation programs. More than 10 million dollars was donated to charitable organizations like the United Way. And last year, Legioners gave more than 2.6 million hours in volunteer service to their communities. To sum it up, let me say this, veterans and their families make a large and important segment of this country. They represent the very fabric of this nation and there is no finer example than the more than 4.1 million members of the American Legion, the American Legion Auxiliary and the Sons of the American Legion. They care about the quality of life and the future of their communities, their state and their great nation. Certainly, I know that you who choose to perform public service as elected representatives of those people share the same standard of principles. Listen to the veterans in your district and all across the State of South Carolina. Learn what is on their minds, not only about veterans issues, but about most of the concerns that we all have. I say that by working together we can get this country back on track and restore the values that it was built on and make sure that America remains the greatest nation in the world. I thank you and God bless you all. Thank you so much."
Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 P.M. the House resumed, the SPEAKER in the Chair.
Rep. SHARPE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4596 -- Reps. Wells, Cromer, T.C. Alexander, L. Martin, M.O. Alexander, Cato and Harrelson: A CONCURRENT RESOLUTION TO RECOGNIZE SPRINGS INDUSTRIES UPON RECEIVING THE 1991 "FIRST IN SAFETY CONTEST" SPONSORED BY THE AMERICAN TEXTILE MANUFACTURERS INSTITUTE FOR THE BEST SAFETY PERFORMANCE OF COMPANIES WITH MORE THAN FIVE THOUSAND ASSOCIATES.
At 12:36 P.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Mr. Gainey Creech of Barnwell, longtime attendant to the late Speaker Emeritus Solomon Blatt, to meet at 10:00 A.M. tomorrow.
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