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:
O God, the Giver of all good gifts, enable us to know what is worth knowing, to love that which is worth loving, to praise that which pleases You, to esteem that which is precious to You, and to reject that which is evil in Your sight. Teach us to value things according to their true worth, and grant us the wisdom to please You by our obedience to Your will. May we cheerfully accept the discipline of our tasks and thereby declare the confidence of our faith. Direct us with Your favor, and further us with Your continual help.
Enable us to hear clearly the words of the prophet Isaiah as God's spokesman: "I will strengthen you; yes, I will help you." (Isaiah 41:10b) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 12, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 A.M. Wednesday, May 13, 1992, for the purpose of Ratifying S. 371 only.
Very respectfully,
President
Received as information.
On motion of Rep. KLAPMAN, the invitation was refused.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1410 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON EAST QUEEN STREET IN PENDLETON IN ANDERSON COUNTY AS THE DEXTER GOSSETT MEMORIAL BRIDGE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1524 -- Senators Bryan, Wilson, Robert W. Hayes, Jr., Leventis, Carmichael, Courson, Courtney, Drummond, Giese, Helmly, Hinds, Leatherman, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, Moore, O'Dell, Peeler, Pope, Reese, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Williams: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND MAINTAIN A STRONG ARMY NATIONAL GUARD BY MANDATING THAT THE "END STRENGTH" OF THE ARMY NATIONAL GUARD BE NO LESS THAN 420,000 PERSONNEL AND THAT THE SOUTH CAROLINA ARMY NATIONAL GUARD UNITS PRESENTLY SERVING THE STATE OF SOUTH CAROLINA BE RETAINED AS PART OF THE FORCE STRUCTURE OF AMERICA'S ARMED FORCES.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1517 -- Medical Affairs Committee: A JOINT RESOLUTION TO DIRECT THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS SPECIFYING THE CRITERIA FOR PHYSICIAN SUPERVISION OF NURSE PRACTITIONERS AND TO SUBMIT THESE REGULATIONS FOR GENERAL ASSEMBLY REVIEW BY JANUARY 12, 1993.
Rule 5.12 was waived by a division vote of 20 to 0.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1526 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELETE A PORTION OF THE OLD UNITED STATES ROUTES 15 AND 301 IN ORANGEBURG COUNTY FROM THE STATE HIGHWAY SYSTEM AND TO TRANSFER THIS PORTION OF THE ROAD TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
Rule 5.12 was waived by a division vote of 17 to 0.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1527 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-38-733 WITHIN THE CAMPUS OF DANTZLER MIDDLE SCHOOL IN ORANGEBURG COUNTY.
Rule 5.12 was waived by a division vote of 5 to 0.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4592 -- Reps. Wilkins, Kempe, Gonzales, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Vaughn, Wilkes and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.
Ordered for consideration tomorrow.
Rep. STODDARD moved that when the House adjourns it adjourn in memory of Horace Curry of Laurens, which was agreed to.
The following was introduced:
H. 4841 -- Rep. L. Elliott: A CONCURRENT RESOLUTION TO COMMEND MARIAN LACROSS WILLIAMS JONES FOR HER SERVICE TO THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN HOME HEALTH SERVICES, OFFICE OF ECONOMIC DEVELOPMENT, AND MARION COUNTY VOTER REGISTRATION, SINCE DECEMBER, 1972.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSING EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1417, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4843 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO 9-1-1 LOCAL EMERGENCY TELEPHONE SERVICES SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO ADD THE VIOLATION OF NOT HAVING A HEADLIGHT IN GOOD WORKING ORDER TO THE OFFENSE FOR WHICH NO AUTOMOBILE INSURANCE PREMIUMS MAY BE INCREASED AS A RESULT OF THAT VIOLATION.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4844 -- Rep. Glover: A HOUSE RESOLUTION COMMENDING THE CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD FOR THEIR EXEMPLARY ACCOMPLISHMENTS AND LEADERSHIP ABILITIES; DESIGNATING THURSDAY, MAY 14, 1992, AS "BOYS' AND GIRLS' CLUB DAY" IN SOUTH CAROLINA; AND GRANTING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THESE OUTSTANDING CONTESTANTS AND THEIR CLUB DIRECTORS ON THURSDAY, MAY 14, 1992, FOR THE PURPOSE OF BEING RECOGNIZED FOR THIS HONOR, INCLUDING RECOGNITION OF THE RECIPIENT OF THE SOUTH CAROLINA BOYS' AND GIRLS' CLUB YOUTH OF THE YEAR AWARD.
Whereas, the South Carolina Area Council of the South Carolina Boys' and Girls' Club annually selects the South Carolina Boys' and Girls' Club Youth of the Year; and
Whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' and Girls' Club; and
Whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club; and
Whereas, the applicants are also required to write an essay on the subject "What the Boys' and Girls' Club Means to Me", and in addition, they must have overcome a major obstacle in their lives; and
Whereas, the South Carolina Youth of the Year will compete with youth from other states for the national award which will be presented by President Bush; and
Whereas, the following persons have been selected as finalists for this year's award: Shaun Walker from Columbia, James Williams from Florence, John Rogers from Greenville, and Chanda Ball from Spartanburg; and
Whereas, all of the individuals who have been competing for this prestigious award -- finalists and nonfinalists alike -- are to be commended and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service all lead to self-esteem, satisfaction, and accomplishment. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, designates Thursday, May 14, 1992, as "Boys' and Girls' Club Day" in South Carolina.
Be it further resolved that the House of Representatives commends the contestants for the Youth of the Year award for their exemplary accomplishments and leadership abilities and grants the privilege of the floor of the House to these outstanding contestants and their club directors on Thursday, May 14, 1992, at a time to be determined by the Speaker, for the purpose of being recognized for this honor, including recognition of the recipient of the South Carolina Boys' and Girls' Club Youth of the Year award.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baxley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Farr Felder Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Haskins Hodges Holt Huff Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McLeod Meacham Neilson Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, May 13.
John J. Snow Michael F. Jaskwhich B. L. Hendricks R. Linwood Altman John B. Williams Joseph B. Wilder Woodrow M. McKay Joseph T. McElveen James H. Harrison James P. Harrelson Michael L. Fair Williams S. Houck Robert A. Barber Samuel R. Foster Dick Elliott Dell Baker B. Hicks Harwell James C. Johnson Douglas E. McTeer Eugene LeRoy Nettles C. Alex Harvin, III Richard M. Quinn, Jr. David M. Beasley
LEAVE OF ABSENCE
The SPEAKER granted Rep. BEASLEY a temporary leave of absence.
Rep. McLEOD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 7.
Announcement was made that Dr. Michael Holmes of Kingstree is the Doctor of the Day for the General Assembly.
Rep. J. HARRIS moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
S. 1532 -- Senators Holland, Saleeby and Carmichael: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1248 -- Senator Robert W. Hayes, Jr.: 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.
The following Bills and Joint Resolutions 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. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
S. 1503 -- Senator Martschink: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.
S. 1505 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1506 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 1487, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4777 -- Rep. J. Harris: A BILL TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARD'S ADVISORY COMMITTEE TO AWARD AN ADDITIONAL FOLK HERITAGE AWARD AND TO ADD TO THE CRITERIA FOR THE AWARD THE SIGNIFICANCE OF THE FOLK ARTS ADVOCATE IN SUPPORTING AUTHENTIC SOUTH CAROLINA TRADITIONAL CRAFT OR INTERPRETING IT TO A WIDER AUDIENCE.
H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, Harrison, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. PHILLIPS having the floor.
S. 1507 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PHILLIPS relinquished the floor.
Rep. WRIGHT explained the Joint Resolution.
The Joint Resolution, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
Rep. CORBETT moved to continue the Bill, which was not agreed to by a division vote of 10 to 19.
Rep. HOLT moved to adjourn debate upon the Bill until Wednesday, May 20, which was adopted.
The following Bill was taken up.
S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, May 12, by Reps. McABEE and CARNELL.
Rep. L. MARTIN raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER stated that it did not relate to the title of the Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. L. MARTIN explained the Bill.
The Bill was read the second time and ordered to third reading.
Rep. LANFORD moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.
The following Bill was taken up.
H. 4557 -- Rep. R. Young: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Rep. R. YOUNG moved to table the Bill, which was agreed to.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, May 20, which was adopted.
H. 4515 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON HIRING A TEACHER WHO IS RELATED TO A SCHOOL BOARD MEMBER, SO AS TO MAKE THIS APPLICABLE TO ADMINISTRATORS AND OTHER ADMINISTRATIVE PERSONNEL AND INCLUDE THE SPOUSE OF A SUPERINTENDENT OR OTHER ADMINISTRATIVE PERSONNEL WITHIN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.
The following Bill was taken up.
S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 7, by Rep. BOAN.
Rep. BOAN explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 14, which was adopted.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
H. 4650 -- Reps. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.
The following Bill was taken up.
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.
Rep. RHOAD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19205.SD), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 56-3-2320 of the 1976 Code, as last amended by Act 91 of 1991, is further amended to read:
"Section 56-3-2320. The department may issue to a duly licensed motor vehicle dealer or wholesaler, upon application being made and the required fee being paid to the department, dealer or wholesaler license plates. The license plates, notwithstanding any provision of this chapter to the contrary, may be used exclusively on motor vehicles owned by the dealer or wholesaler. Dealer or wholesaler plates may not be used to operate wreckers in use by the dealer or wholesaler, nor to operate vehicles owned by the dealer and wholesaler that are leased or rented by the public. A vehicle to which a dealer or wholesaler license plate is attached may be used only for legitimate business purposes. No dealer or wholesaler plates may be issued by the department unless the dealer or wholesaler furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission and has made at least ten sales of motor vehicles in the twelve eighteen months preceding his application for a dealer or wholesaler plate. The sales requirement may be waived by the department if the dealer or wholesaler has been licensed for less than one year.
The department shall make a distinction between dealer tags and wholesaler tags. No dealer or wholesaler may be issued more than six plates or the number equal to the average number of employees of the dealership during the preceding year, which ever is greater. For good cause shown, the department in its discretion may issue extra plates.
The cost of each dealer or wholesaler plate issued is twenty dollars.
For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which shall also provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and shall also mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."/
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. STODDARD proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3916.AL), which was adopted.
Amend the bill, as and if amended, Section 56-3-2320, SECTION 2, page 1, by striking beginning on page 1 and line 38:
/No more than one dealer or wholesaler plates plate may be issued by the department to a dealer or wholesaler unless the dealer or wholesaler furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission and has made at least ten sales of motor vehicles in the twelve months preceding his application for a dealer or wholesaler plate./ and inserting:
/No One dealer or wholesaler plates plate may be issued by the department to a dealer or wholesaler unless the dealer or wholesaler who furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission. A dealer or wholesaler may qualify for more than one dealer or wholesaler license plate if he furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission and has made at least ten sales of motor vehicles in the twelve months preceding his application for a dealer or wholesaler plate./
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
Rep. STODDARD explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4765 -- Reps. Quinn, Rogers, Rama, Koon, McKay, Harwell, Houck, Shissias, Sturkie, Hodges, Harrison, Corning, Cromer, Klapman, Haskins and Kirsh: A JOINT RESOLUTION TO REPEAL A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 350 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INCLUDE RIVER GRAVEL IN ASPHALT USED IN PROJECTS APPROVED BY BID.
Rep. BAXLEY moved to adjourn debate upon the Joint Resolution until Tuesday, May 19, which was rejected.
Reps. GLOVER, BAXLEY, J. HARRIS, K. BURCH, KINON, HOUCK and JENNINGS objected to the Joint Resolution.
The SPEAKER granted Rep. GLOVER a temporary leave of absence.
Rep. R. YOUNG moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
The following Bill was taken up.
H. 4762 -- Reps. D. Elliott and M. Martin: A BILL TO AMEND SECTION 40-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND REEXAMINATION OF AN APPLICANT FOR A MECHANICAL CONTRACTOR'S LICENSE, SO AS TO AUTHORIZE THE LICENSING BOARD FOR CONTRACTORS TO ADMINISTER AN ORAL EXAMINATION UPON REQUEST OF AN APPLICANT.
Rep. M. MARTIN explained the Bill.
Further proceedings were interrupted by the expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. M. MARTIN having the floor.
Rep. PHILLIPS moved that the House recur to the morning hour, which was agreed to by a division vote of 41 to 35.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4837 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF HIGHWAY 31 LOCATED IN MCCORMICK COUNTY.
Rule 5.12 was waived by a division vote of 8 to 0.
Ordered for consideration tomorrow.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
S. 1441 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THE PRECINCTS IN THE CITY OF SPARTANBURG.
Ordered for consideration tomorrow.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
S. 942 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE CIVIL SERVICE SYSTEM FOR THE CITY OF SPARTANBURG, SO AS TO PROVIDE THAT APPLICANTS FOR ENTRY LEVEL POSITIONS ARE EXEMPT FROM THE RESIDENCY REQUIREMENT AND THE REQUIREMENT TO BE AN ELECTOR OF SPARTANBURG COUNTY, TO PROVIDE THAT APPLICANTS MUST BE NOT LESS THAN EIGHTEEN YEARS OF AGE RATHER THAN NOT LESS THAN TWENTY-ONE YEARS OF AGE, AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MAY NOT BE MORE THAN THIRTY-FIVE YEARS OF AGE.
Ordered for consideration tomorrow.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
S. 1432 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3424 -- Reps. Cato, A. Young, Fulmer, Cooper, Baker, Jaskwhich, Vaughn, Clyborne, R. Young, Hallman, M.O. Alexander, Cork, McKay, Manly, Haskins, Wright, Littlejohn, Barber, Meacham, Kempe and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY NOT SERVE MORE THAN SIX CONSECUTIVE TERMS, TO PROVIDE EXEMPTIONS FOR MEMBERS PRESENTLY SERVING AND FOR A PERSON WHO SUBMITS A PETITION SIGNED BY TWENTY-FIVE PERCENT OF THE ELECTORS IN THE AREA FROM WHICH THE PERSON IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III, OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE SENATE MAY NOT SERVE MORE THAN THREE CONSECUTIVE TERMS, TO PROVIDE EXEMPTIONS FOR MEMBERS PRESENTLY SERVING AND FOR A PERSON WHO SUBMITS A PETITION SIGNED BY TWENTY-FIVE PERCENT OF THE ELECTORS IN THE AREA FROM WHICH THE PERSON IS ELECTED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1037 -- Senators Leventis and Land: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1324 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 12-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSTRUMENTS OF CONVEYANCE NOT BE RECORDED UNLESS STAMPED AND ACCOMPANIED BY AN AFFIDAVIT OF TRUE CONSIDERATION, SO AS TO EXEMPT CONVEYANCES OF THE FEDERAL GOVERNMENT FROM THE REQUIREMENTS OF FILING THE AFFIDAVIT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1508 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-77-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT", AND SECTION 23-41-20, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ARSON REPORTING-IMMUNITY ACT, SO AS TO PROVIDE THAT "AUTHORIZED AGENCY", OR "AUTHORIZED AGENCIES", INCLUDES THE UNITED STATES DEPARTMENT OF JUSTICE AND ITS FEDERAL BUREAU OF INVESTIGATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435 AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1085 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Rule 5.12 was not waived by a division vote of 33 to 20 and having failed to receive the necessary two-thirds vote was ordered returned to the Judiciary Committee.
The SPEAKER granted Rep. STURKIE a temporary leave of absence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4845 -- Rep. Baxley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, AND AN ACT OF 1992 BEARING RATIFICATION NUMBER 395, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE THAT THE NUMBER OF BOARD MEMBERS TAKES EFFECT BY EXTENDING THE EXISTING BOARD COMPOSITION FOR TWO YEARS, UNTIL JANUARY 1, 1995.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. M. MARTIN having the floor.
H. 4762 -- Reps. D. Elliott and M. Martin: A BILL TO AMEND SECTION 40-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND REEXAMINATION OF AN APPLICANT FOR A MECHANICAL CONTRACTOR'S LICENSE, SO AS TO AUTHORIZE THE LICENSING BOARD FOR CONTRACTORS TO ADMINISTER AN ORAL EXAMINATION UPON REQUEST OF AN APPLICANT.
Rep. M. MARTIN relinquished the floor.
Reps. G. BAILEY, SHARPE, CARNELL, TOWNSEND, FULMER, RHOAD and SMITH objected to the Bill.
The following was received.
Columbia, S.C., May 13, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. GENTRY, the invitation was accepted.
The following Bill was taken up.
S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6598.HC).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 56-5-2715 of the 1976 Code is amended to read:
"Section 56-5-2715. The department, and local authorities with the approval of the department, may designate particularly dangerous highway grade crossings of railroads and erect stop signs thereat at the crossings. When such these signs are erected, the driver of any a vehicle shall stop within fifty feet, but not less than fifteen feet, from the nearest rail of the railroad and shall proceed only upon exercising due care. The department with respect to state highways and counties and municipalities with respect to streets and highways within their jurisdiction also shall place white lines across the lane or lanes approaching the crossing at the approximate location of the stop sign in the manner they consider appropriate.
In addition to the above requirements of this section, at those highway and railroad grade crossings located within one-half mile of a church or school, the railroad company operating the railroad shall place and maintain an illuminated flashing red signal on the street or highway on each side of the crossing in the manner the department or local authority having jurisdiction of the highway considers appropriate."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. PHILLIPS spoke against the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being the consideration of Amendment No. 1.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R414) S. 1223 -- Senators Giese and Hinson: AN ACT TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO INCLUDE WITHIN THE EXEMPTION PREPARED FOOD.
(R415) S. 1347 -- Senator O'Dell: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
(R416) S. 1365 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 38 SO AS TO PROVIDE FOR THE MANAGING GENERAL AGENTS ACT.
(R417) S. 1097 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 11 OF TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONSOLIDATE INTO THE ARTICLE EXISTING STATUTES RELATING TO THE STATE HEALTH INSURANCE PLANS FOR EMPLOYEES AND RETIREES, TO MAKE PERMANENT VARIOUS TEMPORARY PROVISIONS REENACTED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT CERTAIN ALCOHOL AND DRUG ABUSE PLANNING AGENCIES AND SPECIAL PURPOSE DISTRICTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH INSURANCE PLANS, AND TO ALLOW EMPLOYEES OF A STATE-COVERED ENTITY UNDER A STATE RETIREMENT SYSTEM WITH TWENTY YEARS' SERVICE CREDIT WHO TERMINATE BEFORE RETIREMENT ELIGIBILITY TO PARTICIPATE IN THE PLANS; TO AMEND SECTIONS 6-7-190 AND 58-25-80, RELATING TO COUNCILS OF GOVERNMENTS AND REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO DELETE REFERENCES MADE OBSOLETE BY THE ARTICLE ADDED BY THIS ACT AND TO EXTEND THE SAME REQUIREMENTS APPLICABLE TO COUNTIES PARTICIPATING IN THE PLANS TO THE OTHER NONSTATE AND NONSCHOOL DISTRICT ENTITIES AUTHORIZED TO PARTICIPATE IN THE PLANS; AND TO REPEAL SECTIONS 1-11-142, 1-11-144, 1-11-440, 8-11-81, 8-11-82, AND 8-11-84 AND ACT 124 OF 1989 ALL RELATING TO THE STATE HEALTH INSURANCE PLANS.
(R418) S. 1440 -- Senator Holland: AN ACT TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
(R419) S. 1396 -- Senator Pope: AN ACT TO REPEAL ACT 343 OF 1971, AS AMENDED, RELATING TO THE CREATION, MEMBERSHIP, POWERS AND DUTIES, AND OPERATIONS OF THE UNION RECREATION DISTRICT IN UNION COUNTY.
(R420) S. 1212 -- Senator Bryan: AN ACT TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.
(R421) S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, AS AMENDED, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, AND 44-23-1070 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.
(R422) S. 1321 -- Senator Bryan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
(R423) S. 371 -- Senator Setzler: AN ACT TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER MAY NOT EXCEED THE AMOUNT DUE THEM EXCEPT UNDER CERTAIN CONDITIONS, TO PROVIDE THAT IN NO EVENT SHALL THE TOTAL AGGREGATE AMOUNT OF LIENS EXCEED THE AMOUNT DUE BY THE OWNER, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY A CONTRACTOR IS INSUFFICIENT TO PAY ALL THE LIENORS OF THAT SUBCONTRACTOR, ALL JUST LIENS MUST BE PRORATED BY THE CONTRACTOR AMONG THE SUB-SUBCONTRACTORS AND SUPPLIERS TO THAT SUBCONTRACTOR; AND TO AMEND THE 1976 CODE BY ADDING SECTION 29-5-23 SO AS TO PROVIDE THAT ANY PERSON ENTERING INTO AN AGREEMENT WITH AN OWNER FOR THE IMPROVEMENT OF REAL PROPERTY MUST FILE A NOTICE OF PROJECT COMMENCEMENT, TO PROVIDE FOR THE CONTENTS OF THIS NOTICE OF PROJECT COMMENCEMENT, AND TO PROVIDE THAT FAILURE TO FILE SUCH A NOTICE SHALL RENDER CERTAIN OF THE ABOVE PROVISIONS INAPPLICABLE.
(R424) S. 1204 -- Senator Drummond: AN ACT 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 STATE LAW PERTAINING TO COSMETOLOGISTS, RELATED REGULATIONS, OR AN ORDER OF THE BOARD IN LIEU OF LICENSE SUSPENSION OR REVOCATION; 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.
(R425) S. 1453 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE FORESTRY COMMISSION, RELATING TO HUNTING AND FISHING REGULATIONS ON STATE FOREST LANDS ESTABLISHED AS WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1476, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R426) S. 899 -- Senator Drummond: AN ACT TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.
(R427) S. 1500 -- Senator Helmly: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE CAINHOY PRECINCT.
(R428) S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.
(R429) S. 1445 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NPDES PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1423, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R430) H. 4580 -- Rep. Phillips: AN ACT 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 COLLEGE TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF; AND TO AMEND SECTION 59-103-50, RELATING TO THE ADVISORY COUNCIL OF PRIVATE COLLEGE PRESIDENTS, SO AS TO REDUCE THE TERMS OF MEMBERS.
(R431) H. 3777 -- Rep. Cromer: AN ACT TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, DEFINE TERMS, REVISE REQUIREMENTS FOR A PEN OR RUN AREA AND FOR THE RESTRAINT OF A DANGEROUS ANIMAL, PROVIDE AN EXCEPTION TO THE PROHIBITION AGAINST POSSESSING A DANGEROUS ANIMAL FOR SALE, BREEDING, OR PURCHASE, REVISE PENALTIES, REQUIRE REGISTRATION AND TAGGING OF A DANGEROUS ANIMAL AND LIABILITY INSURANCE, AND PROVIDE FOR THIS CHAPTER NOT TO ABROGATE CIVIL PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN ARTICLE 13.
(R432) H. 4262 -- Rep. J. Bailey: AN ACT TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF THE APPLICABLE PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY AND TO PROVIDE THAT ONLY OWNER-OCCUPIED REHABILITATED PROPERTY QUALIFIES FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY, AND TO PROVIDE DEFINITIONS.
(R433) 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.
(R434) H. 4038 -- Rep. Rhoad: AN ACT TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-EHRHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE TRUSTEES BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THE COMPOSITION OF THESE DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.
(R435) H. 3632 -- Rep. Hodges: AN ACT TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO PROVIDE THAT A CORPORATION SUBJECT TO THE REGISTRATION REQUIREMENTS OF THE SECURITIES EXCHANGE ACT OF 1934 MAY ISSUE SHARES FOR A CONTRACT FOR FUTURE SERVICES WITHOUT HAVING TO PLACE THE SHARES AND SHARE DIVIDENDS AND DISTRIBUTIONS IN RESPECT OF THE SHARES IN ESCROW AND WITHOUT HAVING TO CREDIT DISTRIBUTIONS AGAINST THEIR PURCHASE PRICE IF THE SHARES ARE ISSUED OR AUTHORIZED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
(R436) H. 4505 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT OCCUPATIONAL SAFETY AND HEALTH STANDARDS PROMULGATED BY THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT AND PROVIDE FOR NOTICE AFTER PROMULGATION IN THE STATE REGISTER AND REBUTTABLE PRESUMPTIONS REGARDING PUBLICATION OF NOTICE.
(R437) H. 4280 -- Rep. Snow: AN ACT TO AMEND SECTION 46-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITE FOR THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO PROVIDE FOR IT TO BE ADMINISTERED BY THE CROP PEST COMMISSION INSTEAD OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES; SECTION 46-26-20, RELATING TO DEFINITIONS IN THE ACT, SO AS TO DEFINE THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, AND THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND SECTION 46-26-30, RELATING TO THE DELEGATION OF DUTIES TO THE FERTILIZER BOARD OF CONTROL BY THE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE COMMISSION TO DELEGATE THE DUTIES TO THE DIRECTOR WHO MAY ADMINISTER AND ENFORCE THIS CHAPTER AND RELATED REGULATIONS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".
(R438) H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R439) H. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R440) H. 4684 -- Reps. Wilkins, Kinon, McAbee and McGinnis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-480 SO AS TO ALLOW THE GOVERNOR TO AUTHORIZE THE NATIONAL GUARD TO SUPPORT FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES IN DRUG ENFORCEMENT MATTERS, AND TO AUTHORIZE THE GOVERNOR TO DELEGATE HIS AUTHORITY UNDER THIS SECTION TO THE ADJUTANT GENERAL WHO IS ALLOWED SPECIFICALLY TO ENTER INTO MUTUAL ASSISTANCE AND SUPPORT AGREEMENTS WITH LAW ENFORCEMENT AGENCIES FOR ACTIVITIES WITHIN THIS STATE.
(R441) H. 4120 -- Rep. Haskins: AN ACT TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES CREDIT CONTRACTS, SO AS TO DEFINE THAT "BUSINESS DAY" MEANS MONDAY THROUGH FRIDAY EXCLUDING STATE AND FEDERAL HOLIDAYS.
(R442) H. 4103 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.
(R443) H. 4104 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO PROVIDE THAT CONSIDERATION MUST BE GIVEN TO CONSUMER AND FAMILY REPRESENTATION WHEN RECOMMENDING AND APPOINTING MEMBERS TO THE BOARD.
(R444) H. 3433 -- Rep. Koon: AN ACT TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO CLARIFY AND REVISE THE LENGTH OF THE SEASONS AND PROVIDE FOR SQUIRRELS TO BE HUNTED WITH WEAPONS AND DOGS; AND TO AMEND SECTION 50-11-150, RELATING TO SMALL GAME BAG LIMITS, SO AS TO CHANGE THE LIMITS FOR SQUIRREL TO TEN A DAY.
(R445) H. 4405 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.
(R446) H. 4105 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.
(R447) H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: AN ACT TO PROVIDE THAT WHEREVER FEES ARE CHARGED IN THIS STATE FOR ANY ROOMS, LODGINGS, OR ACCOMMODATIONS FURNISHED TO TRANSIENTS BY ANY HOTEL OR MOTEL, THE ROOMS, LODGINGS, OR ACCOMMODATIONS SO FURNISHED MUST BE EQUIPPED WITH CERTAIN SECURITY DEVICES; TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO TOURIST CAMPS OR CAMPGROUNDS OR TO RESIDENCES OF ANY NATURE; TO MAKE THE FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ACT A MISDEMEANOR AND PROVIDE PENALTIES; TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION; AND TO PROVIDE THAT THE REQUIREMENTS OF THIS ACT APPLY TO ANY HOTEL OR MOTEL HAVING TWENTY OR MORE ROOMS, LODGINGS, OR ACCOMMODATIONS FURNISHED TO TRANSIENTS FOR A FEE.
(R448) H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: AN ACT TO AMEND SECTION 44-53-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION REGARDING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS FOR UNIFORM PROCEDURES TO DISPOSE OF CONTROLLED SUBSTANCES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-53-485 SO AS TO PROVIDE FOR SEIZED CONTROLLED SUBSTANCES TO BE HANDLED PURSUANT TO DIVISION REGULATIONS, THE CIRCUMSTANCES UNDER WHICH THE SUBSTANCES MAY BE ORDERED DESTROYED OR LAWFULLY DISPOSED OF, WHEN PHOTOGRAPHS OR VIDEOTAPES OF THE SUBSTANCES MAY BE USED AT TRIAL, AND ADMISSIBILITY OF EVIDENCE PRESENTED AT THE ORIGINAL PROCEEDINGS.
(R449) H. 4282 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".
(R450) H. 4283 -- Rep. Snow: AN ACT TO AMEND CHAPTER 9, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO ADD SECTIONS 46-9-15 AND 46-9-110 AND REVISE THE CURRENT DUTIES AND RESPONSIBILITIES OF THE COMMISSION TO PROVIDE A UNIFORM COMPREHENSIVE REGULATION OF SUBJECT MATTER ASSIGNED BY LAW TO IT BY REVISING THE MEMBERSHIP AND DUTIES, DEFINING TERMS, PROVIDING FOR CONFIDENTIAL INFORMATION, DETAILING THE DIRECTOR'S AUTHORITY, AND REVISING PENALTIES.
(R451) H. 4710 -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON MARCH 31, 1992, AND APRIL 1, 1992, BY THE STUDENTS OF THE TRAVELERS REST ELEMENTARY SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT BECAUSE OF THE CONDEMNATION OF THE SCHOOL BUILDING ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R452) H. 4266 -- Reps. Harvin and D. Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
At 11:45 A.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.
Debate was resumed on Amendment No. 1 by Rep. RUDNICK.
The question then recurred to the adoption of the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Beatty Gentry Harrelson Harris, J. Huff Inabinett Jennings Kempe Keyserling Manly McGinnis Neilson Rudnick Sheheen Waites Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Brown, G. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cooper Council Elliott, D. Fair Farr Felder Fulmer Gonzales Harris, P. Harvin Haskins Hendricks Holt Houck Jaskwhich Keegan Kennedy Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. McAbee McCraw McKay McTeer Nettles Phillips Rhoad Riser Shirley Smith Snow Townsend Tucker Vaughn Wells Williams, D. Wright
So, the amendment was rejected.
The Bill was read the second time and ordered to third reading.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:
H. 4834 -- Rep. Sheheen: A HOUSE RESOLUTION TO AMEND RULE 7.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO PROCEDURES FOR VOTING, SO AS TO PROVIDE A PROCEDURE FOR ADJUSTING VOTE TOTALS AND APPLICABLE ACTION ON A QUESTION WHEN A MEMBER HAS BEEN VOTED WHILE HE WAS ABSENT FROM THE CHAMBER AND TO PROVIDE THAT THIS MEMBER, IF HE HAS KNOWLEDGE OF THE IDENTITY OF WHO VOTED FOR HIM WHILE ABSENT, IS REQUIRED TO PRESENT THIS INFORMATION TO THE PRESIDING OFFICER WHO SHALL REFER IT TO THE ETHICS COMMITTEE FOR CONSIDERATION OF A RECOMMENDATION OF PUNISHMENT.
The following House Resolution was taken up for immediate consideration.
H. 4834 -- Rep. Sheheen: A HOUSE RESOLUTION TO AMEND RULE 7.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO PROCEDURES FOR VOTING, SO AS TO PROVIDE A PROCEDURE FOR ADJUSTING VOTE TOTALS AND APPLICABLE ACTION ON A QUESTION WHEN A MEMBER HAS BEEN VOTED WHILE HE WAS ABSENT FROM THE CHAMBER AND TO PROVIDE THAT THIS MEMBER, IF HE HAS KNOWLEDGE OF THE IDENTITY OF WHO VOTED FOR HIM WHILE ABSENT, IS REQUIRED TO PRESENT THIS INFORMATION TO THE PRESIDING OFFICER WHO SHALL REFER IT TO THE ETHICS COMMITTEE FOR CONSIDERATION OF A RECOMMENDATION OF PUNISHMENT.
The Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19237.SD).
Amend the resolution, as and if amended, by striking subsection h. of Rule 7.3 which begins on line 28 of page 1 and inserting:
/h. A member recorded as voting while absent from the chamber shall present to the presiding officer an affidavit attesting to this fact. Any member may also report to the presiding officer his knowledge that another member was recorded as voting while absent from the chamber. If the affidavit of the member whose vote is in question is presented within forty-eight hours of the vote, the presiding officer shall adjust the vote totals to reflect the affidavit and order action on the question in accordance with the adjusted vote total. If the member filing the affidavit or any other member has knowledge of the identity of the person who voted for him while absent, he shall present this information to the presiding officer who shall refer it to the Ethics Committee for consideration of any recommendation of punishment in accordance with this rule./
Amend title to conform.
Rep. McTEER explained the amendment.
Further proceedings were interrupted by a Joint Assembly, the pending question being consideration of Amendment No. 1, Rep. McTEER having the floor.
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 House read the following Concurrent Resolution:
H. 4821 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 13, 1992, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE COLLEGE OF CHARLESTON, WINTHROP UNIVERSITY, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1992 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.
The President recognized Rep. STODDARD, Chairman of the Joint Screening Committee.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated the following unopposed candidates:
Nancy J. Cash, First Congressional District, Seat 2; George R. Starnes, Second Congressional District, Seat 4; C. Tyrone Gilmore, Fourth Congressional District, Seat 8; S. Anne Walker, Fifth Congressional District, Seat 10; and Walter D. Smith, Sixth Congressional District, Seat 12.
On motion of Rep. CARNELL, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Nancy J. Cash, First Congressional District, Seat 2; George R. Starnes, Second Congressional District, Seat 4; C. Tyrone Gilmore, Fourth Congressional District, Seat 8; S. Anne Walker, Fifth Congressional District, Seat 10; and Walter D. Smith, Sixth Congressional District, Seat 12 were duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Timothy D. Etson and Jean T. McFerrin.
On motion of Rep. STODDARD, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Etson:
The following named Senators voted for Mrs. McFerrin:
Bryan Carmichael Cork Courson Courtney Drummond Fielding Giese Gilbert Hayes, R.W. Helmly Hinds Hinson Holland Land Leatherman Leventis Lourie Macaulay Martin Martschink Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Reese Rose Saleeby Setzler Smith, J.V. Smith, N.W. Stilwell Washington Williams Wilson
On motion of Rep. KIRSH, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Etson:
Bailey, G. Littlejohn
The following named Representatives voted for Mrs. McFerrin:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Cobb-Hunter Corning Council Cromer Delleney Elliott, D. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kirsh Koon Lanford Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
Senator Martschink asked unanimous consent to cast Senator Shealy as voting for Mrs. McFerrin.
Rep. McTEER objected.
Total Number of Senators voting 42
Total Number of Representatives voting 109
Grand Total 151
Necessary to a choice 76
Of which Mr. Eston received 2
Of which Ms. McFerrin received 149
Whereupon, the President announced that Mrs. Jean T. McFerrin having received the majority of votes cast, was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Mary D. Moore and withdrew William Stevens as a candidate.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ms. Mary D. Moore was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, withdrew David S. Boyd as a candidate.
Rep. SNOW nominated Mr. W.E. Jenkinson, III as follows:
"Thank you, Mr. President, Mr. Speaker, members of the Joint Assembly and special guests...This is a special moment for the Jenkinson family and a proud moment for Williamsburg County. I want to introduce the members of Billy Jenkinson's family. They are seated in the balcony. His mother, Gordan, his wife, Sally, his sister, Maggie Jane Kirk, and his father-in-law, George Keller. Please stand together and be recognized by the Joint Assembly. Let me add that hear and use the expression Citadel Men, the Jenkinson family epitomizes that and his father passed away last year and how proud he would be of his son, Billy, today. On behalf of the Williamsburg County Delegation, Senator McGill, Representatives Kennedy and Harvin, I would ask that the nominations be closed and that Billy Jenkinson be elected by acclamation."
Reps. KENNEDY, NETTLES, Senator McGill, Rep. HARVIN, Senator Macaulay, Senator O'Dell and Rep. FARR seconded the nomination.
On motion of Rep. SNOW, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. W.E. Jenkinson, III was duly elected for the term prescribed by law.
Please record that I made no vote in the race for Citadel Trustees.
Rep. SARAH MANLY
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated the following unopposed candidates:
Cheryl D. Whipper, First Congressional District, Seat 2; Joel H. Smith, Second Congressional District, Seat 4; William J. Day, Third Congressional District, Seat 6; Merl F. Code, Fourth Congressional District, Seat 8; John V. Price, Fifth Congressional District, Seat 10; and Marie M. Land, Sixth Congressional District, Seat 12.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Cheryl D. Whipper, First Congressional District, Seat 2; Joel H. Smith, Second Congressional District, Seat 4; William J. Day, Third Congressional District, Seat 6; Merl F. Code, Fourth Congressional District, Seat 8; John V. Price, Fifth Congressional District, Seat 10; and Marie M. Land, Sixth Congressional District, Seat 12 were duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Timothy N. Dangerfield.
On motion of Rep. STODDARD, nominations were closed, and the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Timothy N. Dangerfield was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated the following unopposed candidates in the non-health related and medical profession congressional districts:
Melvyn Berlinsky, First Congressional District, and Patricia T. Smith, Second Congressional District, non-health related; and Dr. Charles B. Hanna, Fourth Congressional District; Dr. Cotesworth P. Fishburne, Fifth Congressional District; and Dr. E. Conyers O'Bryan, Sixth Congressional District, medical profession.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Melvyn Berlinsky, First Congressional District, and Patricia T. Smith, Second Congressional District, non-health related; and Dr. Charles B. Hanna, Fourth Congressional District; Dr. Cotesworth P. Fishburne, Fifth Congressional District; and Dr. E. Conyers O'Bryan, Sixth Congressional District, medical profession were duly elected for the terms prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Milford J. Cooper and withdrew Jack F. McIntosh as a candidate.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Milford J. Cooper was duly elected for the term prescribed by law.
I did not vote in the Medical University of S.C. 3rd Congressional District race due to the fact that a member of my family was a candidate for this Board of Trustees and my vote could be viewed as a conflict of interest.
Rep. DAN COOPER
House District 10
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated the following unopposed candidates: Wilhelmina McBride, Dr. Marvin Efron, and Olive F. Wilson; and Russell S. Bedenbaugh and Elizabeth Moorhead, for the two at-large seats.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Wilhelmina McBride, Dr. Marvin Efron, and Olive F. Wilson; and Russell S. Bedenbaugh and Elizabeth Moorhead, for the two at-large seats were duly elected for the terms prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated the following unopposed candidates:
J. Michael Murphree, First Congressional District, Seat 2; Lorraine H. Knight, Second Congressional District, Seat 4; H. Randall Dozier, Fourth Congressional District, Seat 7; Robert E. Lanford, Jr., Fourth Congressional District, Seat 8; Tracy L. Eggleston, Fifth Congressional District, Seat 10; and William W. Coleman, Jr., Sixth Congressional District, Seat 12.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that J. Michael Murphree, First Congressional District, Seat 2; Lorraine H. Knight, Second Congressional District, Seat 4; H. Randall Dozier, Fourth Congressional District, Seat 7; Robert E. Lanford, Jr., Fourth Congressional District, Seat 8; Tracy L. Eggleston, Fifth Congressional District, Seat 10; and William W. Coleman, Jr., Sixth Congressional District, Seat 12 were duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated M. Russell Holliday, Jr.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that M. Russell Holliday, Jr. was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Lee Miller.
Senator Drummond nominated William A. Collins.
Reps. SHIRLEY, HARWELL and Senator Leatherman seconded the nomination.
On motion of Rep. STODDARD, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Collins:
Bryan Carmichael Cork Courson Courtney Drummond Fielding Giese Gilbert Hayes, R.W. Helmly Hinds Hinson Holland Land Leatherman Lourie Macaulay Martin Martschink Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Reese Rose Saleeby Setzler Smith, J.V. Smith, N.W. Stilwell Washington Williams Wilson
The following named Senators voted for Mr. Miller:
On motion of Rep. KIRSH, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Collins:
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 Carnell Cato Chamblee Cobb-Hunter Cooper Corbett Corning Council Delleney Elliott, D. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Scott Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
The following named Representatives voted for Mr. Miller:
Rudnick Sharpe
Total Number of Senators voting 41
Total Number of Representatives voting 113
Grand Total 154
Necessary to a choice 78
Of which Mr. Collins received 152
Of which Mr. Miller received 2
Whereupon, the President announced that Mr. William A. Collins having received the majority of votes cast, was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Robert Gahagan and Sanita L. Savage.
On motion of Rep. STODDARD, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Robert Gahagan and Sanita L. Savage were duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, withdrew the following candidates: Henry W. Brevard, George S. Chenault, Willis H. Crosby, Sam Glover and Willie T. Smith.
Senator Matthews nominated Mr. Charles H. Williams as follows:
"Mr. President, fellow members of the Joint Assembly...It gives me as great deal of pleasure on behalf of the Orangeburg County Legislative Delegation to nominate an individual who is currently serving on the Board and who has made many contributions and who, I believe, along with others, will continue to help lead the institution in a vision towards the 21st century. Mr. Charles H. Williams, is a life long resident of Orangeburg County. He is the son of our President Pro Tempore, Senator Marshall Williams. He was born in Orangeburg County in 1942. He is married to Mrs. Karen J. Williams, who was recently elected to the Fourth Circuit Court of Appeals. They have four children. Charles was educated in the public schools of Orangeburg County, a B. S. degree in Administration from USC and also, his law degree. He has made and will continue to make valuable contributions to that institution and I would ask that you join with me and other members of the Orangeburg Delegation in supporting Mr. Charles Williams."
Reps. COBB-HUNTER, BENNETT, KENNEDY, WILDER, COUNCIL, HARVIN, G. BAILEY, FELDER, Senator Washington, Rep. HARWELL, Senators McGill, Saleeby, Rose, Patterson, Reps. GLOVER, D. ELLIOTT, JENNINGS, RHOAD and HARRELSON seconded the nomination.
Senator Patterson nominated Mr. Leroy Mosely, Jr. as follows:
"Ladies and gentlemen...It is a great deal of pleasure to put in nomination the name of Mr. Leroy Mosely, Jr. Mr. Mosely graduated from S. C. State University. He now works for the Tech System here in South Carolina. As he spoke to me, he said that he wanted to go down and serve on this Board and try to do a good job and to bring our school up on par to where it should be and I believe he is a good man for the job because he is a man of integrity and honor and it is a pleasure for me to nominate my friend and my constituent that lives in the Harbison, Irmo, Ballentine area and unfortunately, through reapportionment that area will not be in my district next year, but I am going to live with it the best that I can. Ladies and gentlemen, I nominate Mr. Leroy Mosely, Jr. Thank you."
Reps. QUINN, COBB-HUNTER, CROMER, SCOTT, HUFF, J. BROWN, HARVIN, SMITH, TAYLOR, BYRD, GLOVER, INABINETT, HARWELL, Senators McGill, Matthews, Gilbert and Rep. PHILLIPS seconded the nomination.
Rep. WILKES nominated Janette Henry as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, distinguished guests. It is with a great deal of pleasure that I rise today to place in nomination the name Janette L. Henry as a candidate for Board of Trustees of South Carolina State University. Most of you have had an opportunity to meet Ms. Henry. She is the young lady that has been putting all of these pretty things on your desks and she carefully color coordinated them to match Eugene Stoddard's coats if you haven't noticed. Ms. Henry is a 1979 honor graduate of McCory Liston High School in Blair, S. C. In 1983, she graduated from S. C. State University with a degree in English Education. In 1985, she completed her Master of Education in Secondary School Administration at Winthrop College. From 1989 to present, she has been Assistant to the Superintendent of Fairfield County Schools. From 1985-1989, she was Information Specialist and Public Relations person for Fairfield County Schools and before that, she was a classroom teacher. So, it is obvious that Ms. Henry knows young people and how to prepare them for college. She has been very active in civic and church community groups in Fairfield County. And really, I want to quote from what Ms. Henry said before the Screening Committee because in thinking about how I was going to make this speech today, I couldn't find anything more appropriate than her own words. She said, 'South Carolina State has called me and I am ready to rally to her call. It is time that I defend and honor her because I do love and cherish her. The opportunity has arisen for me to help my institution when she needs me most. She gave me an education that enabled me to make it in the world today. She made me employable, she gave me courage to stand up and say that I am somebody when my self esteem was at an all time low, she built it back up. Now she is experiencing some difficult times. I want to help her establish a new direction. I sincerely believe that my institution is second to none. It is my belief that the best way for me to repay my alma mater for what she has done for her students and for me, is by being a member of the Board of Trustees of South Carolina State University.' Janette is well qualified, she is young and enthusiastic, energetic and she is a fighter. She has hung in there tough with this race and she deserves your support. For those of you who have committed to Janette, we thank you for your vote, for those of you who are undecided, we would like to have your vote and for those of you who don't know or forgot that you committed to Ms. Henry, we remember you. Thank you very much."
Reps. WAITES, CROMER, ROGERS, SHIRLEY, BYRD, J. BROWN, COUNCIL, SMITH, MANLY, ANDERSON, M.O. ALEXANDER, Senators Martin, Hinson, Washington and Rep. SHISSIAS seconded the nomination.
On motion of Rep. STODDARD, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Ms. Henry:
Cork Hinson Leventis Macaulay Martin Martschink Mullinax Russell Smith, J.V. Smith, N.W. Washington
The following named Senators voted for Mr. Mosely:
Bryan Carmichael Courson Courtney Drummond Fielding Giese Gilbert Hayes, R.W. Helmly Hinds Holland Land Leatherman Leventis Lourie Matthews McConnell McGill Mitchell Moore O'Dell Passailaigue Patterson Peeler Pope Reese Rose Saleeby Setzler Smith, N.W. Stilwell Williams Wilson
The following named Senators voted for Mr. Williams:
Bryan Carmichael Cork Courson Courtney Drummond Fielding Giese Gilbert Hayes, R.W. Helmly Hinds Hinson Holland Land Leatherman Lourie Macaulay Martin Martschink Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Reese Rose Russell Saleeby Setzler Smith, J.V. Stilwell Washington Williams Wilson
On motion of Rep. STODDARD, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Ms. Henry:
Alexander, M.O. Anderson Baker Barber Beatty Brown, H. Brown, J. Byrd Carnell Cato Clyborne Cooper Corbett Council Cromer Delleney Elliott, D. Fair Haskins Hendricks Jaskwhich Johnson, J.C. Keegan Kempe Keyserling Kirsh Klapman Koon Lanford Littlejohn Manly Martin, M. Mattos McAbee McGinnis McKay McLeod Neilson Phillips Quinn Rama Riser Rogers Sheheen Shirley Shissias Smith Stoddard Townsend Tucker Vaughn Waites Wells White Wilder Wilkes Williams, D. Williams, J. Wofford Wright Young, A.
The following named Representatives voted for Mr. Mosely:
Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Chamblee Cobb-Hunter Corning Cromer Delleney Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kirsh Klapman Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rhoad Rogers Rudnick Scott Sharpe Shirley Shissias Smith Snow Stone Taylor Tucker Vaughn Waites Waldrop Wells Whipper Wofford Wright Young, A. Young, R.
The following named Representatives voted for Mr. Williams:
Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Baxley Beasley Bennett Boan Brown, G. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Council Elliott, D. Farr Felder Foster Fulmer Gentry Glover Gonzales Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hodges Holt Houck Huff Hyatt Inabinett Jennings Johnson, J.C. Kennedy Koon Marchbanks Martin, D. Martin, L. Mattos McCraw McElveen McTeer Meacham Nettles Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Snow Stoddard Stone Taylor Townsend Waldrop Whipper White Wilder Wilkes Williams, D. Williams, J. Young, R.
Total Number of Senators voting 42
Total Number of Representatives voting 114
Grand Total 156
Necessary to a choice 79
Of which Ms. Henry received 72
Of which Mr. Mosely received 124
Of which Mr. Williams received 115
Whereupon, the President announced that Mr. Leroy Mosely, Jr. and Mr. Charles H. Williams having received a majority of the votes cast were duly elected for the terms prescribed by law.
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 1:03 P.M. the House resumed, the SPEAKER in the Chair.
Rep. BOAN moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 62 to 36.
The Senate returned to the House with concurrence the following:
H. 4839 -- Reps. Cobb-Hunter, Byrd, Smith, J. Brown, Shissias, Taylor, Waites, Harrison, Riser, Wright, Council, Keegan, Stoddard, Canty, Harrelson, Rhoad and D. Elliott: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. FRANK L. CULBERTSON, SR., OF HOLLY HILL, SOUTH CAROLINA, FOR BEING SELECTED THE EDISTO HEALTH DISTRICT "VOLUNTEER PHYSICIAN OF THE YEAR".
H. 4840 -- Rep. Snow: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT LINWOOD ALTMAN FOR HIS TRULY DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM GEORGETOWN COUNTY AND FOR MANY YEARS OF PUBLIC SERVICE IN OTHER CAPACITIES UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
H. 4841 -- Rep. L. Elliott: A CONCURRENT RESOLUTION TO COMMEND MARIAN LACROSS WILLIAMS JONES FOR HER SERVICE TO THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN HOME HEALTH SERVICES, OFFICE OF ECONOMIC DEVELOPMENT, AND MARION COUNTY VOTER REGISTRATION, SINCE DECEMBER, 1972.
At 1:05 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Horace Curry of Laurens, to meet at 10:00 A.M. tomorrow.
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