Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:45 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We are grateful, good Lord, that Your blessings to us are endless and that Your mercies know no end. In the assurance of Your never failing blessings, may we go forth in confidence even in the face of difficulties knowing that we cannot change the velocity of the wind, but with Your help we can adjust our sails and that our darkest hour lasts but sixty minutes. Keep us steadfast in the knowledge that just as a diamond cannot be polished without friction, so we cannot be perfected without testing.
In every decision that must here be made, may the deciding factor be on how we answer this question: "Will this make South Carolina a better place in which to live?" 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.
Document No. 1433
Promulgated By Consumer Affairs
Licensing Standards for Continuing Care Retirement Communities
Received By Speaker March 5, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date July 3, 1992
Withdrawn and Resubmitted: May 19, 1992
Rep. KEEGAN and the Horry County Delegation moved that when the House adjourns it adjourn in memory of Mr. Mark Garner of Myrtle Beach, which was agreed to.
The following was received.
Columbia, S.C., May 19, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Free Conference on H. 3550:
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 94
Received as information.
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 Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, May 20.
Timothy Wilkes James Harrison Marion Kinon Gene Stoddard Bob Shirley Alex Harvin Juanita White
STATEMENT OF ATTENDANCE
Rep. STURKIE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 6.
The Senate returned to the House with amendments the following:
H. 4649 -- Reps. G. Bailey, A. Young and Wofford: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 MUST BE ELECTED IN 1992, DELETE REFERENCES TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION APPOINTING MEMBERS OF THE BOARD, PROVIDE A PROCEDURE FOR THE FILLING OF VACANCIES ON THE BOARD, DELETE THE REQUIREMENT FOR A CANDIDATE TO FILE A STATEMENT OF CANDIDACY AND INSTEAD REQUIRE A NOMINATING PETITION; AND DELETE PROVISIONS WHICH ESTABLISHED SINGLE-MEMBER DISTRICTS FOR MEMBERS OF THE BOARD OF TRUSTEES ELECTED IN 1988.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
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.
Rep. WILKINS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4746 -- Reps. Rhoad, Koon, Nettles, Neilson, Baxley, Jennings, Boan, Farr, Waldrop, M. Martin and Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA FORESTRY COMMISSION TO ESTABLISH A FIELD TRIAL AREA IN CHESTERFIELD COUNTY ON SAND HILLS STATE FOREST.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1529 -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF PARKS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO GIVE SPECIAL CONSIDERATION TO THE FORMER SOUTH CAROLINA TOWN OF DUNBARTON AND ALLOW THEM TO USE THE MAIN COMMUNITY BUILDING AT BARNWELL STATE PARK THE FIRST SUNDAY IN MAY EACH YEAR TO CELEBRATE ITS REUNION WHICH HAS BEEN HELD AT THAT LOCATION FOR THE LAST FORTY YEARS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4864 -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. RUBY JONES, SUPERVISOR OF BUILDING JANITORIAL SERVICES FOR THE STATE HOUSE, FOR HER LIFETIME OF DEDICATED PUBLIC SERVICE AND TO WISH HER WELL IN HER RETIREMENT.
Whereas, Mrs. Ruby Jones, Supervisor of Building Janitorial Services for the State House, is retiring June 30, 1992; and
Whereas, Mrs. Ruby, as she is affectionately called, started her career with Mr. Donald Russell and family in 1952; and
Whereas, she stayed with the family during Mr. Russell's Governorship (1963-65) and remained with Governor Russell in Washington, D. C., when he was appointed as a Federal Judge in 1965; and
Whereas, Mrs. Ruby returned to Columbia in 1966 and joined the staff of General Services' Buildings and Grounds; and
Whereas, in 1974, the South Carolina State House came under her jurisdiction; and
Whereas, Mrs. Ruby has meticulously cared for our state's treasure and its employees under Governors John West, James Edwards, Richard Riley, and Carroll Campbell; and
Whereas, she has been able to successfully work with the legislature during their January to June session; and
Whereas, in addition to seeing to the needs of the State House and its staff, Mrs. Ruby reared three children, two sons and a daughter; and
Whereas, she is also the proud grandmother of two and great-grandmother of one; and
Whereas, Mrs. Ruby is a member of the Greater St. Paul A.M.E. Church of West Columbia where she is President of the Stewardess Board, a member of the Trustee Board, and the Church Treasurer; and
Whereas, she is also kept busy with her duties as President of the Mass Choir, member of the Local Missionary Society, and the Columbia Conference Missionary Society; and
Whereas, Mrs. Ruby is adored by all who know her; she is never too busy to lend an ear or to say a few kind words to brighten someone's day; and
Whereas, the General Assembly is pleased to have this opportunity to recognize Mrs. Ruby Jones for her lifetime of public service. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina recognizes Mrs. Ruby Jones, Supervisor of Building Janitorial Services for the State House, for her lifetime of dedicated public service and wishes her well in her retirement.
Be it further resolved that a copy of this resolution be given to Representative Juanita White who will present it to Mrs. Ruby at her retirement luncheon May 27, 1992.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4865 -- Reps. Harvin, Mattos, M.O. Alexander, Inabinett, Kempe, McGinnis, Townsend, Wofford, Cato, Riser, McElveen, Wright, Stone, Snow, Altman, Bruce, Chamblee, M. Martin, Wilder, Keegan, Delleney, K. Burch, A. Young, Lanford, Littlejohn, Cooper, Meacham, L. Martin, Houck, Felder, Baxley, Harrelson, Smith, Taylor, Sturkie, Rogers, Scott, G. Bailey, Waldrop, Wells, McLeod, Kennedy, Koon, D. Elliott, Hallman, J. Brown, Harrison, Wilkes, Tucker, Shissias, Byrd, Council and Stoddard: A HOUSE RESOLUTION EXPRESSING SUPPORT FOR THE SOUTH CAROLINA NATIONAL GUARD AND FOR MAINTAINING THE GUARD'S CURRENT FORCE LEVELS IN THE STATE.
Whereas, the people of South Carolina support the South Carolina National Guard in the strongest possible terms, are immensely proud of the accomplishments of the Guard, and are extremely grateful for the services rendered by the Guard to this State and to the nation over the years; and
Whereas, any reduction of National Guard forces in South Carolina will have a devastating effect on many areas of the State; and
Whereas, because the National Guard plays a crucial role during times of civil unrest and in the aftermath of natural disasters and is important also as part of the nation's defense force, any reduction in the Guard's force levels in South Carolina should be avoided. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, expresses support for the South Carolina National Guard and for maintaining the Guard's current force levels in the State.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of Defense, and all eight members of the State's Congressional Delegation, all at Washington, D.C., and to the Adjutant General of the State of South Carolina.
The Resolution was adopted.
The following was introduced:
H. 4866 -- Reps. Scott, J. Brown, Byrd, Taylor, Rogers, Waites, Cromer, Shissias, Corning, Harrison and Quinn: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO JAMES L. SOLOMON, JR., OF COLUMBIA FOR HIS DISTINGUISHED SERVICE AS COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES AND TO EXTEND BEST WISHES FOR HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4867 -- Reps. Cato, M.O. Alexander, Anderson, Baker, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF OUR FORMER COLLEAGUE, JOHN WOOD OF TIGERVILLE IN GREENVILLE COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1557 -- Senators Shealy and Martschink: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. ORA RIDDLE SHEALY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1559 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. BILLIE S. FLEMING OF MANNING WHO DIED FRIDAY, MAY 8, 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4868 -- Reps. Huff, Smith, Sharpe, Rudnick, Stone and Gentry: A BILL TO REAPPORTION THE DISTRICTS FROM WHICH MEMBERS OF THE AIKEN COUNTY CONSOLIDATED SCHOOL DISTRICT ARE ELECTED.
Rep. HUFF moved to waive Rule 5.12 which was agreed to by a division vote of 10 to 0.
On motion of Rep. HUFF, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4869 -- Reps. Rudnick, Lanford, Jennings and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-260 SO AS TO PROVIDE THAT THE STATE OR COUNTY CHAIRMAN OF A POLITICAL PARTY MAY SEND A REPRESENTATIVE TO THE STATE OR COUNTY HEADQUARTERS OF ANOTHER RECOGNIZED POLITICAL PARTY AT ANY TIME DURING REGULAR OFFICE HOURS AFTER TWELVE NOON ON THE LAST DAY FOR FILING FOR STATEWIDE OR COUNTYWIDE OFFICE, TO AUTHORIZE THE REPRESENTATIVE TO OBTAIN A LIST OF CANDIDATES WHO HAVE FILED FOR STATEWIDE OR COUNTYWIDE OFFICE, PROVIDE THAT THE LIST OF CANDIDATES MUST BE FURNISHED IN A TIMELY MANNER, AND PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 4870 -- Reps. Ross and T.C. Alexander: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS FOR A TERM OF FOUR YEARS AND TO PROVIDE FOR THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED; TO PROVIDE FOR THE MANNER IN WHICH THE CHAIRMAN OF THE OCONEE COUNTY BOARD OF EDUCATION SHALL BE SELECTED; AND TO DELETE CERTAIN PROVISIONS OF ACT 383 OF 1961, RELATING TO THE ELECTION OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.
On motion of Rep. ROSS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4871 -- Reps. Baxley, Glover, Neilson and Beasley: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PRECINCTS.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1427 -- Senators Williams and Drummond: A BILL TO AMEND SECTION 33-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGISTRATION FEES UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS, TO AMEND SECTION 33-55-90, RELATING TO CONTRACTS AND AGREEMENTS BETWEEN CHARITABLE ORGANIZATIONS AND PROFESSIONAL FUND-RAISING COUNSEL OR SOLICITORS, SO AS TO DELETE CERTAIN PROVISIONS WHICH PERMIT THE SECRETARY OF STATE TO DISAPPROVE CONTRACTS OR AGREEMENTS WHERE HE CONCLUDES THEY INVOLVE EXCESSIVELY HIGH FUND-RAISING COSTS AND WHICH PROHIBIT THE CARRYING OUT OF DISAPPROVED CONTRACTS OR AGREEMENTS, TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-95 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR THE SATISFACTION OF REGISTRATION REQUIREMENTS BY CHARITABLE ORGANIZATIONS, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITORS, AND TO REPEAL SECTION 33-55-80, RELATING TO COMPENSATION OF PROFESSIONAL SOLICITORS.
Referred to Committee on Judiciary.
S. 1542 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1556 -- Senators Passailaigue, Bryan, Carmichael, Cork, 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, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO DESIGNATE SOUTH CAROLINA HIGHWAY 61 EXPRESSWAY IN CHARLESTON COUNTY AS THE "GLENN F. McCONNELL HIGHWAY".
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4872 -- Reps. Quinn, J. Brown, Rogers, Harrison, Scott, Taylor, Canty, Byrd, Waites, Corning and Shissias: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. JOAN FISHER BROOME OF RICHLAND COUNTY UPON HER RETIREMENT FROM THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION WHERE SHE HAS WORKED FOR THIRTY-THREE YEARS AND TO WISH HER WELL AS SHE ENJOYS HER YEARS OF RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. SHARPE moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Reps. HARWELL, HOUCK and FOSTER a leave of absence for the remainder of the day.
The SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.
Rep. NEILSON moved that the Ethics Committee be granted a leave of the House, which was agreed to.
The following was received.
Columbia, S.C., May 20, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of:
H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.
Very respectfully,
President
No.110
Received as information.
The following Bill was ordered returned to the Senate.
H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.
The following was received.
Columbia, S.C., May 19, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of:
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.
Very respectfully,
President
Rep. WILKINS moved to return the following Bill to the Senate, which was agreed to.
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.
Rep. J. HARRIS move to adjourn debate upon the following Bill until Thursday, May 28, 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.
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.
Reps. LITTLEJOHN, KEMPE, WELLS and LANFORD, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12536.AC), which was adopted.
Amend the bill, as and if amended, page 1, line 39, after /County/ by inserting /, and an applicant who is hired from within or outside of Spartanburg County at an entrance level position may not be promoted until one year in the system has elapsed/.
Amend title to conform.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bill was taken up.
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.
Reps. LITTLEJOHN, KEMPE, WELLS and LANFORD, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12535.AC), which was adopted.
Amend the bill, as and if amended, page 1, line 34, after /County/ by inserting /, and an applicant who is hired from within or outside of Spartanburg County at an entrance level position may not be promoted until one year in the system has elapsed/.
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The following Bill was read the third time, passed and, 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.
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.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4851 -- Reps. Hodges and Boan: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4859 -- Rep. McTeer: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 7, 1992, MISSED BY STUDENTS IN HAMPTON SCHOOL DISTRICTS 1 AND 2 DUE TO A BOMB THREAT IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
S. 1552 -- Senator Hinson: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.
The following Bill was taken up.
H. 4860 -- Reps. Sheheen, Baxley and K. Burch: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES FROM SINGLE-MEMBER DISTRICTS.
Reps. SHEHEEN, BAXLEY and K. BURCH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6626.HC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The first paragraph of Section 1 of Act 930 of 1970, as last amended by Act 272 of 1979, is further amended to read:
"The central authority of Kershaw County's public educational system shall be is a board of trustees composed of nine members, to be each elected, beginning with the 1992 election, for terms a term of four years from the county at large, but who shall be residents of the respective townships and have their offices numbered as follows: one member from Flat Rock, Seat No. 1; two members from Buffalo, Seats Nos. 2 and 3; two members from West Wateree, Seats Nos. 4 and 5; and four members from DeKalb, Seats Nos. 6, 7, 8 and 9 by the qualified electors residing in a single-member district as provided in Section 1A of this act. Full terms shall commence on the second Tuesday in January following the election. Each candidate shall run for a specified numbered office and shall must be a resident of the township to district from which such number is assigned he is elected. All candidates for the office of the board of trustees shall run in a nonpartisan primary to be conducted by the county election commission at the same time as other county primary elections are held. The expenses of such election shall must be borne by the county. Each candidate in the primary shall be required to pay a filing fee to the election commission in such the sum as it may determine, but not to exceed one hundred dollars. All of such the fees shall must be deposited to the general fund of the county. The two candidates receiving the most votes for each seat district who do not withdraw shall have their names placed on the general election ballot and the person receiving the highest number of votes for each seat district in that election shall must be declared elected. Provided, that in the event If a candidate receives a majority of the votes cast in the primary, only his name shall must be placed on the general election ballot. There shall must be no petition candidate for any of these offices in the general election, and no person shall may be a candidate for more than one such office at any one election. ; but nothing herein shall Nothing in this section may be construed to prohibit a qualified individual from running as a 'write-in' candidate in the general election."
SECTION 2. Act 930 of 1970 is amended by adding:
"SECTION 1A. There are created nine single-member districts for the election of the school trustees of Kershaw County as follows:
DISTRICT 1
Area Population
Kershaw County
DOBYS MILL 1,295
LUGOFF 1
Tract 9704.00
Blocks: 182, 183, 318, 320, 321, 322, 323,324, 325, 326, 346, 345, 347, 348, 349, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 571, 572, 573, 574, 575, 576 1,239
LUGOFF 2 2,427
DISTRICT TOTAL 4,961
DISTRICT 2
Area Population
Kershaw County
ELGIN 1 2,803
ELGIN 2
Tract 9709.00
Blocks: 111, 113, 121, 122, 123, 124, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 168B, 218, 219, 220, 221, 222, 223, 225, 227, 228, 229, 230, 231, 232, 233, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 301, 302A, 302B, 303, 304, 305A, 305B, 306A, 306B, 307, 308, 309, 310, 311, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 336, 338A, 338B, 338C, 339, 340A, 340B, 341A, 341B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 388 2,141
DISTRICT TOTAL 4,944
DISTRICT 3
Area Population
Kershaw County
ELGIN 2
Tract 9709.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 125, 126, 150, 151, 152, 153, 154, 155, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 224, 226 560
LUGOFF 1
Tract 9704.00
Blocks: 309, 310, 311, 313, 314, 315, 316, 317, 319, 327, 328, 329, 330, 331, 332, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344 177
LUGOFF 3 1,292
RABONS CROSSROADS 1,671
SALT POND 1,210
DISTRICT TOTAL 4,910
DISTRICT 4
Area Population
Kershaw County
CAMDEN 1 1,356
CHARLOTTE THOMPSON 1,955
RIVERDALE
Tract 9705.00
Blocks: 741, 742, 743, 744, 745, 746, 747, 748,
749, 750, 751 224
Tract 9708.00
Blocks: 602, 603, 604, 605, 606, 607, 608D, 620,
621, 622, 623, 624, 625, 626, 627, 628, 701, 702,
705, 706, 707, 708, 709, 710, 711, 712, 713 1,230
DISTRICT TOTAL 4,765
DISTRICT 5
Area Population
Kershaw County
CAMDEN 2
Tract 9708.00
Blocks: 317, 318, 319, 320, 321, 322, 323, 328, 329, 330 323
CAMDEN 3
Tract 9705.00
Blocks: 737, 738 0
Tract 9708.00
Blocks: 207, 208, 209, 210, 211, 212, 213, 214, 215, 222, 223 335
CAMDEN 4
Tract 9705.00
Blocks: 601, 602, 603, 604, 605, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 725A, 735A, 736 742
CAMDEN 5A
Tract 9705.00
Blocks: 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 415, 416, 452, 453, 454, 455, 456, 457, 458 581
CAMDEN 5
Tract 9705.00
Blocks: 417B, 701, 702A, 702B, 703A, 703B, 704, 717, 718A, 718B, 719 66
LIBERTY HILL 385
RIVERDALE
Tract 9705.00
Blocks: 716B, 720, 721A, 721B, 721C, 722, 723, 724, 725B, 726, 727, 728, 729, 730, 731, 732A, 732B, 732C, 732D, 733A, 733B, 734A, 734B, 735B, 739, 740, 752, 753, 754 175
Tract 9708.00
Blocks: 703, 704 0
SHAYLORS HILL 925
SPRINGDALE
Tract 9705.00
Blocks: 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 240, 241, 242, 243, 244, 245, 251, 252, 253, 446, 448, 449 450
WESTVILLE
Tract 9703.00
Blocks: 304, 305, 306, 307, 308, 309, 310, 311,
312, 313, 314, 315, 316, 317, 318, 319, 320, 321,
323, 324, 325, 326, 353, 354, 355, 356, 357, 358,
359, 360, 361, 386, 387, 388, 389, 390, 391, 392,
393, 394 289
Tract 9705.00
Blocks: 111, 116, 117, 118, 119, 137, 138, 139,
164, 165, 166, 167, 168, 169, 170, 171, 193, 194,
195, 196, 197 455
DISTRICT TOTAL 4,716
DISTRICT 6
Area Population
Kershaw County
BETHUNE 1,877
BUFFALO 1,277
CASSATT 1,316
GATES FORD 441
DISTRICT TOTAL 4,911
DISTRICT 7
Area Population
Kershaw County
CAMDEN 2
Tract 9708.00
Blocks: 305, 311, 312, 314, 315, 316, 324, 325, 326, 327, 331, 332 251
CAMDEN 3
Tract 9708.00
Blocks: 201, 202, 203, 204, 205, 206, 216, 217, 218, 219, 220, 221, 224, 225, 226, 306, 307, 308, 309, 310, 313 673
CAMDEN 4
Tract 9705.00
Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 606, 607, 608, 609, 610, 624, 625, 626 858
CAMDEN 5A
Tract 9705.00
Blocks: 234A, 382, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 305
CAMDEN 5
Tract 9705.00
Blocks: 417A, 417C, 418, 438A, 439, 450A, 451, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716A 496
CAMDEN 6
Tract 9708.00
Blocks: 103, 114, 115, 116, 120, 126A, 127A, 128, 129, 130, 131, 132, 136, 137, 139, 140, 141, 142, 143A, 144A, 144B, 145A, 146A, 158A, 158B, 159A, 160, 301, 302, 303, 304, 333, 334 442
SPRINGDALE
Tract 9705.00
Blocks: 201, 202, 203, 204, 205, 206, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 234B, 235, 236A, 236B, 237, 238, 239, 246, 247A, 247B, 248, 249, 250, 342, 343, 344, 345, 346,
347, 348, 349, 350, 356, 357, 358, 359, 360, 361,
362, 363, 364, 365, 367, 368, 369, 370, 371, 419,
420, 421, 422, 423, 424, 425A, 425B, 426, 427,
428A, 428B, 428C, 429, 430, 431, 432, 433, 434,
435, 436, 437, 438B, 440, 441, 442, 443, 444,
445, 447, 450B 1,757
DISTRICT TOTAL 4,782
DISTRICT 8
Area Population
Kershaw County
ANTIOCH 820
EAST CAMDEN-HERMITAGE
Tract 9708.00
Blocks: 123, 124, 125, 126B, 127B, 143B, 144C, 145B, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158C, 159B, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 528B, 532, 533, 534, 535, 536 817
MALVERN HILL
Tract 9706.00
Blocks: 221, 222, 223, 224, 225, 227, 238, 239,
240, 241, 242, 244, 245, 246, 247, 248, 249, 250,
251, 252, 253, 254, 256, 257, 258, 259, 260, 261,
262, 263, 264, 265, 266, 267, 268, 269, 270, 271,
272, 273, 401, 402, 403, 404, 405, 406, 407, 408,
409, 410, 411, 412, 413, 414, 415, 416, 417, 418,
419, 420, 421, 422, 423, 424 1,121
WHITE GARDENS 2,035
DISTRICT TOTAL 4,793
DISTRICT 9
Area Population
Kershaw County
AIRPORT 2,308
CAMDEN 6
Tract 9708.00
Blocks: 101B, 102A, 102B, 102D, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 117, 118, 119, 133, 134, 135, 138 159
EAST CAMDEN-HERMITAGE
Tract 9708.00
Blocks: 121, 122 112
MALVERN HILL
Tract 9706.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 213, 213, 215, 216, 217, 218,
219, 220, 226, 228, 229, 230, 231, 232, 233, 234,
235, 236, 237, 243 787
SPRINGDALE
Tract 9705.00
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 351, 352, 353, 354, 355, 366, 396, 397 62
WESTVILLE
Tract 9702.00
Blocks: 241, 242, 243, 244, 245, 246, 247, 248,
249, 250, 251, 252, 254, 258, 259, 260, 268, 269,
270, 271, 272, 273, 274, 275, 276, 277, 279, 282,
283, 284, 285, 286, 287, 288, 289, 290, 291, 292,
293 385
Tract 9703.00
Blocks: 301, 302, 303, 327, 328, 329, 330, 331,
332, 333, 334, 335, 336, 337, 338, 339, 340, 341,
342, 343, 344, 345, 346, 347, 348, 349, 350, 351,
352, 362, 363, 364, 365, 366, 367, 368, 369, 370,
371, 372, 373, 374, 375, 376, 377, 378, 379, 380,
381, 382, 383, 384, 385, 395, 396, 397 574
Tract 9705.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108,
109, 110, 120, 121, 122, 123, 124, 125, 126, 127,
128, 129, 130, 131, 132, 133, 134, 135, 136, 140,
141, 142, 143, 144, 145, 146, 147, 148, 149, 150,
152, 153, 154, 155, 156, 157, 158, 159, 160, 161,
162, 163 430
DISTRICT TOTAL 4,817"
SECTION 3. The terms of all members of the Kershaw County Board of School Trustees serving on the effective date of this act terminate when their successors, elected in the 1992 election as provided in this act, are elected and qualify. Trustees initially elected from districts 2, 4, 6, and 8 shall serve for terms of two years and until their successors are elected and qualify.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 4814 -- Reps. A. Young, Gonzales, Felder, Wofford, Vaughn, Quinn, Hallman, G. Bailey, Rama, H. Brown, Clyborne, Neilson, Wilkins, Kirsh, Wright, Council, Jennings, Haskins, Chamblee, R. Young, Riser, Meacham, Cooper, Huff, Phillips, Cromer, Houck, Keegan, McTeer, Fair, Marchbanks, K. Burch, Farr and J. Harris: A BILL TO AMEND SECTION 8-13-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE OF POLITICAL CONTRIBUTIONS TO RETIRE CAMPAIGN DEBT, SO AS TO PROVIDE THAT DEBT RETIREMENT CONTRIBUTIONS MAY NOT EXCEED THE CONTRIBUTION LIMITS IMPOSED PURSUANT TO "THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991".
Reps. MCELVEEN, ROGERS, WAITES and KEYSERLING proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\CYY\19261.SD).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. Section 8-13-1350 of the 1976 Code is amended to read:
"Section 8-13-1350. (A) A candidate for elective office may not use or permit the use of contributions solicited for or received by the candidate for that office to further the candidacy of the individual for a different office or to retire a campaign debt for a different office as long as the contributions have been received on or before December 31, 1992, and have been transferred to a campaign account for the different office on or before December 31, 1992. A contribution solicited for or received on behalf of the candidate is considered solicited or received for the candidacy for which the individual is then a candidate if the funds or contributions are solicited or received before the general election for which the candidate is a nominee or is unopposed. The prohibition on the use or solicitation of funds does not limit in any way a candidate from retaining funds for use in a subsequent race for the same elective office.
(B) Any assets or funds which are:
(1) the proceeds of a campaign contribution which are held by or under the control of a public official or a candidate for public office on January 1, 1993; and
(2) which continue to be held by or under the control of a public official or a candidate for public office on January 1, 1993; are subject to the provisions of subsection (A)."/
Renumber sections to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. A. YOUNG raised the Point of Order that Amendment No. 8 was out of order as it was not germane.
Rep. McELVEEN argued contra the Point in stating that the Bill itself started off with language of within the contribution limits applicable to the last election and that his Amendment only added another limit that was applicable and in addition it added the language that the contribution cannot be used to retire a campaign debt for a different office which tied it back into the purpose of the original Bill which was to close the loophole on paying debts. He further stated that it was germane because it was added a campaign limit and that it was related to campaign debts just as the original Bill applied to campaign debts.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. McELVEEN continued speaking.
Rep. WILKINS spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Beasley Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harrison Haskins Huff Keegan Lanford Littlejohn Marchbanks McGinnis Phillips Quinn Rama Riser Sharpe Shissias Stone Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Bennett Brown, G. Brown, J. Burch, K. Byrd Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Gentry Glover Harrelson Harris, J. Hodges Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Martin, D. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Rogers Ross Rudnick Scott Sheheen Shirley Snow Stoddard Taylor Tucker Waites Whipper Williams, J.
So, the House refused to table the amendment.
Reps. HASKINS, BAKER, CLYBORNE, CATO, KEEGAN and A. YOUNG objected to the Bill.
Rep. CORBETT moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
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.
The following Bill was taken up.
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.
Rep. HASKINS moved to adjourn debate upon the Bill.
Rep. McABEE moved to table the motion, which was agreed to.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12415.HC), which was adopted.
Amend the bill, as and if amended, by inserting before the enacting words:
/Whereas, the General Assembly recognizes that Savannah Valley Authority has successfully provided economic development services for the Savannah River Basin; and
Whereas, the General Assembly finds that improvement to local environmental, transportation, recreational, and communications infrastructure results in improved local economy; and
Whereas, it is the further intent of the General Assembly that a project of the authority benefit the economy of the political subdivision and region within which the project is located; and
Whereas, it is the intent of the General Assembly that unallocated project proceeds may be invested in local infrastructure when local legislative representation and the authority agree it is appropriate to do so; and
Whereas, in recognition of the authority's contributions to the overall economy of the basin and the fact that activities of the authority also could serve as a benefit to the entire citizenry of the basin; and
Whereas, the General Assembly finds that in order for the authority to offer competitive services to the business community that the authority be empowered to exercise such responsibilities independent of certain procedural requirements of other agencies of state government; and
Whereas, it is the intent of the General Assembly that the authority be empowered to exercise its responsibilities on a basin-wide basis. Now, therefore,/
Amend the bill further by striking all after the enacting words and inserting:
/SECTION 1. Section 13-9-10 of the 1976 Code, as last amended by Act 685 of 1988, is further amended to read:
"Section 13-9-10. (A) There is created the Savannah Valley Authority of South Carolina, referred to in this chapter as the 'authority'. The governing body of the authority consists of an eight the following thirteen member board appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until successors are appointed and qualify:
(1) At least two of the appointed members one member must be residents a resident of McCormick County recommended by the legislative delegation of that county.
(2) At least two of the appointed members one member must be residents a resident of Abbeville County recommended by the legislative delegation of that county.
(3) At least one of the appointed members member must be a resident of Anderson County recommended by the legislative delegation of that county.
(4) At least one member must be a resident of Aiken County.
(5) At least one member must be a resident of Edgefield County.
(6) One member must be from Oconee County.
(7) A member must be from the Second Judicial Circuit and a resident of Aiken or Barnwell County.
(8) A member must be from the Eighth Judicial Circuit and a resident of Abbeville or Greenwood County.
(9) A member must be from the Eleventh Judicial Circuit and a resident of McCormick, Edgefield, or Saluda County.
(10) A member must be from the Thirteenth Judicial Circuit and a resident of Pickens County.
(11) A member must be from the Fourteenth Judicial Circuit and a resident of Allendale, Hampton, or Jasper County.
(12) Two members must be at-large from the State.
(B) Vacancies on the board for any reason must be filled for the unexpired term in the manner of original appointment. Members may be removed by the Governor for cause or at will."
SECTION 2. Section 13-9-20 of the 1976 Code is amended to read:
"Section 13-9-20. The members of the board shall elect one member as chairman and one as vice-chairman and shall also elect a secretary. The board shall establish other offices, committees, and positions under its by-laws as it considers necessary. The board shall meet upon the call of its chairman and in accordance with its by-laws, and four seven members constitute a quorum for the transaction of its business."
SECTION 3. That portion of Section 13-9-30 of the 1976 Code through item (k), as last amended by Act 685 of 1988, is further amended to read:
"The board of the authority shall have has all the rights and powers of a public body politic and corporate and body corporate of this State, including without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers to:
(a) have perpetual succession;
(b) sue and be sued;
(c) adopt, use, and alter a corporate seal;
(d) make adopt and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(e) notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this chapter the authority is exempt from Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;
(f) receive contributions, donations, and payments and to invest and disperse the authority's funds;
(g) make inquiry into the status of, and plans for, the development of the Clark's Hill-Russell J. Strom Thurmond project and the Richard B. Russell project by the United States government, by the State of Georgia, or by any other agency or instrumentality;
(h) encourage, assist, promote, and cooperate in the development of the Savannah River and the streams, canals, or watercourses now or at a later time connected to or flowing into the river and to appear on behalf of the State before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;
(i) negotiate agreements, accords, or compacts on behalf of and in the name of the State with the State of Georgia or the United States, or both, with any agency, department, or commission of either or both, or with any other state or any agency, department, or commission of the other state, relating to the development of the Savannah River and the development of the streams, canals, or watercourses now or at a later time connected to or flowing into the river, and particularly in reference to joint or concurrent action in the furtherance of agreements, accords, or contracts. Interstate compacts made by the authority are subject to approval by concurrent resolution of the General Assembly;
(j) act as the designated a regional development agency of the State to receive, purchase, hold title to, and to manage any real property in the its jurisdiction Clark's Hill Reservoir project area, in the Richard B. Russell Reservoir project area, and of the Savannah River basin, including its tributaries, streams, canals, and watercourses now or at a later time connected to or flowing into the river, in the State acquired by release of surplus real property, by purchase, by donation, by lease, or by exchange and to develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property subject to approval by the State Budget and Control Board as provided in the by-laws of the authority. The authority may shall retain, carry forward, and or expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the authority's exclusive jurisdiction. The proceeds may shall only be used in the development and the promotion of the authority as provided by this chapter and for the purposes authorized by this chapter;
(k) promulgate regulations affecting the use, management, and control of real property acquired pursuant to item (j) of this section governing the use of or doing business on the authority's property or facilities, including the adoption of safety standards and insurance coverage or proof of financial responsibility, including, but not limited to, providing for the licensing of persons, firms, or corporations using or doing business on such property or facilities, and for license fees to cover the expense thereof;".
SECTION 4. Section 13-9-30 of the 1976 Code, as last amended by Act 112 of 1989, is further amended by adding at the end:
"(p) employ and dismiss, at the will and pleasure of the authority, those employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation. Employees of the authority or an entity established pursuant to Section 13-9-190 are not considered state employees except for eligibility for participation in the State Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The provisions of Chapter 11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the authority. The authority is responsible for complying with the other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board to establish a comprehensive human resource management program."
(q) fix, alter, charge, and collect tolls, fees, rents, charges, and assessments for the use of the facilities of or for the services rendered by, the authority; these rates must be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of its facilities and properties, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreements made with the purchasers and holders of these notes, bonds, or other evidences of indebtedness or obligation."
SECTION 5. Section 13-9-35 of the 1976 Code, as last amended by Act 685 of 1988, is amended to read:
"Section 13-9-35. Upon consent of a majority of the members of the House of Representatives representing the county and a majority of the Senators representing the county, the The authority may exercise any of the powers and duties conveyed under the provisions of Section 13-9-30 in the entire area of any a county or portion of any a county which borders the Savannah River or is within the Savannah River Basin; provided, that this consent once given shall continue and may be removed only upon consent of a majority of the members of the House of Representatives representing the county, upon consent of a majority of the Senators representing the county, and upon consent of a majority of the Savannah Valley Authority."
SECTION 6. The first paragraph of Section 13-9-40 of the 1976 Code is amended to read:
"In furtherance of its purposes, The the authority may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, the cost of the following projects:
(a) purchasing real estate;
(b) constructing, reconstructing, or improving roads, bridges, culverts, or other transportation facilities;
(c) constructing, reconstructing, improving, or equipping water distribution systems, sewer treatment and distribution facilities, buildings, or environmental utilities;
(d) constructing, reconstructing, and improving recreational facilities, including but not limited to marinas, docks, swimming pools, parks, dams, ponds, golf courses, racquetball and tennis facilities, and equestrian and archery complexes. the acquisition, construction, equipment, maintenance, and operation of a facility, building structure, or any other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate."
SECTION 7. Section 13-9-140 of the 1976 Code is amended to read:
"Section 13-9-140. All funds of the authority must be invested by the State Treasurer and, upon approval and designation by the State Treasurer of a financial institution or institutions, all funds must be deposited in such institutions by the board in accordance with policies established by the board. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter.
The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this chapter, may not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, vests in the State."
SECTION 8. Section 13-9-150 of the 1976 Code is amended to read:
"Section 13-9-150. The authority may shall retain any unexpended funds at the close of the fiscal year of the State regardless of the source of the funds and expend the funds in subsequent fiscal years."
SECTION 9. The 1976 Code is amended by adding:
"Section 13-9-180. The regulations of the authority must be promulgated in accordance with Chapter 23 of Title 1.
Section 13-9-190. The authority may establish profit or not-for-profit corporations as the authority considers necessary to carry out the purposes of this chapter. Officials or employees of the authority may act as officials or employees of the corporations created pursuant to this section without additional compensation. A corporation created pursuant to this section is considered a 'public procurement unit' for purposes of Article 19, Chapter 35, of Title 11.
The authority may make grants or loans to, or make guarantees for, the benefit of a not-for-profit corporation which the authority has caused to be formed whose articles of incorporation require that its directors be elected by members of the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence or, if it is not in existence, then to this State.
These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this chapter and on the terms and conditions imposed by the authority.
A guarantee made by the authority does not create an obligation of the State or its political subdivisions and is not a grant or loan of the credit of the State or a political subdivision. A guarantee issued by the authority must be a special obligation of the authority. Neither this State nor any political subdivision is liable on a guarantee nor may they be payable out of any funds other than those of the authority and a guarantee issued by the authority must contain on its face a statement to that effect.
Section 13-9-200. The property of the authority is not subject to any taxes or assessments, but the authority shall negotiate a payment in lieu of taxes with the appropriate taxing authorities.
Section 13-9-210. Notwithstanding any provision of law or regulation, the authority continues to be an 'agency' for purposes of Chapter 78 of Title 15; however, the authority is not considered to be an 'agency' or 'state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60."
SECTION 10. Members of the board of the Savannah Valley Authority serving on this section's effective date serve until four years after that date. New members appointed pursuant to Section 13-9-10 amended in Section 1 of this act serve initial terms of two years. Current members are eligible for appointment as members of the reconstituted board.
SECTION 11. If a term or provision of a section of this act is found to be illegal or unenforceable, the remainder of this act nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this act.
SECTION 12. This act takes effect July 1, 1992./
Amend title to read:
TO AMEND THE 1976 CODE BY ADDING SECTIONS 13-9-180, 13-9-190, 13-9-200, AND 13-9-210, SO AS TO REQUIRE THE SAVANNAH VALLEY AUTHORITY TO PROMULGATE REGULATIONS IN ACCORDANCE WITH CHAPTER 23 OF TITLE 1 AND BUDGET AND CONTROL BOARD APPROVAL; TO AUTHORIZE THE AUTHORITY TO ESTABLISH PROFIT AND NOT-FOR-PROFIT CORPORATIONS AND TO MAKE GRANTS, LOANS, OR GUARANTEES FOR SUCH A NONPROFIT CORPORATION WHICH DO NOT BECOME AN OBLIGATION OF THE STATE; TO EXEMPT AUTHORITY PROPERTY FROM TAXES AND ASSESSMENTS; TO REAFFIRM THE AUTHORITY AS AN "AGENCY" FOR PURPOSES OF CHAPTER 78 OF TITLE 15 AND TO EXCLUDE IT AS "AGENCY" UNDER SECTIONS 2-7-65 AND 2-57-60; TO AMEND SECTION 13-9-10, AS AMENDED, RELATING TO THE AUTHORITY BOARD AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE THE BOARD AND INCREASE ITS MEMBERSHIP FROM EIGHT TO THIRTEEN; TO AMEND SECTION 13-9-20, RELATING TO OFFICERS AND MEETINGS OF THE BOARD, SO AS TO PERMIT THE ESTABLISHMENT OF ADDITIONAL OFFICES AND COMMITTEES; TO AMEND SECTION 13-9-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO EXEMPT THE AUTHORITY FROM THE STATE PROCUREMENT CODE EXCEPT FOR MINORITY BUSINESS PROVISIONS, TO CONFORM THE NAME "CLARK'S HILL-RUSSELL PROJECT" TO THE "J. STROM THURMOND PROJECT", TO AUTHORIZE THE BOARD TO ACT AS A REGIONAL DEVELOPMENT AGENCY FOR ACQUIRING REAL PROPERTY, AND TO DELETE THE APPROVAL OF THE STATE BUDGET AND CONTROL BOARD FOR SUCH ACQUISITIONS, TO AUTHORIZE THE BOARD TO CHARGE FEES AND OTHER ASSESSMENTS FOR THE USE OF ITS FACILITIES OR SERVICES, TO AUTHORIZE THE BOARD TO EMPLOY, DISMISS, AND COMPENSATE EMPLOYEES AND OTHERS WITHOUT THE STATE EMPLOYEE LEAVE AND GRIEVANCE PROCEDURES OR THE STATE PROCUREMENT CODE APPLYING EXCEPT FOR MINORITY BUSINESS PROVISIONS; TO AMEND SECTION 13-9-35, AS AMENDED, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF THE COUNTY LEGISLATIVE DELEGATION FOR THE AUTHORITY TO EXERCISE ITS POWERS IN THAT COUNTY; TO AMEND SECTION 13-9-40, RELATING TO THE ISSUANCE OF BONDS BY THE AUTHORITY, SO AS TO AUTHORIZE THE BOARD TO ISSUE TAXABLE OR TAX EXEMPT BONDS FOR PURPOSES RELATED TO ACQUIRING, CONSTRUCTING, EQUIPPING, MAINTAINING, AND OPERATING A FACILITY; TO AMEND SECTION 13-9-140, RELATING TO THE EARNINGS OF THE AUTHORITY, SO AS TO ALLOW THE STATE TREASURER TO INVEST FUNDS OF THE AUTHORITY AND TO ALLOW THE FUNDS TO BE UTILIZED IN ACCORDANCE WITH POLICIES OF THE AUTHORITY; TO AMEND SECTION 13-9-150, RELATING TO THE RETENTION OF FUNDS OF THE AUTHORITY, SO AS TO REQUIRE THAT THE AUTHORITY RETAIN UNEXPENDED FUNDS AT THE END OF THE FISCAL YEAR; TO PROVIDE FOR MEMBERSHIP TRANSITION PROVISIONS FOR THE NEWLY CONSTITUTED BOARD, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS./
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Reps. J. BAILEY and GONZALES proposed the following Amendment No. 2 (Doc Name H-MEMBER\SEG\BAILEY.LTL), which was ruled out of order.
Amend the committee report, as and if amended, page 732-2, beginning on line 14, by deleting the words /Now, therefore,/.
Amend the committee report further, as and if amended, page 732-2, by inserting after line 14 the following:
/Whereas, the General Assembly finds and declares that the promotion of economic and industrial development of the State is crucial to the welfare of its inhabitants and the future economic viability of South Carolina and that such objectives are primarily fostered by state policy which recognizes and encourages cooperation among counties within the various regions of the State; and
Whereas, the Supreme Court of South Carolina has recognized the validity of such legislative findings in case law precedence by holding that industrial development is a valid public purpose and that public purpose is a fluid concept which changes with time, place, population, economy, and countless other circumstances; and
Whereas, the General Assembly recognizes changes in our State's economy currently affecting our residents. Opportunities for economic development frequently cross county lines, thereby making joint efforts to attract employment opportunities desirable; and
Whereas, the need for coordination in financing and fostering economic development in Berkeley, Charleston, and Dorchester Counties is vital to the continued growth; and
Whereas, an opportunity has presented itself to compete with other locations throughout the Southeast for a regional accounting center to be utilized by the Department of Defense which is expected to have a workforce in excess of 4,000 people; and
Whereas, the Department of Defense has asked communities to provide a response to its request for a proposal which would describe opportunities to the Department of Defense should it locate in a specific location in the Southeast; and
Whereas, response to a potential employer of such magnitude demands a regional approach inasmuch as both costs and the benefits of attracting such an employer would be enjoyed by the entire region and not simply by a specific county; and
Whereas, establishment of a political subdivision which will encourage economic development over a three county region is a matter of statewide importance which may not be addressed within the powers individually granted the three specific counties which comprise the area of Trident Economic Development Finance Authority; and
Whereas, this legislation is part of the continuing effort of the General Assembly to accomplish the statewide policy of economic development in our State; and in order to fully develop our human resources by providing the fullest range of opportunities for our residents. Now, therefore,/
Amend the committee report further, as and if amended, page 732-10, after line 2, by adding new appropriately numbered SECTIONS to read as follows:
/SECTION __. Title 13 of the 1976 Code is amended by adding:
Trident Economic Development Finance Authority
Section 13-12-10. There is created the Trident Economic Development Finance Authority. The governing body of the authority is a seven-member board whose members shall serve for terms of four years and until their successors are elected and qualify. The governing bodies of Berkeley and Dorchester Counties shall each elect two members of the board and the governing body of Charleston County shall elect three members of the board. Vacancies on the board must be filled for the unexpired term in the manner of the original election. The authority is a local political subdivision as contemplated by Section 11-35-310(18), Code of Laws of South Carolina, 1976, as amended.
Section 13-12-20. The members of the board shall elect a chairman, vice-chairman, and secretary. The board shall establish other offices, committees, and positions under its bylaws as it considers necessary. The board shall meet on the call of the chairman and in accordance with its bylaws. Four members of the board, including at least one member elected from each of the three counties, constitute a quorum for the transaction of its business.
Section 13-12-30. The board has all the rights and powers of a body politic and body corporate of this State, including without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the right and power to:
(a) have perpetual succession;
(b) sue and be sued;
(c) adopt, use, and alter a seal;
(d) make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(e) acquire, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. The authority has no power to pledge the credit and the taxing power of the State. If revenue financing is used, neither the faith and credit of the State nor of any county lying within the authority nor of the authority itself shall be pledged to the payment of the principal and interest of the obligations and there shall be on the face of such obligation a statement, plainly worded, to that effect;
(f) issue general obligation bonded indebtedness pursuant to Article X, Section 14 of the South Carolina Constitution, secured in whole or in part by a pledge of the full faith, credit, and taxing power of all taxable property in the authority;
(g) receive contributions, grants, donations, and payments from any source and to invest and disperse the authority's funds;
(h) encourage, assist, promote, and cooperate in the development of the tri-county area of Berkeley, Charleston and Dorchester counties and to appear before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;
(i) develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property. The authority may retain, carry forward, and expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the authority's exclusive jurisdiction. The proceeds may only be used in the development and the promotion of the authority as provided by this chapter and for the purposes authorized by this chapter;
(j) develop policies governing the use of, management, business and control of the authority's property or facilities;
(k) borrow money, make and issue notes, bonds, and other evidences of indebtedness, including revenue bonds as described in (e), general obligation bonds as described in (f) above, and refunding and advanced refunding notes and bonds, of the authority; to secure the payment of the obligations or any part by pledge of the full faith, credit, and tax power of the authority, mortgage, lien, pledge, or deed of trust on any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earnings on and income from the investments; to invest its monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness as set forth in Section 6-5-10, Code of Laws of South Carolina, 1976, as now or hereafter amended; to make agreements with the purchasers or holders of the notes, bonds, or other evidences of indebtedness or with others in connection with any notes, bonds, or other evidences of indebtedness, whether issued or to be issued, as the authority considers advisable; and to provide for the security for the notes, bonds, or other evidences of indebtedness and the rights of the holders of the notes, bonds, or other evidences of indebtedness. In the exercise of the powers granted in this section to issue advanced refunding notes, bonds, or other evidences of indebtedness the authority may, but is not required to, avail itself of or comply with any of the provisions of Chapter 21 of Title 11 in the event revenue bonds are issued or Chapter 15 of Title 11 in the event general obligation bonds are issued;
(l) loan the proceeds of notes, bonds, or other evidences of indebtedness to a person, corporation, or partnership to construct, acquire, improve, or expand the projects described in Section 13-12-40;
(m) make contracts, including service contracts with a person, corporation, or partnership, to provide the services provided in Section 13-12-40, and to execute all instruments necessary or convenient for the carrying out of business; and
(n) acquire rights-of-way and property necessary for the accomplishment of its duties and purposes, the authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation actions must be in the name of the authority. The power of eminent domain pursuant to the procedures provided in Chapter 2 of Title 28 applies to all property of private persons or corporations and also to property already devoted to public use in the counties from which board members are selected;
(o) enter into joint or cooperative agreements with the Federal or State governments or any political subdivision of the state to perform any or all of its functions.
Section 13-12-40. The authority may issue general obligation bonds or revenue bonds for the purpose of financing or refinancing, in whole or in part, the cost of the following projects:
(a) purchasing real estate;
(b) constructing, reconstructing, or improving any capital improvements; and
(c) operating and maintenance costs.
In connection with the issuance of bonds, the authority may enter into an agreement with a company to construct, operate, maintain, and improve a project, and the authority may enter into a financing agreement with the company prescribing the terms and conditions of the payments to be made by the company to the authority, or its assignee, to meet the payments that become due on bonds. Any general obligation bonds of the authority shall not be issued until approved by a referendum of the registered electors in each of the three counties in accordance with the remaining provisions of this Chapter.
Section 13-12-50. General obligation bonds or revenue bonds issued under this chapter for any project described in Section 13-12-40 must be authorized by resolution of the board. The resolution may contain provisions which are a part of the contract between the authority and the several holders of the bonds as to:
(a) the custody, security, use, expenditure, or application of the proceeds of the bonds;
(b) the acquisition, construction, and completion of any project for which the bonds are issued;
(c) the use, regulation, operation, maintenance, insurance, or disposition of the project for which the bonds are issued, or any restrictions on the exercise of the powers of the board to dispose of or limit or regulate the use of the project;
(d) the payment of the principal of or interest on the bonds and the sources and methods of payment, including the ad valorem tax levy or the authority, the rank or priority of any bonds as to any lien or security, or the acceleration of the maturity of any bonds;
(e) the use and disposition of the revenues derived or to be derived from the operation of any project;
(f) the pledging, setting aside, depositing, or entrusting of the revenues from which the bonds are made payable to secure the payment of the principal of and interest on the bonds or the payment of expenses of operation and maintenance of the project;
(g) the setting aside of revenues, reserves, or sinking funds and the source, custody, security, regulation, and disposition of the revenues, reserves, or sinking funds;
(h) the determination of the definition of revenues or of the expenses of operation and maintenance of the project for which the bonds are issued;
(i) the rentals, fees, or other charges derived from the use of the project and the fixing, establishing, collection, and enforcement of the rentals, fees, or other charges, the amount or amounts of revenues to be produced by the rentals, fees, or other charges, and the disposition and application of the amounts charged or collected;
(j) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable from the same revenues from which the bonds are payable;
(k) rules to ensure the use of the project by the public or private sector to the maximum extent to which the project is capable of serving the public or private sector;
(l) any other matter or course of conduct which, by recital in the resolution authorizing the bonds, is declared to further secure the payment of the principal of or interest on the bonds.
Section 13-12-60. The governing bodies of Berkeley, Charleston, and Dorchester Counties are empowered to call for a referendum in their respective counties for the purpose of approving the authority's issuance of general obligation bonds whose proceeds must be used in furtherance of any power of the authority under the procedures prescribed in this chapter. No general obligation bonds of the authority shall be issued unless approved by referendum conducted in each of the three counties in accordance with the remaining provisions of this Chapter. If, upon its own finding or upon petition of the authority, each governing body of Berkeley, Charleston, and Dorchester Counties shall determine that it may be in the interest of the authority to raise moneys for the furtherance of any power of the authority, it may order a public hearing to be held upon the question of the issuance of general obligation bonds of the authority. Two or more of the governing bodies may elect to jointly hold the public hearing required by this section.
Section 13-12-70. Notice of the public hearing required by Section 13-12-60 shall be published by each county once a week for three successive weeks in a newspaper of general circulation in the county. The notice shall state:
(a) the time of the public hearing, which shall be not less than sixteen days following the first publication of the notice;
(b) the place of the hearing;
(c) the maximum amount of general obligation bonds proposed to be issued by the authority;
(d) a statement setting forth the purpose for which the proceeds of such bonds are to be expended; and
(e) a brief summary of the reasons for the issuance of such bonds and the method by which the principal and interest of such bonds are to be paid.
Section 13-12-80. The hearing shall be conducted publicly and both proponents and opponents of the proposed action shall be given full opportunity to be heard.
Section 13-12-90. Following the hearing, the governing body of each county shall, by ordinance, make a finding as to whether and to what extent general obligation bonds of the authority should be issued, and may thereupon call for a referendum of such county on the question of approval of the issuance of general obligation bonds by the authority to the extent it finds necessary, not to exceed the maximum amount of proposed general obligation bonds as published in the notice required by Section 13-12-70.
Section 13-12-100. In the event the governing body of each county calls for a referendum on the question of approval of the issuance of general obligation bonds by the authority, each governing body shall thereupon cause notice of its action to be published for three successive weeks in a newspaper of general circulation in the county which shall state;
(a) the results of its action;
(b) the extent to which bonds of the authority are proposed to be issued and the method to be provided for their payment;
(c) when an election shall be ordered in the authority upon the question of the issuance of bonds of the authority.
Section 13-12-110. A person affected by the action of the governing body of each county may, by action de novo instituted in the court of common pleas for such county, within twenty days following the last publication of notice prescribed by Section 13-12-100, but not afterwards, challenge the action of the governing body of the county.
Section 13-12-120. If an election is ordered as provided in Section 13-12-100, the election shall be conducted in the same manner and under the procedure applicable to the issuance of general obligation bonds of the counties of the State by the provisions of Chapter 15, Title 4, as now or hereafter amended.
Section 13-12-130. Bonds of the authority issued following authorization given pursuant to Sections 13-12-60 to 13-12-120 shall be issued by the governing body of the authority on behalf of the authority in accordance with the provisions of Sections 6-11-900 through 6-11-1010, as now or hereafter amended.
Section 13-12-140. The principal of and interest on bonds issued under this chapter are exempt from taxation, as provided in Section 12-2-50. All security agreements, indentures, and financing agreements made pursuant to the provisions of this chapter are exempt from state stamp and transfer taxes.
Section 13-12-150. The bonds must be signed in the name of the board of the authority by the manual or facsimile signature of the chairman of the board and attested with the manual or facsimile signature of the secretary of the board. Interest coupons attached to the bonds must be signed by the facsimile signatures of the officers. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the bonds or the coupons have ceased to hold office at the time of issue or at the time of the delivery of the bonds to the purchaser. Section 13-12-160. All provisions of a resolution authorizing the issuance of the bonds in accordance with this chapter and any covenants and agreements constitute legally binding contracts between the authority and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by any holder by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.
Section 13-12-170. General obligation bonds authorized by this chapter shall be secured by the full faith, credit, and taxing power of the authority. Revenue bonds authorized by the chapter are limited obligations of the authority. The principal and interest of the general obligation bonds are secured in whole or in part by a pledge of the full faith, credit and taxing power of the authority. The principal and interest of the revenue bonds are payable solely out of the revenues derived by the authority, including revenues that may be derived by the authority pursuant to the financing agreement with respect to the project which the revenue bonds are issued to finance. The revenue bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The revenue bonds do not constitute or give rise to a pecuniary liability of the authority, the State, or any political subdivision of the State, or to a charge against the general credit of the authority, the State, or any political subdivision of the State or taxing powers of the State, or any political subdivision of the State, and this fact must be plainly stated on the face of each revenue bond. The principal of and interest on any revenue bonds issued under this chapter must be secured by a pledge of the revenues from which the revenue bonds are payable, may be secured by a security agreement, including a mortgage or any property given as security pursuant to a financing agreement, and may be additionally secured by a pledge of the financing agreement with respect to the project. The trustee under any security agreement or indenture, or any depository specified by the security agreement or indenture, may be any person or corporation as the authority designates, notwithstanding that the trustee may be a nonresident of this State or incorporated under the laws of the United States or the laws of other states.
Section 13-12-180. The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this chapter, may not inure to the benefit of any person other than the authority.
Section 13-12-190. The authority shall retain any unexpended funds at the close of the fiscal year of the State regardless of the source of the funds and expend the funds in subsequent fiscal years.
Section 13-12-200. (A) Before undertaking a project in connection with issuing bonds authorized by Section 13-12-40, the board of the authority shall make a determination:
(1) that the project will serve the purposes of this chapter;
(2) that the project is anticipated to benefit the general public welfare of the area by providing services, employment, recreation, or other public benefits;
(3) as to the amount of bonds required to finance the project;
(4) as to the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project;
(5) as to the amount necessary to be paid each year into any reserve funds which the board may consider advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
The determinations of the board must be set forth in the proceedings as required by Section 11-15-10 under which the proposed bonds are to be issued.
Section 13-12-210. The proceeds from the sale of any bonds issued under authority of this chapter may be applied only for the purpose for which the bonds were issued, except any premium and accrued interest received in any sale must be applied to the payment of the principal of or the interest on the bonds sold, and if for any reason any portion of the proceeds are not needed for the purpose for which the bonds were issued, that portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.
The cost of acquiring any project includes the following:
(1) the actual cost of the construction of any part of a project, including architects', engineers', and attorneys' fees; (2) the purchase price of any part of a project that may be acquired by purchase;
(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance the acquisition;
(4) the interest on the bonds for a reasonable time prior to construction and for not exceeding one year after completion of the construction."
SECTION ___. The provisions of Title 13, Chapter 12 as added by this act shall take effect upon approval by the Governor./
Amend the committee report further, as and if amended, page 732-10, line 3, by striking SECTION 12, and inserting the following:
/SECTION ___. Except as otherwise specified in this act, this act shall take effect July 1, 1992./
Renumber sections to conform.
Amend title to conform.
Rep. GONZALES explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that it added a new group.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the Amendment out of order.
Rep. BAXLEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6619.HC), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION ___ (A). Whereas, the General Assembly finds that improvement to local environmental, transportation, recreational, and communications infrastructure results in improved local economy; and
Whereas, the General Assembly finds that the creation of an agency to be known as the Pee Dee Authority to provide economic development services to the Pee Dee River Basin will contribute to the overall economy of the Basin and will benefit the entire citizenry of the Basin; and
Whereas, it is the further intent of the General Assembly that a project of the authority benefit the economy of the political subdivision and region within which the project is located; and
Whereas, it is the intent of the General Assembly that unallocated project proceeds may be invested in local infrastructure when local legislative representation and the authority agree it is appropriate to do so; and
Whereas, the General Assembly finds that in order for the authority to offer competitive services to the business community that the authority be empowered to exercise such responsibilities independent of certain procedural requirements of other agencies of state government; and
Whereas, it is the intent of the General Assembly that the authority be empowered to exercise its responsibilities on a Basin-wide basis. Now, therefore,
(B) Title 13 of the 1976 Code is amended by adding:
SECTION 13-10-10. There is created the Pee Dee Authority, referred to in this chapter as the 'authority'. The governing body of the authority consists of a fifteen member board appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. One member must be appointed from each of the following counties: Chesterfield, Clarendon, Darlington, Dillon, Florence, Georgetown, Horry, Kershaw, Lancaster, Lee, Marion, Marlboro, Sumter and Williamsburg. One member must be appointed from the state at large.
Section 13-10-20. The members of the authority board shall elect one member as chairman and one as vice-chairman and shall also elect a secretary. The board shall establish other offices, committees, and positions under its bylaws as it considers necessary. The board shall meet upon the call of its chairman and in accordance with its bylaws, and eight members constitute a quorum for the transaction of its business.
Section 13-10-30. The authority board has all the rights and powers of a body politic and corporate and body corporate of this State, including without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers to:
(1) have perpetual succession;
(2) sue and be sued;
(3) adopt, use, and alter a corporate seal;
(4) adopt and amend bylaws for regulation of its affairs consistent with this chapter;
(5) notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures or regulations as approved by the State Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Subarticle 3, Article 21, Chapter 35 of Title 11, in exercising the powers authorized in this chapter the authority is exempt from Title 11 of Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;
(6) receive contributions, donations, and payments and to invest and disperse the authority's funds;
(7) encourage, assist, promote, and cooperate in the development of the Pee Dee River and the streams, canals, or watercourses now or at a later time connected to or flowing into the river and to appear on behalf of the State before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;
(8) to negotiate agreements, accords, or compacts on behalf of and in the name of the State with the State of North Carolina or the United States, or both, with any agency, department, or commission of either or both, or with any other state or any agency, department, or commission of the other state, relating to the development of the Pee Dee River and the development of the streams, canals, or watercourses now or at a later time connected to or flowing into the river, and particularly in reference to joint or concurrent action in the furtherance of agreements, accords, or contracts. Interstate compacts made by the authority are subject to approval by concurrent resolution of the General Assembly;
(9) act as a regional development agency of the State to receive, purchase, hold title to, and to manage any real property in its jurisdiction acquired by release of surplus real property, by purchase, by donation, by lease, or by exchange and to develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property as provided in the bylaws of the authority. The authority shall retain, carry forward, or expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the authority's exclusive jurisdiction. The proceeds shall be used only in the development and the promotion of the authority as provided by this chapter and for the purposes authorized by this chapter;
(10) promulgate regulations governing the use of or doing business on the authority's property or facilities, including the adoption of safety standards and insurance coverage or proof of financial responsibility including, but not limited to, providing for the licensing of persons, firms, or corporations using or doing business on such property or facilities, and for license fees to cover the expense thereof;
(11) borrow money, make and issue notes, bonds, and other evidences of indebtedness, including refunding and advanced refunding notes and bonds, of the authority; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earnings on and income from the investments in which proceeds are invested in the earnings on and income from the investments; to invest its monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness, in obligations of, or obligations the principal of and interest on which are guaranteed by or are fully secured by contracts with, the United States, in obligations of any agency, instrumentality, or corporation which has been or may at a later time be created by or pursuant to an act of the United States Congress as an agency, instrumentality, or corporation, in direct and general obligations of this State, and in certificates of deposit issued by any bank, trust company, or national banking association; to make agreements with the purchasers or holders of the notes, bonds, or other evidences of indebtedness or with others in connection with any notes, bonds, or other evidences of indebtedness whether issued or to be issued, as the authority considers advisable; and to provide for the security for the notes, bonds, or other evidences of indebtedness.
In the exercise of the powers granted in this section to issue advanced refunding notes, bonds, or other evidences of indebtedness the authority may, but is not required to, avail itself of or comply with any of the provisions of Chapter 21 of Title 11. The authority, when investing in certificates of deposit, shall invest in certificates of deposit issued by institutions authorized to do business in this State if the institutions offer terms which, in the opinion of the authority, are equal to or better than those offered by other institutions;
(12) loan the proceeds of notes, bonds, or other evidences of indebtedness to a person, corporation, or partnership to construct, acquire, improve, or expand the projects described in Section 13-10-50;
(13) to make contracts, including service contracts with a person, corporation, or partnership, to provide the services provided in Section 13-10-50, and to execute all instruments necessary or convenient for the carrying out of business;
(14) for the acquiring of rights-of-way and property necessary for the accomplishment of its duties and purposes, the authority may purchase them by negotiation or may condemn them, and should it elect the right of eminent domain, condemnation actions must be in the name of the authority. The power of eminent domain applies to all property of private persons or corporations and also to property already devoted to public use in any of the counties which are represented by members as set forth in Section 13-10-10;
(15) employ and dismiss, at the will and pleasure of the authority, those employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation. Employees of the authority or any entity established pursuant to Section 13-10-200 are not considered to be state employees except for eligibility for participation in the State Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. Chapter 11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the authority. The authority is responsible for complying with the other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board to establish a comprehensive human resource management program. Except for the provisions of Subarticle 3, Article 21, Chapter 35 of Title 11, the provisions of Chapter 35 of Title 11 do not apply to the authority in the employment of consultants and other providers of service, but consultants and other providers of services are subject to the authority's procurement procedures or regulations as approved by the State Budget and Control Board;
(16) fix, alter, charge, and collect tolls, fees, rents, charges, and assessments for the use of the facilities of or for the services rendered by, the authority; these rates must be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of its facilities and properties, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreements made with the purchasers and holders of these notes, bonds, or other evidences of indebtedness or obligation.
Section 13-10-40. The authority may exercise any of the powers and duties conveyed under Section 13-10-30 in the entire area of a county or portion of a county which borders the Pee Dee River or is within the Pee Dee River Basin.
Section 13-10-50. In furtherance of its purposes, the authority may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, the acquisition, construction, equipment, maintenance, and operation of any facility, building structure, or any other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate.
In connection with the issuance of bonds, the authority may enter into an agreement with a company to consult, operate, maintain, and improve a project, and the authority may enter into a financing agreement with the company to the authority or its assignee, to meet the payments that become due on the bonds.
Section 13-10-60. Revenue bonds issued under this chapter for any project described in Section 13-10-50 must be authorized by resolution of the board of the authority. The resolution may contain provisions which are a part of the contract between the authority and the several holders of the bonds as to:
(1) the custody, security, use, expenditure, or application of the proceeds of the bonds;
(2) the acquisition, construction, and completion of any project for which the bonds are issued;
(3) the use, regulation, operation, maintenance, insurance, or disposition of the project for which the bonds are issued, or any restrictions on the exercise of the powers of the board to dispose of or limit or regulate the use of the project;
(4) the payment of the principal of or interest on the bonds and the sources and methods of payment, the rank or priority of any bonds as to any lien or security, or the acceleration of the maturity of any bonds;
(5) the use and disposition of the revenues derived from the operation of any project;
(6) the pledging, setting aside, depositing, or entrusting of the revenues from which the bonds are made payable to security the payment of the principal of and interest on the bonds or the payments of expenses of operation and maintenance of the project;
(7) the setting aside of revenues, reserves, or sinking funds and the source, custody, security, regulation, and disposition of the revenues, reserves, or sinking funds;
(8) the determination of the definition of revenues or of the expenses of operation and maintenance of the project for which the bonds are issued;
(9) the rentals, fees, or other charges derived from the use of the project and the fixing, establishing, collection, and enforcement of the rentals, fees, or other charges, the amount or amounts of revenues to be produced by the rentals, fees, or other charges, and the disposition and application of the amounts charged or collected;
(10) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payment from the same revenues from which the bonds are payable;
(11) rules to insure the use of the project by the public or private sector to the maximum extent to which the project is capable of serving the public or private sector;
(12) any other matter or course of conduct, which, by recital in the resolution authorizing the bonds, is declared to further secure the payment of the principal of or interest on the bonds.
Section 13-10-70. The bonds may be issued in one or more series, may bear date, may mature at a time not exceeding forty years from their respective dates, may bear interest at the rate or rates a year as approved by the State Budget and Control Board, may be payable in the medium of payment and at a place, may be in a denomination, may be in a form, either coupon or registered, may carry registration privileges, may be subject to terms or redemption before maturity, with or without premium, and may contain terms, covenants, and conditions as the resolution authorizing the issuance of the bonds may provide. The interest rate on bonds issued by the authority, the proceeds of which are loaned to a company pursuant to a financing agreement to construct or acquire a project authorized under Section 13-10-50, are not subject to approval by the State Budget and Control Board. The bonds are fully negotiable within the meaning of and for the purposes of the Uniform Commercial Code.
Section 13-10-80. The principal of and interest on bonds issued under this chapter are exempt from taxation, as provided in Section 12-2-50. All security agreements, indentures, and financing agreements made pursuant to the provisions of this chapter are exempt from state stamp and transfer taxes.
Section 13-10-90. No bonds may be issued pursuant to the provisions of this chapter until the proposal of the board of the authority to issue the bonds receives the approval of the State Budget and Control Board. When the board proposes to issue bonds, it shall file a proposal with the State Budget and Control Board setting forth:
(1) a brief description of the project proposed to be undertaken and its anticipated effect upon the economy of the area in which the project is to be located;
(2) a reasonable estimate of the cost of the project;
(3) a general summary of the terms and conditions of any financing agreement and security agreement.
Upon the filing of the proposal, the State Budget and Control Board shall, as soon as practicable, make an independent investigation, as it considers necessary or appropriate, and if it finds that the project is intended to promote the purposes of this chapter, it may approve the project. At any time following the approval, the board may proceed with the acquisition and financing of the project. If the proceeds of the bonds are to be made available to a company to construct a project, as provided in Section 13-10-50, notice of the approval of any project by the State Budget and Control Board must be published at least once by the authority in a newspaper having general circulation in the county where the project is to be located.
Any interested party may, within twenty days after the date of the publication notice, but not after the twenty days, challenge the validity of the approval in the court of common pleas in the county where the project is to be located.
Section 13-10-100. The bonds must be signed in the name of the board of the authority by the manual or facsimile signature of the chairman of the board and attested with the manual or facsimile signature of the secretary of the board. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the bonds or the coupons have ceased to hold office at the time of issue or at the time of the delivery of the bonds to the purchaser.
Section 13-10-110. The bonds must be sold at public or private sale upon terms and conditions as the State Budget and Control Board considers advisable.
Section 13-10-120. The board of the authority or its proper administrative officers shall file with the State Treasurer within thirty days from the date of their issuance a complete description of all obligations entered into by the board with the rates of interest, maturity dates, annual payments, and all pertinent data.
Section 13-10-130. All provisions of a resolution authorizing the issuance of the bonds in accordance with this chapter and any covenants and agreements constitute legally binding contracts between the authority and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by any holder by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.
Section 13-10-140. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority, including any revenues that may be derived by the authority pursuant to the financing agreement with respect to the projects which the bonds are issued to finance. The bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the authority, the State, or any political subdivision of the State, or to a charge against the general credit of the authority, the State, or any political subdivision of the State or taxing powers of the State, or any political subdivision of the State, and this fact must be plainly stated on the face of each bond. The principal of and interest on any bonds issued under this chapter must be secured by a pledge of the revenues from which the bonds are payable, may be secured by a security agreement, including a mortgage or any property given as security pursuant to a financing agreement, and may be additionally secured by a pledge of the financing agreement with respect to the project. In making any agreements or provisions, the board of the authority does not have the power to obligate itself with respect to any project for which the proceeds of bonds issued under this chapter have been loaned to a company, except with respect to the project and the application of the revenues from the financing agreement, and does not have the power to incur a pecuniary liability or a charge upon its general credit.
The trustee under any security agreement or indenture, or any depository specified by the security agreement or indenture, may be any person, or corporation as the authority designates, notwithstanding that the trustee may be a nonresident of this State or incorporated under the laws of the United States or the laws of other states.
Section 13-10-150. All funds of the authority must be invested by the State Treasurer and, upon approval and designation by the State Treasurer of a financial institution or institutions, all funds must be deposited in such institutions by the board in accordance with policies and guidelines formulated by the board. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter.
The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this chapter, may not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, vests in the State.
Section 13-10-160. The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years.
Section 13-10-170. (A) Prior to undertaking any project authorized by Section 13-10-50, the board of the authority shall make a determination:
(1) that the project shall serve the purposes of this chapter;
(2) that the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation, or other public benefits not otherwise provided locally;
(3) that the project shall give rise to no pecuniary liability of the authority, the State, or a political subdivision of the State, or charge against the general credit of the authority, the State, or a political subdivision of the State, or taxing power of the State or a political subdivision of the State if the proceeds are loaned by the authority to a company to construct a project;
(4) as to the amount of bonds required to finance the project;
(5) as to the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project;
(6) as to the amount necessary to be paid each year into any reserve funds which the board may consider advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
The determinations of the board must be set forth in the proceedings under which the proposed bonds are to be issued.
(B) Every financing agreement between the authority and a company with respect to a project shall contain an agreement obligating the company to complete the project if the proceeds of the bonds prove insufficient, and obligating the company to pay an amount under the terms of a financing agreement, which, upon the basis of the determinations made by the board, is sufficient:
(1) to pay the principal of and interest on the bonds issued to finance the project;
(2) to build up and maintain a reserve considered by the board to be advisable in connection with the project;
(3) to pay the costs of maintaining the project in good repair and keeping it properly insured, unless the financing agreement obligates the company to pay for the maintenance and insurance of the project.
Section 13-10-180. The proceeds from the sale of any bonds issued under authority of this chapter may be applied only for the purpose for which the bonds were issued, except any premium and accrued interest received in any sale must be applied to the payment of the principal of or the interest on the bonds sold, and if for any reason any portion of the proceeds are not needed for the purpose for which the bonds were issued, that portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.
(1) the actual cost of the construction of any part of a project, including architects', engineers', and attorneys' fees;
(2) the purchase price of any part of any project that may be acquired by purchase;
(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance the acquisition;
(4) the interest on the bonds for a reasonable time prior to construction and for not exceeding one year after completion of the construction.
Section 13-10-190. The regulations of the authority must be promulgated in accordance with Chapter 23 of Title 1.
Section 13-10-200. The authority may establish profit or not-for-profit corporations as the authority considers necessary to carry out the purposes of this chapter. Officials or employees of the authority may act as officials or employees of any such corporations created pursuant to this section without additional compensation. Any corporations created pursuant to this section are considered to be 'public procurement units' for purposes of Article 19, Chapter 35 of Title 11.
The authority may make grants or loans to, or make guarantees for, the benefit of a not-for-profit corporation which the authority has caused to be formed whose articles of incorporation require that its directors be elected by members of the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence, or, if it is not in existence, then to this State.
These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this chapter and on the terms and conditions imposed by the authority.
A guarantee made by the authority does not create an obligation of the State or its political subdivisions and is not a grant or loan of the credit of the State or a political subdivision. A guarantee issued by the authority must be a special obligation of the authority. Neither this State nor any political subdivision is liable on a guarantee nor may they be payable out of any funds other than those of the authority and a guarantee issued by the authority must contain on its face a statement to that effect.
Section 13-10-210. The property of the authority is not subject to any taxes or assessments, but the authority shall negotiate a payment in lieu of taxes with the appropriate taxing authorities.
Section 13-10-220. Notwithstanding any provision of law or regulation, the authority continues to be an 'agency' for purposes of Chapter 78 of Title 15; however, the authority is not considered to be an 'agency' or 'state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60.
Section 13-10-230. If any term or provision of this chapter is found to be illegal or unenforceable, the remainder of this act nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter./
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 6, by Reps. WRIGHT and QUINN.
Rep. WRIGHT explained the amendment.
Reps. KIRSH and HODGES objected to the Bill.
Rep. WRIGHT continued speaking.
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. 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.
Debate was resumed on Amendment No. 3, which was proposed on Thursday, May 14, by Rep. HODGES.
Rep. Hodges was recognized.
Reps. HASKINS, FELDER, BAKER, QUINN and CLYBORNE objected to the Bill.
The following Bill was taken up.
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.
Rep. HASKINS moved to adjourn debate upon the following Bill.
Rep. HODGES moved to table the motion.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beatty Boan Brown, G. Brown, J. Burch, K. Byrd Cromer Delleney Elliott, D. Elliott, L. Gentry Harrelson Harris, J. Harvin Hodges Hyatt Kempe Keyserling Kinon Kirsh Martin, D. Mattos McCraw McElveen McLeod McTeer Phillips Rogers Ross Rudnick Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Baker Baxley Beasley Brown, H. Bruce Carnell Chamblee Clyborne Council Fair Felder Fulmer Gonzales Harrison Haskins Hendricks Huff Jennings Keegan Koon Lanford Littlejohn Marchbanks McAbee Nettles Quinn Rama Riser Sharpe Shissias Snow Stoddard Stone Vaughn Wells Wilder Wofford Wright Young, A. Young, R.
So, the motion to table was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Rep. BAKER moved that the House recur to the morning hour.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Baker Beasley Beatty Bennett Brown, H. Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Elliott, L. Fair Felder Fulmer Gonzales Hallman Harrison Harvin Haskins Hendricks Huff Inabinett Jennings Keegan Koon Marchbanks Martin, D. McAbee Nettles Rama Riser Sharpe Shirley Shissias Snow Stoddard Stone Tucker Vaughn Whipper Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, J. Barber Baxley Boan Brown, J. Bruce Burch, K. Byrd Cromer Delleney Elliott, D. Gentry Harrelson Harris, J. Hodges Hyatt Kempe Keyserling Kirsh Lanford Littlejohn Mattos McCraw McElveen McLeod McTeer Meacham Phillips Quinn Rhoad Rogers Ross Rudnick Taylor Waites Waldrop Wells White Williams, J.
So, the motion to recur to the morning hour was agreed to.
Rep. McLEOD, from the Sumter Delegation, submitted a favorable report, with amendments, on:
H. 4462 -- Rep. McLeod: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 2 AND TO AMEND ACT 741 OF 1990, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 17, SO AS TO REAPPORTION THE ELECTION AREAS FROM WHICH THESE TRUSTEES ARE ELECTED.
Ordered for consideration tomorrow.
On motion of Rep. RAMA, with unanimous consent, the following was taken up for immediate consideration:
S. 1562 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR THE SECOND, FOURTH AND SIXTH CONGRESSIONAL DISTRICTS TO FILL THE CURRENT TERMS WHICH EXPIRE JUNE 30, 1992.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 27, 1992, for the purpose of electing persons to serve on the State Health and Human Services Finance Commission for the Second, Fourth and Sixth Congressional Districts to fill the current terms which expire June 30, 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following.
S. 1564 -- Senators Mitchell, Thomas, J. Verne Smith, Bryan and Stilwell: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY WOODS OF TAYLORS UPON BEING NAMED SOUTH CAROLINA PRINCIPAL OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, May 19, by Rep. R. YOUNG.
Rep. R. YOUNG explained the amendment.
Reps. HODGES, RUDNICK, ROGERS, McELVEEN and GENTRY objected to the Bill.
Rep. WHIPPER moved to adjourn debate upon the following Bill until Thursday, May 21, which was adopted.
S. 1361 -- Senators Giese, Reese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.
The following Bill was taken up.
S. 1496 -- Senator McGill: A BILL TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.
Rep. WHIPPER moved to adjourn debate upon the following Bill until Thursday, May 21, which was rejected.
Rep. SNOW explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1523 -- Senators Fielding, Gilbert, Matthews, Mitchell, Patterson, Washington and Williams: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.
Reps. FOSTER, SCOTT, GLOVER and INABINETT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3909.AL), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-127-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-127-20. A.(A) South Carolina State College University shall be under the management and control of is managed and controlled by a board of trustees, composed of nine thirteen members, eight twelve of whom shall be are elected by the General Assembly, whose term of office shall be six years, the first six elected having been elected for terms of two, four, and six years, so that two of them go out of office every two years two members from each congressional district for terms of four years each. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board, is representative of all citizens of the State of South Carolina. One of the elected members shall be an alumnus of the South Carolina State College. The Governor of the State or his designee is shall be ex officio the ninth thirteenth member of the board of trustees. In case of a vacancy or vacancies should occur on the board, the Governor may fill it by appointment until the next session of the General Assembly. Members of the board shall be are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve. The Governor or his designee occupies Seat Thirteen.
The terms of the present members of the board who are elected by the General Assembly expire on the thirtieth day of June of the year in which the terms are scheduled to expire. After its 1984 session, the The General Assembly shall elect successors to the elective trustees not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired.
B.(B) In addition to the members of the board in subsection A, there shall be one additional member of the board appointed by the Governor for a term of six years. The Governor shall make the appointment based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina. The term of the at-large trustee appointed by the Governor shall be effective upon certification to the Secretary of State. Any vacancy in the office of the member appointed by the Governor shall be filled by appointment of the Governor for the unexpired term in the same manner of original appointment. Beginning with members elected to the board during 1992, terms of members are four years. Members elected to the board during 1993, whose terms begin July 1, 1993, must be elected for the odd numbered seats for terms of four years. After 1993 as the terms of current members expire, members must be elected for odd numbered seats first until all seats are filled and then even numbered seats until all seats are filled. Terms of all board members are for four years and until their successors are elected and qualify."
SECTION 2. The three additional seats on the board of trustees created by this act must be elected in 1993. Their four-year terms begin July 1, 1993.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WHIPPER moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4514 -- Rep. Quinn: A BILL TO AMEND SECTION 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES WHICH A LENDER MAY RECEIVE IN CONNECTION WITH A CONSUMER LOAN NOT CONSIDERED FINANCE CHARGES, SO AS TO DELETE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS, AND TO ADD SECTION 37-3-211 SO AS TO PROVIDE THAT FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS ARE CONSIDERED FINANCE CHARGES.
Rep. HASKINS moved to adjourn debate upon the Bill.
Rep. HODGES moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Brown, G. Burch, K. Byrd Cromer Delleney Elliott, L. Gentry Glover Harrelson Harris, J. Hodges Hyatt Kempe Keyserling Kinon McCraw McElveen McLeod Quinn Rhoad Rogers Ross Sheheen Shirley Stoddard Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Beasley Brown, J. Bruce Carnell Cato Chamblee Clyborne Corbett Council Elliott, D. Felder Fulmer Gonzales Hallman Harrison Harvin Haskins Hendricks Holt Huff Jennings Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Rama Riser Rudnick Sharpe Shissias Snow Stone Vaughn Wilder Wilkins Wofford Wright Young, A.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up.
H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.
Rep. BAKER moved to adjourn debate upon the Bill.
Rep. HODGES moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Beatty Brown, G. Burch, K. Byrd Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Gentry Glover Harrelson Harris, J. Hodges Hyatt Inabinett Kempe Keyserling Kinon Martin, D. Mattos McCraw McElveen McLeod Phillips Rogers Rudnick Sheheen Stoddard Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Baxley Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Council Fair Felder Fulmer Hallman Harrison Harvin Haskins Hendricks Holt Huff Jennings Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Nettles Quinn Rama Riser Sharpe Shirley Shissias Stone Vaughn Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. J. BAILEY moved that the House do now adjourn.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Beatty Brown, G. Elliott, L. Hodges Mattos McElveen McLeod Rogers
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Baxley Beasley Bennett Boan Brown, H. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Delleney Elliott, D. Fair Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Haskins Hendricks Holt Huff Hyatt Inabinett Jaskwhich Keegan Kempe Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McCraw McGinnis McTeer Meacham Nettles Phillips Quinn Rama Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Snow Stoddard Stone Taylor Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The following Bill was taken up.
H. 4750 -- Reps. Harvin, Riser, Rama, Gonzales, Meacham, Canty, H. Brown, Smith, Carnell, Kempe, P. Harris, Neilson, Sharpe, Harwell, Shissias, Lanford, M. Martin, Inabinett, Littlejohn, Corning, K. Burch, McTeer, Holt, Mattos, Fair, Manly, McKay and Rhoad: A BILL TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.
Reps. J. BAILEY, HYATT, HODGES, BEATTY and McELVEEN objected to the Bill.
The following Bill was taken up.
S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.
Reps. HYATT, J. BAILEY and KEYSERLING objected to the Bill.
Rep. HASKINS moved to adjourn debate upon the Bill.
Rep. HODGES moved to table the motion.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Beatty Boan Byrd Cobb-Hunter Cromer Delleney Elliott, L. Glover Harrelson Harris, J. Harvin Hodges Hyatt Inabinett Kempe Keyserling Kinon Mattos McCraw McElveen McLeod Phillips Rogers Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Tucker Waites Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cooper Council Elliott, D. Fair Felder Fulmer Gentry Gonzales Harrison Haskins Hendricks Holt Huff Jaskwhich Jennings Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Nettles Quinn Rama Rhoad Riser Sharpe Shissias Snow Stone Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, R.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Joint Resolution was taken up.
H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Reps. HODGES objected to the Joint Resolution.
Rep. HUFF moved to adjourn debate upon the Joint Resolution, which was adopted by a division vote of 47 to 27.
The following Joint Resolution was taken up.
H. 4824 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAM, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Reps. J. BAILEY, HYATT, BARBER, BEATTY and HODGES objected to the Joint Resolution.
The following Joint Resolution was taken up.
H. 4825 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HEALTH EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1472, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HOLT objected to the Joint Resolution.
Rep. LITTLEJOHN moved to adjourn debate upon the Joint Resolution.
Rep. HODGES moved to table the motion.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Beatty Brown, G. Cromer Delleney Elliott, L. Farr Gentry Harvin Hodges Hyatt Kempe Keyserling Kinon Mattos McCraw McElveen Phillips Rogers Rudnick Scott Sheheen Tucker Waites Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cooper Corbett Council Fair Felder Fulmer Hallman Harrelson Harris, J. Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Jennings Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Nettles Quinn Rama Riser Ross Sharpe Shirley Shissias Smith Snow Stone Vaughn Wells White Wilder Wofford Wright Young, A. Young, R.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up.
H. 4616 -- Reps. Wright, Keegan, Hallman, Harrison, Inabinett, Keyserling, Mattos, Jaskwhich, Riser, Canty, Quinn, A. Young, Council, L. Martin and Manly: A BILL TO AMEND TITLE 57, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES.
Reps. INABINETT, HOLT, WHIPPER and J. BAILEY objected to the Bill.
Rep. WHITE moved to adjourn debate upon the following Bill.
Rep. HODGES moved to table the motion.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Brown, G. Cobb-Hunter Cromer Delleney Elliott, L. Gentry Harvin Hodges Hyatt Kempe Kennedy Keyserling Kinon Mattos McCraw McElveen McLeod Phillips Rama Rogers Rudnick Scott Sheheen Shirley Taylor Tucker Waites Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cooper Council Elliott, D. Fair Felder Fulmer Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Holt Huff Inabinett Jaskwhich Jennings Keegan Klapman Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Neilson Nettles Riser Ross Sharpe Shissias Smith Snow Stone Vaughn Waldrop Wells White Wilder Wofford Wright Young, A. Young, R.
So, the House refused to table the motion.
Rep. RAMA moved to continue the Bill.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Baker Barber Beasley Bennett Brown, G. Burch, K. Carnell Chamblee Clyborne Cooper Council Farr Felder Fulmer Gonzales Hallman Harris, J. Harvin Hendricks Holt Huff Inabinett Jennings Kennedy Koon Marchbanks Martin, D. Martin, L. Mattos McCraw Nettles Rama Rhoad Sharpe Smith Snow Stoddard Stone Vaughn Wells Whipper White Wilder Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Baxley Beatty Brown, H. Brown, J. Bruce Byrd Cato Cromer Delleney Elliott, D. Elliott, L. Fair Gentry Harrelson Harris, P. Harrison Haskins Hodges Hyatt Jaskwhich Keegan Kempe Kinon Klapman Lanford Littlejohn McElveen McGinnis McLeod Meacham Neilson Phillips Quinn Riser Rogers Ross Rudnick Scott Sheheen Shirley Shissias Taylor Tucker Waites Waldrop Wilkins Williams, J. Wright
So, the House refused to continue the Bill.
The SPEAKER granted Rep. L. ELLIOTT a leave of absence for the remainder of the day.
The question then recurred to the motion to adjourn debate.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Baker Baxley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Council Elliott, D. Fair Farr Felder Gonzales Harrison Harvin Haskins Hendricks Huff Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Nettles Phillips Quinn Rhoad Riser Ross Sharpe Shirley Shissias Smith Snow Stoddard Stone Vaughn Waldrop Wells Wilder Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Beatty Brown, G. Burch, K. Byrd Cromer Delleney Fulmer Gentry Hallman Harrelson Harris, J. Harris, P. Hodges Holt Hyatt Inabinett Kempe Kennedy Keyserling Kinon Martin, D. Mattos McCraw McElveen McLeod Neilson Rama Rogers Rudnick Scott Sheheen Taylor Tucker Waites Whipper Williams, J.
So, the motion to adjourn debate was agreed to.
The SPEAKER granted Rep. K. BURCH a leave of absence for the remainder of the day.
Rep. KEEGAN moved that the House recur to the Morning Hour.
Rep. HODGES moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Baxley Beatty Brown, G. Cobb-Hunter Gentry Harris, J. Harvin Hodges Keyserling Kinon Mattos McElveen McLeod Rogers Scott Sheheen Taylor Waldrop
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Delleney Elliott, D. Fair Farr Felder Fulmer Gonzales Hallman Harrelson Harris, P. Harrison Haskins Hendricks Holt Huff Hyatt Inabinett Jaskwhich Keegan Kempe Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McCraw McGinnis McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Ross Rudnick Sharpe Shirley Shissias Smith Snow Stoddard Stone Tucker Vaughn Waites Wells White Wilder Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The question then recurred to the motion to recur to the morning hour.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Baker Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Elliott, D. Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Jennings Keegan Klapman Koon Lanford Littlejohn Martin, L. McGinnis Meacham Nettles Phillips Quinn Rama Rhoad Riser Ross Sharpe Shissias Smith Snow Stone Sturkie Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Brown, G. Byrd Cobb-Hunter Cromer Delleney Farr Gentry Harrelson Harris, J. Harvin Hodges Hyatt Inabinett Kempe Kennedy Keyserling Kinon Martin, D. Mattos McCraw McElveen McLeod McTeer Neilson Rogers Rudnick Scott Sheheen Shirley Stoddard Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the motion to recur was agreed to.
The following Bill was taken up.
S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
Rep. McLEOD objected to the Bill.
The following Bill was taken up.
H. 4698 -- Rep. Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 58 SO AS TO PROVIDE FOR THE LICENSURE OF CERTAIN NONPUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS AND TO REPEAL CHAPTERS 46 AND 59 OF TITLE 59, RELATING TO DEGREE-GRANTING NONPUBLIC EDUCATIONAL INSTITUTIONS AND TO PROPRIETARY SCHOOLS RESPECTIVELY.
Rep. PHILLIPS moved to adjourn debate upon the Bill.
Rep. HODGES moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Baxley Beatty Boan Brown, G. Cobb-Hunter Cromer Delleney Elliott, D. Gentry Harrelson Harris, J. Harvin Hodges Hyatt Inabinett Kempe Keyserling Kinon Kirsh Martin, D. Mattos McCraw McElveen McLeod Neilson Rogers Rudnick Scott Sheheen Stoddard Taylor Tucker Waites Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Bennett Brown, H. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cooper Corning Council Fair Farr Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Holt Huff Jaskwhich Jennings Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McTeer Nettles Phillips Quinn Rama Rhoad Riser Ross Sharpe Shirley Shissias Smith Snow Stone Sturkie Vaughn Waldrop Wells Wilder Wilkes Wofford Wright Young, A.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 57 to 24.
The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.
Rep. HODGES was recognized.
Reps. BAKER, HASKINS, CLYBORNE, COOPER and RAMA objected to the Bill.
The following Bill was taken up.
S. 1437 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.
Rep. WALDROP moved to adjourn debate upon the Bill.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Baker Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Fair Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Haskins Hendricks Holt Huff Jaskwhich Jennings Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Phillips Quinn Rama Rhoad Riser Ross Sharpe Shissias Smith Snow Stone Sturkie Vaughn Waldrop Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Barber Baxley Beatty Boan Byrd Cobb-Hunter Cromer Delleney Elliott, D. Farr Harrelson Hodges Hyatt Inabinett Kempe Keyserling Kinon Kirsh Martin, D. Mattos McCraw McElveen Neilson Nettles Rogers Rudnick Scott Sheheen Shirley Stoddard Taylor Tucker Waites Whipper Williams, J.
So, the motion to adjourn debate was agreed to.
The following Joint Resolution was taken up.
H. 4827 -- Reps. R. Young, Holt and Gonzales: A JOINT RESOLUTION TO DESIGNATE THAT PORTION OF INTERSTATE I-26 IN NORTH CHARLESTON, SOUTH CAROLINA, AS THE "JOHN E. BOURNE, JR. HIGHWAY".
Rep. HOLT explained the Joint Resolution.
Rep. McTEER moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Beatty Brown, G. Byrd Cobb-Hunter Delleney Hodges Kempe Keyserling Kirsh McElveen McTeer Rogers Rudnick Scott Taylor Tucker Waites Williams, J.
Those who voted in the negative are:
Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Boan Brown, H. Brown, J. Bruce Carnell Cato Chamblee Cooper Corbett Corning Council Cromer Elliott, D. Fair Farr Felder Fulmer Gentry Gonzales Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hendricks Huff Inabinett Jaskwhich Jennings Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McCraw Meacham Neilson Quinn Rama Rhoad Riser Sharpe Shirley Shissias Smith Snow Stoddard Stone Sturkie Vaughn Waldrop Wells White Wilder Wilkes Wofford Wright Young, R.
So, immediate cloture was rejected.
Rep. HOLT was recognized.
Rep. McTEER moved to continue the Joint Resolution.
Rep. FELDER raised the Point of Order that the motion to adjourn debate was out of order as the member still had the podium.
The SPEAKER stated that he could make the motion to adjourn debate while he had the podium and he overruled the Point of Order.
Rep. COBB-HUNTER moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Beatty Boan Byrd Cobb-Hunter Delleney Gentry Glover Harrelson Harvin Hodges Inabinett Kennedy Keyserling Kirsh Mattos McCraw McElveen McTeer Rogers Scott Sheheen Taylor Tucker Whipper Williams, J.
Those who voted in the negative are:
Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, D. Fair Farr Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Holt Huff Hyatt Jaskwhich Keegan Kempe Kinon Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Neilson Phillips Quinn Rama Rhoad Riser Ross Rudnick Sharpe Shirley Shissias Smith Snow Stone Sturkie Waites Wells Wilder Wilkins Wofford Wright Young, R.
So, the House refused to adjourn.
Rep. HOLT moved to adjourn debate upon the Joint Resolution.
Rep. McTEER inquired about the motion to continue being up for consideration since it was a higher motion.
The SPEAKER stated that the motion to adjourn was taken up and now the House would consider the motion to continue.
The question then recurred to the motion to continue the Joint Resolution.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Kirsh McTeer Scott Taylor
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Baker Baxley Beatty Bennett Boan Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Council Cromer Delleney Elliott, D. Fair Farr Felder Fulmer Gentry Gonzales Harrelson Harris, J. Harris, P. Harrison Haskins Hendricks Huff Inabinett Jennings Keegan Kempe Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCraw Phillips Quinn Rama Riser Rogers Ross Rudnick Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Tucker Vaughn Wells Wilkes Williams, J. Wofford Wright Young, R.
So, the House refused to continue the Joint Resolution.
Rep. McTEER moved that the House recede until 9:45 P.M., and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Cobb-Hunter Delleney Farr Harrelson Hodges Jaskwhich Keyserling Kirsh McElveen McTeer Whipper
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cooper Corning Council Elliott, D. Felder Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Huff Hyatt Inabinett Jennings Keegan Kinon Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Sturkie Taylor Vaughn Waldrop Wells Wilder Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to recede until 9:45 P.M.
Rep. HODGES moved to commit the Joint Resolution to Labor, Commerce and Industry Committee.
Rep. FELDER raised the Point of Order that the motion could not be made during debate.
The SPEAKER stated that the member had made the motion to adjourn debate and had lost the floor and under Rule 8.5, the motion to adjourn debate was a higher motion than the motion to commit or recommit and he sustained the Point of Order and ruled the motion out of order.
Rep. HODGES moved to postpone indefinitely.
Rep. FELDER raised the Point of Order that the motion to indefinitely postpone the Joint Resolution was out of order as it had the same effect of the motion to continue and that had already been voted in the negative.
The SPEAKER stated that he did not have the right to rule the motion out of order and he overruled the Point of Order.
Rep. HASKINS raised the Point of Order that the motion being made was clearly dilatory and was being used to delay action on the matter.
The SPEAKER stated the motion could be made and he overruled the Point of Order.
The question then recurred to the motion to postpone indefinitely.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Farr Hodges Kirsh McElveen McTeer
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Byrd Cato Chamblee Clyborne Cooper Corbett Corning Council Delleney Elliott, D. Fair Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, P. Harrison Harvin Haskins Hendricks Huff Hyatt Inabinett Jaskwhich Keegan Kempe Kennedy Keyserling Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McCraw Meacham Neilson Nettles Quinn Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stone Sturkie Tucker Vaughn Waldrop Wells Whipper White Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to postpone indefinitely.
The question then recurred to the motion to adjourn debate.
Rep. ROGERS moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Byrd Cobb-Hunter Cromer Delleney Farr Harrelson Harvin Hodges Hyatt Kempe Kinon Kirsh Mattos McElveen McLeod Rogers Scott Sheheen Shirley Stoddard Taylor Tucker Williams, J.
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Bennett Boan Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Elliott, D. Fair Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Holt Huff Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Klapman Littlejohn Marchbanks Martin, D. Martin, L. McAbee McTeer Meacham Neilson Nettles Quinn Rama Riser Ross Rudnick Sharpe Shissias Smith Snow Stone Sturkie Vaughn Waldrop Wells Whipper White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to adjourn debate.
Rep. COBB-HUNTER moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Bennett Boan Brown, G. Byrd Cobb-Hunter Delleney Elliott, D. Farr Gentry Glover Harrelson Harris, J. Harvin Hodges Inabinett Kinon Mattos McCraw McElveen McLeod McTeer Rogers Scott Shirley Taylor Tucker Whipper Williams, J.
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Corning Council Cromer Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Hyatt Jaskwhich Jennings Keegan Keyserling Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Neilson Nettles Quinn Rama Riser Ross Rudnick Sharpe Shissias Smith Snow Stoddard Stone Sturkie Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 59 to 17.
Rep. HARRISON moved that the House recur to the morning hour.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Baker Bennett Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Jennings Keegan Kennedy Klapman Lanford Littlejohn Marchbanks Martin, L. McAbee McCraw Meacham Phillips Quinn Rama Riser Sharpe Shirley Shissias Smith Snow Stone Vaughn Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Byrd Cobb-Hunter Cromer Delleney Elliott, D. Farr Gentry Glover Harrelson Harris, J. Harvin Hodges Hyatt Inabinett Kempe Keyserling Kinon Kirsh Martin, D. Mattos McElveen McLeod McTeer Neilson Rogers Rudnick Scott Stoddard Taylor Tucker Waites Whipper Williams, J.
So, the motion to recur to the morning hour was agreed to.
The following Bill was taken up.
H. 4011 -- Reps. Hayes and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.
Rep. TUCKER requested that the Bill be read.
Reps. CARNELL, FELDER, BAKER, HASKINS, BRUCE, CLYBORNE, ROGERS, WAITES, McELVEEN, RAMA and HODGES objected to the Bill.
The following Bill was taken up.
H. 4306 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.
Reps. BAKER, LITTLEJOHN and BRUCE objected to the Bill.
Rep. FELDER moved to adjourn debate upon the Bill.
Rep. McELVEEN moved to table the motion, which was not agreed to by a division vote of 33 to 57.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 51 to 26.
The following Bill was taken up.
H. 4831 -- Reps. Wilkins, Quinn, G. Brown, McElveen, Sharpe, McAbee, Townsend, Cobb-Hunter, Harvin, White, Hyatt, Hallman, Wofford, Haskins, Ross, A. Young, J. Brown, Rogers, Scott, Boan, Keyserling, Nettles, Council, Shissias, Huff, Wright, McTeer, Gentry, Wilkes, Waites and Shirley: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.
Rep. WILKINS moved to adjourn debate upon the Bill.
Rep. FARR moved to table the motion.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Byrd Cobb-Hunter Cromer Delleney Farr Gentry Harris, J. Harvin Hodges Hyatt Kempe Kennedy Keyserling Kirsh Martin, D. Mattos McCraw McElveen McLeod McTeer Neilson Rogers Rudnick Scott Sheheen Stoddard Taylor Waites Whipper Williams, J.
Those who voted in the negative are:
Altman Anderson Bailey, G. Baker Beatty Brown, J. Bruce Carnell Cato Clyborne Cooper Corning Council Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Inabinett Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Quinn Rama Riser Ross Sharpe Shirley Shissias Smith Snow Stone Sturkie Vaughn Wells Wilder Wilkins Wofford Wright
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Anderson Bailey, G. Baker Barber Boan Brown, H. Brown, J. Bruce Carnell Cato Clyborne Cooper Council Elliott, D. Fair Farr Felder Fulmer Gonzales Harris, P. Harrison Haskins Holt Huff Keegan Klapman Koon Marchbanks Martin, L. McAbee McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Ross Sharpe Shirley Shissias Smith Snow Stone Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Bailey, J. Baxley Beatty Brown, G. Cromer Delleney Gentry Harris, J. Harvin Hodges Hyatt Inabinett Kempe Kennedy Keyserling Kinon Kirsh Mattos McCraw McElveen McLeod Rogers Rudnick Scott Sheheen Stoddard Tucker Waites Whipper Williams, J.
So, the motion to adjourn debate was agreed to.
Rep. RAMA moved that Rule 3.9 be invoked, which was rejected.
Rep. BARBER moved to reconsider the vote whereby debate was adjourned on the following Bill.
H. 4831 -- Reps. Wilkins, Quinn, G. Brown, McElveen, Sharpe, McAbee, Townsend, Cobb-Hunter, Harvin, White, Hyatt, Hallman, Wofford, Haskins, Ross, A. Young, J. Brown, Rogers, Scott, Boan, Keyserling, Nettles, Council, Shissias, Huff, Wright, McTeer, Gentry, Wilkes, Waites and Shirley: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.
Rep. HUFF moved to table the motion.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Baker Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Council Elliott, D. Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McElveen McLeod McTeer Meacham Neilson Nettles Quinn Rama Riser Ross Rudnick Sharpe Shirley Shissias Smith Snow Stoddard Stone Sturkie Vaughn Waldrop Wells Wilkes Williams, J. Wofford Wright Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Beatty Boan Brown, G. Cromer Delleney Farr Harrelson Harris, J. Harvin Hyatt Kempe Kennedy Kinon Kirsh McCraw Rogers Scott Sheheen Tucker Waites
So, the motion to table was agreed to.
Rep. GLOVER moved that the House do now adjourn.
Rep. CLYBORNE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Byrd Cobb-Hunter Delleney Elliott, D. Farr Gentry Glover Harrelson Harris, J. Harvin Hodges Inabinett Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Mattos McCraw McElveen McLeod McTeer Neilson Rogers Scott Sheheen Taylor Tucker Whipper Williams, J.
Those who voted in the negative are:
Altman Anderson Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Fair Felder Gonzales Harrison Hendricks Holt Huff Hyatt Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Nettles Phillips Quinn Rama Riser Rudnick Sharpe Shirley Shissias Smith Snow Stone Sturkie Vaughn Waites Wells White Wilder Wilkes Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The following Bill was taken up.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
Rep. ROGERS requested that the Bill be read.
Reps. BARBER, J. BAILEY, FELDER, KEMPE, KEYSERLING, CLYBORNE, BAKER, WHIPPER, MATTOS, BEATTY, FULMER, HARRELSON, DELLENEY, BOAN, HARVIN, COBB-HUNTER and HODGES objected to the Bill.
Rep. J. BAILEY moved that the House recede until 8:00 P.M.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Boan Farr Hodges Kirsh
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Baker Beatty Bennett Brown, H. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Council Cromer Delleney Elliott, D. Fair Felder Gentry Glover Gonzales Harrelson Harris, J. Harris, P. Harrison Haskins Hendricks Holt Huff Hyatt Keegan Kempe Kennedy Kinon Klapman Koon Littlejohn Marchbanks Martin, D. Martin, L. McAbee McElveen McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Sturkie Taylor Tucker Vaughn Waites Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to recede until 8:00 P.M.
The following Bill was taken up.
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
Reps. HASKINS and RAMA objected to the Bill.
Rep. FARR moved to commit the Bill to the Judiciary Committee.
Rep. FARR demanded the yeas and nays, which were not ordered.
The House refused to commit the Bill by a division vote of 27 to 56.
Reps. FELDER, CLYBORNE, VAUGHN, ROGERS, McELVEEN, KOON and McLEOD objected to the Bill.
The following Bill was taken up.
H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
Reps. G. BAILEY, FAIR, RAMA, ROGERS, HUFF, J. BAILEY, FARR and BARBER objected to the Bill.
The following Bill was taken up.
H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.
Rep. FELDER moved to adjourn debate upon the Bill.
Rep. McELVEEN moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Beatty Cobb-Hunter Kirsh Mattos McTeer
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Bailey, G. Baker Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Delleney Elliott, D. Fair Farr Felder Fulmer Gentry Gonzales Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hendricks Hodges Holt Huff Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Klapman Koon Littlejohn Marchbanks Martin, D. Martin, L. McAbee McCraw McElveen McLeod Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Tucker Vaughn Waites Waldrop Wells White Wilder Wilkes Williams, J. Wofford Wright
So, the House refused to continue the Bill.
The question then recurred to the motion to adjourn debate on the Bill.
Rep. ROGERS moved to table the motion.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Beatty Byrd Cobb-Hunter Cromer Delleney Gentry Harrelson Harris, J. Hodges Hyatt Inabinett Kempe Keyserling Kirsh McCraw McElveen McTeer Rogers Ross Rudnick Scott Sheheen Stoddard Taylor Waites Whipper Williams, J.
Those who voted in the negative are:
Altman Anderson Bailey, G. Baker Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Elliott, D. Fair Farr Felder Fulmer Gonzales Harris, P. Harrison Harvin Haskins Hendricks Holt Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Neilson Nettles Phillips Quinn Rama Riser Sharpe Shirley Shissias Smith Snow Stone Vaughn Waldrop Wells White Wilder Wilkes Wofford Wright Young, A.
So, the House refused to table the motion.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the motion to adjourn debate.
Rep. CATO moved that the House recur to the morning hour.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Neilson Nettles Phillips Quinn Rama Riser Ross Sharpe Shissias Smith Snow Stone Sturkie Vaughn Wells White Wilder Wilkes Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Brown, G. Byrd Cobb-Hunter Cromer Delleney Elliott, D. Farr Gentry Glover Harrelson Harris, J. Harvin Hodges Hyatt Inabinett Kempe Keyserling Kinon Kirsh Martin, D. Mattos McCraw McElveen McLeod McTeer Rogers Rudnick Scott Sheheen Shirley Stoddard Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the motion to recur was agreed to.
Rep. HODGES moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Brown, G. Byrd Cobb-Hunter Delleney Elliott, D. Farr Gentry Glover Harrelson Harris, J. Harvin Hodges Inabinett Kempe Kinon Kirsh Martin, D. Mattos McCraw McElveen McLeod McTeer Phillips Rogers Scott Sheheen Taylor Tucker Whipper White Williams, J.
Those who voted in the negative are:
Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Hyatt Jaskwhich Keegan Kennedy Keyserling Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Meacham Neilson Nettles Quinn Rama Riser Ross Rudnick Shirley Shissias Smith Snow Stone Sturkie Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Debate was resumed on the following Bill, the pending question being the consideration of the motion to adjourn debate.
H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Anderson Bailey, G. Baker Beasley Boan Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, D. Fair Felder Fulmer Gonzales Harrelson Harris, P. Harrison Haskins Hendricks Hodges Holt Huff Jaskwhich Jennings Keegan Kennedy Klapman Lanford Littlejohn Marchbanks Martin, L. McAbee McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Ross Sharpe Shissias Smith Snow Stone Vaughn Wells White Wilder Wilkes Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, J. Barber Baxley Beatty Brown, G. Byrd Cobb-Hunter Delleney Farr Gentry Harris, J. Harvin Hyatt Inabinett Kempe Kinon Kirsh Mattos McCraw McElveen McLeod Rogers Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper
So, the motion to adjourn debate was agreed to.
Rep. HODGES moved to reconsider the vote whereby debate was adjourned on the following Bill.
H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.
Rep. BAKER moved to table the motion.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Baker Beasley Brown, J. Bruce Carnell Cato Chamblee Clyborne Corbett Corning Council Cromer Fair Felder Fulmer Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Jennings Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee Quinn Rama Riser Scott Sharpe Shissias Smith Snow Stone Sturkie Vaughn Wells White Wilder Wilkes Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Bennett Brown, G. Cobb-Hunter Delleney Elliott, D. Gentry Harrelson Harris, J. Harvin Hodges Hyatt Inabinett Kempe Kinon Kirsh Mattos McCraw McElveen McLeod McTeer Ross Rudnick Sheheen Shirley Taylor Tucker Waites Waldrop
So, the motion to table was agreed to.
The following Bill was taken up.
S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.
Reps. McLEOD, SCOTT, CROMER, WAITES, COBB-HUNTER, TUCKER, HUFF, ROGERS, McELVEEN, HARVIN, HODGES, CLYBORNE, BAKER, KIRSH, CATO, RAMA, VAUGHN, HYATT, KEYSERLING, INABINETT, J. BAILEY, G. BROWN, FARR, KEMPE, HALLMAN, MATTOS, FULMER, MEACHAM, BYRD and CORNING objected to the Bill.
Rep. HASKINS moved that the House resolve itself into a Committee of the Whole so that we may take a census of the House to advise the Budget Conferees how to deal in negotiations tonight specifically with regard to the Barnwell issue in the Budget... in the Appropriations Bill.
Rep. GENTRY moved to table the motion.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Byrd Cobb-Hunter Cromer Delleney Elliott, D. Farr Gentry Glover Harrelson Harvin Hodges Hyatt Inabinett Kempe Keyserling Kinon Kirsh Martin, D. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Nettles Phillips Quinn Rogers Rudnick Scott Sheheen Shirley Stoddard Taylor Tucker Waites Waldrop Whipper White Williams, J.
Those who voted in the negative are:
Altman Anderson Bailey, G. Baker Beasley Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Meacham Rama Riser Ross Sharpe Shissias Smith Snow Stone Sturkie Vaughn Wells Wilder Wilkes Wofford Wright Young, A. Young, R.
So, the House refused to table the motion.
Rep. McELVEEN inquired about the House resolving itself into the Committee of the Whole and if the Bill or resolution would have to be stated which would be debated.
The SPEAKER stated that you could not do that and that the House could resolve itself into a Committee of the Whole according to the Rules.
Rep. McELVEEN stated that the member had mentioned the Appropriations Bill.
The SPEAKER stated that he could not limit the subject matter.
Rep. HODGES raised the Point of Order that under Rule 5.9 that no bill or resolution may be considered by the Committee of the Whole except by a two-thirds vote unless same has first been considered by the appropriated Standing Committee of the House. He further stated that the Barnwell provision was not included in the House Appropriations Bill and since it was not, that the House could not discuss it and if it did, it would require two-thirds vote. He further stated that the only part of the Appropriations Bill which included Barnwell was the Senate version of the Bill.
The SPEAKER stated that the motion to resolve itself into a Committee of the Whole had been made and that was up.
Rep. McABEE raised the Point of Order that a Conference Report had not been yielded by the Conferees and until such time, discussion of the proposed Conference Report or items in a proposed Conference Report was inappropriate. He further stated that the motion to resolve itself into a Committee of the Whole to advise on the Appropriations Bill was out of order as there was no Conference Report before the House at this time and therefore, the next order of business would be the next Bill on the calendar. He further stated that the House could not go into the Committee of the Whole without a Conference Report to instruct the Conferees.
Rep. L. MARTIN stated that precedents of the House in all cases had been, under Rule 4.9, to be able to discuss anything under the Committee of the Whole.
The SPEAKER stated that was not the motion and that the motion was restrictive.
Rep. L. MARTIN stated that under Mason's, Section 650, you could not do that until you got into the Committee of the Whole and that Mason's allowed the Committee of the Whole to set restrictions. He further stated, citing page 462 of Mason's, Section 655, Subsection 2, that you make the restrictive motions after you go into the Committee of the Whole.
The SPEAKER cited Rule 4.11 of House Rules.
Rep. HASKINS stated, citing Section 652 of Mason's, that it was permissible to resolve into a Committee of the Whole for the purpose of considering a particular subject matter and that House Rules stated that in all cases the House may resolve itself into a Committee of the Whole and that it did not say that the Bill or resolution had to be before you at that time. He further stated that it would only take a two-thirds vote if it had not been considered by a Standing Committee and that this issue had been considered by a standing committee.
Rep. L. MARTIN stated that the Bill or resolution could not be considered physically by the Committee of the Whole and adopted and reported out by the full House.
The SPEAKER stated that the Committee of the Whole could not report a Bill out.
Rep. L. MARTIN stated that once you got into the Committee of the Whole that you could discuss certain propositions but that you could make the motion to go into the Committee of the Whole to discuss anything.
The SPEAKER stated that it would depend on what the motion was and if the motion was to restrict it to certain activity, then there was a limitation under Rule 4.9 that unless the Bill or resolution had been considered by a Standing Committee of the House, then the Committee of the Whole would have to have a two-thirds vote to discuss it.
Rep. HASKINS stated that he did not make a motion to discuss a Conference Report since there was not one and that the motion had been made only to take a census of the House and instruct the Conferees.
Rep. McELVEEN stated, citing Rules 4.10, 4.11 and 4.12, that under the Rules it was required to have a Bill or resolution before the House to discuss under the Committee of the Whole.
Rep. HENDRICKS stated that the House had previously resolved itself into a Committee of the Whole to instruct conferees.
The SPEAKER stated that he did not recall that but that he did recall in the past that the Conferees had made a report and then asked the House to go into a Committee of the Whole so that the sentiments of the House could be expressed.
Rep. BEATTY inquired about the Bill being recalled from Committee and if it had been considered by the Committee.
The SPEAKER stated that it would have to be a Point of Order raised on the Bill but that the motion made did not reflect S. 1327 and was made concerning the Appropriations Bill.
Rep. McLEOD inquired about the debate under the Committee of the Whole.
The SPEAKER stated that Rule 4.11 covered that.
Rep. McLEOD moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Byrd Carnell Cobb-Hunter Delleney Elliott, D. Farr Gentry Glover Harrelson Harris, J. Harris, P. Harvin Hodges Inabinett Kempe Keyserling Kinon Kirsh Martin, D. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Quinn Rogers Rudnick Scott Sheheen Shirley Stoddard Taylor Tucker Waites Waldrop Whipper White Williams, J.
Those who voted in the negative are:
Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Fair Felder Fulmer Gonzales Hallman Harrison Haskins Hendricks Holt Huff Jaskwhich Jennings Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Meacham Nettles Phillips Rama Riser Ross Sharpe Shissias Smith Snow Stone Sturkie Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The SPEAKER stated that Rep. HODGES had raised a Point of Order stating the need for a two-thirds vote since the Appropriations Bill and a provision about Barnwell had not been considered by a Committee of the House. He further stated that the Barnwell issue was clearly given consideration by the Ways and Means Committee and that the records would show that there was a vote in the Committee on Barnwell whether it was actually included in the Bill or not and he overruled Rep. HODGES Point of Order. He further stated that he would have to sustain Rep. McABEE's Point of Order since the motion was made in the form it was made which was to discuss the Appropriations Bill and to give instructions to the Conferees. He further stated that Mason's and House Rules indicated the resolution in the Committee of the Whole was the same as committing a Bill to the Committee of the Whole and he sustained the Point of Order and ruled Rep. HASKINS' motion out of order.
Rep. HUFF moved that the House resolve itself into a Committee of the Whole.
Rep. McELVEEN raised the Point of Order, citing Section 650 of Mason's, that the motion to resolve itself into a Committee of the Whole would be out of order as there was a House Calendar and an order of the day and the House could not jump from one thing to another.
The SPEAKER stated that the precedent was clear and that the House could resolve itself into a Committee of the Whole at anytime and he overruled the Point of Order.
Rep. BOAN spoke against the motion to resolve itself into the Committee of the Whole.
Rep. FELDER raised the Point of Order that the motion up for consideration was the House resolving itself into the Committee of the Whole and not the Appropriations Bill.
The SPEAKER stated that the motion to resolve into the Committee of the Whole allowed any discussion and he overruled the Point of Order.
Rep. GONZALES raised the Point of Order, citing Mason's, Section 652, Subsection 2, that the motion to resolve into the Committee of the Whole was equivalent to the motion to commit and under Rule 8.11 of the House that the motion to commit was nondebatable and the debate was out of order.
The SPEAKER stated that it's not listed as a nondebatable motion under the House Rules and therefore, it was debatable and he overruled the Point of Order.
Rep. BOAN continued speaking.
Rep. HOLT moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Delleney Elliott, D. Farr Gentry Glover Harrelson Harris, J. Harris, P. Harvin Hodges Holt Inabinett Kempe Keyserling Kinon Kirsh Martin, D. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Nettles Phillips Rogers Rudnick Scott Sheheen Shirley Stoddard Taylor Tucker Waites Waldrop Whipper White Williams, J.
Those who voted in the negative are:
Anderson Bailey, G. Baker Beasley Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harrison Haskins Hendricks Huff Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Meacham Quinn Rama Riser Ross Sharpe Shissias Smith Snow Stone Sturkie Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being the motion that the House resolve itself into a Committee of the Whole, Rep. BOAN having the floor.
At 6:20 P.M. the House in accordance with the motion of Rep. KEEGAN and the Horry County Delegation adjourned in memory of Mr. Mark Garner of Myrtle Beach, to meet at 10:00 A.M. tomorrow.
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