Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Most merciful and gracious God, Who always surrounds us with blessings beyond limit, make us more responsive in gratitude for Your many goodnesses. Grant each day that we may be made stronger as we face duties and responsibilities, trials and temptations, fear and frustrations. Make us ever ready to elevate the moral and spiritual character of our great State and Nation. May we be partners with each other in an endeavor to build a better civilization for today and which will extend into tomorrow and always.
Hear our prayer and answer in keeping with Your knowledge of our needs. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WORLEY moved that when the House adjourns, it adjourn in memory of Cleon Worley, which was agreed to.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
S. 295 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3370 -- Rep. Waldrop: A BILL TO AMEND SECTION 16-13-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A PERSON IS NOT GUILTY OF THE OFFENSE OF PETIT LARCENY FOR HIS FAILURE TO RETURN THE VIDEO OR CASSETTE TAPE WHERE THE ORIGINAL DOLLAR AMOUNT OF THE LEASE OR RENTAL AGREEMENT IS TWO HUNDRED DOLLARS OR LESS UNLESS HE WILFULLY AND FRAUDULENTLY FAILS TO RETURN THE VIDEO OR CASSETTE TAPE WITHIN SEVENTY-TWO HOURS AFTER A LETTER DEMANDING RETURN OF THE VIDEO OR CASSETTE TAPE HAS BEEN MAILED TO HIM BY FIRST CLASS MAIL AT HIS LAST KNOWN ADDRESS BY THE OWNER OF THE VIDEO OR CASSETTE TAPE OR HIS AGENT.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3379 -- Rep. Haskins: A BILL TO AMEND SECTION 41-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR ALSO TO COLLECT ANY COSTS INCURRED IN COLLECTING THESE CONTRIBUTIONS AND TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT ALL COSTS AND AMOUNTS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 425 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO CONTRACT BIDS, AWARDS PERTAINING TO FIRE SPRINKLER CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1562, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE INTERN DEVELOPMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1588, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3798 -- Rep. Spearman: A CONCURRENT RESOLUTION RECOGNIZING THE VALUE AND SIGNIFICANCE OF EXCELLENCE IN CRAFTSMANSHIP AND CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE THE "YEAR OF AMERICAN CRAFT: A CELEBRATION OF THE CREATIVE WORK OF THE HAND" WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, 1993 has been designated as the "Year of American Craft: A Celebration of the Creative Work of the Hand"; and
Whereas, the twentieth century has witnessed an outpouring of creative craftsmanship, and it is appropriate that we now pay tribute to excellence in craftsmanship; and
Whereas, the value of creative work of the hand through craft remains clear even as the most industrialized century of our history draws to a close; and
Whereas, peerless craftsmanship, once commonly associated with American industry, is now a theme of renewed importance and interest; and
Whereas, craft, inspired by tradition, may be lost unless it is nurtured and unless the economic and social well-being of its practitioners is advanced; and
Whereas, the General Assembly of South Carolina recognizes the artistry of South Carolina's craftspeople and their contribution to the multicultural heritage of our State and Nation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes the value and significance of excellence in craftsmanship and calls upon the people of South Carolina to observe the "Year of American Craft: A Celebration of the Creative Work of the Hand" with appropriate ceremonies and activities.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3799 -- Reps. A. Young, Hutson, G. Bailey, Harrell and Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING SUMMERVILLE HIGH SCHOOL ON WINNING THE 1993 CLASS AAAA LOWER STATE CHAMPIONSHIP IN GIRLS' BASKETBALL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.
Referred to Committee on Judiciary.
H. 3801 -- Rep. Hodges: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REENACT THE PROVISIONS OF ACT 43 OF 1985 ALLOWING A BENEFICIARY RETURNING TO SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY TO CONTINUE TO RECEIVE BENEFITS UPON FILING A STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND TO MAKE THIS PROVISION RETROACTIVE TO ITS ORIGINAL EFFECTIVE DATE.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3802 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.
Referred to Committee on Judiciary.
H. 3803 -- Reps. Rhoad and J. Wilder: A BILL TO AMEND SECTION 59-53-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION APPOINTS A MEMBER FROM THE BOARD TO SERVE EX OFFICIO ON THE COMMISSION.
Referred to Committee on Education and Public Works.
H. 3804 -- Rep. Shissias: A BILL TO AMEND SECTION 12-54-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTIPLE SETOFF CLAIMS TO TAX REFUNDS, SO AS TO PROVIDE FOR THE ORDER OF PRIORITY AMONG THESE CLAIMS AND A FIRST IN-TIME PRIORITY FOR CLAIMS WITHIN A CLASS.
Referred to Committee on Ways and Means.
H. 3805 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES CONCERNING THE STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A CLERK OF COURT SHALL RECOGNIZE AN ASSIGNMENT OF THE RIGHTS TO CHILD SUPPORT UPON NOTICE OF THE ASSIGNMENT AND WITHOUT THE REQUIREMENT OF AN ORDER.
Referred to Committee on Judiciary.
H. 3806 -- Rep. Gonzales: A BILL TO AMEND SECTIONS 4-9-25 AND 5-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF COUNTIES AND MUNICIPALITIES, SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY PROHIBIT THE SALE OF BEER, WINE, AND ALCOHOLIC BEVERAGES DURING CERTAIN HOURS AND TO PROVIDE THAT EXISTING ORDINANCES PROHIBITING CERTAIN SALE HOURS ARE CONFIRMED AND RATIFIED.
Referred to Committee on Judiciary.
H. 3807 -- Rep. Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-15 SO AS TO PROVIDE A FORM FOR PERSONS LEASING OR RENTING LAND FOR A MANUFACTURED OR MOBILE HOME TO BE FURNISHED TO THE LANDLORD OR LANDOWNER AND TO PRESCRIBE ITS CONTENTS; TO AMEND SECTIONS 27-37-10, 27-37-20, 27-37-40, AND 27-37-160, RELATING TO EJECTMENT OF TENANTS, SO AS TO PROVIDE FOR THE REMOVAL OF MANUFACTURED OR MOBILE HOMES.
Referred to Committee on Labor, Commerce and Industry.
H. 3808 -- Reps. Huff, Phillips, R. Smith and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-11 SO AS TO PROVIDE THAT BY SEPTEMBER 1, 1993, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ALTERNATIVE ASSESSMENT MECHANISM TO THE WRITTEN PORTION OF THE EXIT EXAM FOR THOSE STUDENTS WHO HAVE ENGLISH AS A SECOND LANGUAGE, AND TO PROVIDE THAT UNTIL THIS ALTERNATIVE IS DEVELOPED, PASSING THE WRITTEN PORTION OF THE EXIT EXAM IS WAIVED FOR THE PURPOSES OF RECEIVING A STATE HIGH SCHOOL DIPLOMA FOR THOSE STUDENTS WHO ARE OTHERWISE QUALIFIED TO RECEIVE THE DIPLOMA.
On motion of Rep. HUFF, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3809 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO REVISE THE MANNER IN WHICH THE FACE OF THE LICENSE PLATE MUST BE TREATED WITH A RETROREFLECTIVE MATERIAL.
Referred to Committee on Education and Public Works.
H. 3810 -- Reps. Rudnick, Sharpe, Fair, Clyborne, Hutson, Robinson, Jaskwhich, Allison, Stuart, Huff, Wells, R. Smith, D. Wilder, Graham and Lanford: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE NOTICE TO THE VICTIM OR FAMILY OF THE VICTIM BEFORE RELEASE OF THE DEFENDANT.
Referred to Committee on Judiciary.
H. 3811 -- Reps. Rudnick, Stone, Kirsh, Meacham and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-13-15 SO AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT AN AUDIT, AT ANY TIME, OF ANY INSURER IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.
Referred to Committee on Labor, Commerce and Industry.
H. 3814 -- Rep. Harrelson: A BILL TO ENUMERATE ELECTION OR APPOINTMENT DISTRICTS FROM WHICH ALL MEMBERS OF BOARDS OR COMMISSIONS MUST BE APPOINTED OR ELECTED, TO PROVIDE A PROCEDURE FOR THE APPOINTMENT OR ELECTION OF MEMBERS OF BOARDS AND COMMISSIONS FROM THESE NEW DISTRICTS, AND TO TERMINATE THE TERMS OF OFFICE OF ALL MEMBERS OF BOARDS OR COMMISSIONS HOLDING OFFICE ON JULY 1, 1993.
Referred to Committee on Judiciary.
S. 550 -- Senator Stilwell: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 3813 -- Reps. Rudnick, Clyborne, R. Smith, Hutson, Robinson, Jaskwhich, Stuart, Allison, Wells, Huff, Sharpe, McAbee, Carnell, Lanford and D. Wilder: A CONCURRENT RESOLUTION RECOGNIZING THE GENEROSITY OF THE LATE JAMES L. MASON OF AUGUSTA, GEORGIA, WHO DEVISED AN ALMOST TWO THOUSAND-ACRE TRACT OF LAND IN MCCORMICK COUNTY TO THE STATE WILDLIFE AND MARINE RESOURCES DEPARTMENT FOR PUBLIC HUNTING AND OTHER TYPES OF OUTDOOR RECREATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3815 -- Reps. Rogers, Waites, Scott, Quinn, Harrison and Corning: A CONCURRENT RESOLUTION RECOGNIZING TRUSTUS THEATRE OF COLUMBIA ON BECOMING THE ONLY THEATRE IN THE STATE TO BE ACCEPTED INTO THE PRESTIGIOUS NATIONAL ENDOWMENT FOR THE ARTS ADVANCEMENT PROGRAM, AND CONGRATULATING TRUSTUS FOR THIS EXTRAORDINARY ACCOMPLISHMENT AND FOR ITS TRADITION OF EXCELLENCE IN THE ARTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3816 -- Reps. Davenport, Lanford, Allison, Beatty, Littlejohn, Wells, Walker, D. Smith, Vaughn and D. Wilder: A CONCURRENT RESOLUTION IMPLORING THE ADJUTANT GENERAL OF SOUTH CAROLINA TO RESIST ALL EFFORTS TO CHANGE THE LOCATION OF THE FIRST BATTALION, 178TH FIELD ARTILLERY UNIT OF THE NATIONAL GUARD STATIONED IN SPARTANBURG, SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Keyserling Kirsh Klauber Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, March 31.
Mark Kelley Donald W. Beatty James L.M. Cromer, Jr. E.B. McLeod, Jr. William D. Boan Joseph H. Neal David A. Wright Morgan Martin Larry L. Koon June S. Shissias C. Lenoir Sturkie Alma W. Byrd Ronald P. Townsend John G. Felder Kenneth Kennedy C. Alex Harvin, III
STATEMENT OF ATTENDANCE
Rep. FAIR signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 30.
Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3770 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR CERTAIN PRECINCTS AND PROVIDE THAT POLLING PLACES MUST BE DETERMINED BY THE CLARENDON COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION.
H. 3787 -- Rep. Walker: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.
H. 3797 -- Reps. J. Wilder and Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ALLENDALE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
H. 3788 -- Rep. Phillips: A BILL TO AMEND SECTION 56-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF FARM TRUCKS, SO AS TO REVISE THE DEFINITION OF FARM TRUCK AND REVISE CERTAIN LICENSE FEES; TO AMEND SECTION 56-5-4020, RELATING TO THE EXEMPTION FROM SIZE, WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN VEHICLES, SO AS TO REVISE THE LIMITATION ON THE APPLICATION OF THE EXEMPTION TO VEHICLES TWELVE FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO REQUIRE THE TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE REQUIREMENTS FOR THE PERMIT; AND TO AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO REGULATIONS ON BRAKES AND EXCEPTIONS FOR FARM TRAILERS, SO AS TO REVISE THE EXCEPTIONS FOR FARM TRAILERS.
Rep. PHILLIPS explained the Bill.
H. 3790 -- Rep. Phillips: A BILL TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.
Rep. GONZALES moved to reconsider the vote whereby the following Bill was continued, which was agreed to.
H. 3743 -- Reps. J. Bailey, Barber, Whipper, Breeland, Inabinett, Law, G. Bailey, Williams and Holt: A BILL TO AMEND SECTION 13-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES; AND TO REPEAL SECTION 3 OF ACT 518 OF 1992, RELATING TO THE REQUIREMENT THAT THE ELECTION COMMISSIONER OF BERKELEY, DORCHESTER, AND CHARLESTON COUNTIES PLACE ON THE BALLOT AT THE TIME OF THE NOVEMBER, 1992, GENERAL ELECTION THE QUESTION OF THE CREATION OF THE AUTHORITY AND ITS ISSUANCE OF GENERAL OBLIGATION BONDS.
Rep. GONZALES moved to commit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. RICHARDSON withdrew his objection to the following Bill whereupon an objection was raised by Rep. FARR.
H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 258 -- Senator Drummond: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Ways and Means.
S. 256 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 514 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT.
Rep. RICHARDSON moved that the House recur to the morning hour, which was agreed to.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Riser, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.
Ordered for consideration tomorrow.
Upon the withdrawal of an objection by Rep. FARR, the following Bill was taken up.
H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 30, by Rep. CARNELL.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15382SD.93).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. Whenever an election is held or confirmation of an appointment is made by the General Assembly in Joint Session, including members of the judiciary, a joint committee, composed of eight ten members, four five of whom shall be members of the House of Representatives and four five of whom shall be members of the Senate, shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be selected. Provided, however, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it deems desirable.
Where the office to be filled is a member of the Public Service Commission, the joint committee to review candidates for such office shall consist of five additional members, one of whom shall be elected by the House of Representatives, one of whom shall be elected by the Senate, and three of whom shall be appointed by the governor. These five additional members shall serve for terms of four years on such joint committee and until their successors are selected and qualify. Vacancies must be filled for the remainder of the unexpired term in the manner of original selection. These five members must be members of the general public and not members of the General Assembly and representative of all citizens of this State not affiliated in any way with the utility industry."
SECTION 2. Section 58-3-20 of the 1976 Code is amended to read:
"Section 58-3-20. The Public Service Commission shall be is composed of seven members to elected by the General Assembly upon nomination of the South Carolina Public Service Merit Selection Panel , one from each congressional district, in the manner prescribed by this chapter for the terms of four years and until their successors are elected and qualify.
Each of the seven districts that are defined as congressional districts on January 1, 1930, is hereby established and declared to be a Public Service Commission district until July 1, 1982, and a Public Service Commissioner shall be elected from each of such districts; provided, however, that on July 1, 1982, the Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the Public Service Merit Selection Panel from the then existing congressional districts. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member commission. The General Assembly in its 1982 session shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
To effect an orderly transition to the nomination of members of the commission by the merit selection panel and reconstitute the commission in accordance with this section, the following transition procedures shall apply to this section:
(1) Members of the commission whose terms expire June 30, 1979, shall continue to serve as commissioners until their successors are elected and qualify in 1980 pursuant to the provisions of this chapter for terms extending until the General Assembly provides for election based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
(2) Members of the commission whose terms expire June 30, 1982, shall continue to serve until the expiration of their terms on that date.
(3) The initial selection of nominees by the merit selection panel and their subsequent consideration by the General Assembly under this chapter shall take place during the 1980 session of the General Assembly.
(4) Notwithstanding any other provision of these Sections 58-3-20, 58-3-25, 58-3-40, 58-3-142 and 58-3-145, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms."
SECTION 3. Section 58-3-24 of the 1976 Code is amended to read:
"Section 58-3-24. No member of the South Carolina Public Service Merit Selection Panel and no member of his immediate family to include his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-law, sisters-in-law, nieces and nephews shall be elected to the Public Service Commission while such person is serving on the Merit Selection Panel nor shall such person or members of his family as stipulated above be elected to the Public Service Commission for a period of four years after such person ceases to be a member of the Merit Selection Panel. Additionally, after After January 1, 1981, no member of the General Assembly shall may be elected to the Public Service Commission while such that person is serving in the General Assembly nor shall such that person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."
SECTION 4. Sections 58-3-21, 58-3-22, 58-3-23 and 58-3-25 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. CARNELL continued speaking.
Rep. SHEHEEN spoke against the amendment.
Reps. SHEHEEN, WELLS, D. SMITH, TROTTER and
T.C. ALEXANDER objected to the Bill.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 7, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following Concurrent Resolution was taken up.
H. 3665 -- Rep. Davenport: A CONCURRENT RESOLUTION REQUESTING THE STATE ATTORNEY GENERAL, IN CONJUNCTION WITH THE CHIEF INSURANCE COMMISSIONER AND THE STATE CONSUMER ADVOCATE, TO INVESTIGATE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE IN THEIR THIRD PARTY PRACTICES AND TO TAKE THE NECESSARY STEPS TO BRING THESE PRACTICES TO AN END AND TO RECOVER CERTAIN FUNDS.
Rep. WILLIAMS moved to recommit the Concurrent Resolution to the Committee on Invitation and Memorial Resolutions.
Rep. DAVENPORT moved to table the motion, which was not agreed to by a division vote of 2 to 65.
The question then recurred to the motion to recommit, which was agreed to.
The following Concurrent Resolution was taken up.
H. 3707 -- Reps. Hallman, Wofford, Inabinett, A. Young, J. Bailey, Gonzales, Harrell, Fulmer, Holt, H. Brown, Whipper, Barber, Breeland, Law, G. Bailey, Williams, Hutson and R. Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNIVERSITY OF SOUTH CAROLINA SCHEDULE AT LEAST ONE SOUTHEASTERN CONFERENCE BASKETBALL GAME EACH SEASON FEATURING THE UNIVERSITY OF SOUTH CAROLINA BASKETBALL TEAM, THE FIGHTING GAMECOCKS, IN THE NORTH CHARLESTON COLISEUM.
The Concurrent Resolution was rejected by a division vote of 29 to 61.
The following Concurrent Resolution was taken up.
H. 3737 -- Reps. Barber, J. Wilder, Harrell, Hallman, J. Bailey, Whipper, Inabinett, Breeland, Holt, Gonzales, A. Young, H. Brown, Law, Williams, Fulmer, Rogers, Cato, Sharpe, R. Smith, Stone, Huff, Rudnick, Keyserling, Wofford, Cobb-Hunter, G. Bailey, Hutson and R. Young: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO WORK WITH VARIOUS STATE AGENCIES AND THE CHARLESTON TRIDENT AND AIKEN/BARNWELL AREA TO SEEK A HIGH PROPORTION OF THE PRESIDENT'S $47 BILLION ECONOMIC STIMULUS PACKAGE.
Whereas, the end of the Cold War is resulting in Department of Defense spending cutbacks that are likely to have major adverse economic impacts on the Charleston Trident area; and
Whereas, the end of the Cold War is resulting in Department of Energy spending cutbacks that are likely to have major adverse economic impacts on the Savannah River Site counties of Aiken and Barnwell; and
Whereas, as a result of the long-time presence of existing Department of Defense facilities, the Charleston Trident area has available a large, highly-skilled work force with a tremendous amount of technical expertise; and
Whereas, as a result of the long-time presence of the existing Department of Energy facilities at the Savannah River site, the Aiken/Barnwell area has available a large, highly-skilled work force with a tremendous amount of technical expertise; and
Whereas, the President's economic stimulus package will provide over $47 billion to encourage job creation through investment in energy, environment, and transportation projects, as well as science and technology development; and
Whereas, there are many inter-modal transportation needs in the Charleston Trident area, including mass transit, harbor and port facility improvements, and bridges; and
Whereas, the Aiken/Barnwell area provides a great opportunity to be the international high-tech industrial center for development, utilization, and national and worldwide transfer of nuclear waste clean-up technology, Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina General Assembly calls on the South Carolina Congressional Delegation to work with the State Energy Office, the South Carolina Department of Highways and Public Transportation, the agencies comprising the proposed Department of Natural Resources, and local authorities in the Charleston Trident and Aiken/Barnwell area to immediately and aggressively seek a high proportion of the $47 billion economic stimulus package to create energy, environmental, and transportation jobs in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the South Carolina Congressional Delegation, the South Carolina Energy Office, and the South Carolina Department of Highways and Public Transportation, the agencies comprising the proposed Department of Natural Resources, and local authorities in the Charleston Trident and Aiken/Barnwell areas.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 535 -- Senators Elliott, Rankin and Greg Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA UNTIL BETTER ACCESS IS PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.
The Concurrent Resolution was rejected by a division vote of 9 to 12.
The following Concurrent Resolution was taken up.
S. 543 -- Senator Russell: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE ALL STEPS NECESSARY TO ELIMINATE THAT UNNECESSARY FEDERAL REGULATION OF THE BANKING SYSTEM THREATENING THIS STATE'S AND THE ENTIRE COUNTRY'S ECONOMIC WELLBEING.
Rep. McTEER moved to table the Concurrent Resolution, which was agreed to.
The following Concurrent Resolution was taken up.
S. 565 -- Senators Moore, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 17, 1993, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, thirty percent of the population of South Carolina is children; and
Whereas, the children of South Carolina are our most precious resource and our greatest hope for the future; and
Whereas, the children of South Carolina deserve our most concerted efforts on their behalf to enrich their lives and provide better opportunities for their future; and
Whereas, the children of South Carolina are our most vulnerable citizens and are reliant on adults and adult systems for their care and well-being and recognition of their needs; and
Whereas, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to the children and to the future of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the week beginning October 17, 1993, is designated "South Carolina Children's Week" and Governor Carroll A. Campbell is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 566 -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO NAME THE DIVISION OF MOTOR VEHICLES OFFICE BUILDING OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE BUILT AT BALLENTINE IN RICHLAND COUNTY IN HONOR OF A. W. UTSEY, JR.
Rep. ROGERS moved to adjourn debate upon the Concurrent Resolution until Tuesday, April 6, which was adopted.
Rep. GONZALES moved to recall H. 3031 from the Charleston Delegation.
Rep. WHIPPER moved to table the motion.
As a first substitute Rep. HUFF moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. DELLENEY moved to reconsider the vote whereby the following Concurrent Resolution was rejected, which was agreed to by a division vote of 44 to 13.
S. 535 -- Senators Elliott, Rankin and Greg Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA UNTIL BETTER ACCESS IS PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.
The Concurrent Resolution was adopted and ordered returned to the Senate by a division vote of 40 to 27.
The following Bill was taken up.
H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\COUNCIL\LEGIS\AMEND\EGM\18105DW.93), which was adopted.
Amend the bill, as and if amended, Page 1, Line 37, by striking /June/ and inserting /May/; on line 38 by striking /June/ and inserting /May/; on line 1 of page 2, by striking /June first/ and inserting /May sixteenth/; on line 2 of page 2, by striking /June fifteenth/ and inserting /May thirtieth/; on line 7 by striking /June/ and inserting /May/; on line 8 of page 2, by striking /June/ and inserting /May/; on line 15 of page 2, by striking /June first/ and inserting /May sixteenth/; on lines 15 and 16 of page 2, by striking /June fifteenth/ and inserting /May thirtieth/; on line 27 of page 2, by striking /June/ and inserting /May/; on line 11 of page 3, by striking /June fifteenth/ and inserting /May thirtieth/; on line 22 of page 3, by striking /fourth/ and inserting /first/; on line 23 of page 3, by inserting after /Tuesday/ the following /after the first Monday/; on line 33 of page 3, by striking /July tenth/ and inserting /June tenth/ twice; on lines 21 and 22 of page 4 by striking /first eighteenth/ and inserting /first/; and on page 4, by striking SECTION 4 in its entirety, lines 4 through 28.
When amended, the bill shall read:
/SECTION 1. Section 7-11-15(1), (2), and (3) of the 1976 Code are amended to read:
"(1) Candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April May first sixteenth and noon on April May fifteenth thirtieth and those. Candidates seeking nomination by political party primary and political party convention for the state Senate, or House of Representatives, or a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March sixteenth May sixteenth and noon March thirtieth; May thirtieth.
(2) Candidates seeking nomination by petition for a statewide, congressional, or district office which includes more than one county shall file their statement of candidacy with the State Election Commission between noon April May first sixteenth and noon April May fifteenth; thirtieth.
(3) those Candidates seeking nomination by petition for office of the state Senate, or House of Representatives, or a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth May sixteenth and noon March thirtieth May thirtieth."
SECTION 2. The first two paragraphs of Section 7-11-210 of the 1976 Code are amended to read:
"Every candidate for selection as a nominee of any a political party for any a state office, United States Senator, member of Congress, or solicitor, to be voted for in any a party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April May thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as _____________ in the primary election to be held on ___________. I affiliate with the __________________ Party, and I hereby pledge myself to abide by the results of the primary. and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should if I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other another office for which a nominee has been elected in the party primary election, unless the nominee for any such the office has become deceased died or is otherwise disqualified for election in the ensuing General Election.'
Every candidate for selection in a primary election as the nominee of any a political party for members of the Senate, member of the and House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth May thirtieth a like similar notice and pledge."
SECTION 3. Section 7-13-40 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-40. In the event that If a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second first Tuesday after the first Monday in June August of each general election year and a second and third primary each two weeks successively thereafter after that date, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first June tenth, or if May first June tenth falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Reps. HASKINS and G. BROWN spoke against the amendment.
Reps. RICHARDSON and CORNING spoke in favor of the amendment.
Rep. HARRELSON spoke against the amendment.
Rep. BAXLEY moved to table the Bill.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Canty Fair Farr Fulmer Gamble Hallman Harrelson Harris, J. Haskins Hines Jaskwhich Keegan McCraw McLeod Neilson Phillips Robinson Rudnick Sharpe Spearman Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Beatty Boan Breeland Brown, H. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Davenport Delleney Gonzales Graham Harrell Harris, P. Harrison Harwell Hodges Holt Huff Hutson Inabinett Jennings Kelley Keyserling Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Quinn Rhoad Richardson Riser Rogers Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Sturkie Thomas Trotter Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
Rep. BAXLEY spoke against the amendment.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 77 to 24.
Rep. HARRELSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4280DW.93), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The second paragraph of Section 7-11-55 of the 1976 Code, as amended by Act 81 of 1991, is amended to read:
"If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D). If it is impossible to have a nominee nominated by special election and certified two weeks or more before the date of the general election, then the party may not conduct a special election except under the following circumstances: in the event of the death of a party nominee when it is impossible to hold a special primary election and certify the nominee two weeks or more before the date of the general election, the party executive committee may nominate a candidate. Under no conditions may the regular general election be delayed if there is at least one viable nominee."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 3, which was rejected.
Amend the bill, as and if amended, Page 1, Line 37, by striking /June/ and inserting /April/; on line 38 by striking /June/ and inserting /
April/; on line 1 of page 2, by striking /June first/ and inserting /April sixteenth/; on line 2 of page 2, by striking /June fifteenth/ and inserting /April thirtieth/; on line 7 by striking /June/ and inserting /April/; on line 8 of page 2, by striking /June/ and inserting /April/; on line 15 of page 2, by striking /June first/ and inserting /April sixteenth/; on lines 15 and 16 of page 2, by striking /June fifteenth/ and inserting /April thirtieth/; on line 27 of page 2, by striking /June/ and inserting /April/; on line 11 of page 3, by striking /June fifteenth/ and inserting /April thirtieth/; on line 22 of page 3, by striking /fourth/ and inserting /first/; on line 23 of page 3, by inserting after /Tuesday/ the following /after the first Monday/; on line 33 of page 3, by striking /July tenth/ and inserting /June tenth/ twice; on lines 21 and 22 of page 4 by striking /first eighteenth/ and inserting /first/; and on page 4, by striking SECTION 4 in its entirety, lines 4 through 28.
When amended, the bill shall read:
/SECTION 1. Section 7-11-15(1), (2), and (3) of the 1976 Code are amended to read:
"(1) Candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April April first sixteenth and noon on April April fifteenth thirtieth and those. Candidates seeking nomination by political party primary and political party convention for the state Senate, or House of Representatives, or a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March sixteenth April sixteenth and noon March thirtieth; April thirtieth.
(2) Candidates seeking nomination by petition for a statewide, congressional, or district office which includes more than one county shall file their statement of candidacy with the State Election Commission between noon April April first sixteenth and noon April April fifteenth; thirtieth.
(3) those Candidates seeking nomination by petition for office of the state Senate, or House of Representatives, or a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth April sixteenth and noon March thirtieth April thirtieth."
SECTION 2. The first two paragraphs of Section 7-11-210 of the 1976 Code are amended to read:
"Every candidate for selection as a nominee of any a political party for any a state office, United States Senator, member of Congress, or solicitor, to be voted for in any a party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as _____________ in the primary election to be held on ___________. I affiliate with the __________________ Party, and I hereby pledge myself to abide by the results of the primary. and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should if I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other another office for which a nominee has been elected in the party primary election, unless the nominee for any such the office has become deceased died or is otherwise disqualified for election in the ensuing General Election.'
Every candidate for selection in a primary election as the nominee of any a political party for members of the Senate, member of the and House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth May thirtieth a like similar notice and pledge."
SECTION 3. Section 7-13-40 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-40. In the event that If a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second first Tuesday after the first Monday in June August of each general election year and a second and third primary each two weeks successively thereafter after that date, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first June tenth, or if May first June tenth falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. HODGES moved to table the amendment, which was not agreed to by a division vote of 42 to 63.
Reps. HODGES and CORNING spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Baxley Brown, G. Carnell Cato Clyborne Cooper Davenport Fair Farr Fulmer Gamble Graham Harrelson Harris, J. Haskins Jaskwhich Keegan Kelley Koon Lanford Law Littlejohn McAbee McCraw McLeod Phillips Quinn Robinson Rudnick Smith, D. Thomas Walker Wells Wilkins Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Askins Bailey, G. Bailey, J. Barber Beatty Boan Breeland Brown, H. Brown, J. Byrd Chamblee Cobb-Hunter Corning Delleney Felder Gonzales Hallman Harrell Harrison Hodges Holt Houck Huff Hutson Inabinett Jennings Keyserling Kirsh Klauber Marchbanks Martin Mattos McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Riser Rogers Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Townsend Trotter Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Young, A.
So, the amendment was rejected.
Rep. HASKINS moved that the House do now adjourn.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Brown, G. Cobb-Hunter Fair Graham Haskins Hines Law McLeod Neilson Smith, D. Stoddard Trotter Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Barber Boan Breeland Brown, H. Byrd Canty Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Farr Felder Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harrison Hodges Holt Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kirsh Klauber Koon Lanford Littlejohn Marchbanks Mattos McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Richardson Riser Robinson Rogers Scott Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Waites Waldrop Walker Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. GAMBLE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\15401SD.93), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, by striking the report and inserting:
/Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"Section 1. Section 7-13-40 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
'Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second fourth Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater.'"
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Rep. HASKINS spoke against the Bill.
The question then recurred to the passage of the Bill on second reading as amended.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Beatty Boan Breeland Brown, H. Byrd Carnell Cato Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Gonzales Graham Hallman Harrell Harrison Harwell Hodges Holt Houck Huff Hutson Inabinett Jennings Kelley Keyserling Kirsh Klauber Koon Lanford Littlejohn Marchbanks Martin Mattos McAbee McElveen McMahand McTeer Meacham Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Rogers Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Townsend Trotter Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Baxley Brown, G. Canty Chamblee Davenport Fair Farr Gamble Harrelson Harris, J. Haskins Hines Jaskwhich Keegan Kennedy Law McCraw McLeod Neal Neilson Robinson Rudnick Spearman
So, the Bill, as amended, was read the second time and ordered to third reading.
I was unable to vote before the poll was closed. Had I been able to vote, I would have voted in favor of the Bill.
Rep. JOHN L. SCOTT, JR.
Rep. FAIR moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3799 -- Reps. A. Young, Hutson, G. Bailey, Harrell and Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING SUMMERVILLE HIGH SCHOOL ON WINNING THE 1993 CLASS AAAA LOWER STATE CHAMPIONSHIP IN GIRLS' BASKETBALL.
H. 3813 -- Reps. Rudnick, Clyborne, R. Smith, Hutson, Robinson, Jaskwhich, Stuart, Allison, Wells, Huff, Sharpe, McAbee, Carnell, Lanford and D. Wilder: A CONCURRENT RESOLUTION RECOGNIZING THE GENEROSITY OF THE LATE JAMES L. MASON OF AUGUSTA, GEORGIA, WHO DEVISED AN ALMOST TWO THOUSAND-ACRE TRACT OF LAND IN MCCORMICK COUNTY TO THE STATE WILDLIFE AND MARINE RESOURCES DEPARTMENT FOR PUBLIC HUNTING AND OTHER TYPES OF OUTDOOR RECREATION.
H. 3815 -- Reps. Rogers, Waites, Scott, Quinn, Harrison and Corning: A CONCURRENT RESOLUTION RECOGNIZING TRUSTUS THEATRE OF COLUMBIA ON BECOMING THE ONLY THEATRE IN THE STATE TO BE ACCEPTED INTO THE PRESTIGIOUS NATIONAL ENDOWMENT FOR THE ARTS ADVANCEMENT PROGRAM, AND CONGRATULATING TRUSTUS FOR THIS EXTRAORDINARY ACCOMPLISHMENT AND FOR ITS TRADITION OF EXCELLENCE IN THE ARTS.
At 12:35 P.M. the House in accordance with the motion of Rep. WORLEY adjourned in memory of Cleon Worley, to meet at 10:00 A.M. tomorrow.
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