Indicates Matter Stricken
Indicates New Matter
The House assembled at 1:45 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As we move into the business of this day, be for us, Lord, our continuing Companion and Helper. Keep us constantly aware of the importance of what we do, knowing that our actions effect not only the present, but includes generations to follow. So as we apply ourselves to the work at hand, may we keep in mind that the steam that blows the whistle does not turn the wheel, and that the "armor of God" is not appropriate apparel for those who sit in rocking chairs. So may we accept the challenges before us as opportunities to make us better than we are.
Keep us confident and steadfast in the words of the Psalmist: "You shall guide me in Your counsel." (Psalm 73:4) Amen.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. THOMAS: "On H. 3200, Mr. Speaker, I raise the Point of Order that the Chair does not have the authority to ratify today a Bill that was not listed in the Sine Die Resolution."
Speaker SHEHEEN: "Mrs. Thomas, we received a message from the Senate that they had concurred in the House Amendments to H. 3200 and the message was received at 7:00 P.M. last night and because the Point was raised with the Chair last night, that message was not entered in the Journal because it was not on the Sine Die Resolution, and the only act left to be performed once the Senate concurred in the House Amendments is to enroll the Bill for ratification and the Speaker of the House and the Lieutenant Governor on behalf of the respective Bodies are authorized to ratify those Acts. I want to read the Sine Die Resolution for just a minute before I rule on your Point of Order. I just need to make sure. The practical effect, if I sustain your Point of Order and refuse to ratify that Act, would be only to delay the ratification of the Act until we convene in January. Do you agree with me that that would be the result of sustaining your Point of Order?"
Rep. THOMAS: "Unless there was someone who, and I don't know if this is possible in the Senate, unless someone voted on the prevailing side in the Senate who moved to reconsider."
Speaker SHEHEEN: "But, according to my research on the history of the Bill and your research on the history of the Bill, am I correct in saying that unless some further action was taken by the Senate to reverse what they did in the vote yesterday, then the only practical effect of sustaining the Point of Order would be to delay the ratification until the General Assembly reconvenes in January."
Rep. THOMAS: "Yes sir."
Speaker SHEHEEN: "Do you have a copy of the Sine Die Resolution in front of you?"
Rep. THOMAS: "I do."
Speaker SHEHEEN: "Look at Paragraph 2 with me for a minute. Paragraph 1 controlled what happened between June 3 and June 10 and it specifically included any Acts which were enrolled for ratification prior to June 10. Paragraph 2 deals with what could happen between June 14 and June 18, included in the actions which could be taken between June 14 and June 18 were ratification of Acts, and the receipt and consideration of Conference and Free Conference Reports. Do I understand that your position is that if this had been a Conference Report, it could have been enrolled for ratification but, since it was not a Conference Report and adopted by both bodies on a Conference Report, it could not be enrolled for ratification and the Chair had no authority to ratify it?"
Rep. THOMAS: "That is correct."
Speaker SHEHEEN: "Extension resolutions are fairly a new animal as a result of the Act passed in 1979 which limited extensions of the General Assembly to resolutions passed by two-thirds vote of both bodies and I have looked at the Precedents since 1979 and I am going to sustain your Point of Order and tell you that I will refuse to ratify that Act because I believe that to be beyond my authority to ratify that Act under the Sine Die Extension Resolution and the Chair and the House has consistently applied that principal since 1979 and there are Precedents under Speaker Schwartz and under Precedents issued by me. I do tell you that I think the practical effect of that is to delay ratification until January and I'll have no alternative but to ratify in January unless some further action is taken by the General Assembly."
The House stood at ease until the ratification of Acts.
At 1:59 P.M. the House resumed, the SPEAKER in the Chair.
At 2:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R273) S. 599 -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
(R274) H. 3043 -- Rep. Scott: AN ACT TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED OR SUSPENDED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE, AND TO PROHIBIT A MAGISTRATE FROM ORDERING COMMUNITY SERVICE IN LIEU OF A SENTENCE FOR CERTAIN OFFENSES; TO ADD SECTION 22-1-25 SO AS TO ESTABLISH A MANDATORY RETIREMENT AGE OF SEVENTY-TWO FOR MAGISTRATES; TO AMEND SECTION 8-13-910 RELATING TO STATEMENTS OF ECONOMIC INTEREST FILED BY CANDIDATES FOR OFFICES ELECTED OR CONSENTED TO BY THE GENERAL ASSEMBLY SO AS TO PROVIDE THAT THE STATEMENTS OF CANDIDATES FOR WHOM THE ADVICE AND CONSENT OF THE SENATE OR GENERAL ASSEMBLY IS REQUIRED MUST BE FORWARDED BY THE APPOINTING AUTHORITY WITH THE APPOINTMENT RATHER THAN FILED BY THE CANDIDATE WITH THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES; TO ADD SECTION 1-3-215 SO AS TO PROVIDE THAT THE GOVERNOR MUST SUBMIT CERTAIN INFORMATION TO THE SENATE ON APPOINTMENTS REQUIRING THE ADVICE AND CONSENT OF THE SENATE.
(R275) H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: AN ACT TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; BY ADDING SECTION 16-1-57 SO AS TO PROVIDE FOR CLASSIFICATION FOR A THIRD OR SUBSEQUENT CONVICTION FOR CERTAIN PROPERTY OFFENSES; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-430, AS AMENDED, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, AS AMENDED, 16-11-520, AS AMENDED, 16-13-10, 16-13-30, AS AMENDED, 16-13-40, 16-13-50, AS AMENDED, 16-13-70, 16-13-110, AS AMENDED, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, AS AMENDED, 16-13-240, AS AMENDED, 16-13-260, AS AMENDED, 16-13-420, AS AMENDED, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO CHANGE THE OFFENSE TO A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO MAGISTRATE'S JURISDICTION OVER CRIMINAL OFFENSES, SO AS TO INCREASE THE JURISDICTION AND TO ALLOW RESTITUTION; TO AMEND SECTION 22-3-570, AS AMENDED, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN; TO AMEND CHAPTER 25, TITLE 2, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO STUDY THE CRIMINAL LAWS OF THE STATE, SO AS TO REVISE THE MEMBERSHIP, AND BY ADDING SECTIONS 2-25-20 AND 2-25-30 SO AS TO EXPAND THE POWERS, DUTIES, AND SCOPE OF THE COMMITTEE; TO PROVIDE AN EFFECTIVE DATE FOR THE JOINT LEGISLATIVE COMMITTEE TO STUDY THE CRIMINAL LAWS; TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT; AND TO AUTHORIZE THE CODE COMMISSIONER TO PLACE CERTAIN CRIMES ON THE LIST OF CLASSIFICATIONS AS NECESSARY.
(R276) H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: AN ACT TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT NINETEEN DEPARTMENTS AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION, TERMS, AND REMOVAL OF DEPARTMENT HEADS, BOARD AND COMMISSION MEMBERS, AND OTHER OFFICIALS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OR STATUTORY OFFICERS, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE, AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR EFFECTIVE DATES, AND TO AMEND CERTAIN SECTIONS. (Abbreviated Title)
(R277) H. 3610 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR. (Abbreviated Title)
(R278) H. 4208 -- Rep. Harrell: A JOINT RESOLUTION TO EXTEND THE EXPIRATION DATE OF EXISTING TRANSITIONAL REAL ESTATE APPRAISER LICENSES ISSUED UNDER SECTION 40-60-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAY 1, 1994, OR UNTIL AN APPRENTICE APPRAISER CLASSIFICATION IS ESTABLISHED BY STATUTE, WHICHEVER OCCURS FIRST.
(R279) H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE HOUSE MEMBERS OF THE BERKELEY COUNTY DELEGATION.
At 2:18 P.M. the House resumed, the SPEAKER in the Chair.
At 2:20 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet Friday, June 18, at a time to be determined by the Chair for the purpose of ratifying Acts.
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