Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
So much, Lord, of our lives requires thinking beyond the present moment - correspondence to be done, constituents to talk with, projects organized, memos made to ourselves - all this and much more cause us to forget what it is that we live for. Keep before us Your promises that we do not lose sight of their sure fulfillment. Keep firm within us the certainty of Your presence that our fears, anxieties, and insecurities may be abandoned.
Give us always grateful hearts for the abundance with which You have provided us. 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. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of James "Al" Keith of Orangeburg, which was agreed to.
The following was received.
Document No. 1628
Promulgated By Department of Consumer Affairs
Mortgage Loan Broker Certificate of Registration
Received by Speaker March 25, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 1, 1994
Sine Die Expiration Date Revision February 7, 1994
Withdrawn and Resubmitted January 26, 1994
Revised Expiration Date February 15, 1994
The Senate sent to the House the following:
S. 1088 -- Senator Giese: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA VARSITY SOCCER TEAM AND COACH MARK BERSON FOR REACHING THE NCAA NATIONAL SOCCER CHAMPIONSHIP FINALS, FOR THEIR OUTSTANDING 1993 SEASON, AND FOR THEIR HARD WORK, DEDICATION, AND DETERMINATION; AND TO COMMEND COACH BERSON, THE FOUNDER AND HEAD COACH OF THE VARSITY SOCCER PROGRAM, FOR HIS LEADERSHIP AND COMMITMENT TO EXCELLENCE IN THE DEVELOPMENT OF THE SOCCER PROGRAM AT THE UNIVERSITY AND FOR THE OUTSTANDING RECORD THAT THE TEAM HAS DEVELOPED OVER ITS SIXTEEN-YEAR HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
Referred to Spartanburg Delegation.
H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT ANY NUMBER OF HOURS OF CONTINUING INSURANCE EDUCATION EARNED BY AN AGENT IN A TWELVE-MONTH PERIOD MUST BE CARRIED FORWARD, AT THE DESIGNATION OF THE AGENT, TO THE ENSUING TWELVE-MONTH PERIOD, WITHOUT LIMITATION, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD.
Referred to Committee on Labor, Commerce and Industry.
H. 4607 -- Reps. Rudnick, G. Brown, Inabinett, Waites and Shissias: A BILL TO AMEND SECTION 56-5-2715, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOP SIGNS AND REQUIRED STOPS AT DANGEROUS RAILROAD CROSSINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION, WITH RESPECT TO STATE HIGHWAYS AND COUNTIES AND MUNICIPALITIES, WITH RESPECT TO HIGHWAYS WITHIN THEIR JURISDICTION, SHALL PLACE WHITE LINES ACROSS THE LANES APPROACHING THESE DANGEROUS CROSSINGS AND TO PROVIDE THAT AT HIGHWAY AND RAILROAD GRADE CROSSINGS LOCATED WITHIN ONE-HALF MILE OF A CHURCH OR SCHOOL, THE RAILROAD COMPANY OPERATING THE RAILROAD SHALL PLACE AND MAINTAIN AN ILLUMINATED FLASHING RED SIGNAL ON THE HIGHWAY ON EACH SIDE OF THE CROSSING.
Referred to Committee on Education and Public Works.
H. 4608 -- Reps. Rudnick, G. Brown, Baxley, Govan, J. Bailey, Inabinett, Sturkie, Harrison, Harrell, McAbee, Delleney, Barber and R. Young: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO REQUIRE THE EXEMPTION AMOUNT TO BE ADJUSTED ANNUALLY TO OFFSET INCREASES IN THE CONSUMER PRICE INDEX AND TO PRESCRIBE THE PROCEDURE FOR MAKING THE ADJUSTMENT.
Referred to Committee on Ways and Means.
H. 4609 -- Reps. Rudnick, G. Brown and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-65 SO AS TO PROVIDE THAT BEGINNING WITH THE 1994-95 SCHOOL YEAR, ALL STUDENTS OF ANY MIDDLE OR HIGH SCHOOL OF THIS STATE SHALL WEAR IDENTIFICATION BADGES WHICH INCLUDE THEIR PICTURE AND WHICH IDENTIFIES THE STUDENT AS BEING CURRENTLY ENROLLED IN THAT SCHOOL, AND TO PROVIDE THAT THESE BADGES MUST BE PROVIDED TO ALL STUDENTS WITHOUT COST AND ARE CONSIDERED THE PROPERTY OF THE SCHOOL ISSUING THE BADGES.
Referred to Committee on Education and Public Works.
H. 4610 -- Reps. Rudnick, Govan, Shissias, Inabinett and Byrd: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PRIVATE SCHOOL BUSES, SO AS TO PROVIDE THAT PRIVATE SCHOOL BUSES ALSO MUST HAVE THE SAME EQUIPMENT AND MEET THE SAME SAFETY STANDARDS AS ARE REQUIRED FOR SCHOOL BUSES OPERATED BY THE PUBLIC SCHOOLS.
Referred to Committee on Education and Public Works.
H. 4611 -- Reps. Rudnick, G. Brown, Govan, McLeod, Waites, Shissias, J. Bailey, Sturkie, Barber, Riser, Thomas and Baxley: A BILL TO AMEND SECTIONS 59-29-120, AS AMENDED, 59-29-130 AND 59-29-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDYING OF THE UNITED STATES CONSTITUTION AND OTHER TEXTS REFLECTING THE HISTORY OF THE UNITED STATES IN THE HIGH SCHOOLS AND PUBLICLY-SUPPORTED COLLEGES AND UNIVERSITIES OF THIS STATE, SO AS TO PROVIDE THAT STUDENTS IN HIGH SCHOOL SHALL STUDY THE IMPORTANCE OF CITIZEN PARTICIPATION IN DEMOCRACY AND HOW TO REGISTER TO VOTE, AND TO REVISE THE MANNER IN WHICH ALL THIS INSTRUCTION IS TO BE CONDUCTED IN THE HIGH SCHOOLS AND PUBLICLY-SUPPORTED COLLEGES AND UNIVERSITIES OF THIS STATE.
Referred to Committee on Education and Public Works.
H. 4612 -- Reps. Kirsh, Jaskwhich, Stille and D. Wilder: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE SOUTH CAROLINA COUNCIL ON HIGHER EDUCATION, TO PROVIDE FOR ITS ORGANIZATION, MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS INCLUDING THE AUTHORITY TO ESTABLISH MISSIONS OF INSTITUTIONS, SET INSTITUTION ADMISSION STANDARDS, SET ACCEPTABLE RANGES FOR TUITION AND FEES, APPROVE INTERNAL INSTITUTION BUDGETS, ESTABLISH PERSONNEL POLICIES, AND CONFIRM INSTITUTIONAL PRESIDENTS WITH THE POWER TO REMOVE FOR CAUSE, TO TRANSFER TO AND DEVOLVE UPON THE COUNCIL THE DUTIES AND FUNCTIONS OF THE STATE COMMISSION ON HIGHER EDUCATION ON FEBRUARY 1, 1995, AND TO REPEAL SECTION 59-103-10 OF THE 1976 CODE RELATING TO THE COMMISSION ON HIGHER EDUCATION.
Referred to Committee on Education and Public Works.
H. 4613 -- Reps. Tucker and Wilkins: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR ELIGIBILITY FOR STATE-PAID HEALTH INSURANCE FOR RETIREES UNDER THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO ALLOW THE DIRECTOR OF THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO WAIVE THE YEARS OF SERVICE ELIGIBILITY TEST IN A HARDSHIP CASE.
Referred to Committee on Ways and Means.
H. 4614 -- Rep. Boan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS UNDER HOME RULE, SO AS TO PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES OR FEES ON INSURANCE COMPANIES.
Referred to Committee on Judiciary.
H. 4615 -- Reps. Rogers, Anderson, Holt, Hines, McMahand, P. Harris, Snow, Canty, J. Harris, Cobb-Hunter, Scott, Waites, Felder, Govan, Barber, Rudnick, R. Smith, J. Brown, Neal, Whipper, White, Byrd, Inabinett, Williams, Kennedy, Riser, Breeland, Harvin, Beatty, Keyserling, Allison, Houck, McElveen, Walker and Corning: A BILL TO AMEND SECTION 8-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND ITS DIVISION OF HUMAN RESOURCE MANAGEMENT, SO AS TO REQUIRE THE BOARD TO DEVISE AND IMPLEMENT A CAREER INCREMENT PAY PLAN FOR CLASSIFIED STATE EMPLOYEES.
Referred to Committee on Ways and Means.
H. 4616 -- Reps. Hodges and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Referred to Committee on Judiciary.
H. 4617 -- Reps. Harvin and Rhoad: A BILL TO AMEND SECTION 50-11-2440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VISITATION AND SETTING OF TRAPS, SO AS TO AUTHORIZE THE REMOVAL AT NIGHT OF ANIMALS CAUGHT IN RUBBER-PADDED LEGHOLD TRAPS IN GAME ZONE 9.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
Referred to Committee on Judiciary.
S. 115 -- Senators Giese, Passailaigue, Glover and Rose: A BILL TO AMEND SECTION 12-7-1260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR EMPLOYERS FOR CHILD CARE PROGRAMS, SO AS TO INCLUDE ADULT CARE.
Referred to Committee on Ways and Means.
S. 277 -- Senators Wilson, Stilwell, Bryan and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO EXEMPT FROM THE DOCUMENTARY STAMP TAX REAL ESTATE TRANSFERS MADE PURSUANT TO AN ORDER OF THE FAMILY COURT.
Referred to Committee on Ways and Means.
S. 346 -- Senator Giese: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION, SO AS TO DELETE THE DATE BY WHICH LIFE ESTATES CREATED OTHER THAN BY WILL ARE OTHERWISE ELIGIBLE FOR THE EXEMPTION.
Referred to Committee on Ways and Means.
S. 505 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 547 -- Senators Lander, Giese, Greg Smith and Mitchell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO LIMIT THE EXEMPTION ALLOWED FOR PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO TWO MOTOR VEHICLE AND TO DELETE SURPLUS LANGUAGE.
Referred to Committee on Ways and Means.
S. 604 -- Senator Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
Referred to Committee on Ways and Means.
S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Referred to Committee on Ways and Means.
S. 666 -- Senator Land: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
Referred to Committee on Ways and Means.
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Referred to Committee on Ways and Means.
S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.
Referred to Committee on Ways and Means.
S. 725 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 11-15-610 AND 11-21-90, SO AS TO PROVIDE THAT ANY ISSUER OR ANY PUBLIC AGENCY WHICH IS THE LESSEE OF PROPERTY UNDER A LEASE-PURCHASE FINANCING AGREEMENT MAY ISSUE BONDS FOR THE PURPOSE OF PAYING THE REMAINING AMOUNTS OF RENT TO BECOME PAYABLE PURSUANT TO THIS FINANCING, INCLUDING INTEREST AND ANY REDEMPTION PREMIUM; TO AMEND SECTION 11-15-470 RELATING TO THE MATURITIES OF REFUNDING BONDS, SO AS TO REMOVE THE RESTRICTIONS AS TO MINIMUM PRINCIPAL MATURITY DATES OF REFUNDING BONDS; AND TO AMEND SECTION 11-15-520 RELATING TO THE SALE OF REFUNDING BONDS, SO AS TO DELETE THE REQUIREMENT THAT THESE BONDS BE SOLD ONLY AT PUBLIC SALES AND PROVIDE THAT THE BONDS MAY BE SOLD AT PRIVATE OR PUBLIC SALES AS DETERMINED BY THE GOVERNING BODY OF THE ISSUER.
Referred to Committee on Ways and Means.
S. 741 -- Senators Land and Giese: A BILL TO AMEND CHAPTER 43, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT AND EQUALIZATION OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR THE COUNTY BOARD OF APPEAL IN MATTERS RELATING TO VALUATION OF PROPERTY AND APPEALS FROM THE FINDING OF THE BOARD TO THE TAX COMMISSION AND TO PROVIDE THE PROCEDURES APPLICABLE TO THESE APPEALS; AND TO AMEND SECTION 12-37-90, RELATING TO THE DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE ADDITIONAL DUTIES FOR THE ASSESSOR RELATING TO THE KEEPING OF AN APPEAL LOG BOOK AND TAX MAPPING.
Referred to Committee on Ways and Means.
S. 780 -- Senator Courson: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY.
Referred to Committee on Judiciary.
S. 881 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF PROFESSIONAL LICENSES BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO LIMIT THE APPLICATION OF THE REVOCATION TO PERSONS SO LICENSED WHO AGREED TO PROVIDE GOODS AND SERVICES TO STATE AND LOCAL GOVERNMENT AGENCIES, TO LIMIT THE CERTIFICATION REQUIRED OF PERSONS APPLYING OR REAPPLYING FOR A RIGHT OR LICENSE TO CONDUCT A TRADE, BUSINESS, OR PROFESSION TO PERSONS FURNISHING GOODS OR SERVICES TO A STATE OR LOCAL GOVERNMENT AGENCY AND TO LIMIT THE NONRENEWAL, NONISSUE, AND NONEXTENSION OF THE LICENSE OR PERMIT HELD BY A PERSON FAILING TO FILE OR PAY TAXES TO THOSE LICENSEES OR PERMITTEES WHO HAVE AGREED TO PROVIDE GOODS AND SERVICES TO THE AGENCY ISSUING THE LICENSE OR PERMIT, AND TO CONFORM THE LANGUAGE OF THE ARTICLE TO THE RESTRUCTURING ACT; AND TO AMEND SECTION 61-3-425, RELATING TO THE PROHIBITION ON USING, RENEWING, OR TRANSFERRING BEER, WINE, AND ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX COMMISSION AND THE INTERNAL REVENUE SERVICE THAT THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO AS TO CONFORM THE SECTION TO THE RESTRUCTURING ACT.
Referred to Committee on Ways and Means.
S. 903 -- Senators Hayes, Gregory and Giese: A BILL TO AMEND SECTION 16-13-110(B)(1), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MULTIPLE OFFENSES OF SHOPLIFTING AS A MISDEMEANOR IN WHICH THE VALUE OF THE SHOPLIFTED MERCHANDISE IS ONE THOUSAND DOLLARS OR LESS, SO AS TO PROVIDE PENALTIES FOR SECOND OR SUBSEQUENT OFFENSES.
Referred to Committee on Judiciary.
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
Referred to Committee on Judiciary.
S. 1067 -- Senator Waldrep: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
Referred to Anderson Delegation.
S. 1072 -- Senators Moore, Setzler and Ryberg: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Reps. SHISSIAS, CORNING and SCOTT presented to the House the Richland Northeast High School Cavaliers Football Team, winners of the 1993 Class AAAA Division II State Championship, and their coaches.
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 Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harvin Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, January 26.
Douglas E. McTeer, Jr. James P. Harrelson James H. Harrison Donald W. "Don" Beatty
SENT TO THE SENATE
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4332 -- Reps. Sheheen, Rudnick and Stuart: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990, TO FURTHER PROVIDE FOR CONGRESSIONAL DISTRICT REPRESENTATIVES ON BOARDS, COMMITTEES, AND COMMISSIONS, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED.
H. 4333 -- Reps. Sheheen, Snow, Rudnick and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted.
H. 4581 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1066 -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.
H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.
H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.
Rep. SNOW explained the Bill.
The following Bill was taken up.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Reps. CORNING, J. BAILEY, WRIGHT, ALLISON, DAVENPORT, J. BROWN, RISER, SHARPE, D. SMITH, ROBINSON and TROTTER objected to the Bill.
The following Bill was taken up.
H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7546BDW.94), which was adopted.
Amend the bill, as and if amended, by striking lines 20-21 and inserting:
/SECTION 1. Section 50-21-850 of the 1976 Code, as last amended by Section 1269, Act 181 of 1993, is further amended to read:/
Amend further, Section 50-21-850, line 24, after /object/ by inserting /being towed by a motorized watercraft/, so that when amended, the section reads:
/Section 50-21-850. (A) No person shall may water ski or ride on a surfboard or similar object being towed by a motorized watercraft unless he is wearing a ski belt, a life preserver, or similar equipment which will keep the person afloat should he fall or be thrown into the water United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it.
(B) The following persons are exempt from the requirements of this section;
(1) participants in scheduled water ski tournaments or shows sponsored by a recognized water ski club are exempt from this requirement.;
(2) persons holding ratings of first class or higher in the American Water Ski Association are exempt from this requirement.;
(3) windsurfers and sailboarders are exempt from this requirement./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. SNOW explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Rep. WILKINS, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7579DW.94), which was adopted.
Amend the bill, as and if amended, SECTION 29, page 14, beginning on line 13, by striking /At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election./ and inserting /At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election./
Amend further, line 30, after /whichever/ by inserting /period of time/.
Amend further, line 43, after /(B)/ by inserting /and (D)/.
Amend further, beginning on line 44, by striking /in the following calendar quarter/ and inserting /within thirty days of the end of the prior quarter/.
Amend title to conform.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
Rep. WHITE moved to reconsider the vote whereby the following Bill was given a third reading.
H. 4333 -- Reps. Sheheen, Snow, Rudnick and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Rep. WHITE spoke in favor of the motion to reconsider.
Rep. HODGES asked unanimous consent to allow members to submit statements for the Journal on reapportionment, which was agreed to.
Rep. WHITE spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
The question then recurred to the passage of the Bill on third reading.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Brown, H. Carnell Cato Chamblee Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hodges Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, J. Byrd Canty Cobb-Hunter Elliott Govan Harrelson Harwell Hines Inabinett Kennedy McMahand Moody-Lawrence Neal Rhoad Scott Whipper White Williams
So, the Bill was read the third time and ordered sent to the Senate.
Since I do not consider myself a "career politician", the efforts to redraw districts to increase minority representation is not a personal matter (Post-Courier, Jan. 23, 1-B, "Republicans, Blacks Reunited"). Democrats hold office due to the loyalty of blacks who make up an increasingly high percentage of the party's membership; therefore, it should not be too much to ask that this loyalty be recognized and that we agree that blacks should have the opportunity to serve in elected positions in proportion to their party membership, or most importantly, on the basis of their percentage in the general population.
After holding his seat since 1975, and obviously looking forward to retirement before the next reapportionment, Representative Don Holt's outrage at the thought of his district becoming an electable black district is an insult to those in the black community who have supported him over the years. His intentional misrepresentation of the facts is hypocritical and demeaning. The minority population in District 109 can be enhanced without touching District 118.
It was implied in the article that all the plans that were offered to strengthen District 109 as a Minority District were initiated by me. After agreeing that District 110 be extended to accommodate population growth East of the Cooper, Mr. Bailey presented a plan that would shift Sullivan's Island to District 110. This was rejected by Mr. Hallman. He then suggested a plan that includes Remley's Point and splits the Hobcaw Point sub-division. Instead of accepting credit for those plans, I offered my proposal for strengthening the District as an amendment to the Reapportionment Bill. This proposal makes the least disruptive changes. However, the amendment was defeated 84 to 17 with only Black Caucus members voting in favor.
Mr. Bailey stated that the peninsula district should maintain its character "rather than it be part in the City of Charleston, part in the town of Mt. Pleasant and part in Charleston county." Mr. Bailey failed to share with the reporter that his district presently covers heavily populated minority precincts West of the Ashley. Maintaining the character of the city is not an issue during annexation and should not be an issue during reapportionment. Rivers, marshes, creeks and streams have been crossed in order to annex areas into the City of Charleston.
White Democrats need to answer the big question, "should blacks, loyal Democrats, seek to share in the power of elective office?" Surely the time has come for Democrats to accept the idea of self-determination for black citizens and accommodate this goal even against their self-interest. A perfect example of a gracious statesman was the decision of Senator Isadore Lourie, D-Richland County, to retire from the Senate easing the transition to a minority district now being served by the young black Senator Darrell Jackson.
Although District 109 is considered an "at risk" district due to the racial pattern of voting in Charleston and elsewhere, I have enjoyed the opportunity to serve and work for and with constituents of diverse racial, cultural and economic backgrounds. I would like to assure the same opportunity for others who may follow me.
Rep. LUCILLE S. WHIPPER
There is an inherent problem in being in the majority - the majority enfolds around its members to the exclusion of those who are not apart of its group. The insensitivity is enormous and reflects itself in the critical issues which must be addressed on occasions.
Yesterday, January 25, 1994 and again today, this body has demonstrated its unwillingness to forge a policy of inclusion - equity and fairness and has chosen to protect incumbency and the right of the white majority to rule at the expense of African-Americans who deserve to be fully represented. It is clear, in my mind, that the action represents a strategy of the majority race and party affiliation had little or nothing to do with the outcome.
Nothing highlights this farce more intensely than the collaboration of whites who represent majority-Black districts and others who I know depend upon African-American voters to support their candidacies. Members of my own delegation, one who represents a majority black district and who has been re-elected three times and another who will certainly need black support for re-election chose to participate in this scheme to castrate black voters and in fact to nail the coffin on their full participation in the political process for the next eight years(another member of my delegation also voted negatively, but he doesn't need black votes to be re-elected). The same is true of representatives from other districts also. The decision to walk today by some was, in my opinion, to little to late.
The question, does minority areas which have sufficient numbers for representation have a right to be represented has been answered by the S.C. House of Representatives - NO! Especially if it may require the loss of a seat or two or nine or ten currently held by members of the majority race.
We have permitted a golden moment to pass us by. The application of a little justice and fairness from the majority could have sent a signal to the world that South Carolina was making an upward swing in race relations.
I know now, more than ever, I am here but in the eyes of my white colleagues, I am not supposed to be here either.
Rep. RALPH W. CANTY
Today, Wednesday, January 25, 1994, the above-referenced House Bill (H. 4333) passed on third reading.
I am taking this opportunity to voice my extreme displeasure with the passage of this bill. Numerous avenues were presented to effectuate a greater proportion of representation for minority citizens of our State. These opportunities were blatantly ignored in favor of the status quo, exclusion versus inclusion, and full participation of all citizens regardless of race, color,creed, religion, or national origin.
As Chairman, of the South Carolina Legislative Black Caucus, I find these actions reprehensible. It is unconscionable to think that in 1994 intelligent men and woman of this fine body would make such an inexcusable decision.
One-third of our state's population should have no difficulty garnering at least one-third of the seats in the General Assembly. Any other alternative is unacceptable.
We simply need more members of the House of Representatives who are willing to do the right thing.
Rep. JOE BROWN
Mr. Speaker and my fellow colleagues in the South Carolina House of Representatives, I would like to take this opportunity to express my anger and disappointment that you would pass H.4333 without making the slightest effort to comply with instructions from the U. S. Supreme Court. The reason we are here today dealing with this issue, the second time in less than two years, is because it wasn't done right the first time. The first plan was drawn with little consideration given to a group of individuals that make up a significant part of the citizenry of South Carolina, namely African-Americans. And today, by the vote most of you cast, you are again saying to African-Americans in this State, "you don't count."
I have listened as many of my colleagues talk about the recent decision of the Court in the North Carolina Shaw case. You would have me believe that because of that decision, you now can't draw any more black districts. Well, that's just your excuse to not do what you know is right.
The directive from the Court was clear when South Carolina's plan was sent back - draw more black districts where possible. Several plans were presented to this body that would have created more black districts without gerrymandering. Your rejection of every one of these plans sends a clear message to every African-American citizen in South Carolina, that you are just not willing to do what you know is right.
Rep. JUANITA WHITE
The following Bill was taken up.
H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, January 20, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 66 to 17.
The following Bill was taken up.
H. 3999 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3188AL.94).
Amend the bill, as and if amended, Section 24-13-70(B)(2), page 2, line 20, by deleting /five/ and inserting /ten/.
Amend further Section 24-13-70 by adding:
/(D) All medical costs incurred by a inmate during his incarceration must be paid upon his release from a correctional facility or a judgment entered against him or his estate if the inmate was executed or died while in the custody of the Department of Corrections./
Renumber subsections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CROMER having the floor.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4618 -- Reps. Graham, Meacham, Hallman, A. Young, Quinn, Gonzales, Allison, Govan, Fulmer, H. Brown, Davenport, Simrill, Sturkie, Walker, Holt, D. Smith, Thomas, Corning, Richardson, Robinson, Wilkins, Marchbanks, Shissias, T.C. Alexander, Sharpe, Harrison, P. Harris, Hutson, Chamblee, Harrell, Farr, Cato, McElveen, Fair, Jennings, Worley, Baker, Wright, Riser, Law, Baxley, D. Wilder, Keyserling, Snow, Vaughn, Trotter, Cooper, Williams, Spearman, Stuart, Haskins, Townsend, Wells, Koon, Klauber, Stoddard, Gamble, J. Bailey, Jaskwhich and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-142 SO AS TO PROHIBIT APPROPRIATION OF NONRECURRING REVENUES FOR A RECURRING PURPOSE EXCEPT UPON A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY AND TO REQUIRE SUCH AN APPROPRIATION TO IDENTIFY THE SOURCE OF THE NONRECURRING REVENUE.
Referred to Committee on Ways and Means.
H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.
Referred to Committee on Judiciary.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CROMER having the floor.
H. 3999 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.
Debate was resumed on Amendment No. 1 by Rep. CROMER.
Rep. CROMER continued speaking.
The amendment was then adopted.
Rep. HODGES explained the Bill.
Rep. HODGES moved to reconsider the vote whereby Amendment No. 1 was adopted, which was agreed to.
Rep. WHIPPER moved to table the amendment, which was agreed to.
Rep. J. BROWN moved to table the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Beatty Breeland Brown, J. Byrd Govan Hines Inabinett Kennedy McMahand Moody-Lawrence Whipper Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Brown, H. Carnell Cato Corning Cromer Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harvin Haskins Hodges Houck Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Marchbanks Mattos McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Snow Spearman Stille Stoddard Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
Reps. MOODY-LAWRENCE, BEATTY, ANDERSON, HINES, McMAHAND, WHIPPER, INABINETT, BREELAND and KENNEDY objected to the Bill.
Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
The following Bill was taken up.
H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.
Rep. SCOTT objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the Bill until Tuesday, February 1, which was adopted.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, January 27, which was adopted.
H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.
The following Bill was taken up.
H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15576AC.94), which was adopted.
Amend the bill, as and if amended, by adding after /officer./ on page 1, line 26 /The State is not required to furnish a bulletproof vest to a law enforcement officer who would be provided a vest by his employing agency. Upon termination of an officer's employment, his bulletproof vest shall remain with his employing agency./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. LANFORD moved to adjourn debate upon the Bill until Thursday, January 27, which was adopted.
The following Bill was taken up.
S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20232SD.94), which was adopted.
Amend the bill, as and if amended, in Section 27-43-10 of the 1976 Code as contained in Section 1 by striking, beginning on line 36 on page 1: /and removal benefits the community and is in the public interest/
When amended Section 27-43-10 shall read:
/Section 27-43-10. When any A person who owns any land on which is situated an abandoned cemetery or burying ground, and where it becomes may remove graves in the cemetery or ground to a suitable plot in another cemetery or suitable location if:
(1) It is necessary and expedient in the opinion of the governing body of the county or municipality in which the cemetery or burying ground is situated to remove the graves, it shall be lawful for such person, after. The governing body shall consider objections to removal pursuant to the notice under item (2) or otherwise before it approves removal.
(2) Thirty days' notice of removal is given to the relatives of the deceased persons buried therein in the graves, if any they are known, and. If no relatives are known, then after thirty days' notice must be published in a newspaper of general circulation in the county where the property lies, and. If no newspaper is published in the county, then by posting notice must be posted in three prominent places in the county, one of which shall must be the courthouse door, to remove the graves to a suitable plot in some other cemetery or other suitable location,.
(3) Due care being is taken to protect tombstones and replace them properly, so as to leave the graves in as good condition as before removal./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20231SD.94), which was adopted.
Amend the bill, as and if amended, by striking Section 24-21-615 of the 1976 Code as contained in Section 1 and inserting:
/Section 24-21-615. The board may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up
H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3167BDW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-17-760 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-760. It is unlawful to set or use any a trap or basket commonly termed a 'crab pot' to catch crab for commercial purposes within the tributaries, between the headlands, and within Chechessee Creek in Beaufort County and Euhaw Creek upstream of Tickton Hall in Jasper County and between May first and October first within Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County. Individuals may set two crab pots to catch crabs for personal consumption and not for sale."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ROGERS moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.
H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: A BILL TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.
Rep. McABEE moved that the House do now adjourn, which was adopted by a division vote of 50 to 46.
The Senate returned to the House with concurrence the following:
H. 4587 -- Reps. Rogers, Waites, Neal, Scott, Cromer, Byrd and J. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF DR. EDWARD EUGENE TAYLOR OF RICHLAND COUNTY WHO DIED IN OCTOBER OF 1993.
H. 4588 -- Reps. Harvin, Cobb-Hunter, H. Brown, Wofford and Law: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE DEWITT WILLIAMS, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, ON RECEIVING THE FEDERATION OF OLDER AMERICANS' LEGISLATOR OF THE YEAR AWARD.
H. 4589 -- Reps. Harrell, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE ORANGE GROVE ELEMENTARY SCHOOL IN CHARLESTON ON BEING CHOSEN A STATEWIDE WINNER OF THE PALMETTO'S FINEST AWARD.
H. 4592 -- Rep. Stuart: A CONCURRENT RESOLUTION CONGRATULATING PELION ELEMENTARY SCHOOL OF LEXINGTON COUNTY ON WINNING THE STATE INCENTIVE AWARD FOR FOUR CONSECUTIVE YEARS.
H. 4602 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF T. BARNEY SMITH OF ANDERSON UPON HIS DEATH.
H. 4603 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ANDERSON ATTORNEY GLENN W. THOMASON UPON HIS UNEXPECTED DEATH DURING THE LEGISLATIVE INTERIM.
At 3:40 P.M. the House in accordance with the motion of Rep. COBB-HUNTER adjourned in memory of James "Al" Keith of Orangeburg, to meet at 10:00 A.M. tomorrow.
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