Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, found by those who seek You, known by those who love You, and seen by those possessed with faith, before we go into the work of this day, we would lift our prayer to You asking divine guidance. We confess that when we tread the path of clutching duty, we often fail to see high enough or far enough. Teach us that we find the way out of confusion of the world when we look to You Who pierces the horizons of darkness to gladden our searching visions.
So may we always "lift our eyes unto the hills from whence comes our help". 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. KINON moved that when the House adjourns, it adjourn in memory of M. Coy Jackson of Dillon, which was agreed to.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
March 9, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The Medical University of South Carolina and Citizens for Nuclear Technology Awareness are extending an invitation to members of the South Carolina General Assembly to attend a special seminar on radiation on Wednesday, April 13, 1994, at 1:30 P.M.
The seminar will be held at the Capital City Club in the AT&T Building at Main and Gervais Streets. Light refreshments will be provided.
Dr. James Edwards, president of the Medical University of South Carolina, and Dr. Fred C. Davison, chairman of the board of directors of Citizens for Nuclear Technology Awareness, will serve as hosts for this event.
Our purpose is to share basic information with members of the Legislature concerning radiation, its manmade and natural sources, and its effects on human health. The information will be presented by representatives of the Medical University. We also anticipate having brief talks by two invited members of the Legislature.
This topic is a very important one in South Carolina because of this state's heavy reliance on nuclear energy -- both for jobs and electricity.
We respectfully request that this event be placed on the official Legislative Calendar at which time we will issue a formal letter of invitation to each member.
Thank you for your assistance.
Sincerely,
W.C. Reinig
Chairman
CNTA Education Committee
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4930 -- Reps. Davenport, Wilkes, Witherspoon, Harrelson, Stone, G. Brown, Hallman, Spearman, T.C. Alexander, Corning, McKay, Riser, Thomas, Kelley, Stille, Walker, R. Smith, Baker, Wofford, Littlejohn, Gamble, Cato, Robinson, Kirsh, Graham, Waites, Anderson and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Association of Citadel Men for barbecue, April 5, 1994, 6:00 P.M., in the Cantey Building on the State Fairgrounds.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Arts Commission for breakfast, April 6, 1994, 8:00 A.M. - 9:00 A.M. at the Ramada Town House.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Home Builders Association of S.C. for annual Bird Supper, April 6, 1994, cocktails - 6:30 P.M.; dinner - 7:15 P.M., in the Moore Building, State Fairgrounds.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Ferret Lovers for a breakfast drop-in, April 7, 1994, 9:00 A.M. - 10:00 A.M., in the State House lobby.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Clemson University Division of Agriculture and Natural Resources for dinner, April 12, 1994, 6:00 P.M. at the Women's Club of Columbia, 1703 Blossom Street, Columbia.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Governor's Community Improvement Board and S.C. Clean and Beautiful for a breakfast drop-in, April 13, 1994, 8:00 A.M. -9:30 A.M., in Room 208 Blatt Building.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Summary Court Judges Association for a reception, April 13, 1994, 6:00 P.M. - 9:00 P.M. at the State Fairgrounds.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Farm Bureau Federation for a reception, April 19, 1994, 6:00 P.M. - 7:30 P.M. at the Sheraton Hotel.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Advisory Board of the S.C. Agricultural Experiment Station System for a reception, April 26, 1994, 6:00 P.M. - 8:00 P.M. at the Lace House in the Governor's Mansion Complex.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Bankers Association (Young Bankers Division) for annual Legislative Oyster Roast, April 27, 1994, 6:00 P.M. at the Sterling Garden Center.
The invitation was accepted.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4493 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4596 -- Rep. Hodges: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4795 -- Reps. M.O. Alexander, Cato, Sharpe, R. Smith and A. Young: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4826 -- Reps. Allison and Lanford: 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 OR PUBLIC SERVICE DISTRICT, SO AS TO AUTHORIZE A SUBSISTENCE ALLOWANCE EQUAL TO THE LESSER OF ACTUAL EXPENSES OR ONE HUNDRED DOLLARS A DAY.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4960 -- Reps. Quinn and J. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE MR. GARY T. GEDDENS, PRINCIPAL OF COLUMBIA HIGH SCHOOL, UPON BEING NAMED THE "ADMINISTRATOR OF THE YEAR" BY THE SOUTH CAROLINA ASSOCIATION OF STUDENT COUNCILS AT THE WINTER MEETING OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, TO INVITE HIM TO VISIT THE HOUSE OF REPRESENTATIVES WEDNESDAY, APRIL 6, 1994, AND TO EXTEND TO HIM THE PRIVILEGE OF THE HOUSE FLOOR AT AN APPROPRIATE TIME ON THAT DATE FOR THE PURPOSE OF BEING RECOGNIZED.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4961 -- Reps. Gamble, Wright, Stuart, Koon, Sturkie, Riser and Spearman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. VERNA LEONA "TINCY" P. SETZLER OF WEST COLUMBIA, MOTHER OF OUR FRIEND AND COLLEAGUE, THE HONORABLE NIKKI G. SETZLER, UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4962 -- Rep. Keyserling: A HOUSE RESOLUTION TO RECOGNIZE MARCH 26, 1994, AS THE 120-YEAR INCORPORATION DAY CELEBRATION OF THE TOWN OF PORT ROYAL, SOUTH CAROLINA.
Whereas, records of the earliest explorers establish that the site of the present Town of Port Royal has been occupied with very few breaks in continuity by white settlers from 1566 up to the present; and
Whereas, according to these records, beginning in 1566 Port Royal was the site of the Spanish forts of San Felipe (1566-76) and San Marcos (1577-on) with a continuous existence up to 1674; and
Whereas, while there are many other historical references to Port Royal Harbor over the next two hundred years, the Town of Port Royal was not as prominent during that time as in the early settlement days when the government of the Carolina colony was not by township or county but was centralized at the seat of the colony which had moved in the late 1670's to Charles Town; and
Whereas, William Sayle arrived with two ships at Port Royal in 1670, was appointed Governor of this English colony, and began the first settlement of the English proprietors in the Province of South Carolina at Port Royal; and
Whereas, in 1674 under the leadership of Sir John Yeamans, the Province of South Carolina was divided into four counties one of which was Colleton which contained Port Royal; and
Whereas, the Town of Port Royal as it is known today began to emerge in 1869, when Stephen Caldwell Millett started a railroad in southeastern South Carolina named Port Royal because it crossed the entire island of Port Royal from Coosaw River to Battery River; and
Whereas, the terminus of the railroad was to be built on Cedar Grove Plantation which extended from the present U. S. Naval Hospital to the Battery River and this land was sold for taxes after the Civil War to the Port Royal Railroad Company for the terminus; and
Whereas, it is from this tract of land that the present day town called Port Royal grew and was incorporated on March 9, 1874. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, recognize March 26, 1994, as the 120-Year Incorporation Day celebration in Port Royal, South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Henry Robinson, Mayor, Port Royal, South Carolina.
The Resolution was adopted.
The following was introduced:
H. 4963 -- Reps. Cooper, Townsend, Chamblee, Stille, P. Harris and Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE WREN HIGH SCHOOL GOLDEN HURRICANES BOYS BASKETBALL TEAM OF ANDERSON COUNTY ON WINNING THE CLASS AAA UPPER STATE CHAMPIONSHIP FOR 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4964 -- Reps. Davenport, Wilkes, Townsend, G. Brown, Stille, Moody-Lawrence, Inabinett, Harvin, Richardson, Lanford, Corning, Simrill, Haskins, Allison, D. Wilder, McElveen, Neal, Beatty, Stuart, Klauber, Law, Witherspoon, Baxley, Delleney, Canty, J. Bailey, McTeer and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4965 -- Reps. Neilson, Baxley and Hines: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE "YOUNG SINGERS OF DARLINGTON" AND THE GROUP'S DIRECTOR AND ASSOCIATED REPRESENTATIVES ON THURSDAY, MAY 5, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND PRESENTING A MUSICAL PERFORMANCE.
The Resolution was ordered referred to the Committee on Rules.
The Senate sent to the House the following:
S. 1280 -- Senators Peeler, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, 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 CONGRATULATE COACH FRANK HOWARD ON HIS 85TH BIRTHDAY ON MARCH 25, 1994.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1281 -- Senator Martin: A CONCURRENT RESOLUTION URGING THE CITIZENS STAMP ADVISORY COMMITTEE TO HONOR THE LATE HENRY MARTYN ROBERT, ORIGINAL AUTHOR OF "ROBERT'S RULES OF ORDER".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4966 -- Reps. Barber, Worley, Harrelson, Keyserling, Inabinett, G. Bailey, Richardson, Fulmer, Holt, A. Young, J. Bailey, Witherspoon, Breeland, Waites and Kelley: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA COASTAL FUTURES PLANNING ACT OF 1994; TO ESTABLISH THE SOUTH CAROLINA COASTAL FUTURES TASK FORCE AND TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, POWERS, DUTIES, AND DISSOLUTION.
Referred to Committee on Ways and Means.
H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4968 -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-385 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER SEVENTEEN YEARS OF AGE TO LOITER ON THE PREMISES OF A STORE THAT SELLS BEER, WINE, ALCOHOLIC LIQUOR, OR OTHER ALCOHOLIC BEVERAGES.
Referred to Committee on Judiciary.
H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER 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.
Referred to Committee on Education and Public Works.
S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.
Referred to Committee on Ways and Means.
S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
S. 849 -- Senators Greg Smith, Rankin and Washington: A BILL TO AMEND SECTION 56-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM VEHICLE REGISTRATION REQUIREMENTS, SO AS TO PROVIDE THAT VEHICLES OWNED BY NONRESIDENTS MAY BE OPERATED FOR A MAXIMUM OF ONE HUNDRED EIGHTY-THREE DAYS WITHIN THIS STATE BEFORE THE NONRESIDENT OWNER MUST REGISTER SUCH VEHICLE.
Referred to Committee on Education and Public Works.
S. 1026 -- Senator McGill: A BILL TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR AN EVENT.
Referred to Committee on Labor, Commerce and Industry.
S. 1079 -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT MEDICINE DONATED BY ITS MANUFACTURER TO A PUBLIC INSTITUTION OF HIGHER EDUCATION FOR RESEARCH PURPOSES OR FOR TREATMENT OF INDIGENT PATIENTS.
Referred to Committee on Ways and Means.
S. 1136 -- Senator Williams: A BILL TO AMEND CHAPTER 1, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF THE PROBATE CODE, BY ADDING SECTION 62-1-109 SO AS TO CLARIFY THE DUTIES OR OBLIGATIONS OF AN ATTORNEY FOR A PERSON SERVING AS FIDUCIARY.
Referred to Committee on Judiciary.
S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.
Referred to Committee on Judiciary.
S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
S. 1255 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was introduced:
H. 4970 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY LOUISE RALEY SCOTT OF DARLINGTON COUNTY UPON HER RETIREMENT FROM MORE THAN THREE DECADES OF SERVICE TO THE DISABLED CITIZENS OF SOUTH CAROLINA AND TO WISH HER WELL IN THE YEARS TO COME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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. Carnell Cato Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Farr Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Hines Holt Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Robinson Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. 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, March 23.
Michael L. Fair John W. "Bill" Riser Roland S. Corning Timothy C. Wilkes Joseph T. McElveen Donald W. "Don" Beatty Ralph W. Canty Joe E. Brown William S. Houck Charles R. Sharpe Joseph H. Neal Alma W. Byrd James H. Hodges Terry E. Haskins Larry L. Koon H. Howell Clyborne, Jr. Richard M. Quinn, Jr. Timothy F. Rogers John G. Felder Mark Kelley Stephen E. Gonzales Larry L. Elliott
LEAVES OF ABSENCE
The SPEAKER granted Rep. GONZALES a temporary leave of absence.
The SPEAKER granted Rep. THOMAS a leave of absence due to illness.
Announcement was made that Dr. Dan Brake of Charleston is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
H. 4373 -- Reps. Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-153 SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A PRESCRIPTION DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE PRESCRIPTION DRUG IN PARENTHESES.
H. 4382 -- Rep. J. Bailey: A BILL TO AMEND SECTION 38-73-1425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE CONCERNING THE SAFE DRIVER DISCOUNT AND PROVIDE THAT THE ESTABLISHING OF A RATE FOR ALL BUSINESS CEDED TO THE FACILITY MUST BE PHASED IN OVER A TWO-YEAR PERIOD IN A PARTICULAR MANNER.
H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.
H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.
H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.
H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.
H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.
H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
H. 4560 -- Reps. Hodges and J. Wilder: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT CONFINEMENT IN ANY PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME.
H. 4662 -- Rep. Hodges: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
The following Bill was taken up.
H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.
The Bill was read the second time and ordered to third reading by a division vote of 4 to 1.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4952 -- Reps. R. Smith, Rudnick, Stone, Huff and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE FIVE SCHOOL DAYS MISSED BY THE STUDENTS OF L-B-C MIDDLE SCHOOL IN AIKEN COUNTY DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO FIRE 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. 4347 -- Reps. Neilson, Corning and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.
The following Bill was taken up.
Rep. BOAN proposed the following Amendment No. 384 (Doc Name L:\h-wm\legis\amend\TMR.095), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3B, Page 9, Line 2, opposite /Unclass Leg Misc/ by increasing columns (5) and (6) by /$50,000/
Amend further, line 3, by increasing the FTE under columns (5) and (6) by /(2.00)/
Amend further, by inserting after line 6, a new item /strategic planning/ and by inserting in columns (5) and (6) /$125,000/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 385 (Doc Name L:\h-wm\legis\amend\DH.SLE), which was adopted.
Amend the bill, as and if amended, Part 1A, Section 6B, SLED, page 0033, line 35, opposite /Other Operating Expenses/ by increasing the amount in column (5) by /600,000/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 387 (Doc Name L:\h-wm\legis\amend\DC.095), which was adopted.
Amend the bill, as and if amended, Part IA, Section 49, PRT, Page 0404, Line 18, opposite /other operating expenses/ by increasing the amounts in columns (5) and (6) by /$50,000/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 388 (Doc Name L:\h-wm\legis\amend\DH.096), which was adopted.
Amend the bill, as and if amended, Part IB, Section 41, Department of Corrections, Page 584, by adding an appropriately numbered paragraph to read: /Of funds authorized in this section for housing, care and security, $200,000 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 389 (Doc Name L:\h-wm\legis\amend\DM.021), which was adopted.
Amend the bill, as and if amended, Part IB, Section 66, Employment Security Commission, Page 593, by adding an appropriately numbered paragraph to read: /When out-of-state, Employment Security Commissioners are allowed $50.00 per diem or actual expenses/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 391 (Doc Name L:\council\legis\amend\DKA\3336HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION EQUAL TO FOUR THOUSAND DOLLARS OF FAIR MARKET VALUE OF ALL OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY INCREASE THE EXEMPTION AMOUNT IN FUTURE YEARS BUT THAT ANY INCREASE IS CONDITIONAL ON FULL FUNDING OF THE EDUCATION FINANCE ACT AND ON THE APPROPRIATION OF SUFFICIENT REIMBURSEMENT FUNDS, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY.
Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-257. (A) In addition to any other homestead exemption allowed by law and beginning with taxes due for property tax year 1994, an amount of fair market value equal to four thousand dollars of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all school taxes except school taxes levied for:
(1) debt service; and
(2) payments for lease-purchases of school facilities.
(B) (1) The exemption allowed by this section is an initial exemption amount which may be increased by the General Assembly for property tax years beginning after 1994, but any such future increase is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly for the fiscal year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption for that fiscal year.
(2) From the general fund of the State and regardless of the amount appropriated for the reimbursement, the Comptroller General shall pay to the county treasurer of each county for the account of each school district in the county a sum equal to the taxes not collected for the school district because of the exemption provided in this section. The county treasurer shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days, an accounting or statement as prescribed by the Comptroller General that reflects the amount of school district taxes not collected because of the exemption. Funds paid by the Comptroller General as the result of an erroneous or improper application must be returned to the Comptroller General for deposit to the credit of the general fund of the State. The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions of this section.
(C) Notwithstanding any other provision of law, the fair market value of a homestead exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 392 (Doc Name L:\h-wm\legis\amend\DH.100), which was adopted.
Amend the bill, as and if amended, Part IA, After Section 4A, Page 30, Beginning on line 1, by adding a new section to read:
/I. Administration
Personal Service
Director 45,900 45,900
(1.00) (1.00)
Unclassified Positions 19,000 19,000
(1.00) (1.00)
Other Personal Service 198 198
Total Personal Service 65,098 65,098
(2.00) (2.00)
Other Operating Expenses 2,541 2,541
Total Administration 67,639 67,639
II. Employee Benefits
C. Employer Contributions
Employer Contributions 15,361 15,361
Total Fringe Benefits 15,361 15,361
Total Sentencing Guideline
Commission 83,000 83,000
(2.00) (2.00)/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 393 (Doc Name L:\h-wm\legis\amend\DC.096), which was adopted.
Amend the bill, as and if amended, Part IA, Section 30, DHEC, Page 0296, Line 26, opposite /Case Services/ by increasing the amounts in columns (5) and (6) by /$975,000/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent the Senate.
Rep. HARRELL moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to by a division vote of 25 to 18.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. HODGES having the floor.
S. 10 -- Senators Martin and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.
Rep. HODGES explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Rep. HARRELL withdrew his amendment.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4197 -- Rep. McElveen: A BILL TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY FOR PARTY PRIMARY ELECTIONS AND A PLEDGE TO ABIDE BY THE RESULTS OF THE PRIMARY ELECTIONS, SO AS TO PROVIDE THAT THE PERSON WHO IS DEFEATED AS A CANDIDATE FOR NOMINATION TO AN OFFICE IN A PARTY'S PRIMARY IS THEREAFTER INELIGIBLE TO RECEIVE VOTES FOR THAT OFFICE WHETHER WRITE-IN OR OTHERWISE, IN THE ENSUING GENERAL ELECTION, UNLESS THE PARTY'S NOMINEE FOR SUCH OFFICE HAS BECOME DECEASED OR IS OTHERWISE DISQUALIFIED FOR ELECTION IN THAT GENERAL ELECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20388SD.94).
Amend the bill, as and if amended, by striking Section 7-11-210 of the 1976 Code, as contained in SECTION 1 and inserting:
/ "Section 7-11-210. Every candidate for selection as a nominee of any political party for any State office, United States Senator, member of Congress or solicitor, to be voted for in any 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 I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for any such office has become deceased or otherwise disqualified for election in the ensuing General Election.'
Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the 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 a like notice and pledge.
The notice of candidacy required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and such signature of the candidate must be signed in the presence of the county chairman or such other officer as may be named by the county committee with whom such candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in behalf of a candidate shall not be valid.
In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the that party which held such primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the that party which held such primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining such person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of such facts to issue such order. Any candidate for that office in the ensuing general election also is authorized to institute an action authorized by this paragraph to enjoin that person's offering or campaigning in the general election.
Any person who is defeated as a candidate for nomination to an office in a party's primary is thereafter ineligible to receive votes for that office whether write-in or otherwise, in the ensuing general election, unless the party's nominee for such office has become deceased or is otherwise disqualified for election in that General Election."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES 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. HODGES having the floor.
Rep. RICHARDSON asked unanimous consent to recall H. 4864 from the Committee on Education and Public Works.
Rep. BEATTY objected.
On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate amendments to the following Bill were taken up for consideration.
H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.
Rep. KENNEDY moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3845 -- Reps. Phillips, Fulmer and Wright: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following House Resolution was taken up.
H. 4868 -- Reps. Snow, M.O. Alexander, Allison, Anderson, J. Bailey, Baker, Barber, Baxley, Breeland, J. Brown, Byrd, Carnell, Chamblee, Clyborne, Cobb-Hunter, Corning, Cromer, Delleney, Elliott, Fair, Fulmer, Gamble, Govan, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Hines, Hodges, Holt, Huff, Inabinett, Jaskwhich, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Law, Littlejohn, Martin, Mattos, McCraw, McElveen, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, J. Wilder, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A HOUSE RESOLUTION TO REQUEST THE ATTORNEY GENERAL AND THE STATE CONSUMER ADVOCATE TO INVESTIGATE WHETHER OR NOT CERTAIN COMPANIES OR ENTITIES OFFERING RESIDENTS OF THIS STATE THROUGH THE MAIL THE OPPORTUNITY TO WIN CASH OR PRIZES THROUGH A SWEEPSTAKES OR SIMILAR TYPES OF CONTEST ARE VIOLATING ANY PROVISION OF STATE OR FEDERAL LAW.
Whereas, it has come to the attention of the members of the House of Representatives that certain out-of-state entities operating under a variety of names are offering residents of this State through the mail the opportunity to win cash or prizes through sweepstakes or similar types of contests; and
Whereas, a close reading of the information sent to residents of this State indicates that the chances of winning an award of any value is close to infinitesimal, and that in some cases the payment of a fee is required to enter the contest; and
Whereas, the names of entities engaging in such activities have been furnished to appropriate standing committees of the House; and
Whereas, the members of the House of Representatives, by this resolution, hereby request the Attorney General of this State and the State Consumer Advocate to investigate these entities to determine if any provision of state or federal law has been violated. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby request the Attorney General and the State Consumer Advocate to investigate whether or not certain companies or entities offering residents of this State through the mail the opportunity to win cash or prizes through a sweepstakes or other types of contest are violating any provision of state or federal law.
Be it further resolved that a copy of this resolution be forwarded to the Attorney General of this State and to the State Consumer Advocate.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
H. 4757 -- Rep. Fulmer: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
Whereas, all thirty-three amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and
Whereas, more than four hundred petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and
Whereas, there should be a proper balance of national and state power in a federal system. The present mechanism for the states to initiate a constitutional convention has proved to be unworkable, and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and
Whereas, an Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of the Council of State Governments, an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and
Whereas, the main thrust of the Task Force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both Houses within two years of the states' submission of the amendments; and
Whereas, this proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina memorialize the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which provides that whenever three-fourths of the legislatures of the several states consider it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the House of representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period.
Be it further resolved, that copies of this resolution be sent to the President of the Senate and the Speaker of the House of Representatives of the United States, to each of the Senators and members of the House of Representatives from South Carolina.
Rep. FULMER explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate by a division vote of 31 to 9.
The following Concurrent Resolution was taken up.
H. 4784 -- Reps. Wright, Harrelson, Wells, Keegan, Phillips, Kelley, Huff, Corning, Robinson, Stone, Worley, Littlejohn, Fair, Chamblee, Gamble, J. Brown, Lanford, Marchbanks, Graham, Cooper, Houck, G. Brown, G. Bailey, Meacham, Simrill, Hutson, Neilson, Farr, Sharpe, Shissias, A. Young, Law, Hallman, Stuart, Byrd, Baxley, Jaskwhich, Allison, Kinon, Haskins, Walker, McCraw, Vaughn and R. Smith: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION PROVIDING THAT ANY FUNDS CUT FROM A FEDERAL PROGRAM BY THE UNITED STATES CONGRESS MUST BE USED TO REDUCE THE FEDERAL DEFICIT AND MUST NOT BE SHIFTED TO ANY OTHER SPENDING PROGRAMS.
Whereas, the members of the General Assembly note that legislation pending in the United States House of Representatives and the United States Senate, introduced respectively by Representative Michael Crapo of Idaho and Senator Paul Coverdell of Georgia, would provide that any funds cut from a government program by actions of the United States Congress must be used to reduce the federal budget deficit and must not be used for any other federal spending programs; and
Whereas, this legislation could serve a useful purpose in the ongoing battle to bring federal spending under control; and
Whereas, this legislation has the support of groups representing hundreds of thousands of Americans, including Citizens Against Government Waste, Americans for Tax Reform, Citizens for a Sound Economy, National Taxpayers Union, and United We Stand America; and
Whereas, the members of the General Assembly of South Carolina who are compelled by the State Constitution and laws to operate within a system that requires balanced state budgets, believe that the legislation pending in the United States House of Representatives and United States Senate on this subject would be a useful, albeit small, step in the continuing battle to restrain the growth of federal deficit spending. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina, by this resolution, memorializes Congress to enact legislation providing that any funds cut from a federal program by the United States Congress must be used to reduce the federal deficit and must not be shifted to any other spending programs.
Be it further resolved that copies of this resolution be forwarded to each member of the United States House of Representatives and United States Senate from South Carolina.
The Concurrent Resolution was adopted and ordered sent to the Senate by a division vote of 37 to 15.
The following Concurrent Resolution was taken up.
S. 1015 -- Senators Leventis, Drummond, Land, Bryan, Giese, Rose, Lander, Martin, Ryberg and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES CONGRESS INCLUDE ITS MEMBERS AND EMPLOYEES IN ANY NATIONAL HEALTH CARE LEGISLATION IT ADOPTS IN 1994 OR THEREAFTER.
Whereas, the issue of health care reform has received much discussion in the government policy-making arena, as well as in the national media; and
Whereas, President Bill Clinton has developed a comprehensive legislative proposal, the American Health Security Act, that he is seeking to get the United States Congress to enact, which would implement a national health care system; and
Whereas, it is imminent that some form of comprehensive health care legislation will be enacted by Congress in 1994 or thereafter, even if it is not President Clinton's American Health Security Act; and
Whereas, any such comprehensive legislation will have substantial economic impact on Americans at all levels, especially on small, private businesses; and
Whereas, such legislation also will likely place significant regulatory and administrative responsibilities and burdens on state and local governmental bodies and agencies; and
Whereas, the United States Congress has a history of exempting its members and employees from comprehensive legislation that has substantial impact on the rest of the nation; and
Whereas, the members and employees of either one or both houses of the United States Congress are exempted in whole or in part from the Americans with Disabilities Act, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, the Fair Labor Standards Act, the Freedom of Information Act, the National Labor Relations Act, and the Occupational Safety and Health Act, in addition to other enactments; and
Whereas, it does not seem fair, nor does it make sound government policy, for Congress to continuously exempt its members and employees from legislative initiatives that have such substantial impact on the rest of the nation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina respectfully memorializes the United States Congress to include its members and employees in whatever national health care program that it passes in 1994 or thereafter.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each of the eight members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.
Whereas, the members of the General Assembly note that textile manufacturing and related businesses play a major role in the economy of the United States and a crucial part in the South Carolina economy; and
Whereas, recent years have seen a sharp decline in textile jobs in this State, resulting in higher unemployment and vast economic losses to many small and medium-sized communities where textile manufacturing and processing was the major employer; and
Whereas, American textile manufacturing has become a modern and efficient enterprise providing goods that set the world standard for quality and innovation and which at the same time has afforded a good livelihood for our fellow citizens, allowing them to support their families through the dignity of hard work; and
Whereas, it is imperative for the President of the United States and the Congress of the United States to ensure that foreign competition to our textile industry is required to compete fairly and on a level playing field; and
Whereas, these aims should be the watchword of the Special Trade Representative in all bilateral and multilateral trade negotiations; and
Whereas, in enacting implementing legislation and ratifying treaties, these aims should be foremost in the minds of members of the United States House of Representatives and United States Senate. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, memorialize the President of the United States and the Congress of the United States to take urgent and firm action to ensure the health of the American textile industry.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Special Trade Representative, and the members of the United States Congress representing South Carolina.
Rep. DAVENPORT demanded the yeas and nays on the adoption of the Resolution, which 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. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Fair Farr Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer 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 Sturkie Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4827 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Waldrop, Boan and Hodges: A CONCURRENT RESOLUTION ENDORSING THE PETITION REQUESTING AN ADMINISTRATIVE WAIVER REGULATION FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ALLOW STATES TO DEVIATE FROM AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM REGULATIONS FOR THE PURPOSE OF MAKING PROGRAM ADMINISTRATION MORE EFFICIENT AND EFFECTIVE.
Whereas, currently application and eligibility requirements differ substantially among the Aid to Families with Dependent Children (AFDC), food stamp, and Medicaid programs; and
Whereas, a recent congressional task force on welfare simplification and coordination identified fifty-seven policy differences between the AFDC and food stamp programs; and
Whereas, such differences make the application process confusing and more difficult for clients and the administration of these programs more prone to error; and
Whereas, at present the South Carolina Department of Social Services and other state social service agencies are petitioning the Department of Health and Human Services for an administrative waiver regulation for the AFDC program; and
Whereas, such a waiver would allow states to request and the Secretary of the Department of Health and Human Services to grant deviations from AFDC program regulations for the purpose of making program administration more effective and efficient; and
Whereas, with administrative waiver ability the Department of Social Services could make asset requirements and application procedures and requirements uniform for AFDC and food stamps; and
Whereas, the ability to bring more uniformity into these programs will aid clients in accessing these services, will make the administration of these programs more streamlined, and will reduce the possibility of sanctions incurred for program errors. 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, endorses the petition for an administrative waiver regulation from the Department of Health and Human Services to allow states to deviate from AFDC program regulations for the purpose of making program administration more efficient and effective.
Be it further resolved that a copy of this resolution be forwarded to Donna Shalala, Secretary of the Department of Health and Human Services, Washington, D.C.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.
Referred to Committee on Ways and Means.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HODGES having the floor.
H. 4197 -- Rep. McElveen: A BILL TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY FOR PARTY PRIMARY ELECTIONS AND A PLEDGE TO ABIDE BY THE RESULTS OF THE PRIMARY ELECTIONS, SO AS TO PROVIDE THAT THE PERSON WHO IS DEFEATED AS A CANDIDATE FOR NOMINATION TO AN OFFICE IN A PARTY'S PRIMARY IS THEREAFTER INELIGIBLE TO RECEIVE VOTES FOR THAT OFFICE WHETHER WRITE-IN OR OTHERWISE, IN THE ENSUING GENERAL ELECTION, UNLESS THE PARTY'S NOMINEE FOR SUCH OFFICE HAS BECOME DECEASED OR IS OTHERWISE DISQUALIFIED FOR ELECTION IN THAT GENERAL ELECTION.
Debate was resumed on Amendment No. 1 by the Committee on Judiciary.
Rep. HODGES continued speaking.
The amendment was then adopted.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4511 -- Reps. Snow and D. Smith: A BILL TO PROVIDE THAT AN ASSIGNMENT OF A MORTGAGE GIVEN TO A FARM CREDIT SYSTEM INSTITUTION NEED NOT BE RECORDED IN ORDER TO PERFECT THE ASSIGNMENT IF THE UNDERLYING NOTE HAS BEEN ASSIGNED OR TRANSFERRED ACCORDING TO STATE LAW AND IS IN THE POSSESSION OF THE ASSIGNEE, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN COLLATERAL ASSIGNMENTS OF NOTES AND MORTGAGES ARE VALID, ENFORCEABLE, AND PERFECTED.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10936JM.94), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 2, by striking subsection (C) and inserting:
/(C) The execution of a written document containing an assignment of note is valid and enforceable from the time of execution to pass the interest granted, pledged, assigned, or transferred in the note and the mortgage securing the note as against the assignor, and the transfer is perfected from the time of execution against subsequent assignees, lien creditors, and purchasers for valuable consideration from the assignor; provided, however, that service of process on a Farm Credit System institution that is a mortgagee of record in any foreclosure action, or other action affecting title to the underlying real estate collateral, must be deemed sufficient service to any Farm Credit System institution that is assignee of such mortgage and underlying note as provided herein./
Amend further, page 2, by adding at line 42 a subsection (F), as follows:
/(F) For documents executed on or after the effective date of this section, the provisions of this section providing that the assignment of mortgages need not be recorded must be reflected in the mortgage in bold print./
Amend title to conform.
Rep. D. SMITH 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. 4593 -- Reps. A. Young, Baxley, Wofford, Sharpe, Robinson, Sturkie, Kelley, Cobb-Hunter, G. Bailey, Vaughn, Witherspoon, Stuart, Davenport, Riser, Law, Meacham, Koon and Thomas: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, SO AS TO PROVIDE A PROCEDURE FOR COMBINING COUNTY BOARDS OF VOTER REGISTRATION AND COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE APPOINTMENT OF THE COMMISSION MEMBERS, ESTABLISH REQUIREMENTS FOR MEMBERS, AND PROVIDE FOR REASONS FOR REMOVAL OF MEMBERS BY THE GOVERNOR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30198DW.94).
Amend the bill, as and if amended, page 1, Section 7-13-230(A) as contained in SECTION 1, line 41, by inserting after /Governor/ /upon the recommendation of a majority of the legislative delegation of the county/. When amended Section 7-13-230(A) shall read:
/(A) Upon a resolution, adopted by a majority of the governing body of a county, a commission may be created composed of five, seven, or nine members. The members of the commission must be appointed by the Governor upon the recommendation of a majority of the legislative delegation of the county./
Amend title to conform.
Rep. HODGES explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 4186 -- Reps. Corning, Sturkie, Sheheen, Shissias, Wright, Waites and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-355 SO AS TO PROVIDE THAT MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION ARE NOT REQUIRED TO WRITE PROPERTY INSURANCE TO COVER CERTAIN STRUCTURES SEAWARD OF THE SETBACK LINE ESTABLISHED BY THE COASTAL COUNCIL AND DEFINE TERMS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7618BDW.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, beginning on line 34, and inserting:
/SECTION 2. This act takes effect upon approval by the Governor and applies to habitable structures constructed or rebuilt, as defined in Section 38-75-355 of the 1976 Code, after June 30, 1994./
Amend title to conform.
Rep. CORNING 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. 4492 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-13-400, 38-13-410, AND 38-13-420 SO AS TO REQUIRE EVERY INSURER DOMICILED IN SOUTH CAROLINA TO FILE A REPORT WITH THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ENACT RELATED AND INCIDENTAL PROVISIONS OF LAW, INCLUDING FURTHER EXCEPTIONS TO REPORTING; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-5-180 SO AS TO PROVIDE THAT NO INSURER MAY OPERATE FROM A LOCATION WITHIN SOUTH CAROLINA UNLESS IT IS LICENSED AS AN INSURER UNDER SECTION 38-5-10, PERMITTED TO OPERATE AS AN APPROVED REINSURER UNDER SECTION 38-5-60, OR QUALIFIED TO OPERATE AS AN ELIGIBLE SURPLUS LINES INSURER UNDER SECTION 38-45-90.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10924JM.94), which was adopted.
Amend the bill, as and if amended, by striking subsection (A) of Section 38-13-410, as contained in SECTION 1, lines 25 through 34 on page 2, and inserting:
/Section 38-13-410. (A) No acquisitions or dispositions of assets need be reported pursuant to Section 38-13-400 if the acquisitions or dispositions are not material. For purposes of this section and Sections 38-13-400 and 38-13-420, a material acquisition (or the aggregate of any series of related acquisitions during any thirty-day period) or disposition (or the aggregate of any series of related dispositions during any thirty-day period) is one that is nonrecurring and not in the ordinary course of business and involves more than five percent of the reporting insurer's total admitted assets as reported in its most recent annual statement filed with the insurance department of the insurer's state of domicile./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST.
Rep. J. BAILEY explained the Bill.
H. 4496 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT, WITH RESPECT TO THE POWER TO SUE OR BE SUED, ANY ACTION BROUGHT DIRECTLY AGAINST THE ASSOCIATION MUST BE BROUGHT AGAINST THE ASSOCIATION IN THE STATE OF SOUTH CAROLINA AS A CONDITION PRECEDENT TO RECOVERY DIRECTLY AGAINST THE ASSOCIATION.
H. 4498 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF CHAPTER 31 OF TITLE 38 DEALING WITH THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO DEFINE "OCEAN MARINE INSURANCE" (AN AREA TO WHICH THE CHAPTER DOES NOT APPLY).
Rep. J. BAILEY explained the Bill.
The following was received.
Columbia, S.C., March 23, 1994
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HASKINS the invitation was accepted.
The following Bill was taken up.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20370SD.94), which was adopted.
Amend the bill, as and if amended, in Item (13) of Section 34-24-20 of the 1976 Code as contained in SECTION 1, by striking /Texas,/ on line 30, page 3. When amended Item (13) shall read:
/ (12)(13) 'Southern Region states' means the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia, and the District of Columbia./
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
Rep. R. YOUNG proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20410SD.94).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION ___ If the provisions of this act in the opinion of the State Board of Financial Institutions after a period of five years from its effective date result in or cause the aggregate net loss of any South Carolina jobs in banks or bank holding companies to which the provisions of this act apply, the provisions of this act are repealed and those provisions of law amended by this act are reenacted in the manner they read before this act took effect. The State Board of Financial Institutions shall certify to the Governor and the General Assembly five years after the effective date of this act whether or not in its opinion the act results in the net loss of South Carolina jobs as above provided. However, the General Assembly by a two-thirds vote of both houses in a bill or joint resolution may override the provisions of this section and provide that the provisions of this act shall remain in full force and effect./
Renumber sections to conform.
Amend title to conform.
Rep. R. YOUNG explained the amendment.
Further proceedings were interrupted by the House standing at ease until the Joint Assembly, the pending question being the consideration of Amendment No. 2, Rep. R. YOUNG having the floor.
The House stood at ease subject to the call of Chair.
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 4933 -- Reps. Jaskwhich, Kelley, Stuart, Harrison, Haskins, McMahand, Mattos, Phillips, Farr, Vaughn, Allison, Clyborne, Cato, M.O. Alexander, Askins, Kennedy, Fair, Baker, Huff and D. Wilder: A CONCURRENT RESOLUTION INVITING MS. DODIE BURNS MAGILL OF GREENVILLE COUNTY, SOUTH CAROLINA'S TEACHER OF THE YEAR, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY ON WEDNESDAY, MARCH 23, 1994, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.
Ms. Dodie Burns Magill and distinguished party were escorted to the rostrum by Senators Setzler, Reese, Stilwell and Ford and Reps. JASKWHICH, McMAHAND, STUART and CATO.
Lt. Governor Theodore introduced Ms. Magill as follows:
"Today is a special day for the State of South Carolina and this Joint Session of the General Assembly... As you see on the screen, Happy 25th Birthday to Public Kindergarten. We celebrate the past and the future today. In looking back over 25 years of public kindergarten in South Carolina, we can see that more children are better prepared for first grade with the skills and of course, with adequate funding and kindergarten staff throughout our State. As many of you, I have long time been a supporter of the public kindergarten system from the time that I served on the Study Committee that first organized the pilot program for kindergarten in South Carolina. Today, we recognize an individual, the South Carolina Teacher of the Year, who has devoted so much of her teaching career to the kindergarten system of South Carolina. Dodie Magill is a kindergarten teacher at Pelham Road Elementary School where she has been teaching in Greenville for the past 20 years. During her tenure, as our teacher of the year, Dodie has plowed new grounds in education throughout South Carolina and in this nation of ours. She has been an advocate for improving early childhood education and has devoted so much of her time this year as Teacher of the Year to make the entire public of South Carolina and America aware of the extreme needs, the critical needs of kindergarten education. Goal 2000 says every teacher matters. Dodie Magill personifies that statement. Her activities as an outstanding professional in education today certainly indicate to all of us that she touches the future because she is teaching and she is our South Carolina Teacher of the Year, Dodie Magill."
Ms. Dodie Burns Magill, the South Carolina Teacher of the Year, addressed the Joint Assembly as follows:
"Thank you very much... Lt. Governor Theodore, Speaker Sheheen, honorable members of the General Assembly, ladies and gentlemen... I am a teacher like each of the other 42,000 teachers in South Carolina, I give children opportunities to touch, and taste and think and feel. I dry tears and put band-aids on scrapped knees. I motivate. I inspire. I direct. I nurture. I open doors of knowledge. I teach. The teachers of today confront all of the challenging complexities of our world in the students we teach. Hunger, poverty, addiction and abuse, dysfunctional families, violence and perhaps worst of all, indifference. We are struggling to adapt our teaching skills to meet these increasingly complicated needs. We must wear many, many hats. As a teacher, it is my job to keep my students on the right track. I am a motivator as well as a facilitator for their learning, as I know that every child can learn, although, I may need to light a fire under some of them. Often, being a teacher means exploring new ideas and trying new techniques as I strive to find the best method to reach each of my students. As a teacher, I must put out my feelers to be sensitive to the feelings of my students as I help them understand their own feelings and the feelings of others. A teacher is expected to understand whatever ails you and to keep a good sense of humor at all times, even when stuff comes down when you least expect it. As a teacher, I am in the business of building the future, although sometimes, I might feel like I deserve combat pay. I have found that being a teacher is definitely living life in the fast lane, but perhaps above all, I know as a teacher I must always be prepared, ready, willing and able to meet the challenges that teaching brings. Teachers today are expected to wear all of these hats. Sometimes we switch hats so quickly and so smoothly that we don't really realize that it has happened. And other times, we are juggling many hats at once as we try to fill all of the roles that are needed. And sometimes, we squeeze ourselves into a hat and even though it may not be just the right fit. Why are we so willing to assume all of these roles and wear all of these hats when we thought the role of a teacher was to teach? The answer to that question is a simple one. In this fast changing world, we have become the solution to the problems of society. Whether or not we want to be the solution is not a choice for us. The grim reality is that schools have been and probably always will be the institution which shapes the future of our country. Nowhere is this shaping more crucial than in the first years of schooling. Neuro-biological research overwhelmingly agrees that the learning and stimulation that the child receives from birth through the early years makes permanent changes in innate structures and functioning of the brain that are linked to intelligence. Research shows that 50 percent of a child's intelligence is determined by the age of 5. 80 percent of a child's intelligence is determined by the age of 8. If we are to produce the leaders of tomorrow, the scientists, the inventors, the critical thinkers, then we must focus our efforts on these early years. We must not wait until a child's pattern for school failure has been established before intervening. For those children, we will be too late. Many children are coming to school today and they face obstacles that you and I might find insurmountable. Some come to school with no breakfast or no one home to tell them to have a good day or to remind them to take their lunch. Others have hearing or speech or other physical handicaps. Some bear emotional scars that we can't see. Still others are trying to overcome circumstances that occurred even before they were born. 12 percent of all babies in South Carolina are born to unwed teens under the age of 18. For over half of these pregnant teens, it is their second pregnancy. 1 out of every 4 babies born in South Carolina has been prenatally exposed to drug or alcohol abuse during the last week before birth. 27 percent of all children in South Carolina who are less than six years of age live below the poverty level. 1 out of every 4 children do not get enough to eat. South Carolina ranks as the fifth worst state for hunger among families with children under 12. And 66.5 percent of South Carolina mothers with children under the age of 6 are in the labor force. The hope for the future of South Carolina lies in education. And the best chance for success in school depends on successful early school experiences. South Carolina took a giant step forward toward early school success in 1968, when the General Assembly created half-day kindergarten classes for five year-olds. During these early years, the kindergarten program began to grow. In 1972, South Carolina Governor John West emphasized his commitment to the kindergarten program when he announced, quote,'It is time the State stop looking at kindergarten as something to be added to the general education offerings. The state's first goal must be a statewide kindergarten program for five year olds.' In fact he emphasized his commitment to early childhood education by giving his $10,000 salary increase to the kindergarten program. In 1984, as a part of the Education Improvement Act, kindergarten became mandatory for five year olds. During this time, South Carolina introduced a child development program to reach a limited number of four year olds who were in greatest need of academic assistance. In 1993, Act 135 was passed, to place emphasis on early intervention rather than later remediation. Act 135 is the most significant legislation passed since the 1960's to assist the efforts of educational improvements in the early years. As we look back over the past 25 years, we realize that the role of teachers had changed drastically and so have the needs of our children and their families. Yet our schools have not kept up with those needs. We are trying to meet the needs of the 1990's with the educational framework of the 1960's. We have set an important goal for ourselves, both nationally and in our State of South Carolina. In fact, our first state and national education goal is by the year 2000, all children will enter school ready to learn. Many of us already realize that we have not come close to achieving this goal. At least, not if we try to meet the needs of today's child by using yesterday's standards. But, there is much we can do to reach this goal. Children who will enter our schools in the year 2000 will be born during this next school year. If we begin the steps now to have our schools ready by the time they enter, we can come closer to reaching this important goal. It is not too late, but we must act now. One major step we must take is at the five year old kindergarten year, the year that has the greatest impact on first grade readiness. We must restructure the present five year old program to enable our children to be successful. We must begin by allowing them time, time to think and explore and question and create. Time to learn without the hurry up rush of a half day program format. I hasten to add that in kindergarten a half day is not half of a day. Half day in kindergarten is two hours and 45 minutes. And as I have discovered from traveling throughout South Carolina this year, the instructional time is far less than two hours and 45 minutes in many kindergartens. To illustrate this point, I would like to share an experience with you which happened during one of my visits to the lower part of the State. I was in a very rural mostly poor socioeconomic area of the State presenting a workshop to kindergarten teachers. After the meeting, one of the teachers came up to me and said, 'Dodie, I agree with what you said about making optimal use of every minute in kindergarten since we have our students for such a short time, but I have a problem, I have to stop my morning session at 10:00 and I can't even go on until 10:45 so that I can go down the hall to the lunch room to give them lunch because I know if I don't, they will have nothing to eat until they come back to me tomorrow. I can't put them on the bus knowing that.' Well, I can't put them on the bus knowing that either. And if the choice is between feeding their tummies and feeding their brains, then we all know which choice we would have to make. But, we shouldn't have to make that choice. Don't the five year olds in our State deserve the same quality and advantage afforded to our first through twelfth graders? I think so. Young children also need the support, guidance and individual attention of their teachers. With our present load of 30 students per session, the opportunities to have significant one on one interaction with children is minimal. The sad, but realistic truth is that many children leave our classroom each day without being spoken to individually or having a one on one conversation with their teacher. When we implemented the four year old program for our children, we made provisions for student teacher interaction by maintaining a small class size. The student teacher ratio in the four year old program is 20 to 1 and we have a built in parent education component that allows teachers time to make home visits and help parents become partners in the education process. The student teacher ratio in the four year old program is 20 to 1 and in first grade it is 22 to 1, but in five year old kindergarten it is 30 to 1. That does not make good sense. The National Association for the Education of Young Children recommends a class size of no more than 20 with a teacher and teacher assistant. Given the needs of our students and the present capabilities of our schools, are you surprised when I tell you that 27 percent of our children entering first grade test not ready for first grade. Few people today doubt the benefits of a developmentally appropriate full day kindergarten with a low student teacher ratio. Rather the major consideration we face is the issue of cost. In considering the implementation of full day kindergarten, we must ask, who will pay for the added cost for personnel, transportation, and building facilities? In a study conducted by the Illinois Department of Education, transportation costs are actually reduced in full day programs since bus schedules become consistent with the other full day school schedule. Initially, there will be cost increases as we allocate classroom space and teaching staff. However, over time we save money by reducing retention rates and special education placements. Research indicates that full day kindergarten programs produce substantial long term economic benefits. For every dollar spent in early childhood education, we save later $4.65 in remedial and special education efforts. Not only to full day kindergartners have a lower rate of retentioning grade, but also full day kindergarten children have consistently better academic and behavioral performance records. Prevention is more effective and ultimately less expensive than remediation. All of South Carolina's children deserve a quality education and that begins with positive early school experiences. Please join me as we take a look at the leaders and future leaders of South Carolina. Thank you. Today, we will celebrate public kindergarten's 25th birthday with a party at 1:00 here at the State House. As legislators, not only are you invited but also you should have received along with your invitation a copy of this book, My Kindergarten Story, which we hope you will enjoy reading. Local schools all over our State will also be celebrating kindergarten's birthday by hosting local celebrations and teachers would love for you to come and bring your story books to read to the children. Together, we can make a difference in education. Together, we will make a difference in the lives of all of our children. Thank you very much."
Upon the conclusion of her address, the Teacher of the Year and her escort party retired from the Chamber.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 4438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE BRUCE THIESEN, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 23, 1994.
The Honorable Bruce Thiesen and distinguished party were escorted to the rostrum by Senators Holland, Lander, Leventis and Patterson and Reps. PHILLIPS, WILLIAMS, CLYBORNE and ROGERS.
Lt. Governor Theodore recognized Rep. SPEARMAN who presented Mr. Bill J. Sams, retired Director of the Department of Veterans Affairs, with a resolution and made the following remarks:
"Thank you Mr. President, colleagues and our honored guests today... It is a real honor for me to speak before you and to have with me my colleagues, Representative Pat Harris, Representative Carnell, and we are also happy to have the Distinguished Legislator of the Year of the American Legion in South Carolina, from the House, who was honored last night, Representative Joe Wilder and from the Senate, Senator J. Verne Smith, who was designated as the Senator Legislator of the Year by the American Legion. It is a real honor that Representative Carnell asked me to speak today. I am not a veteran, but I am one who respects and admires the service that the veterans of America have given to our country. We have 43 veterans in the House and as a private citizen, I thank you for the service that you have given our country. But, today I rise to honor a very special veteran, who served in the Korean and Vietnam Wars. For 15 years, he has worked for the Department of Veterans Affairs and since 1988, has been the Director. He recently retired and we are very happy for him in his retirement and we are very proud of the services that he gave the State of South Carolina. During his term as Director of the Department of Veterans Affairs, many improvements were made in the department and many additional benefits were requested by him and encouraged by him and I know last year I had the privilege of working with Bill Sams as our Joint Assembly's approved a tremendous increase in the educational benefits for children of veterans who were 100 percent disabled and those who were killed in action. South Carolina is very proud of the veterans benefits that we have and the reason that we do is because of the wonderful work that Bill Sams has done. We have a resolution that we would like to present to him. If I may, I am going to read the last resolved clause, 'Whereas the members of the General Assembly by this resolution would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Be it resolved, that the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim.' Bill, we thank you, we congratulate you on your retirement and thank you for the veterans of South Carolina for the benefits that you have helped them receive and also for their children and dependents who will follow. Thank you and congratulations."
Lt. Governor Theodore introduced the National Commander as follows:
"Prior to introducing our distinguished National Commander, it would be appropriate at this time to recognize several individuals in our audience, the National President of the American Legion Auxiliary, Mrs. Helen Holcomb of Odessa, Texas, the State Commander of the American Legion, John Patterson, the Department President of South Carolina's American Legion Auxiliary, Mrs. Mary Murray of Columbia. I could not allow any Joint Session for the American Legion to expire without recognizing E. Roy Stone, who represents the American Legion in Vocational Rehabilitation so very strongly. A group seated in the balcony to whom we all feel very close and related to, individuals who have suffered the supreme sacrifice through their families, the Gold Star Mothers of South Carolina. Please stand and let us recognize you at this time. Thank you. Some of you have already been introduced to our National Commander by the raisin boxes on your desk. Of course, he hails from the state of California where he brought up raisins and I assume at one time they might have grapes, but anyway we are delighted to have our National Commander visit South Carolina and as you know, this is an annual event, one of the few traditions that we recognize each year in a Joint Session in respect to the American Legion and our National Commander. Bruce Thiesen, as I said earlier is a native of California and has three children. His service for our great country was in the infantry. He was first elected Post Commander in California at the local level at Kingsburg Post 191 and later he became the 14th District Commander in California. He was the first Vietnam era veteran to be elected to California State Commander. His national service of course, extends in many areas and to name a few, he was the National Executive for two years, Chairman of so many committees and commissions at the national level which perpetuated his particular ascensions into the National Commander of this great organization. He was elected National Commander in Pittsburgh, Pennsylvania, September, 1993. It is an extreme pleasure for me once again to introduce to you our National Commander of the American Legion, Mr. Bruce Thiesen."
Mr. Bruce Thiesen, the National Commander of the American Legion, addressed the Joint Assembly as follows:
"Thank you Lt. Governor Theodore... As he stated, I hope you enjoyed those raisins and it left an impression that sometime in the future when you hear the name Bruce Thiesen, you will remember the raisins. It is one of the products of Fresno County, California and most raisins are packed within a 25 mile radius of Kingsburg. Mr. Speaker Sheheen, distinguished members of the South Carolina legislature and ladies and gentlemen... Please accept my thanks for your kind invitation to speak to you today. The American Legion is very grateful that this body extends its gracious hospitality each year to us who have the honor to serve as National Commander. First off, permit me to introduce some members of the American Legion Family who have come with me and to recognize some members of your family. Please greet the leader of the world's largest and patriotic veterans organization, and the women who service us well, the President of the one million member American Legion Auxiliary, Mrs. Helen Holcomb of Odessa, Texas. She is from Odessa and it is flat out there. There are no trees there, but we are working on that. Let us recognize her once again. Also, please recognize again those mentioned earlier, the President of the Legion Auxiliary of South Carolina, Mrs. Mary Murray of Columbia and Pat Patterson. And speaking of patriotic women's organizations, I must not fail to recognize one of the foremost such groups who are represented here today. We have with us a delegation from the American Gold Star Mothers. Each of these dedicated and most patriotic women lost a son or daughter during military service, and yet continues to serve her country despite that great loss. Ladies, we are honored by your presence. Thank you once again. Allow me also the privilege of recognizing a distinguished member of your body, who is also a very active and rising member of the American Legion Auxiliary, your fellow State Representative, Molly Spearman of Saluda. It is good to see you and be a part of this. There is not a single member of the American Legion who does not know the next person I will introduce and I doubt there is a soul in the Chamber who does not recognize South Carolina's own, Mr. Legionnaire, our distinguished Past National Commander, Mr. E. Roy Stone. He is not only a true friend of veterans everywhere, but a man who is dedicated to his fellow citizens and his beloved State. Accompanying me in the official Legion party today are a few other South Carolinians and you probably know most of them. Let me recognize, Robert E. 'Jack' David of Camden, a past National Vice Commander of the Legion, whom you know as your State Director of Unemployment Commission. You may remember earlier that I used the term, the American Legion family. That's exactly what we are. A great big, united family, about 4.1 million members strong. We now number over 3.1 in the American Legion, almost 1 million in the American Legion Auxiliary, and nearly 160,000 in the Sons of the American Legion. And about 25,000 of those Legionnaires live right here in the state of South Carolina. They belong to more than 200 posts in cities and towns all over the State. These Legionnaires are among the nearly 382,000 living veterans who have honorably represented South Carolina in the service of their country and whose service you acknowledge and respect by the many fine benefits and facilities you provide to them. In particular, I congratulate your foresight in developing facilities such as the Federal-State nursing homes to care for the aging veteran. It is an important veterans issue which not only faces South Carolina, but all states. I would also commend you for your appointment of 'Stoney' Wages as your new State Director of Veterans Affairs. I am sure he will continue the fine work and example set by Bill Sams for so many years. Bill deserves a great big thank you from us veterans and from every citizen of South Carolina. Some of you distinguished legislators may not be aware of the fact that the American Legion is in the midst of celebrating its Diamond Jubilee Year. Yes, this great organization was founded 75 years ago in Paris, France by the brave veterans who had just fought the war to end all wars. Those doughboys who had already returned home, met in St. Louis several weeks later, and the American Legion was officially born. The new veterans who attended those two meetings were concerned about the future. What would happen to them when they got home? Would they be able to get jobs? Who would care for those who were wounded, or gassed? Who would take care of the widows and children of their buddies who would never return home? And what would happen to the country they had just fought and died for? Those concerns caused by the Founders to develop a set of principles by which this new veterans organization would be guided. After considerable debate, a small committee was appointed to draft a preamble, which would guide those who would write a constitution for this new American Legion. That Preamble, which is repeated by all who attend official Legion meetings to this day, has been changed only once. That was to make the word war plural, to reflect our involvement in the great wars, following the second World War. That is a testament to the judgement, inspiration and vision of the men who composed it. They spoke of lofty ideals and principles, not just for veterans but of the rights of all citizens, and the bedrock values upon which this nation was founded, and upon which it would and must survive. They pledged to uphold and defend the Constitution of the United States of America, to maintain law and order, to foster and perpetuate a one hundred percent Americanism, to inculcate a sense of individual obligation to the community, state and nation, to make right the master of might and to safeguard and transmit to posterity the principles of justice, freedom and democracy. So my friends, for the past 75 years, millions of Legionnaires, the Auxiliary, and the Sons of the American Legion, have lived by that creed. I would venture to say that the American Legion family is the largest single organization in this country that represents mainstream American values on a day to day, person to person basis. And I am sure that you, who choose to serve as elected representatives of the people you live and work with, share many of those same values. Many of the things the American Legion stands for and works for toward the good of our communities, state and nation are similar to the things you work hard to achieve to make life better for the people of South Carolina. So once again, permit me to tell you how glad I am to join with my fellow Legionnaires of the American Legion family of South Carolina in thanking you for your work, and your interest and relationship to us. There is another thing which I would venture to say that we share. And that is our mutual concern about what is happening today to those values I spoke about. The values of Legion Founders considered so basic and important that they declared them as the guiding principles of the organization. The values which we all believe are so vital to the well-being of our nation and to each and every one of us. What is happening to the values like human dignity, the sanctity of life, the respect due another person and his property, especially the respect due parents and those in authority. What has happened to morality? What has happened to patriotism and love of country? What has happened to us when crime has become the most important concern of Americans? When we don't even feel safe in our own neighborhoods and homes? When random, drive by shootings are reported on the newscasts in almost every town in America? When children are carrying guns to school? A recent opinion poll in Time Magazine listed crime and declining morals and values as the two top problems Americans are worried about. What is happening to our country? I believe, and I suspect all of you agree that this nation is suffering from a deficit of values. As former President Nixon said recently, 'we may have a budget deficit, but our real problem is a deficit of the spirit.' We now live in a country that has largely lost its sense of community and nationhood. Without a strong sense of community and common destiny, we as a society will never be able to solve the problems and social ills besetting us. Encouraging a strong sense of national unity might be the key, the important first step, toward a return to the values this nation was built upon. To do that, it is time to intensify a national campaign to restore respect for the symbols of our unity, our values and all that we believe this country stands for, and that includes the freedom from fear. And one of the most important symbols which deserves that respect, is the flag of the United States of America. How can we accept a Supreme Court decision that allows the American Flag to be set on fire, spit upon and trampled and consider that as a form of political expression protected by constitutional guarantees of free speech? Such acts are not speech, but are examples of violent, destructive and despicable conduct, which recognize no values or morals, and are incompatible with civilized society. That decision of the Supreme Court which de-emphasized the importance of the flag as symbolic to everything we hold dear, was just another part of the gradual undermining of the moral foundations and virtues of our society. I am convinced that the effects of that decision are clearly connected to declining values and morals in every segment of society and the result has been the rising use of drugs, increasing crime rates, total disregard for the lives of others, a general lack of individual responsibility, growing dishonesty in business and many other social ills we now endure. History has shown time and time again that symbolism and morale are vitally important in the rise and fall of nations. We need to put a stop to this decline in our national character and social well-being and we need to start right now. The American Legion is convinced that protecting the Flag of the United States from physical desecration is a good place to start. And because the Supreme Court answers only to the Constitution, and not to laws passed by Congress, we know that the only way to achieve flag protection is by means of a constitutional amendment. I'm talking about a narrowly drawn amendment which would allow the federal and state governments to enact laws to protect the flag from physical desecration. An amendment that sets aside a special place in the Constitution for the flag as a unique, living symbol of our national unity, of the sacrifices made to preserve the nation, and of all that this country has been and can be. Such an amendment would not change the First Amendment in any way. It would not tamper with the rights which the framers had in mind, when they themselves amended the document for the first of 26 times since. Four different Gallup Polls taken since that 1989 Supreme Court decision have shown that over 75 percent of those asked do not believe such an amendment would jeopardize their rights of free speech. Those polls, the most recent one in early January of this year, have consistently demonstrated that more than 75 percent of Americans think the Supreme Court decision was wrong, that flag burning is wrong and that they would vote for a constitutional amendment to protect it. The American Legion believes those Americans, that overwhelming majority of the people, should have that chance. For the past five years, the American Legion has been conducting a quiet revolution. Through our vast membership in every city and state across the nation, we have been working to convince our State Legislatures to enact what are called memorializing resolutions to Congress. This Body was among the first in the nation to join our quiet revolution. You passed such a memorializing resolution back in early 1991. I congratulate you and thank you for helping to get the ball rolling across the country and let me tell you, it certainly has been rolling. In fact, 39 states now have memorialized the United States Congress that it should listen to the voice of the people and send a flag protection amendment back to the states for ratification. I am sure you lawmakers know very well that it takes three-fourths of the states or 38, to ratify a constitutional amendment. Well, we have 39 and know that more are about to come on board. We think it is time for Congress to get the message, don't you? South Carolina is helping to make history, just as you have always done since the founding of this nation. You have joined us in this campaign to restore respect for the symbols of our national unity, and lead the way toward righting the wrongs that are threatening to tear the nation apart, and getting it back on course. It may seem that I have spent my whole time talking about our campaign to protect the flag, but really, I have been talking about protecting and preserving our country. The American Legion has stood strong for America for 75 years. We've been working not only for veterans benefits and health care, but for education and jobs for veterans. We've conducted worthwhile and character building programs for America's children and youth like Boys State and Boys Nation and Girls State and Girls Nation and American Legion baseball and given millions of dollars and volunteer hours to our communities. All of this has been for the betterment and preservation of the American way of life, and the future of this great nation. I know that you, who serve the people of South Carolina in elected public service, share those goals. The American Legion is always proud to work with you toward those goals, and for the community, state and nation. I just want to say thank you to each of you for all that you are doing for the veterans of South Carolina as well as the veterans of this nation, but mainly for the citizen of the great United States of America. Thank you all, God bless you and God bless America."
Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:05 P.M. the House resumed, the SPEAKER in the Chair.
Rep. P. HARRIS moved that the House stand at ease until the Ratification of Acts, and upon completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 2:00 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R336) H. 4499 -- Reps. Harwell, McLeod, G. Brown, McKay, Hines, Baxley, Neilson, Canty, Neal, Askins and Houck: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF SCENIC RIVERS, SO AS TO DESIGNATE A PORTION OF THE LYNCHES RIVER.
(R337) H. 3635 -- Rep. Stone: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
(R338) H. 4866 -- Rep. Spearman: AN ACT TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.
(R339) H. 4328 -- Reps. D. Wilder and Rudnick: AN ACT TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.
(R340) H. 4332 -- Reps. Sheheen, Rudnick and Stuart: AN ACT 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, TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED, AND TO PROVIDE THAT THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE ARE JOINTLY DESIGNATED AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
(R341) H. 3845 -- Reps. Phillips, Fulmer and Wright: AN ACT TO AMEND SECTION 56-3-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW FOR CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "FLEET".
(R342) H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: AN ACT TO PROVIDE THAT A MUNICIPALITY, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPALITY, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, HURRICANE, FLOOD, TORNADO, HAZARDOUS MATERIAL EVENT, OR OTHER DISASTER, AND TO PROVIDE FOR RELATED MATTERS.
The Senate returned to the House with concurrence the following:
H. 4946 -- Rep. Wright: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS OF IRMO HIGH SCHOOL ON WINNING THE CLASS AAAA BOYS STATE BASKETBALL CHAMPIONSHIP FOR 1994.
H. 4959 -- Reps. Snow, Wright, Witherspoon, Riser, Shissias, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, 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, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Wofford, Worley, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE COACH FRANK HOWARD ON HIS 85TH BIRTHDAY ON MARCH 25, 1994.
H. 4963 -- Reps. Cooper, Townsend, Chamblee, Stille, P. Harris and Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE WREN HIGH SCHOOL GOLDEN HURRICANES BOYS BASKETBALL TEAM OF ANDERSON COUNTY ON WINNING THE CLASS AAA UPPER STATE CHAMPIONSHIP FOR 1994.
H. 4970 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY LOUISE RALEY SCOTT OF DARLINGTON COUNTY UPON HER RETIREMENT FROM MORE THAN THREE DECADES OF SERVICE TO THE DISABLED CITIZENS OF SOUTH CAROLINA AND TO WISH HER WELL IN THE YEARS TO COME.
At 2:15 P.M. the House in accordance with the motion of Rep. KINON adjourned in memory of M. Coy Jackson of Dillon, to meet at 10:00 A.M. tomorrow.
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