The following was received.
Columbia, S.C., April 6, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1993, and to expire July 1, 1997:
6th Congressional District:
Mr. Harry Everett Thomas, Jr., 1008 Woodstone Drive, Florence, S.C. 29501- 5555 VICE MG Jones E. Bolt
Very respectfully,
President
Received as information.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
April 5, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Victims Assistance Network, Adam Walsh Center, and People Against Crime are sponsoring a reception for all members of the General Assembly so that the public can meet their elected representatives and senators. The reception will be held on Thursday, April 27 from 9:30 A.M. until 12:15 P.M. in the lower lobby of the South Carolina State House. This is part of the annual Victims' Rights Week Conference.
We cordially invite you and your fellow representatives to join with us in this reception.
Thank you for all you do for the people of South Carolina.
Sincerely,
Margaret Frierson
Secretary/Treasurer
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
Whereas, in the early sixteenth and seventeenth centuries, the people living in present-day South Carolina knew their homeland by the name Chicora; and
Whereas, the Chicora's land was bordered on the north by the Cape Fear River and on the south by the Savannah River, and possibly as far west as the Appalachian Mountains; and
Whereas, the first written reference to the Chicora people was made by the Spaniard Martyr in 1520, and thereafter by numerous Spanish and French explorers, including Hernando de Soto; and
Whereas, the native people of Chicora had no written language but were intelligent and skilled in the simple arts and crafts incident to their primitive way of life; and
Whereas, the Chicoras were organized into families with a headman and thereafter into tribes under a chief and his council and into a nation under a cacique (king); and
Whereas, the Chicoras welcomed the Spanish and French explorers with kindness, generosity, and hospitality and were rewarded with cruelty and enslavement; and
Whereas, the Chicora population was decimated by warfare between the Spanish
and French, and eventually by smallpox, measles, typhus, and other diseases
carried by the British settlers to America; and
Whereas, the remaining Chicoras were forcibly assimilated into white communities; and
Whereas, in the 1970's, the remaining indigenous Chicoras began the process of establishing recognition of their tribe, and in 1986 the board members of the South Carolina Council of Native Americans elected Gene Martin interim Chief; and
Whereas, in 1991, Chief Martin was elected tribal chief by the members of the tribe; and
Whereas, the 1990 census identified eighty (80) tribal members, and the tribal role now contains over 480 names; and
Whereas, the tribal headquarters are located in Andrews, South Carolina in Georgetown County; and
Whereas, Horry, Georgetown, and Williamsburg Counties and the cities of Surfside, Conway, and Andrews proclaim the third week in November the Chicora Indian Tribal Week. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby establish April 20th as Chicora Indian Day in recognition of the Chicora Indian Tribe's historical significance and contributions to the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Chief Gene Martin of the Chicora Indian Tribe.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO
Referred to Committee on Judiciary.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Referred to Committee on Judiciary.
Referred to Committee on Education and Public Works.
H. 3964 -- Reps. Elliott, Hallman, Waldrop, Cato, Trotter, Stoddard, Witherspoon, Martin, Mason, Harwell, Littlejohn, R. Smith, Cooper, Vaughn, Koon, Cain, Sandifer, Wilkes, D. Smith, P. Harris, Kirsh, Klauber, Riser and G. Brown: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO TEN AND TO PROVIDE FOR AN ADDITIONAL DENTAL HYGIENIST MEMBER AND TO CONFORM OTHER PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3965 -- Reps. Gamble, Hallman, H. Brown, Lanford, Koon, Fulmer and Keegan: A BILL TO AMEND SECTIONS 9-1-1650, 9-8-110, AS AMENDED, 9-9-100, AS AMENDED, AND 9-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS DUE BENEFICIARIES OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW AN ACTIVE CONTRIBUTING MEMBER TO NOMINATE CONTINGENT BENEFICIARIES WHO, IF PREDECEASED BY ALL OTHER BENEFICIARIES, ARE CONSIDERED THE BENEFICIARY FOR PURPOSES OF REFUNDS AND ANNUITIES, IF APPLICABLE, UNDER THESE SYSTEMS.
Referred to Committee on Ways and Means.
Referred to Committee on Ways and Means.
H. 3967 -- Reps. Fulmer, Seithel, Hallman, Kelley, Harrell, Limehouse and Keegan: A BILL TO REPEAL SECTION 57-5-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES AND APRONS TO STATE HIGHWAYS.
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD
Rep. TOWNSEND explained the Bill and moved to adjourn debate upon the Bill until Tuesday, April 11, which was adopted.
The following Joint Resolution was taken up.
H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.
Rep. CATO made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 383 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX