Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by Rhett Brown, former House Page and son of Rep. GRADY BROWN, who is presently attending Duke Divinity School:
Oh God,
We the Pontius Pilates of South Carolina call You into our courts this day seeking to discern from You that which is truth. Yet the truth You offer us is more that what we bargained for. We request Your counsel on budgetary matters and seek Your wisdom on issues of fiscal reform, yet You shock us with statements like "Woe to you who are rich" and "blessed are you who are poor." (Luke 6:20,24) We offer You a partisan affiliation and ask that You endorse our political agendas, yet You demand that we pick up Your cross and follow You as You "preach good news to the poor, heal the brokenhearted, offer deliverance to the imprisoned... and offer liberation to those who are oppressed." (Luke 4:18) And then You push us from the lectern, brush all pointless rhetoric to the side and demand that we leave our cushioned seats of comfort, divest ourselves of political privilege and follow You into the streets where Your oppressed creation groans for a Kingdom that is not of this world. (John 19:33-36b) Oh God, how terrifying it is to ask You to tell us the truth! Your answer is ego shattering. In our own courts, You dare to remind us that we can never tell You how to be God and, that it is You who sets the agenda for self-sacrificial, other affirming service. Yet in the end, Your words are spoken in love and seek only to save us from ourselves. You have heard our proposals. And we thank You, Oh God, for telling us Your truth. In Your presence, we stand corrected.
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. CLYBURN moved that when the House adjourns, it adjourn in memory of Evelyn Allen Johnson of Aiken, which was agreed to.
The following was received.
Columbia, S.C., March 17, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 482:
S. 482 -- Senator Ryberg: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4757 -- Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4754 -- Reps. Witherspoon, Sharpe, Bailey, Clyburn, Simrill, Meacham, Seithel, Inabinett, Mason, Littlejohn, McKay, Rodgers, Miller, Rhoad, Walker, Battle, Lloyd, Barfield, McMahand, J. Hines, Dantzler, Stille and Leach: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER PARTS, SO AS TO PROHIBIT THE SALE OF LIVE DEER AND CERTAIN DEER PARTS, INCLUDING CERTAIN VENISON, ANTLERS, AND GAMETES, AND TO REVISE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW SALE OF VENISON NOT ONLY BY FOOD SERVICE ESTABLISHMENTS, BUT ALSO BY OFFICIAL ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4693 -- Reps. Sharpe, Davenport, Littlejohn, McLeod and Limehouse: A BILL TO AMEND TITLE 48, CHAPTER 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES "ENVIRONMENTAL EMERGENCIES", REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A ONE HUNDRED THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED "ENVIRONMENTAL PROTECTION FUND"; TO RENAME TITLE 48, CHAPTER 2 AS "ENVIRONMENTAL PROTECTION FUNDS".
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4691 -- Reps. Sharpe, Rhoad, Spearman, Limehouse, Davenport, Witherspoon, Littlejohn and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4690 -- Reps. Sharpe, Davenport and McLeod: A BILL TO AMEND TITLE 40, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ORGANIZATIONAL FRAMEWORK FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4654 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4640 -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW DEVICES.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4618 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH THE VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3901 -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 852 -- Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 275 -- Senators Leventis, Ryberg, McConnell, Land, McGill, Jackson, Russell, Courson, Glover, O'Dell, Ravenel, Moore, Gregory, Reese, Thomas, Waldrep, Rose, Hutto and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4502 -- Reps. Kelly, Keegan, Wilkins, Knotts, Sandifer, Meacham, Jordan, Hinson, Robinson, Stuart, Rice, Haskins, Riser, Barrett, Moody-Lawrence, Mullen, Rodgers and Kirsh: A BILL TO AMEND SECTION 44-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSON OR HEALTH CARE FACILITIES FOR WHICH A CERTIFICATE OF NEED IS REQUIRED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO REQUIRE SUCH A CERTIFICATE FOR AN OUTPATIENT METHADONE TREATMENT FACILITY.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4735 -- Reps. Boan and Walker: A BILL TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4645 -- Reps. Klauber, Young, Jennings, Scott, Mullen, Beck, Maddox, Miller and Hawkins: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3897 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 535 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3896 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
Ordered for consideration tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4816 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 1, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997; AND TO ELECT A SUCCESSOR TO A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRED AUGUST 31, 1997.
Whereas, the elections for certain judicial offices were originally scheduled to be filled by the General Assembly on June 17, 1997; and
Whereas, since that time several additional judicial offices have been created which need to be filled; and
Whereas, now the terms for many other judicial offices are expiring this year and need to be filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 1, 1998, at 12:00 noon to elect a successor to the Honorable James E. Moore, Associate Justice of the Supreme Court, whose term expires July 31, 1998; to elect a successor to the Honorable Ralph K. Anderson, Jr., Judge of the Court of Appeals, Seat 9, whose term expires June 30, 1998; to fill the office of Judge of the First Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Rodney A. Peeples, Judge of the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas W. Cooper, Jr., Judge of the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Paul M. Burch, Judge of the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, whose term expires June 30, 1998; to elect a successor to the Honorable Tom J. Ervin, Judge of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Henry F. Floyd, Judge of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Thirteenth Judicial Circuit, Seat 4, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Sidney T. Floyd, Judge of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable John C. Hayes III, Judge of the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Sixteenth Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Alvin C. Biggs, Judge of the Family Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the First Judicial Circuit, Seat 3, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Peter R. Nuessle, Judge of the Family Court for the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Roger E. Henderson, Judge of the Family Court for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable H. Bruce Williams, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Donna S. Strom, Judge of the Family Court for the Fifth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas E. Foster, Judge of the Family Court for the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2001; to elect a successor to the Honorable Stuart H. Hall, Judge of the Family Court for the Seventh Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable John M. Rucker, Judge of the Family Court for the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable William K. Charles, Jr., Judge of the Family Court for the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable F.P. Segars-Andrews, Judge of the Family Court for the Ninth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Judy Cone Bridges, Judge of the Family Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Ninth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Franklin McClain, Judge of the Family Court for the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Robert H. Cureton, Judge of the Family Court for the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable W. Frank Rogers, Jr., Judge of the Family Court for the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Wylie H. Caldwell, Jr., Judge of the Family Court for the Twelfth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Alvin D. Johnson, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Thirteenth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Jane Dowling Fender, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable Donald A. Fanning, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable Lisa A. Kinon, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable John S. Flynn, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; and to elect a successor to the Honorable Ray N. Stevens, Judge of the Administrative Law Division, Seat 5, whose term expires June 30, 1998.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that immediately following the elections for the judicial offices, the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 1, 1998, to elect a successor to The Honorable Dill Blackwell, Chairman of the Legislative Audit Council, whose term expired on May 10, 1997.
Be it further resolved that immediately following the election for the Legislative Audit Council, the House of Representatives and the Senate meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, April 1, 1998, to elect a successor to a member of the South Carolina Consumer Affairs Commission for Seat 1, so as to fill the term which expired August 31, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4817 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE THE HISTORICAL LINKS BETWEEN BARBADOS AND THE CARIBBEAN TO SOUTH CAROLINA, AND TO COMMEND ALL THOSE WHO PARTICIPATED IN THE CULTURAL EXCHANGE BETWEEN BARBADOS AND THE STATE OF SOUTH CAROLINA, INCLUDING MS. RHODA GREEN, PRESIDENT OF THE CAROLINA CARIBBEAN ASSOCIATION, FOR THEIR EFFORTS IN STRENGTHENING THE RELATIONSHIP BETWEEN THE STATE OF SOUTH CAROLINA AND THE ISLAND OF BARBADOS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4818 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING JOHN CORBETT OF MANNING ON THE OCCASION OF HIS BEING NAMED THE RECIPIENT OF THE CLARENDON COUNTY BUSINESS PERSON OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1052 -- Senators Alexander, Drummond, J. Verne Smith, Holland, McConnell, Moore, Wilson, Martin, Anderson, Branton, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Matthews, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep and Washington: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO CELEBRATE THE SIXTY-FIFTH ANNIVERSARY OF THE FOUNDING OF THE CIVILIAN CONSERVATION CORPS AND TO ESTABLISH TUESDAY, MARCH 31, 1998, AS NATIONAL CIVILIAN CONSERVATION CORPS RECOGNITION DAY; AND JOINING OTHER STATES IN EXPRESSING THE APPRECIATION OF THIS STATE TO THE CIVILIAN CONSERVATION CORPS FOR ITS VALUABLE CONTRIBUTIONS TO THE PROTECTION OF OUR NATURAL RESOURCES AND ENCOURAGEMENT OF OUR WORK ETHIC.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1118 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO V. ERSKINE SUBER, JR., OF CAYCE FOR HIS DEDICATED SERVICE OF OVER THIRTY-FIVE YEARS TO THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND THE PEOPLE OF SOUTH CAROLINA, AND WISHING HIM MANY YEARS OF HEALTH AND HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4819 -- Rep. McKay: A BILL TO AMEND SECTION 55-5-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AERONAUTICAL REGULATION BY THE SOUTH CAROLINA DEPARTMENT OF COMMERCE, SO AS TO MAKE THE REGULATORY PROVISIONS APPLICABLE TO AIRPORTS AND OTHER AVIATION FACILITIES OWNED OR OPERATED BY THE GOVERNMENT OF THIS STATE OR OF A COUNTY OR MUNICIPALITY OF THIS STATE.
Referred to Committee on Education and Public Works.
H. 4820 -- Reps. Davenport, J. Smith, Bowers, Lloyd, Simrill, McGee, Altman, Neal, Sandifer, Phillips, Clyburn, Barrett, Cave, Vaughn, Young-Brickell, Stuart, Leach, Hamilton, Littlejohn, Woodrum, Wilkes, Hinson, Riser, Young, F. Smith, Bauer and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-65 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT REQUIRE A HIGHWAY PATROLMAN TO ISSUE A SPECIFIC NUMBER OF TRAFFIC TICKETS EACH YEAR, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
Referred to Committee on Judiciary.
H. 4822 -- Rep. Jennings: A BILL TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.
Referred to Committee on Ways and Means.
H. 4823 -- Reps. Townsend, Byrd, Allison, Clyburn, Stille, Martin, Rodgers and Trotter: A BILL TO AMEND SECTION 58-25-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX.
Referred to Committee on Ways and Means.
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Referred to Committee on Judiciary.
H. 4825 -- Reps. Wilder, Cave, Stoddard, Clyburn, Howard, Neal, McLeod, Lloyd and Inabinett: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" A STUDENT EMPLOYED IN A STATE COLLEGE, UNIVERSITY, OR EDUCATIONAL INSTITUTION OF HIGHER LEARNING AT WHICH THE STUDENT IS ENROLLED.
Referred to Committee on Ways and Means.
H. 4826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO IMPORTATION OF LIVESTOCK, SHEEP AND GOATS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO VESICULAR STOMATITIS RESTRICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4828 -- Rep. Wilder: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TREATMENT OF ACCRUED ANNUAL LEAVE OF A STATE EMPLOYEE ON THE EMPLOYEE'S TERMINATION, RETIREMENT, OR DEATH, SO AS TO PROVIDE FOR A LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE, NOT TO EXCEED FORTY-FIVE DAYS AND WITHOUT REGARD TO LEAVE TAKEN IN THE CALENDAR YEAR, FOR AN EMPLOYEE TERMINATED DUE TO A REDUCTION IN FORCE.
Referred to Committee on Ways and Means.
H. 4829 -- Reps. Quinn, Baxley, Koon, Sandifer, Seithel, Sharpe, Limehouse, Neilson, Simrill, Barrett, R. Smith, Edge, Scott, Davenport, Clyburn, McLeod, Inabinett, McCraw, Gamble, J. Smith, Moody-Lawrence, Lloyd, Dantzler, Phillips, Hawkins, Riser, Young-Brickell, Maddox, Byrd, Rice, J. Brown, Stille, Law and Bauer: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4830 -- Reps. Harrison, Campsen, Harrell and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.
Referred to Committee on Judiciary.
S. 920 -- Senators Lander, Courson and Giese: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; TO AMEND SECTION 44-43-1320 RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390, ALL RELATING TO PROCEDURES FOR EYE DONATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 921 -- Senators Lander, Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 974 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER TO BE PRESENT AT HIS EXECUTION.
Referred to Committee on Judiciary.
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Leach Lee Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, R. Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 18.
James N. Law H.B. Limehouse III Steve P. Lanford Bessie Moody-Lawrence Harry R. Askins James Emerson Smith, Jr. Jerry N. Govan, Jr. Leon Howard Fletcher Nathaniel Smith, Jr. Larry L. Koon John G. Felder Clementa C. Pinckney Marion P. Carnell George H. Bailey Doug Smith Lynn Seithel Molly M. Spearman Daniel L. Tripp Jackson S. Whipper G. Ralph Davenport, Jr. Terry E. Haskins Ralph W. Canty Victoria T. Mullen Douglas Jennings, Jr. Theodore A. Brown
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARRIS a leave of absence for the day due to family illness.
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Tuesday, March 17.
Rep. LLOYD and the Colleton County Delegation, presented to the House the Walterboro High School Band, winners of the AAAA State Championship and other officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4662
DATE ADD:
3/18/98 Woodrow M. McKay
Bill Number: H. 4661
DATE ADD:
3/18/98 Woodrow M. McKay
Bill Number: H. 4407
DATE REMOVE:
3/18/98 J.M. Knotts, Jr.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4809 -- Reps. Harvin and Young: A BILL TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER AND ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE CLARENDON COUNTY BOARD OF EDUCATION, OR HIS DESIGNEE, ALSO SHALL SERVE AS AN EX OFFICIO MEMBER OF THIS BOARD.
H. 4387 -- Reps. J. Brown, T. Brown, Canty, McLeod and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
S. 1104 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION,, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE explained the Joint Resolution.
H. 4798 -- Reps. Harrison, Cotty, Sandifer, Klauber, Hawkins, Meacham, Young-Brickell, Barrett, McKay, Kinon, Young and J. Smith: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
Rep. HARRISON explained the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3833 -- Reps. Hawkins, Altman, F. Smith, J. Smith, Maddox, Campsen, Whipper, Baxley, Bauer, Delleney, D. Smith, Beck, H. Brown, McCraw, Haskins, Fleming, Young, Felder and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-435 AND BY AMENDING SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF A SUPERIORITY OF RIGHTS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO REQUIRE, RATHER THAN AUTHORIZE, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN ENFORCING ITS ASSIGNMENT OR SUBROGATION RIGHTS, TO REDUCE ANY AMOUNT DUE THE DEPARTMENT BY TWENTY-FIVE PERCENT IF THE RECIPIENT OF SERVICES HAS RETAINED AN ATTORNEY TO PURSUE THE RECIPIENT'S CLAIM AGAINST A THIRD PARTY; AND TO AMEND SECTION 43-7-410, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO CONFORM THE DEFINITION OF "COMMISSION" TO GOVERNMENT RESTRUCTURING.
H. 4611 -- Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
H. 4500 -- Rep. Boan: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION.
The following Bill was taken up.
S. 289 -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21336DC.98), which was adopted.
Amend the bill, as and if amended, in Section 24-3-430(A) of the 1976 Code, as contained in SECTION 1, by inserting after /South Carolina/ on line 31 /No violent offender shall be afforded the opportunity to perform labor for nonprofit organizations if such labor is outside the confines of a correctional institution. Inmates participating in such labor shall not benefit in any manner contradictory to existing statutes./
When amended subsection (A) of Section 24-3-430 shall read:
"(A) The Director of the Department of Corrections may establish a program involving the use of inmate labor by a nonprofit organization or in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina. No violent offender shall be afforded the opportunity to perform labor for nonprofit organizations if such labor is outside the confines of a correctional institution. Inmates participating in such labor shall not benefit in any manner contradictory to existing statutes./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Reps. FLEMING, KLAUBER and HAWKINS proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9763CM.98), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. The 1976 Code is amended by adding:
"Section 24-13-70. The Director of the Department of Corrections and a person charged with the operation of a detention facility:
(1) shall require convicted prisoners in an institution of the State Department of Corrections or a county jail to engage in a work program unless considered a security risk or physically or mentally incapacitated;
(2) shall require that cable television, satellite television, or any other pay per view television medium is not provided to inmates, that inmates are encouraged to view educational programs, and that programs of a violent nature are not allowed; and
(3) may assign inmates convicted of nonviolent offenses, or eligible for custody in minimum security institutions, to work on chain gangs, with or without shackles./
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. KLAUBER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3860 -- Rep. Beck: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO ALLOW THE APPLICANT TO DISCLOSE A PERMANENT MEDICAL CONDITION WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4850MM.98), which was adopted.
Amend the bill, as and if amended, Section 56-1-80, SECTION 1, page 1, line 40, by deleting /./ and inserting /;/, and by inserting after line 40:
/(7) allow an applicant voluntarily to disclose that he is an organ donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record./
When amended the Section 56-1-80 reads:
/Section 56-1-80. Every application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and
(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal.;
(6) allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;
(7) allow an applicant voluntarily to disclose that he is an organ donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.
Whenever an application is received from a person previously licensed or permitted in another state, the Department of Public Safety, may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed./
Renumber items to conform.
Amend title to conform.
Rep. STUART 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. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21215SD.98), which was adopted.
Amend the bill, as and if amended, by striking Section 56-5-4090 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 56-5-4090. (A) The limitations regarding length of vehicles and loads stated in Sections 56-5-4060 56-5-4070 and 56-5-4080 do not apply to a load upon a pole trailer, longwood trailer, or self-propelled pole carrier when transporting poles or logs.
(B) During daylight hours only, the limitations regarding length of vehicles and loads stated in Sections 56-5-4060 56-5-4070 and 56-5-4080 do not apply to a load upon a pole trailer, longwood trailer, or self-propelled pole carrier when transporting pipes or structural material which cannot be dismembered.
(C) Between 2:00 a.m. and thirty minutes past sunset, the limitations regarding length of loads stated in Section 56-5-4080 do not apply to loads up to sixty feet in length carried on a fifty-three foot long flat-bed trailer so long as:
(1) the vehicle is traveling upon or within five miles of the South Carolina Truck Network as defined by regulation of the department;
(2) the load does not extend more than three feet six inches beyond the front of the bed of the trailer;
(3) the load does not extend more than four feet beyond the rear of the bed of the trailer;
(4) a flashing amber strobe light is attached to any overhanging rear load; and
(5) The vehicle's headlights, taillights, and any other exterior lights are on at all times while traveling upon the highways of this State.
(D) A pole, log, pipe, or other material exceeding eighty feet in length may not be transported unless a permit has been first obtained as authorized in Section 56-5-4170 57-3-130.
(D)(E) The provisions of this section do not apply to a pole trailer or self-propelled pole carrier operated by a utility company when transporting a pole to replace a damaged one./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate amendments to the following Bill were taken up for consideration.
H. 4637 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
Rep. WILDER moved to adjourn debate upon the Senate amendments until Thursday, March 19, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Rep. CATO moved to adjourn debate upon the Senate amendments until Thursday, March 19, which was adopted.
The motion period was dispensed with on motion of Rep. CROMER.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
Rep. BAXLEY proposed the following Amendment No. 6 (Doc Name P:\AMEND\GJK\21353MM.98), which was rejected.
Amend the committee report, as and if amended, in Section 44-48-80(A), as contained in SECTION 1, page 4360-16, line 36, by deleting /may/ and inserting /shall/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. HARRISON moved table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Bauer Beck Brown, H. Cato Chellis Cooper Cotty Dantzler Delleney Easterday Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Kinon Klauber Knotts Law Leach Limehouse Loftis Maddox Mason McGee McKay McMaster Meacham Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Spearman Stuart Townsend Tripp Trotter Webb Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Barfield Battle Baxley Bowers Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Davenport Edge Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Keegan Kennedy Kirsh Lanford Lee Littlejohn Lloyd Mack Martin McCraw McLeod McMahand Miller Moody-Lawrence Neal Neilson Phillips Rhoad Scott Sheheen Smith, F. Smith, J. Stille Walker Whipper Wilder Wilkes Witherspoon
So, the House refused to table the amendment.
Rep. HAWKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HAWKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Battle Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Davenport Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Kirsh Littlejohn Lloyd Mack McCraw McLeod McMahand Miller Moody-Lawrence Neal Neilson Rhoad Scott Sharpe Sheheen Smith, F. Smith, J. Spearman Walker Whipper Wilder Wilkes
Those who voted in the negative are:
Altman Askins Barfield Barrett Bauer Beck Brown, H. Brown, J. Cato Chellis Cotty Dantzler Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kinon Klauber Knotts Koon Law Leach Limehouse Loftis Maddox Martin Mason McAbee McGee McKay McMaster Meacham Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the amendment was rejected.
Reps. MOODY-LAWRENCE and CANTY proposed the following Amendment No. 9 (Doc Name P:\AMEND\BBM\9771SD.98), which was ruled out of order.
Amend the bill, as and if amended, SECTION 1, page 9, by adding after line 25:
/Section 44-48-95. Sexually violent predators must receive mental health counseling or treatment from the time of their initial confinement in prison for the underlying offense./
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. SHEHEEN raised a Point of Order that Amendment No. 9 was out of order in that it was not germane to the Bill.
Rep. MOODY-LAWRENCE argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. D. SMITH and LITTLEJOHN proposed the following Amendment No. 13 (Doc Name P:\AMEND\JIC\5407SD.98).
Amend the bill, as and if amended, by striking subsection (A) of Section 44-48-80 of the 1976 Code, as contained in SECTION 1, and inserting:
/(A) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a determination that the person is a sexually violent predator is made by a jury, the determination must be by unanimous verdict of the jury. This determination may be appealed. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Corrections for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Corrections. At all times, persons committed for control, care, and treatment by the Department of Corrections pursuant to this chapter must be kept in a secure facility and these persons must be segregated at all times from other persons under the supervision of the department. Persons committed pursuant to this chapter must be kept in a facility or building separate from any other person under the supervision of the department. For purposes of fulfilling its duties and responsibilities under the provisions of this chapter, the Department of Corrections may contract with the Department of Mental Health to provide such services as it may require. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release. Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility including, but not limited to, a county jail, until another trial is conducted. A subsequent trial following a mistrial
must be held within ninety days of the previous trial, unless the subsequent trial is continued./
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. HAWKINS spoke against the amendment.
Rep. MOODY-LAWRENCE spoke in favor of the amendment.
Rep. McLEOD spoke in favor of the amendment.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 13.
At 11:30 A.M. 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:
S. 1087 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 18, 1998, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Easter Seal Representatives, their parents, and members of their party entered the Chamber.
The President of the Senate recognized Representative Bob WALKER, Vice Chairman of the Joint Committee for the Disabled, who addressed the Joint Assembly as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, honored Easter Seal representatives, ladies and gentlemen... it is our privilege today to welcome you to this Joint General Assembly on Easter Seal's 47th Annual Buck-a-Cup. We look forward to this special day as we do each year. Working with the Easter Seal Society to kick off one of the biggest fundraisers in the State for persons of disability is a distinct honor. We hope that each and every one of you will support this worthy cause by purchasing one of the Buck-a-Cup tags and share with us as we represent these people. At this time I am going to ask our chairman, Senator Lander, to continue the program."
Senator Lander, Chairman of the Joint Committee for the Disabled, addressed the Joint Assembly as follows:
"Thank you so much and certainly it is indeed a pleasure to be a part of one of the most important days of our legislative session. Three hundred law enforcement officers and over one hundred restaurants are involved in the Buck-a-Cup Brace a Child Week. The Buck-a-Cup Brace a Child campaign has helped pay for some of the following important contributions: therapy to over 252 children, job training and retention for over 30 adults with disabilities, transportation services to medical appointments for over 272 people, ramps for over 95 people, 2 guide dogs for visually impaired clients, transportation to camp for over 75 kids with special needs, 2 accessible vans, more than 290 pieces of medical equipment, more than 451 people with medical supplies, more than 50 families with car seats and 115 disabled children with equestrian therapy. The program is indeed important. The program, with our help, with the citizens of South Carolina's help and, certainly with the help of over 300 law enforcement officers and over 100 restaurants, is making a huge dent into the therapy needed for children and adults with disabilities. We have with us today, the 1998 Easter Seal State Representatives. These young people have come from all over the State. We have one that unfortunately due to illness will not be here-Chandler Smith from Greenwood. Today, we do have with us, Mary Ann Stanley from Pelion, who is accompanied by Senator Setzler and Representative Stuart; Ben Comen from Anderson, who is accompanied by Senator Waldrep and Representatives Jordan and Townsend; Scott Carter of Spartanburg, who is accompanied by Senator Reese and Representative Walker; Hayley West of Florence, who is accompanied by Senator Leatherman and Representative McGee; Caleb Sawyer of Greenville, accompanied by Senator Anderson and Representative McMahand; Blakely Hunter of Charleston, accompanied by Senator McConnell and Representative Harrell. We are delighted to have these children here who are the Easter Seal State Representatives for 1998. Please join with me in welcoming these young people who represent our State. Mr. President and members, I would be remiss in not mentioning the two campaign sponsors this year, Tommy Thompson, Acting Assistant Director of the South Carolina Law Enforcement Officers Association and Thomas Sponsellar, Executive Director of the South Carolina Restaurant Association. Also Neil Paul, Campaign Chairman, who I hope does just as well as last year. These officers and the restaurants raised over $461,000 last year. Also, Thomas Felder, Chairman of the State Easter Seal Board of Directors and Joe Jones, CEO and President of the Easter Seal Society. We welcome you here and wish you best wishes on the new campaign for 1998. Welcome again to the General Assembly. Thank you so much for all that you do. Thank you Mr. President."
Upon the conclusion of the presentation, the honored guests and 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 11:50 A.M. the House resumed, the SPEAKER in the Chair.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4378 -- Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Ordered for consideration tomorrow.
The following was introduced:
H. 4831 -- Reps. Kennedy and Harvin: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE NICOLE M. KENNEDY, JEROME A. RODGERS, WHITNEY A. SABB, AND MI-KESHA C. SHAW, SECOND GRADERS AT GREELEYVILLE ELEMENTARY SCHOOL, FOR THEIR TEAM'S FIRST PLACE REGIONAL FINISH AND SELECTION AS A NATIONAL SEMIFINALIST IN THE TOSHIBA/NATIONAL SCIENCE TEACHERS ASSOCIATION EXPLORAVISION AWARDS PROGRAM FOR 1998.
The Resolution was adopted.
The following was introduced:
H. 4832 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DARLINGTON COUNTY COUNCILWOMAN WILHELMINA P. JOHNSON ON THE OCCASION OF HER BEING SELECTED AS A RECIPIENT OF THE WOMEN OF ACHIEVEMENT AWARD BY THE GOVERNOR'S OFFICE COMMISSION ON WOMEN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4833 -- Reps. Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-545 SO AS TO PROVIDE THAT A PERSON OWNING OR CONTROLLING A MOTOR VEHICLE IS GUILTY OF A MISDEMEANOR IF HE ALLOWS ANOTHER PERSON TO OPERATE THE MOTOR VEHICLE WHO HE KNOWS OR SHOULD HAVE KNOWN DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IF HE ALLOWS ANOTHER PERSON TO OPERATE THE MOTOR VEHICLE WHO HE KNOWS OR SHOULD HAVE KNOWN DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND SERIOUS INJURY OR DEATH RESULTS FROM THE OPERATION OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
H. 4834 -- Reps. Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2997 SO AS TO PROVIDE THAT A PERSON WHO OWNS OR CONTROLS A MOTOR VEHICLE IS GUILTY OF A MISDEMEANOR IF HE ALLOWS ANOTHER PERSON IMPAIRED BY ALCOHOL OR DRUGS OR WHO REASONABLY IS KNOWN TO HIM TO BE A HABITUAL USER OF ALCOHOL OR DRUGS TO OPERATE THE MOTOR VEHICLE OR IF HE ALLOWS ANOTHER PERSON IMPAIRED BY ALCOHOL OR DRUGS WHO REASONABLY IS KNOWN TO HIM TO BE A HABITUAL USER OF ALCOHOL OR DRUGS TO OPERATE THE MOTOR VEHICLE AND SERIOUS BODILY INJURY OR DEATH RESULTS FROM ITS OPERATION, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
H. 4835 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER SHALL ESTABLISH DRIVER'S LICENSE OR MOTOR VEHICLE REGISTRATION CHECKPOINTS ONLY AT SAFE LOCATIONS AND DURING NONRUSH HOUR PERIODS.
Referred to Committee on Judiciary.
H. 4836 -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-125 SO AS TO PROVIDE CERTAIN RESTRICTIONS UPON COMMERCIAL OR INDUSTRIAL ACTIVITIES WITH REGARD TO OUTDOOR ADVERTISING; BY ADDING SECTION 57-25-215 SO AS TO PROVIDE THAT CERTAIN SIGNS MUST BE CONSTRUCTED WITH STEEL OR STEEL MONOPOLES; TO AMEND SECTION 57-25-120 RELATING TO THE DEFINITION OF CERTAIN OUTDOOR ADVERTISING TERMS, SO AS TO PROVIDE THAT MOBILE HOMES AND TRAILERS ARE NOT COMMERCIAL OR INDUSTRIAL ACTIVITIES; TO AMEND SECTION 57-25-140 RELATING TO SIGNS PERMITTED ALONG CERTAIN HIGHWAYS, SO AS TO PROHIBIT THE ERECTION OF SIGNS WITH VERTICAL STACK FACES OR DOUBLE-DECKED FACES; AND TO AMEND SECTION 57-25-190, AS AMENDED, RELATING TO COMPENSATION FOR REMOVAL OF SIGNS, SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY SHALL NOT REMOVE LEGALLY PLACED OFF-PREMISES OUTDOOR ADVERTISING WITHOUT COMPENSATING THE OWNER, AND TO PROVIDE THAT GOVERNMENTAL ENTITIES AND OWNERS OF OFF-PREMISES OUTDOOR ADVERTISING ARE ENCOURAGED TO ENTER INTO RELOCATION AGREEMENTS IN LIEU AND INSTEAD OF ENTERING INTO COMPENSATION AGREEMENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 4837 -- Reps. Cave and Rhoad: A BILL TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4838 -- Reps. Neilson, R. Smith and J. Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-25 SO AS TO CREATE A CAUSE OF ACTION FOR ALIENATION OF AFFECTION.
Referred to Committee on Judiciary.
H. 4839 -- Reps. Neilson, Cobb-Hunter, Scott, Lloyd, J. Smith and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-262 SO AS TO ESTABLISH MINIMUM RESIDENT-STAFF RATIOS FOR STAFF PROVIDING NURSING CARE IN NURSING HOMES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4840 -- Reps. Loftis, Clyburn, Hamilton, Tripp, Sandifer, Koon, Altman, Barfield, Campsen, Witherspoon, Vaughn, Byrd, Stille, Hawkins, Easterday, Inabinett, Haskins, R. Smith, Delleney, McKay, McGee, Riser, Leach, Barrett, Lloyd and Mason: A BILL TO AMEND ACT 437 OF 1988, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REVISE THE PURPOSE OF THE ACT AND STATE THAT THE GOAL OF THE ACT IS TO REDUCE THE INCIDENCE OF SEXUAL ACTIVITY AMONG SCHOOL AGE YOUTH AND PROMOTE VIRTUOUS BEHAVIOR; AND TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT AND THE PROGRAM OF COMPREHENSIVE HEALTH EDUCATION, SO AS TO REVISE THE CONTENTS AND REQUIREMENTS OF THE PROGRAM.
Referred to Committee on Education and Public Works.
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Referred to Committee on Ways and Means.
The Honorable Samuel J. Lee Dr. O'Neal Smalls
The Honorable Robert Brown Elliott Dr. Eleanor Golar-Williams
Representative J. BROWN made the following remarks:
"Thank you very much, Mr. Speaker. To the Supreme Court Justices, to the Honorable John L. Scott, Jr., who is Chairman of the Legislative Black Caucus, to my distinguished colleagues of the General Assembly, and to all of our visiting guests, today is a special day in South Carolina and we are very pleased and honored to have you here. It is both an honor and a pleasure to be your moderator for this auspicious occasion as we honor two outstanding African-American legislators from the 1800's. As you may know, the Honorable Robert Brown Elliott and the Honorable Samuel J. Lee, served as Speakers of the South Carolina House of Representatives during a most turbulent and racial divisive period of American history. These two men came from Aiken and Edgefield and we are real happy to know that at the present time we have an outstanding African-American serving that particular area-the Honorable Bill Clyburn. We acknowledge their outstanding accomplishments during this turbulent period and stand here today more than a century later to bestow upon them the high honor of having their portraits hung in this chamber. In the absence of time, we plan to be as brief as possible today so you may attend to whatever other obligations you have. We are going to ask each one of our participants to take not more than 2 minutes in their presentation. I will not come back between each speaker, the program will just go on as outlined. My next appearance will come after the Clerk of the House, Mrs. Sandra McKinney. At this time the program will go on as outlined."
Representative M. HINES made the following remarks:
"Let us bow our heads. Oh Lord, our God, before the mountains were formed or thou has formed the earth and the sea, thou has been God. Even from everlasting to everlasting, thou art God. We petition thee Oh God on this hallowed day, a day that we have never seen before. We thank thee Oh God for the legacy, for the hallowed memories of these great two African-American Speakers who gave their time, talent and treasures to foster the causes for our South Carolina. We thank thee for Representative John Scott, Representative Brenda Lee, Representative Joe Brown, the entire Black Caucus along with Speaker David Wilkins and the General Assembly of South Carolina to come together to say thank you for what you have done and because these great speakers spoke and because they legislated, we are here today. We praise you for this rich heritage from those that we this day honor. Dear Lord, as their manteau has fallen upon us and as their torch has been handed to us, we pray that we might wear that manteau and bear that torch to honor them and to be a blessing to this generation and to the generation to follow. As we have received so much from those who have gone before us, so make us a blessing to our fellow man both now and in the days ahead. May the names of the Honorable Samuel J. Lee and the Honorable Robert Brown Elliott find a place in the history of South Carolina. Lord, in your tender mercies, Amen."
Representative SCOTT made the following remarks:
"Mr. Speaker, distinguished colleagues, guests, family and friends, I bring you greetings on behalf of the South Carolina General Assembly, the legislative Black Caucus as its chairman. We have come this afternoon for a very special occasion, to witness history as we unveil the only two African-American Speakers to serve in the legislature during Reconstruction. History has revealed that the first legislature after the war consisted of 87 blacks and 40 whites. Two Speakers of the House were Samuel J. Lee (1872) and Robert Brown Elliott (1874), which you will hear more about as the program progresses. Again I want to welcome you, we hope that you enjoy the program and may God bless each and every one of you. Thank you."
Dr. O'Neal Smalls made the following remarks:
"Ladies and gentlemen, as the program indicates I came prepared to speak on Mr. Lee. However my assignment was just recently changed and so I am going to share just a few thoughts with you about Mr. Robert Brown Elliott. Mr. Robert Brown Elliott grew up in Massachusetts and was educated in the school systems of Massachusetts. He went to school at the Massachusetts School of Law where he earned his law degree. Towards the end of the Civil War, he came south and became involved in political and legal affairs in the State of South Carolina. He became one of the most distinguished lawyers in the State during that period. He was involved in many of the leading cases of the period. In fact as will no doubt be indicated, Mr. Samuel Lee was involved in at least two criminal incidents and was represented by Mr. Robert Brown Elliott and of course Mr. Elliott was quite successful in his representation of Mr. Lee, at least in one of those cases. Mr. Robert Brown Elliott served as Speaker of the House from 1874-1877. After serving in the legislature, he returned to the practice of law and served in many different capacities and on many boards. Indeed he was one of the great leaders of the period-both legislatively and legally. It is indeed proper and fitting that we honor him today. Thank you."
Dr. Eleanor Golar-Williams made the following remarks:
"To the Honorable members of the House and Senate and members and friends, Samuel Jones Lee was born a free baby to Samuel Jones Lee from Charleston, South Carolina. His father was Samuel, his mother was Ann Lee. He had a brother named John Lee and a sister named Arabella Lee. He married a person named Rebecca Lee. I am going to omit some of the things I wanted to tell you prior to the Honorable Mr. Lee being the Speaker of the House in 1872-1874. Let me just start because he did many things prior to that time with the work in Edgefield County, helping to establish Aiken as Aiken is now. He worked fervently in that effort and in many other efforts that had to do with stanch dedicated people. He certainly was one. Let me start with his being nominated unanimously and elected unanimously for the Speaker of the House. Because everyone had seen his good works, they noted how dedicated he was. He was the kind of person who when he represented someone, he listened to them not from his own opinions or from his own preferences, but he communicated with the people whom he represented and many things were won because of that. So you can see that this was a humanistic man, a dedicated man and a person who was doing justly and rightly. He served on many committees. At his opening speech I just want to read one of the things that he put in his speech that is very significant if you will listen. It is taken from the poet Whittier , whom he liked because he called him the poet of liberty. 'No slave hunt in our borders. No private on our strand. No slave upon our land.' That was in his opening speech. In addition there was something else that was very important also that you should listen to. What he said in his opening speech as decisions were going to be made to get a railroad along the coastline of South Carolina to the west-very important. 'The necessity of a connecting link of railway with the Great West is imperative and the benefits and advantages to be derived therefrom incalculable. South Carolina in growing each day richer and more prosperous, our prosperity is becoming more diversified, our harvests are being garnered under the blessing of peace. By constructing such a line of railway, the Great West can forward her staples to these waters by a shorter route and at less expense. Our European lines of vessels are fast and stanch and can quickly convey the products of the western country to foreign ports. The cheaper outlet for the western wares is South Carolina. Her harbors are large and deep enough to accommodate vessels of any tonnage. Her climate is mild and genial. No great snowstorms render her railroads impassable. This is in itself, one of the strongest arguments in favor of a line of railroad connecting us with the productive western country.' That was a great speech. It would take me forever to talk about this man. He has done many things. He has served on the board at the University of South Carolina, he has been a judge, he has solved many murder cases successfully in his time. He was a Brigadier General, Chief of Staff in the National Guard and the list goes on and on. Lee has done much with the Honorable Mr. Elliott. Suffice it to say that, but I want to let you know that this man did much in the structure of this State in getting this state together in organization, in truth and in service. I decided to look up the word Samuel. What does it mean? It means instructed of God. I truly believe that this man was instructed of God because of his demeanor, his relationships with both sides of the State. Whether in opposition or not, he was able to speak peacefully, courteously and listen too, so that good decisions could be made. I want to give you three points that I think sums up this man. First, as I sum him up in terms of his work, and in looking at the meaning of the word Samuel, with a single standard in one's life, there is a centralizing force at work and wherever this centralizing influence becomes active, organization results. Thus, all the scattered forces of man's being are brought together and are made capable of understanding effectually the task of life. That was certainly this man and I know you are too. Secondly, in order to maintain one unity with God and to keep one's forces organized in singleness of thought and purpose, one must keep one's attention steadily fixed in the direction of that which he or she aspires. By looking away from the besetting forces of materiality and maintaining the higher watch one is enable to discern the action of God in meeting the various situations of life. And last, the matter of importance is always to maintain and perfect relationships with the movement of principle regardless of what may arise. Victory is inevitable when that unity is maintained. When the wheel given supreme control and judgement is ignored, the mind, body and the spirit are under autocratic rule. Thank you, it was a pleasure and an honor for me to speak."
Representative MOODY-LAWRENCE made the following remarks:
"Mr. Speaker, fellow colleagues, distinguished guests and friends, it is my distinct honor to introduce the artist, Mr. Larry Francis Lebby, American artist, 1950. Larry Francis Lebby is a South Carolinian whose captivating works have captured the attention of art critics throughout the world and has aspired their praise. Larry Francis Lebby has shown nationally and internationally in places of singular distinction such as the Smithsonian Institution, the Vatican, the United Nations, the Newark Museum, the Huntsville Museum, the White House, the United States Capitol, the South Carolina Capitol and has represented South Carolina in exhibitions in Rome, Italy sponsored by the Italian Ministry of Cultural Affairs. Lebby is married to the former Gloria J. Harris and is the father of three daughters, two sons and a granddaughter. I present to you, Larry Francis Lebby, the artist."
Mr. Larry Francis Lebby made the following remarks:
"Governor David Beasley, the South Carolina General Assembly, House Speaker David Wilkins, Chairman of the South Carolina Legislative Black Caucus, John Scott, the Portrait Committee and guests, I would like to sincerely thank you for the opportunity to have been selected as your artist to paint the portraits of South Carolina Representatives Samuel Jones Lee and Robert Brown Elliott. I would like to also thank my lovely wife, Gloria Harris Lebby, my mother Mrs. Irene Johnson Lebby and our children for their patience, kindness and loving support during the time these portraits took to complete. Representatives Lee and Elliott paintings allowed me a rare and unique opportunity to revisit our state's colorful and historical past. These portraits were certainly a challenge but a enjoyable and meaningful one. Some of the challenges that faced me was a lack of good available material which became extremely crucial to the outcome of this project. Photographs and engravings of the period gave me invaluable information regarding anatomical features, costume attire and different colors used formal and informal dress of the time. It is my sincere hope that you will enjoy the portraits and in some small way, the painting will remind you of these unselfish men who gave many years of service to our State and its people. Again, thank you very much."
SPEAKER WILKINS made the following remarks:
"On behalf of the House, I want to accept the portraits and look forward to hanging them in our chamber when we move back to the State House. I want to take this opportunity also to thank John Scott, Brenda Lee, Joe Brown and other members of the Portrait Committee. It was a pleasure working with you. All of you did a great job on organizing and working out the details for today. I particularly appreciate John Scott's cooperation in working on this effort. Again we look forward to hanging these portraits with the other portraits and enjoying them for the years and years and centuries to come.
Representative LEE made the following remarks:
"Thank you Mr. Speaker. As Chairperson of the unveiling committee, I would like to take this opportunity to say to the committee, thank you for all of your hard work and your commitment to this project. I would like to ask each member to please stand as your name is called. Representative Joe E. Brown, Senator Maggie Glover, Representative Mack Hines, Representative David Mack, Representative Bessie Moody-Lawrence, Mrs. Sandra K. McKinney, Mrs. Diedre Brevard Smith, Mrs. Andrena Myers Davis, Mrs. Genene Green, Mrs. Marjorie Hammock, Mrs. Alice Hurley, Mrs. Janice Marshall, Mrs. Audrey Snead, Mrs. Gwen Bynoe, Mrs. Martha Richardson, the Committee."
Representative JOHN SCOTT made the following remarks:
"Mr. Speaker, my distinguished colleagues, ladies and gentlemen, I hope that you have thoroughly enjoyed this program. Again, Mr. Speaker, thank you. The Speaker has been wonderful to work with on this project and to the artist again, thank you. To the special committee chairman, Representative Brown, to the committee Chairman, Mrs. Lee, and the members of the committee again thank you. May you have a good day. At the time that we hang those portraits in the State House, please come and visit. This is a very historical occasion for African-Americans in this State. Thank you."
Representative MACK made the following remarks:
"Thank you, Mr. Speaker. May we bow our heads. God of grace, God of mercy, God of everlasting love, we thank you for Representatives Lee and Elliott. We thank you for their character, their leadership. We thank you for their shoulders on which we stand. We ask that you mandate our hearts so that we might go out with a greater level of love and understanding between the races, between the sexes and that we just do thy will in this General Assembly and out. Now may the sweet communion of the holy spirit rest and abide with each and every one of us. Amen."
SPEAKER WILKINS made the following remarks:
"Before we conclude, I want to thank all of our guests that are here today for the unveiling. We appreciate you being with us for this very special occasion and thank you for your attendance. That now concludes the House ceremony."
Rep. LIMEHOUSE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4794 -- Reps. Spearman, Knotts, Harrell, Wilkins, H. Brown, Cato, Sharpe, McAbee, Stuart, Riser, Koon, Bauer and Gamble: A CONCURRENT RESOLUTION CONGRATULATING DAVY HITE OF PROSPERITY IN NEWBERRY COUNTY ON EARNING THE BASS ANGLERS SPORTSMAN SOCIETY 1997 ANGLER OF THE YEAR AWARD.
H. 4795 -- Reps. Bauer, Koon, Knotts, Stuart, Spearman, Gamble, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION OFFERING THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR ESTEEMED FORMER COLLEAGUE, THE HONORABLE JARVIS R. KLAPMAN OF LEXINGTON COUNTY, ON THE OCCASION OF HIS UPCOMING EIGHTY-SECOND BIRTHDAY.
H. 4796 -- Rep. Cromer: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS GRATITUDE FOR THE ACCOMPLISHMENTS AND LEGACY OF THE LATE MAJOR GENERAL GEORGE MABRY, ONE OF SOUTH CAROLINA'S MOST OUTSTANDING CITIZENS AND AN AUTHENTIC AMERICAN HERO.
H. 4808 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MRS. RUTH CORLEY SIMONS OF RICHLAND COUNTY FOR HER OUTSTANDING WORK WITH V.V. REID NURSERY AND KINDERGARTEN IN COLUMBIA AND FOR HER MANY OTHER ACCOMPLISHMENTS AND DECLARING MARCH 18, 1998, AS "RUTH CORLEY SIMONS DAY" IN HER HONOR.
H. 4812 -- Rep. Wilkes: A CONCURRENT RESOLUTION CONGRATULATING THE BANK OF RIDGEWAY ON ITS ONE HUNDREDTH ANNIVERSARY.
At 12:40 P.M. the House in accordance with the motion of Rep. CLYBURN adjourned in memory of Evelyn Allen Johnson of Aiken, to meet at 10:00 A.M. tomorrow.
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