Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of our fathers and our God today, as You have sustained Your people in the past by Your strength and wisdom, likewise undergird us now by Your sheltering care and guidance. Keep us spiritually fit, pure in motive, ambitious in purpose lest we fail in true service in our places of unique responsibility. Restrain all selfishness; overrule all pettiness. Teach us the meaning of real greatness: that it is not getting but giving, not in being served but in service. And as we hear our Governor this evening, give us open minds that all working together may move this great State forward for a better today and an even better tomorrow, and doing this in harmony and goodwill.
And to You shall be all praise and thanksgiving. 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. WILKINS moved that when the House recedes that it reconvene at 6:45 P.M., which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Cable Television Association for a reception, February 3, 1987, 6:00 P.M.-8:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Parks, Recreation and Tourism for a drop-in, February 4, 1987, 7:00 P.M.-9:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Farm Bureau for Legislative Banquet, February 10, 1987, 6:00 P.M. at the Ellison Building; State Fair Grounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Auditors, Treasurers and Tax Collectors for a reception, February 11, 1987, 6:00 P.M.-8:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. State Museum for breakfast, February 12, 1987, 8:00 A.M.-10:00 A.M. at the Museum.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Electric Cooperatives for a Legislative Appreciation Dinner, February 17, 1987, 6:00 - social hour, 8:00 P.M. dinner at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Citizens Asking for a Safe Environment (CASE) for breakfast, February 18, 1987, 8:30 A.M.-10:30 A.M. in the Old Ways and Means Committee Room.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Municipal Association of South Carolina for a reception, February 18, 1987, 6:30 P.M.-8:00 P.M. at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of DuPont for a reception, February 24, 1987, 6:00 P.M.-9:00 P.M. at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Development Disabilities Council for a reception, February 25, 1987, 6:00 P.M.-9:00 P.M.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Textile Manufacturers Association for 1987 Annual Meeting, February 26-28, 1987 at the Omni in Charleston, South Carolina.
The invitation was accepted.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21-840.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2102 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-415 SO AS TO REQUIRE THAT THE RESULTS OF A COMPLETE PHYSICAL EXAMINATION OF A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY THE PETITION FOR EMERGENCY ADMISSION TO A MENTAL HEALTH FACILITY.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2191 -- Reps. Mattos, Foxworth, Harvin, Davenport, J. Brown, Clyborne, Kay, P. Harris, Shelton, Mappus, P. Bradley, J. Bradley, McEachin, Blackwell, Rice, M.O. Alexander and L. Phillips: A BILL TO PROVIDE THAT THE ENGLISH LANGUAGE IS THE OFFICIAL LANGUAGE OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT NEITHER THIS STATE NOR ANY POLITICAL SUBDIVISION THEREOF MAY REQUIRE THE USE OF ANY LANGUAGE OTHER THAN ENGLISH, AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2209 -- Reps. Thrailkill, Corning, Rudnick, Altman, Cork, Evatt, Baker, Waldrop, Hendricks, Simpson, McEachin, Harvin, Tucker, Limehouse, McElveen, Sturkie, Baxley, Neilson, T.M. Burriss, Blackwell, Cooper, Pearce, R. Brown, Lockemy, Elliott, Taylor, Gentry, Sharpe, Stoddard, Aydlette, Winstead, Rice, E.B. McLeod, Lewis, T.C. Alexander, M.D. Burriss, Holt, Chamblee, Townsend, T. Rogers, K. Bailey, Foxworth, McTeer, Wells, Rhoad, Hodges, J. C. Johnson, Derrick, P. Bradley, Hearn, Beasley, G. Brown, J. Bradley, L. Phillips, McKay, Kay, Snow, Petty, J.W. McLeod, J.W. Johnson, Hawkins, Davenport, Ogburn, Toal, Whipper, Nettles, Day, Helmly, McCain, Kohn, Hayes, Barfield, Fair, M.O. Alexander, Wilkins, Haskins, Mattos, G. Bailey, Foster, Blanding, McBride, Russell, McGinnis, Jones, Kirsh, J. Rogers, H. Brown, McLellan, Gordon, Moss, O. Phillips, Arthur, J. H. Burriss, J. Harris and Clyborne: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF DENTISTRY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2050 -- Reps. Kirsh, Klapman, Holt and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A CREWMEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BLOOD ALCOHOL TESTS AND IMPLIED CONSENT TO THE TESTS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO DEFINE CREWMEMBER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2083 -- Reps. Rice, Mattos, Fair and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY TO CHANGE THE SIZE OR MANNER IN WHICH MEMBERS OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT ARE SELECTED IF REQUESTED BY RESOLUTION OF THE DISTRICT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2158 -- Reps. Mattos, Davenport, Clyborne, Carnell, Kirsh, Shelton, Foxworth, Elliott, Mappus, Rice, P. Bradley, McElveen, T.M. Burriss, E.B. McLeod, Blackwell and M.O. Alexander: A BILL TO AMEND SECTION 34-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT SUBSEQUENT PERSONS RECEIVING A CHECK, DRAFT, OR OTHER WRITTEN ORDER BY ENDORSEMENT FROM THE ORIGINAL PAYEE OR A SUCCESSOR ENDORSEE HAVE THE SAME RIGHTS THAT THE ORIGINAL PAYEE HAS AGAINST THE MAKER OF THE INSTRUMENT.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2035 -- Reps. J. Bradley, P. Bradley and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 33 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE MILITARY ORDER OF THE PURPLE HEART.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2284 -- Rep. Boan: A CONCURRENT RESOLUTION TO INVITE WALTER Y. ELISHA, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF SPRINGS INDUSTRIES, INC., TO ADDRESS A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY AT 12:30 P.M., WEDNESDAY, MARCH 11, 1987.
On motion of Rep. BOAN, with unanimous consent, the following Resolution was taken up for immediate consideration.
H. 2284 -- Rep. Boan: A CONCURRENT RESOLUTION TO INVITE WALTER Y. ELISHA, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF SPRINGS INDUSTRIES, INC., TO ADDRESS A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY AT 12:30 P.M., WEDNESDAY, MARCH 11, 1987.
Whereas, Springs Industries, Inc., has been since its founding a leading textile industry in this State widely known for its quality products and its concern for the welfare of its employees; and
Whereas, Springs Industries, which employs the largest number of members of the State's work force, is celebrating its one hundredth anniversary this year; and
Whereas, it is the desire of the members of the General Assembly to recognize the many accomplishments of this prominent manufacturing concern and the many meaningful contributions it has made to the economy and culture of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the chairman of the board and chief executive officer of Springs Industries, Inc., Walter Y. Elisha, is invited to address the members of the House of Representatives and Senate in Joint Assembly in the Hall of the House at 12:30 p.m., Wednesday, March 11, 1987.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2227 -- Reps. Rudnick, Sharpe, Huff, Gentry and Jones: A CONCURRENT RESOLUTION URGING THE PRESIDENT AND THE UNITED STATES DEPARTMENT OF STATE TO TAKE NECESSARY AND APPROPRIATE ACTION TO ENABLE THE FAMILY OF MR. JON PATTIS OF AIKEN COUNTY TO OBTAIN VERIFIABLE INFORMATION CONCERNING THE HEALTH AND SAFETY OF MR. PATTIS, WHO IS BEING DETAINED IN SECRET BY THE GOVERNMENT OF IRAN.
On motion of Rep. RUDNICK, with unanimous consent, the following Resolution was taken up for immediate consideration.
H. 2227 -- Reps. Rudnick, Sharpe, Huff, Gentry and Jones: A CONCURRENT RESOLUTION URGING THE PRESIDENT AND THE UNITED STATES DEPARTMENT OF STATE TO TAKE NECESSARY AND APPROPRIATE ACTION TO ENABLE THE FAMILY OF MR. JON PATTIS OF AIKEN COUNTY TO OBTAIN VERIFIABLE INFORMATION CONCERNING THE HEALTH AND SAFETY OF MR. PATTIS, WHO IS BEING DETAINED IN SECRET BY THE GOVERNMENT OF IRAN.
Whereas, Mr. Jon Pattis of Aiken County initially went to Iran apparently at the request of the government of that country to assist in communications equipment repairs, and was sent there by the company for which he was working for that purpose; and
Whereas, apparently due to the long-raging war between Iraq and Iran and an incident of a militaristic nature, with which Mr. Pattis was not connected and for which he was not responsible, Mr. Pattis was detained by the Iranians and has been held in secret by them for quite a long period of time; and
Whereas, practically no information has been forthcoming from Iran during all this time concerning the safety, health, or condition of Mr. Pattis, who has a heart problem; and
Whereas, Mr. Pattis's family has been sick with worry and concern for him and greatly wishes to be able at least to learn about his safety and health; and
Whereas, the family would be grateful if some sort of action could be undertaken to obtain
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2106 -- Reps. Blackwell, M.O. Alexander and Mattos: A HOUSE RESOLUTION TO NAME THE OFFICE IN THE STATE HOUSE OCCUPIED BY THE LATE SPEAKER EMERITUS, SOLOMON BLATT, THE "SOLOMON BLATT ROOM".
On motion of Rep. BLACKWELL, with unanimous consent, the following was taken up for immediate consideration.
H. 2106 -- Reps. Blackwell, M.O. Alexander and Mattos: A HOUSE RESOLUTION TO NAME THE OFFICE IN THE STATE HOUSE OCCUPIED BY THE LATE SPEAKER EMERITUS, SOLOMON BLATT, THE "SOLOMON BLATT ROOM".
Whereas, it is appropriate that the office in the State House occupied by our late, beloved colleague, Solomon Blatt, during his long and distinguished service as Speaker of the House of Representatives and as Speaker Emeritus should carry his name. Now, therefore,
Be it resolved by the House of Representatives:
That the office in the State House occupied by the late Solomon Blatt as Speaker of the House of Representatives and Speaker Emeritus be named the "Solomon Blatt Room". The Clerk of the House of Representatives is requested to place an appropriate marker on the door of the room.
The expenses for securing and affixing the marker must be paid from the approved accounts of the House of Representatives.
The Resolution was adopted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2219 -- Interstate Cooperation Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD ALLOW A STATE TO REQUIRE THAT OUT-OF-STATE COMPANIES SELLING GOODS THROUGH CATALOG SALES IN THAT STATE COLLECT AND REMIT THE APPROPRIATE SALES TAX DUE THE STATE ON THE SALE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2205 -- Reps. Evatt, Cooper, Beasley, Fair, Lewis, L. Phillips, Hayes, Klapman, Kay, Townsend, L. Martin and Blackwell: A CONCURRENT RESOLUTION INVITING DR. BILLY GRAHAM, WORLD RENOWNED EVANGELIST, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, APRIL 29, 1987.
Ordered for consideration tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 2285 -- Reps. J. Harris, Keyserling and T. Rogers: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE HOUSE OF REPRESENTATIVES' CHAMBER ON SATURDAY, MARCH 7, 1987.
Rep. T. ROGERS moved to adjourn debate upon the Resolution for 5 minutes, which was adopted.
The following was introduced:
H. 2286 -- Judiciary Committee: A HOUSE RESOLUTION CONCERNING THE RECOMMENDATION OF THE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 95.
Five members objecting to immediate consideration the Resolution was ordered placed on the Calendar.
The following was introduced:
H. 2287 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES SECRETARY OF TRANSPORTATION TO APPROVE THE REQUEST OF PIEDMONT AIRLINES TO ESTABLISH INTERNATIONAL SERVICE BETWEEN CHARLOTTE, NORTH CAROLINA, AND LONDON.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 2288 -- Rep. Evatt: A CONCURRENT RESOLUTION INVITING MRS. ROSEMARY MAZER, NATIONAL PRESIDENT OF THE LADIES AUXILIARY TO THE VETERANS OF FOREIGN WARS OF THE UNITED STATES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1987.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 2289 -- Reps. J. Brown, M.D. Burriss, T.M. Burriss, Corning, Evatt, Faber, Hearn, McBride, T. Rogers, Taylor, Toal, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, R. Brown, J.H. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THEIR LATE COLLEAGUE, TROY L. HYATT.
Rep. TOAL explained the Resolution.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. TOAL, with unanimous consent, the House stood in silent prayer in memory of former colleague, Troy L. Hyatt.
The following House Resolution was taken up.
H. 2285 -- Reps. J. Harris, Keyserling and T. Rogers: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE HOUSE OF REPRESENTATIVES' CHAMBER ON SATURDAY, MARCH 7, 1987.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives on Saturday, March 7, 1937, from 9:00 a.m. to 5:00 p.m. for the purpose of holding a public meeting to seek input into the agency's long-range plan. If either House is in statewide session, the chamber of the House of Representatives may not be used.
Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that arrangements for the use of the House of Representatives' chamber must be made with the Clerk of the House of Representatives prior to the use of the chamber by the South Carolina Arts Commission.
Reps. T. ROGERS and KEYSERLING proposed the following Amendment No. 1, which was adopted:
Amend as and if amended by adding the following:
Be it further resolved that the South Carolina Arts Commission will pay the statutory or customary fee for the use of the House Chambers to the General Services.
Amend title to conform.
The Resolution, as amended, was adopted.
The following was introduced:
H. 2340 -- Rep. Nettles: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE R. L. COCKFIELD OF FLORENCE COUNTY ON HIS ELECTION TO THE OFFICE OF MAYOR OF LAKE CITY AND TO WISH FOR HIM EVERY SUCCESS AS HE ASSUMES THE MANTLE OF LEADERSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2290 -- Rep. E.B. McLeod: A BILL TO AMEND SECTION 24-21-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS OF PROBATION. SO AS TO DELETE THE PROHIBITION AGAINST A PROBATIONER BEING REQUIRED TO SUBMIT TO SURVEILLANCE BY ELECTRONIC MEANS, AND TO PERMIT THIS ELECTRONIC SURVEILLANCE OF A PROBATIONER.
Referred to Committee on Judiciary.
H. 2291 -- Reps. E.B. McLeod, Baxley, McElveen, G. Brown, Blanding and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-185 SO AS TO REQUIRE ANY OWNER OR OPERATOR OF A HAZARDOUS WASTE FACILITY WHOSE PERMIT TO CLOSE IS APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONTINUE POST CLOSURE CARE FOR A MINIMUM OF ONE HUNDRED YEARS FROM THE DATE OF CLOSEOUT.
Referred to Committee on Agriculture and Natural Resources.
H. 2292 -- Reps. Waldrop, McBride, Gilbert, Tucker, C. Brown, T. Rogers, J. Brown, Washington, Koon, Elliott, Arthur, P. Bradley, Mattos and Harvin: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-325 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO SPECIAL ANNUITIES OR TO ADDITIONAL CREDITABLE SERVICE ON ACCOUNT OF THEIR OUT-OF-STATE SERVICE IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ENTITLED REGARDLESS OF WHETHER OR NOT THIS OUT-OF-STATE SERVICE WAS AS A POLICE OFFICER OR IN ANOTHER CAPACITY NOT AS A POLICE OFFICER.
Referred to Committee on Ways and Means.
H. 2293 -- Reps. Waldrop, McBride, Tucker, Jones, Sharpe, G. Brown, Koon, T. Rogers, J. Brown, Washington, J.H. Burriss, Elliott, Arthur, Gilbert, P. Bradley, Mattos and Harvin: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-55 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO CREDIT FOR PRIOR SERVICE TO THE STATE OF SOUTH CAROLINA IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE ENTITLED TO CREDIT FOR THE SAME TYPE OF PRIOR SERVICE UNDER THAT RETIREMENT SYSTEM.
Referred to Committee on Ways and Means.
H. 2294 -- Reps. M.D. Burriss and Barfield: A BILL TO AMEND SECTION 12-21-2710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES AND DEVICES, SO AS TO INCREASE THE PENALTIES FOR KEEPING AND OPERATING MACHINES AND DEVICES FOR THE PURPOSE OF GAMBLING FROM A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH TO IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR A FINE OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS NOR MORE THAN FOUR THOUSAND FIVE HUNDRED DOLLARS OR BOTH FOR A FIRST OFFENSE, IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR A FINE OF NOT LESS THAN FIVE THOUSAND DOLLARS NOR MORE THAN NINE THOUSAND FIVE HUNDRED DOLLARS OR BOTH FOR A SECOND OFFENSE, AND IMPRISONMENT FOR ONE YEAR AND A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE.
Referred to Committee on Judiciary.
H. 2295 -- Reps. Rudnick, Holt, Washington and Ferguson: A BILL TO AMEND SECTION 56-5-4450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO PROVIDE THAT LIGHTS MUST BE TURNED ON AT ANY TIME WHEN THE VEHICLE'S WINDSHIELD WIPERS ARE IN USE, ARE REQUIRED TO BE IN USE, OR IT IS RAINING OR THERE IS FOG IN THE DRIVING ZONE, AND TO APPLY THE SECTION'S REQUIREMENTS TO ROADS AND STREETS IN ADDITION TO HIGHWAYS.
Referred to Committee on Education and Public Works.
H. 2296 -- Reps. Rudnick, Washington, J. Brown and Jones: A BILL TO AMEND SECTION 20-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF LIQUOR BY MINORS AND A PERSON FALSELY REPRESENTING HIS AGE FOR THE PURPOSE OF PROCURING ALCOHOLIC LIQUOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 2297 -- Reps. Rudnick, McBride, J. Brown, Huff, Jones and Washington: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF PRESCRIPTION EYEGLASSES.
Referred to Committee on Ways and Means.
H. 2298 -- Reps. Rudnick, McBride, J. Rogers, Jones, J. Brown, Petty and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1035 SO AS TO MAKE IT UNLAWFUL TO COMMIT THE CRIME OF RECKLESS ENDANGERMENT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 2299 -- Reps. Rudnick and Jones: A BILL TO AMEND SECTION 20-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENUE FOR ACTIONS FOR DIVORCE AND FOR SEPARATE SUPPORT AND MAINTENANCE, SO AS TO PROVIDE THAT THESE ACTIONS MAY BE TRIED IN THE PLAINTIFF'S COUNTY OF RESIDENCE IF THE DEFENDANT ACCEPTS SERVICE OF PROCESS WHEN THE ACTION IS BROUGHT IN THE PLAINTIFF'S COUNTY OF RESIDENCE AND DOES NOT MOVE FOR A CHANGE OF VENUE AS PROVIDED BY LAW.
Referred to Committee on Judiciary.
H. 2300 -- Reps. Rudnick and Jones: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE A PROCEDURE FOR RECALLING AND REMOVING FROM OFFICE CERTAIN OTHER PUBLIC OFFICIALS OF THIS STATE OR POLITICAL SUBDIVISIONS.
Referred to Committee on Judiciary.
H. 2301 -- Reps. Rudnick, Blackwell, Jones and Washington: A BILL TO AMEND SECTIONS 38-3-60 AND 38-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT BEGINNING IN 1988 THE CHIEF INSURANCE COMMISSIONER MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.
Referred to Committee on Judiciary.
H. 2302 -- Reps. Rudnick, T. Rogers, Taylor, J. Brown and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 31, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, BY ADDING SECTION 58-31-410 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY SHALL HOLD A PUBLIC HEARING IN COLUMBIA PRIOR TO IMPOSING ANY RATE INCREASE AND TO PROVIDE THAT THE STATE CONSUMER ADVOCATE HAS A RIGHT TO APPEAR AT THE HEARING AND HAS THE RIGHT OF PRIOR ACCESS TO THE APPROPRIATE RECORDS OF THE AUTHORITY PERTAINING TO THE RATE INCREASE.
Referred to Committee on Judiciary.
H. 2303 -- Reps. Rudnick and Sharpe: A BILL TO AMEND SECTIONS 20-7-1370 AND 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT BEGINNING IN 1988, FAMILY COURT JUDGES FOR A CIRCUIT MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE CIRCUIT IN NONPARTISAN ELECTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED.
Referred to Committee on Judiciary.
H. 2304 -- Reps. Rudnick, Washington and Ferguson: A BILL TO AMEND CHAPTER 1, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-1-335 SO AS TO REQUIRE CERTAIN NOTICE TO BE SENT TO PERSONS IN POSSESSION OF A MOTOR VEHICLE BEFORE THE VEHICLE MAY BE SEIZED OR REPOSSESSED BY A LAWFUL OWNER OR CREDITOR WITHOUT INSTITUTING JUDICIAL ACTION, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary.
H. 2305 -- Rep. Rudnick: A BILL TO AMEND SECTION 2-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE OATH OF OFFICE TO MEMBERS OF THE GENERAL ASSEMBLY ELECTED IN A GENERAL ELECTION MUST BE ADMINISTERED TO THEM AT 11:00 A.M. ON THE MONDAY FOLLOWING THE ELECTION BY THE CLERK OF COURT OF THEIR COUNTY OF RESIDENCE AT THE COUNTY COURTHOUSE.
Referred to Committee on Judiciary.
H. 2306 -- Reps. Rudnick, Sharpe and Jones: A BILL TO REQUIRE AUTOMOBILE INSURERS TO CONSIDER IN DETERMINING PREMIUM CHARGES THE DRIVING RECORD OF AN APPLICANT OR INSURED OVER A SPECIFIED TWO-YEAR PERIOD AND THE MOTOR VEHICLE'S CAPABILITY OF PROTECTING OCCUPANTS AND WITHSTANDING EXTENSIVE DAMAGE.
Referred to Committee on Judiciary.
H. 2307 -- Reps. Rudnick, Huff, Jones, Taylor, Gordon, McBride and Faber: A BILL TO AMEND SECTION 15-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAMAGES IN CASES OF DEATH BY WRONGFUL ACT AND LYNCHING, SO AS TO PERMIT RECOVERY FOR THE FULL VALUE OF THE LIFE OF THE DECEDENT WITHOUT DEDUCTION FOR CERTAIN PROJECTED EXPENSES.
Referred to Committee on Judiciary.
H. 2308 -- Reps. Rudnick, White, Huff, Sharpe, Koon, Arthur and Nesbitt: A JOINT RESOLUTION TO AMEND SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT BEGINNING IN 1990, ALL MAGISTRATES MUST BE ELECTED IN THE MANNER THE GENERAL ASSEMBLY PROVIDES IN A NONPARTISAN ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Referred to Committee on Judiciary.
H. 2309 -- Reps. Rudnick, Gordon, Jones, Koon, McGinnis and Wells: A BILL TO AMEND SECTIONS 58-3-20, 58-3-30, AND 58-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR THE POPULAR ELECTION OF ONE COMMISSIONER FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND ONE COMMISSIONER FROM THE STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, 58-3-24, AND 58-3-25 RELATING TO THE MERIT SELECTION PANEL AND OTHER SIMILAR MATTERS PERTAINING TO THE ELECTION OF PERSONS TO THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Judiciary.
H. 2310 -- Reps. Rudnick, Jones and Foxworth: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
Referred to Committee on Judiciary.
H. 2311 -- Reps. Rudnick and Washington: A BILL TO ENACT THE SOUTH CAROLINA AUTOMOTIVE REPAIR ACT OF 1987 SO AS TO REGULATE THE AUTOMOTIVE REPAIR BUSINESS.
Referred to Committee on Labor, Commerce and Industry.
H. 2312 -- Rep. Rudnick: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 63 SO AS TO PROVIDE FOR A TAX ON RAILROADS AND TO PROVIDE FOR ALLOCATION OF THE PROCEEDS OF THE TAX FOR RAIL GRADE SEPARATIONS AND RAIL CROSSING PROTECTION DEVICES.
Referred to Committee on Ways and Means.
H. 2313 -- Reps. Rudnick, McBride and Jones: A BILL TO REQUIRE ALIENS AND AGENTS AND SERVANTS OF ALIENS WHO OWN REAL PROPERTY FOR THE BENEFIT OF ALIENS TO FILE A REPORT OF REAL PROPERTY OWNERSHIP WITH THE SECRETARY OF STATE AND TO PROVIDE FOR A PENALTY.
Referred to Committee on Judiciary.
H. 2314 -- Reps. Rudnick and Jones: A BILL TO CREATE THE SOUTH CAROLINA FILM AND MOTION PICTURE SOLICITATION COMMISSION AND TO PRESCRIBE ITS FUNCTIONS, DUTIES, AND POWERS.
Referred to Committee on Labor, Commerce and Industry.
H. 2315 -- Reps. Rudnick, Washington and Jones: A BILL TO CREATE THE SOUTH CAROLINA HOSPITAL COMMISSION, TO PROVIDE ITS DUTIES AND RESPONSIBILITIES, AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2316 -- Rep. Rudnick: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF JUDGES FOR THE CIRCUIT COURTS, SO AS TO PROVIDE THAT THE QUALIFIED VOTERS OF THE STATE ELECT THE JUDGES.
Referred to Committee on Judiciary.
H. 2317 -- Reps. Rudnick and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-215 SO AS TO PROVIDE THAT ANY CANDIDATE WHO EXECUTES A CERTAIN CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION TO A PARTICULAR OFFICE IN THAT PARTY'S PRIMARY ELECTION AND WHO IS LATER ELECTED TO THAT OFFICE IS REQUIRED TO RESIGN THIS OFFICE FIRST BEFORE HE MAY CHANCE HIS POLITICAL PARTY AFFILIATION.
Referred to Committee on Judiciary.
H. 2318 -- Reps. Rudnick, Jones and Whipper: A BILL TO PROVIDE THAT IF ANY PUBLIC UTILITY OPERATING IN THIS STATE DESIRES TO DISCONNECT THE ELECTRICITY, TELEPHONE, GAS, WATER, OR OTHER SERVICE PROVIDED A CUSTOMER WHILE THAT UTILITY HAS A PROPOSED RATE INCREASE IN EFFECT UNDER BOND, THE CUSTOMER MUST RECEIVE CERTAIN NOTIFICATION BEFORE THE UTILITY DISCONNECTS THE SERVICE, AND TO PROVIDE THAT UPON THIS DISCONNECTION AND UPON THE CUSTOMER'S REQUEST TO BE REINSTATED, NO RECONNECTION FEE MAY BE CHARGED BY THE UTILITY SO LONG AS IT HAS A PROPOSED RATE INCREASE IN EFFECT UNDER BOND.
Referred to Committee on Labor, Commerce and Industry.
H. 2319 -- Reps. Rudnick, Jones, Huff, Felder, Gregory, J.H. Burriss and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-37-325 SO AS TO PROVIDE THAT WHEN PROMULGATING RISK CLASSIFICATION PLANS OR RATES FOR MOTOR VEHICLE LIABILITY INSURANCE FOR PERSONS EIGHTEEN YEARS OF ACE AND OVER THE ONLY CRITERIA THAT MAY BE USED TO DIFFERENTIATE BETWEEN THESE PERSONS IS THEIR DRIVING RECORDS.
Referred to Committee on Labor, Commerce and Industry.
H. 2320 -- Reps. Rudnick, Taylor, Huff, Jones and Whipper: A BILL TO AMEND SECTION 56-5-2715, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOP SIGNS AND REQUIRED STOPS AT DANGEROUS RAILROAD CROSSINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITH RESPECT TO STATE HIGHWAYS AND COUNTIES AND MUNICIPALITIES WITH RESPECT TO HIGHWAYS WITHIN THEIR JURISDICTION SHALL PLACE WHITE LINES ACROSS THE LANES APPROACHING THESE DANGEROUS CROSSINGS AND TO PROVIDE THAT AT THOSE HIGHWAY AND RAILROAD GRADE CROSSINGS LOCATED WITHIN ONE-HALF MILE OF A CHURCH OR SCHOOL, THE RAILROAD COMPANY OPERATING THE RAILROAD SHALL PLACE AND MAINTAIN AN ILLUMINATED FLASHING RED SIGNAL ON THE HIGHWAY ON EACH SIDE OF THE CROSSING.
Referred to Committee on Education and Public Works.
H. 2321 -- Reps. Rudnick, Aydlette, McGinnis, Wells, Whipper and Taylor: A BILL TO PROVIDE THAT A PERSON SUBDIVIDING REAL PROPERTY INTO FIVE OR MORE LOTS ONTO WHICH RESIDENTIAL HOMES OR COMMERCIAL BUILDINGS MAY BE CONSTRUCTED SHALL MEET CERTAIN REQUIREMENTS RELATING TO THE DRAINAGE OF EXCESS WATER ACCUMULATION BEFORE THESE LOTS MAY BE SOLD TO ANOTHER PERSON, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 2322 -- Reps. Rudnick, H. Brown, Aydlette, Cordon, Faber, Koon and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-295 SO AS TO PROVIDE THAT ANY PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND UPON CONVICTION MUST BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH IS SUSPENDED AND FOR WHICH PAROLE MUST NOT BE GRANTED FOR ANY PORTION, AND TO PROVIDE THAT THIS SENTENCE MUST NOT BE SERVED CONCURRENTLY WITH ANY OTHER SENTENCE GIVEN THE OFFENDER.
Referred to Committee on Judiciary.
H. 2323 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.
Without reference.
H. 2324 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR PREGNANT AND BREASTFEEDING WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.
Without reference.
H. 2325 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO NOTIFICATION OF CANCELLATION OF INSURANCE POLICY; PROOF OF FINANCIAL RESPONSIBILITY FORMS; REPEAL 63-454 (FORMS), DESIGNATED AS REGULATION DOCUMENT NUMBER 754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2326 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 731, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2327 -- Rep. Ferguson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-375 SO AS TO REQUIRE INSURANCE COMPANIES SELLING POLICIES OF INDUSTRIAL LIFE INSURANCE TO NOTIFY POLICYHOLDERS BY CERTIFIED MAIL WHEN TOTAL PREMIUMS PAID EQUAL THE FACE VALUE OF THE POLICY.
Referred to Committee on Labor, Commerce and Industry.
H. 2328 -- Reps. Gregory, White, McTeer, Rhoad and Wilder: A BILL TO AMEND SECTION 50-11-986, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING IN GAME ZONE 11, SO AS TO PROVIDE THAT FOXES MAY BE HUNTED AS PROVIDED BY SECTION 50-11-400 INSTEAD OF AS PROVIDED BY SECTION 50-11-750.
Rep. GREGORY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. PEARCE objected.
Referred to Committee on Agriculture and Natural Resources.
H. 2329 -- Reps. Huff, Sheheen, Toal and Hayes: A BILL TO AMEND SUBARTICLE 1 OF ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABUSED, NEGLECTED, AND DELINQUENT CHILDREN, BY ADDING SECTION 20-7-770 SO AS TO REQUIRE THAT CERTAIN CONVICTIONS OF CRIMES BY JUVENILES BE REPORTED TO THE STATE LAW ENFORCEMENT DIVISION, TO REQUIRE THAT THIS INFORMATION BE ADMISSIBLE ONLY AT THE SENTENCING PHASE OF A TRIAL, AND PROVIDE A PENALTY FOR UNAUTHORIZED DISSEMINATION.
Referred to Committee on Judiciary.
H. 2330 -- Reps. Haskins, Sharpe, Baker, Blackwell, Neilson, Clyborne, Huff, J.C. Johnson, Wells, P. Bradley and Corning: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOME INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 739, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23 OF TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
H. 2331 -- Reps. Pearce and Foxworth: A BILL TO AMEND SECTIONS 48-45-20, 48-45-40, 48-45-50, 48-45-60, 48-45-70, AND 48-45-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SEA GRANT CONSORTIUM, SO AS TO DELETE SECRETARY-TREASURER FROM THE LIST OF OFFICERS REQUIRED, TO CHANGE THE NAME OF SEA GRANT DIRECTOR TO THE CONSORTIUM DIRECTOR, AND TO PROVIDE ADDITIONAL POWERS AND DUTIES FOR HIM, AND TO REPEAL SECTIONS 48-45-30 AND 48-45-90 RELATING TO THE PRINCIPAL OFFICE OF SEA GRANT CONSORTIUM AND TO ASSOCIATE SEA GRANT DIRECTORS.
Referred to Committee on Agriculture and Natural Resources.
H. 2332 -- Reps. Pearce and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-1121 SO AS TO DEFINE "WHOLESALER" FOR THE PURPOSES OF CERTAIN SALES OF TELEVISION CABLE, CABLE TELEVISION SERVICE, OR CABLE SERVICE WITH RESPECT TO THE CIRCUMSTANCES UNDER WHICH THE LICENSE AND THE SALES OR USE TAX OF CHAPTER 35 OF TITLE 12 IS NOT TO BE IMPOSED.
Referred to Committee on Labor, Commerce and Industry.
H. 2333 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, BY DELETING PROVISOS RELATING TO RESTRICTIONS ON THE USE OF FUNDS FROM THE SETTLEMENT OF THE NURSING HOME LAWSUIT AND AUTHORITY TO CARRY OVER UNSPENT MEDICAID FUNDS TO DEVELOP A HEALTH MAINTENANCE ORGANIZATION PILOT PROJECT AND TO PROVIDE THAT STATE FUNDS MADE AVAILABLE AS A RESULT OF THE DELETIONS MUST BE USED TO REDUCE THE CURRENT MEDICAID DEFICIT.
Referred to Committee on Ways and Means.
H. 2334 -- Reps. Gregory and McTeer: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
Referred to Committee on Judiciary.
H. 2335 -- Rep. McAbee: A BILL TO AMEND ACT 425 OF 1986, RELATING TO THE METHOD OF APPLYING DELINQUENT TAXES WHEN RECEIVED BY THE TREASURER OR DELINQUENT TAX COLLECTOR, SO AS TO PROVIDE THAT DELINQUENT TAXES MUST BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY ON THE PROPERTY ON WHICH THE DELINQUENT PAYMENT IS MADE RATHER THAN THE OLDEST OUTSTANDING DELINQUENCY.
Referred to Committee on Ways and Means.
H. 2336 -- Reps. Gregory and White: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR PARTICULAR STATE AGENCIES, COMMISSIONS, AND BOARDS, SO AS TO DELETE THE JOINT LIAISON COMMITTEE ON SMALL BUSINESS WHICH IS SCHEDULED FOR TERMINATION ON JUNE 30, 1987.
Referred to Committee on Labor, Commerce and Industry.
H. 2337 -- Reps. Gregory and White: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2338 -- Reps. Whipper, Aydlette, Washington, Holt, D. Martin and Dangerfield: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE GOVERNING BODY OF THE SCHOOL DISTRICT FROM NINE TO ELEVEN MEMBERS, TO PROVIDE FOR THEIR INITIAL APPOINTMENT, AND TO PROVIDE FOR THEIR ELECTION FROM SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED RATHER THAN FROM PREVIOUS ENUMERATED DISTRICTS.
Referred to Charleston Delegation.
H. 2339 -- Reps. Beasley, T.M. Burriss, Toal, T. Rogers and Klapman: A JOINT RESOLUTION TO PROVIDE THAT FOR 1988 ONLY, ANY CERTIFIED POLITICAL PARTY MAY HOLD A STATE CONVENTION NO LATER THAN APRIL SIXTEENTH.
On motion of Rep. BEASLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Winstead
I came in after the roll call and was present for the Session on January 28, 1987.
Paul Short Bob Helmly H.E. Brown, Jr. Fred Day Larry E. Gentry Dave C. Waldrop
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, January 27, 1987.
Rep. HARRIET KEYSERLING
Announcement was made that Fletcher C. Derrick, Jr., of Charleston is the Doctor of the Day for the General Assembly.
The following Joint Resolution was taken up.
S. 284 -- Senator Shealy: A JOINT RESOLUTION CALLING FOR A SPECIAL ELECTION ON TUESDAY, FEBRUARY 24, 1987, TO FILL A VACANCY ON THE LEXINGTON COUNTY BOARD OF EDUCATION FROM SCHOOL DISTRICT THREE.
Reps. DERRICK, KLAPMAN, KOON and STURKIE proposed the following Amendment No. 1 (Doc. No. 1597Y), which was adopted.
Amend the Joint Resolution, as and if amended, in SECTION 1, line 2, by striking /February 24/ and inserting /April 28/ and on line 5 by inserting after /1978./ /All candidates for office must qualify by March 29, 1987. /
Amend totals and title to conform.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF " PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
Rep. CORNING proposed the following amendment No. 1.
Amend as and if amended.
On page 7 - Section 6 (a) (S) second sentence Section 6, Section 30-4-70.
(a) (5) To read in the second sentence "Any formal action taken in executive session shall thereafter be ratified in public session prior to such action becoming effective."
Rep. TOAL explained the amendment.
Rep. J. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. TOAL, with unanimous consent moved that the roll of the House be added to H. 2289, which was agreed to.
Rep. CLYBORNE asked unanimous consent to have his name added as a co-sponsor of H. 2083, which was agreed to.
The motion period was dispensed with on motion of Rep. WINSTEAD.
The Senate returned to the House with concurrence the following:
H. 2277 -- Reps. Taylor, J. Brown, McBride, Faber, T. Rogers, Toal, Corning and Evatt: A CONCURRENT RESOLUTION TO CONGRATULATE COACH GEORGE E. GLYMPH AND THE EAU CLAIRE SHAMROCK BASKETBALL TEAM OF EAU CLAIRE HIGH SCHOOL OF COLUMBIA IN RICHLAND COUNTY ON WINNING THE 1986 BEACH BALL CLASSIC IN MYRTLE BEACH IN DECEMBER, 1986.
H. 2278 -- Reps. Klapman, Sharpe, Felder, Sturkie, J.H. Burriss, Koon and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. RAMSAY GARRISON LATIMER OF WEST COLUMBIA UPON HIS DEATH.
H. 2281 -- Rep. Nettles: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE L.O. "BUDDY" LAMB FOR HIS LOYAL AND DEVOTED SERVICE AS A MEMBER OF THE FLORENCE COUNTY COUNCIL.
H. 2282 -- Rep. Nettles: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE CARLTON J. "RED" GASKINS OF FLORENCE COUNTY, FORMER MAYOR OF LAKE CITY, FOR HIS DEDICATED AND DEVOTED SERVICE TO THE CITIZENS WHILE SERVING IN THAT OFFICE AND TO EXTEND BEST WISHES UPON HIS RETIREMENT FROM THAT OFFICE.
Further proceedings were interrupted by the House receding until 6:45 P.M.
At 6:45 P.M. the House resumed, the SPEAKER in the Chair.
On motion of the SPEAKER, the House stood at ease subject to the call of the Chair.
At 6:58 P.M. the House resumed, the SPEAKER in the Chair.
At 6:59 P.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.
H. 2111 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 28, 1987.
Governor Campbell was escorted to the rostrum by Senators Dennis, Wilson and Mitchell and Reps. T.M. BURRISS, WILKINS and DANGERFIELD.
The PRESIDENT introduced Governor Campbell who then addressed the Joint Assembly as follows:
"Mr. President, Mr. Speaker, members of the General Assembly, my fellow South Carolinians, and especially a hello to my son, Mike, who is confined in the hospital tonight:
I welcome this opportunity to report to you on the general condition of the State of South Carolina and to present to you programs for your consideration in this legislative year.
It's good to be back home in South Carolina, Mr. President and Mr. Speaker, especially in the General Assembly, where I served a number of years with many of you, and where I made some lasting friendships.
We have worked together before and we will work together again. We will build bridges of cooperation and conciliation that transcend partisan politics in order to build a better South Carolina.
Fourteen days ago I assumed the role of Chief Executive of the State of South Carolina, and shared with you then my vision for the state. Tonight I will report to you on the state of the state as I see it and will make specific recommendations on fulfilling the hopes and the dreams that I hope we all share: Providing better opportunities for all South Carolinians.
In my inaugural address I talked about the true heroes of South Carolina past and present. One was Dr. Ron McNair, the astronaut who died in the space shuttle disaster. Today is the first anniversary of the tragic flight of the Challenger, and out of respect for Ron McNair and his family, I ask that we pause for a moment of silence in remembrance of a great South Carolinian who gave his life to better this entire state. If you would stand a moment and join me.
Thank you. Tonight I want to tell you about another hero, a hero right here at home. Last Thursday Charles Page, who commutes to Columbia going to school, spotted a car that ran off the road into a lake in Columbia. He stopped his car, with no thought for his own safety, he dove into the cold water and he pulled Mrs. Thomasina Davenport from the cold water of that lake and that sinking vehicle. His quick and selfless action saved Mrs. Davenport's life. I would like the General Assembly to greet Charles Page and Mrs. Davenport who have joined us tonight in the balcony. I would ask Mr. Page and Mrs. Davenport to stand, please. There's a new story involved with Mr. Page and Mrs. Davenport. I told you that he was coming back and forth, commuting from Sumter to go to school. Mrs. Davenport and her family have asked him to stay with them while he goes to school, rather than have to take that long commute. So two good things came out of a very tragic situation.
People helping people. People working together for the good of all. That's South Carolina. Unselfish people. Caring people. Disciplined people. Our challenge as the elected representatives of the people is to create a climate in which every individual has the opportunity to realize his or her fondest dream. We can meet this challenge and we shall meet it if we work together.
My travels across this state during the last year have convinced me that the people have four priorities that I know of:
--They want more accountability for their tax dollars and they're tired of overspending and budgeting chaos.
--They want more jobs and a higher standard of living which means more people paying taxes, not the same people paying more taxes.
--They want a system of education that gives every child the opportunity to achieve a good education and they want accountability in that system.
--And the people want fairness restored in the area of insurance in this state.
I agree with these priorities. Budgeting reform, education, economic development and automobile insurance reform are my priorities.
As we complete the first month of a new year, the state of the state is really a state of transition. Commitments have been made. Now they must be honored. Systems within government have been built. Now they must be managed. Bold initiatives have been taken. They must be fine tuned and paid for.
What I offer tonight is not something for everyone. A planned approach is what I offer, a planned approach offering a government responsive to real needs and responsible for its actions.
With this in mind let me say the most urgent challenge confronting us is to develop a responsible budget process which frees us from the shackles of mid-year budget cuts.
The budget process goes to the heart of our ability to govern. It in large measure determines the quality of services our people receive for their tax dollars. It even dictates how many tax dollars our citizens pay.
Here's the state of the budget process today:
*We've had mid-year budget cuts five years out of the last seven years and we are facing another round of budget cuts before the end of this fiscal year.
*These cuts disrupt the entire operation of state government. Our inability to discern good programs from bad programs forces cuts for everyone.
*We therefore have locked ourselves into a cycle where priorities are disrupted and programs are thrown into confusion.
Our problems don't stem from a lack of money, because state general fund revenues have increased every year of this decade. What would have happened if we hadn't had increases? Spending is growing faster than revenues in South Carolina. That's the basic problem. We've locked ourselves into funding formulas with automatic increases and we've been locked into certain spending patterns by federal mandates.
We also need to face the fact that we rarely question or examine the base budget in this state. We ask agencies to justify only increases in their funding--and not their current level of spending.
Mid-year budget cuts. Spending growth exceeding revenue growth. Unquestioning acceptance of the base budget. As a result of these problems, the amount of money available for new programs in economic development, education and other areas is continually declining.
These problems mean something to you. They mean that the elected officials do not control the budget. They mean that it is really controlled by unelected administrators, who set the priorities within agencies. It's controlled by funding formulas, and it's controlled by federal mandates.
They also mean constant pressure to raise taxes and we've raised taxes in South Carolina eleven times in the last seven years. The pressure's real, and the system responds to it. My position is this: We dare not even consider any general tax increases while our budgetary house in this state is out of order. To consider any general tax increase would be shirking our responsibility and breaking faith with the people who sent us here to make tough decisions.
The Tax Commission tells me that if we just had three percent better compliance in paying taxes--Just three percent--then it would mean $90 million a year to the treasury. Tonight I propose a covenant with the taxpayers of the state of South Carolina: I'll do my duty to make sure your money is spent wisely and you do your duty by complying with the tax laws of this state. It's essential we all make that type of covenant.
Of course, with every problem comes opportunity, and this is no exception. The seriousness of our plight today creates an opportunity for fundamental reform that will serve the taxpayers well for many years to come. While we can't accomplish everything in one year, we can take some immediate steps to improve the situation.
I therefore will submit for your consideration legislation that limits general fund appropriations in one fiscal year to the actual general fund revenue that was collected the preceding calendar year, plus a growth rate of no more than five percent. The Board of Economic Advisers, under this legislation, would be required to submit its final estimate by January 31st of each year. I also propose that any surplus revenue -- and there will be some surplus revenue some years -- be used for the capital expenditure fund, which could assist in building schools and projects to meet our infrastructure needs in this state.
Had this proposal been adopted before the decade began, we would have eliminated all of the mid-year budget cuts that we've gone through.
Tying base budgets into actual collections will give us solid facts to work with...not murky, unrealistic economic forecasts. And capping the growth rate to a maximum of five percent will instill discipline in a process that today has no discipline.
I am asking you to approve the budgeting process as you deliberate the budget for fiscal year 1987-88.
But, even with budgeting reform, we still can't pay for the programs we've committed ourselves to. We must separate our wants from our needs and we must fund our needs in this state through economic growth, if we are to pay for the commitments that we've made. I pledge my best effort to this endeavor. To help accomplish economic development I shall appoint a South Carolina Council on Competitiveness made up of business leaders from across the state. The Council will have staff support from the Development Board and will constantly monitor the regulations and the tax laws of our State to make sure that we remain competitive with other states.
I shall seek a constitutional amendment to allow payments in lieu of taxes, as other states have done, so that we may negotiate with companies that are seeking to locate in South Carolina. We are at a distinct disadvantage in this area.
In order to help new companies get started I am proposing a state-wide private sector capital seed fund to invest in new businesses in South Carolina. This will provide needed capital to small and minority businesses, particularly in agriculture and aquaculture. An incentive to invest in such a fund would be that a portion of the funds could be deducted from state income taxes. This is a plan that has been adopted in a number of other states.
In tax changes that will help us be more competitive, I recommend a credit against state taxes for infrastructure improvements that are paid for by any private company in projects that have been state accredited. And I propose that eligible projects be approved by the Coordinating Council on Economic Development.
I also propose an expansion of the job tax credit which today is limited to less than half of our counties. The more rural or poorer counties and agriculture/aquaculture investments should have a larger credit, but it should be available statewide. Further, I propose to modify the South Carolina corporate franchise and corporate income tax. I propose that to remove disincentives for investments in South Carolina. Today, a company with new investments in South Carolina will pay a higher rate than a company with only expanded sales. That means that a company could do business from outside the state and get a cheaper rate than a company that invested and expanded their investments here. That works against us, ladies and gentlemen.
I further propose a reduction in the tax on airline fuels for any airline that will establish a hub in South Carolina and have a minimum of ten flights out every day going to at least five cities outside of South Carolina. It is absolutely essential if we are going to grow and compete in the business world, that we have an airline hub established in the State of South Carolina. And we're going to try to get one.
One of the major complaints that I heard throughout the year was that it is so difficult to get the proper forms in this state to start a new business. I therefore am proposing that we create an office of Business Ombudsman in the Office of the Governor. I shall do this out of existing funds. This office will aid new businesses, or businesses that are interested in expanding, in putting together all of the forms that they might need for that effort. And while I am at this let me say that next month the Tax Commission will start a program where any new business can get all of its tax forms at one place, instead of having to go to different divisions to pick up tax forms. It's a step in the right direction that will complement the actions we are taking, and I applaud them for taking that action. We must make it easier to go in business in this state, but we can't do anything without long-term strategic planning. The Coordinating Council for Economic Development is charged with long-term strategic planning and I pledge my support in working with them in that endeavor. But as we speak of long-range strategic planning let us also be keenly aware of water development and highway development, which are integral parts of the infrastructure package of this state, and must be a part of the long-range plan. We have to plan for the future in these areas.
In order to build the infrastructure of this state, which is desperately needed, I am endorsing a proposal put forward by the State Treasurer Grady Patterson to create an infrastructure bank under the Budget and Control Board. Such an infrastructure bank would package and distribute loans at a lower cost to the subdivisions of this state in order to build water and sewer projects. They are aimed at aiding economic development.
In addition, I am creating a Water Coordinating Council, by Executive Order, between the Department of Health and Environmental Control, the Division of Local Government of the Budget and Control Board, the Coordinating Council on Economic Development, the Water Resources Commission and the State Treasurer. This Council will coordinate efforts to utilize and leverage federal funds with state funds as we create low interest loans for the development of water and sewer projects throughout South Carolina. The efforts will complement, not duplicate, the effort of the infrastructure bank.
In the area of highway development, we should have a plan that is comprehensive and funded entirely by itself. In order to fund such a plan, I make several proposals. One, I propose that we support efforts in the Congress of the United States to amend the federal highway legislation to allow the use of 4-R operating and maintenance funds to go into highway construction funds in conjunction with state funds. This should be able to free an estimated 12 million dollars for construction purposes. I also propose that we back the federal legislation which would eliminate the prohibition against the use of a mixture of federal funds and any funds that are derived from tolls on any roads to give us other options to work with.
And finally I propose that if we're going to build an infrastructure in highways in this state, they are going to open up parts of South Carolina not now open. That when we put the package together, the counties, in a part of the strategic plan use a portion of their "C" funds in the mixture, to help to pay for those things that will open up their counties. We dare not look and we should not look for any new tax money until you have explored all of these items.
And finally, in the area of economic development let me say this. I believe it is the Governor's responsibility to be the chief ambassador for our State and the chief salesman. Accordingly I will devote every effort to doing just that. Budgetary reforms and economic development are not ends in themselves. They are essential components to a process to create better opportunities for our citizens. But there is another essential component: Education. Despite budget problems and shortfalls and other pressing matters, we cannot back away from our commitment to fund the future.
We have tough decisions to make. The 25 percent sales tax increase has fallen short, and therefore promises which were made are difficult to fund out of revenues that don't come. State Superintendent of Education Charlie Williams recently noted: 'It is painfully obvious...that we as a state have envisioned, planned and initiated more programs than we (can) fund.'
We therefore must establish priorities and use as our major criteria those programs which are absolutely vital for our children. I will work closely with you in establishing those priorities.
In my opinion we have little choice but to stay on track in fighting adult illiteracy which, despite our efforts, continues to cast a shadow over progress in education. And we cannot forsake that vast number of young people who are looking to vocational education as the way to break into the sunlight of opportunity. Sufficient time must be given and access made easy for every student who chooses this course of study.
But as we fight budget problems to keep our short-term commitment to education, let us acknowledge that if we are truly dedicated to upgrading education in this state long-term, we must at some point lower the pupil-teacher ratio in kindergarten and get a foundation under the children.
We know from experience that children who get off to a bad start often wind up with a bad finish. Our challenge in future years is to find the money to get more children off to a good start.
We need to provide students who excel in math and science an accelerated foundation from which to branch out to colleges and universities and into business and industry. It is important to our long-term plan to establish a full-time school for Math and Science for gifted eleventh and twelfth grade students so we can keep the best and brightest in South Carolina.
The state has affirmed that an important part of excellence in education starts with competent teachers and a commitment was made to take the teachers of this state to the southeastern average in salary. This has been accomplished and I will support every effort to maintain that average this year, and I hope that you will join me in that effort. For the 1987-88 year, that is the answer. However, we must recognize that a larger and larger percentage of Education Improvement Act funds is going to salaries and in the future, you of the General Assembly and I must have to face the fact that we will have to decide which programs are funded and how the money is to be divided.
But, as we strive to maintain competitive salary levels, and as we strive to improve opportunities, we must not back off from insisting on the highest possible standards for teachers. Any lowering of objective standards for teachers will lead to mass mediocrity among teachers and students alike. This we cannot tolerate. Indeed, we must continue our efforts to find the means to reward our best teachers for their performance.
It is estimated that the school building program is from one to two billion dollars behind because of insufficient funds. I have no quick or easy answers for you tonight. But I do recommend that we establish a bond pool at the state level for construction and renovation to make low interest monies available.
As we grapple with funding education this year, I want to add a word of caution: We should not raid the Education Finance Act. That is short-sighted, to go into the Education Finance Act to fund other programs. You don't take bricks out of the foundation of a house to build a chimney.
I remain opposed to modifying the Basic Skills test, the minimum achievement standards or the exit exam requirement even though the spring failure rate was high. Finally, let me say it's not right for us to mandate programs we don't pay for. When we do this, the school districts must pay for them and the costs go right back to property owners, whose property taxes are too high already.
Two other key components to education excellence are our institutions for technical and higher education. I strongly recommend that the General Assembly, through the budgeting process, redefine the missions of both to their original missions.
We can't have a system of higher education that will provide opportunities to everybody, but every institution of higher education can't provide every opportunity. We don't have the money to fund it. Technical education should train people for existing jobs and should not be involved in the same academic curricula available at four-year state universities unless there are no state colleges or universities in the area. Conversely, state universities have no business offering remedial courses which are available in other schools in the area.
If we are to meet our goals of economic development which are so critical to our future, our universities must be heavily involved in research and development for tomorrow's businesses and industries. This is where the action is; this is where the jobs are.
I therefore call upon the General Assembly to support the Research Investment Act, which will link the University of South Carolina, Clemson and the Medical University of South Carolina into a strong and vibrant research and development entity. The General Assembly should make a commitment to fund a portion of this project. I recognize that we are short, but it is a step that we should take. Any savings resulting from elimination of remedial education at our universities should go towards funding this effort.
Budgetary reform, economic development and education...three cornerstones for building for the future. But there's a fourth area which needs elaboration: The area of insurance. It has been my contention for quite some time that South Carolina is out of line in certain key insurance categories. The cost of insurance goes right to the pocketbooks of business people and individuals throughout the state and it is therefore our duty to address these problem areas.
First, automobile liability insurance. Our rates for good drivers are way out of line.
In 1984 South Carolina had the fourteenth highest average automobile insurance premium in the nation. Statistics have shown that the rate for a 35 year old male with a good driving record and driving a new Chevrolet Caprice in South Carolina is 25.8% higher than in Augusta, Georgia and 63.8% higher that Raleigh, North Carolina. The difference in premiums between Raleigh and Columbia means about five weeks worth of groceries for the average family. That is the price that we're paying. Or, as stated by the report of the Joint Legislative Automobile Liability Insurance Study Committee, chaired by Senator Saleeby: 'The Committee continues to be concerned over the fact that a relatively small and predominately rural state with low per capita income can have rates higher than states such as Ohio, Indiana, Illinois, Nebraska and Florida.'
Major automobile insurance reform is clearly needed in South Carolina. Any reform, however, should be consistent with four main goals: (1) maintaining compulsory insurance; (2) prohibiting any form of subjective underwriting; (3) correcting the practice of good drivers subsidizing bad drivers too much; and (4) significantly cutting losses in the reinsurance facility, which in 1986 reached 100 million dollars.
To accomplish these goals I propose a system of redistributing reinsurance facility losses so that the automobile insurance companies would no longer be allowed to include these huge losses in their base rate filings. Instead, the annual facility loss should be divided in some proportion between the drivers with clean records and those with chargeable accidents and traffic violations, with the heaviest burden falling on bad drivers. Since the prior facility losses would be eliminated from the base rates, the net result should benefit good drivers.
Steps must also be taken to reduce automobile insurance losses. Drivers with repeated accidents and violations should be penalized more severely than they are now. To do this, drivers who fail objective standards should be required to pay substantially more for automobile insurance than those with clean records. In addition, automobile insurance companies should not be required to write physical damage coverage for objectively bad drivers. Lastly, statutes should be passed to eliminate all forms of stacking.
Our high insurance rates are produced not only by our insurance laws, but also by another significant factor: bad drivers. In comparative data showing percentage changes for 1985 versus 1984 for the fifty states, South Carolina was first in percentage increase of injuries, second in percentage increase in accidents, eleventh in percentage increase in fatalities. Any automobile insurance reform which does not also focus on highway safety will have little chance of success in rolling back insurance rates.
Strong legislation is needed on the subject of highway safety, particularly dealing with driving under the influence of alcohol or drugs, which causes a high percentage of our traffic accidents. I accordingly call for legislation:
--Confiscating drivers licenses from anyone convicted of a violation which would result in the loss or suspension of his driver's license. Any person whose license is revoked or suspended should be required to surrender the license immediately to the judge and be given a temporary receipt to drive home.
--Requiring uniform treatment from the circuit solicitors for arrested drivers who register between.10 and.15 on the breathalyzer test.
--Amending of our implied consent statutes to add chemical and blood tests, thereby allowing law enforcement officials to require tests for driving under the influence of drugs.
I endorse tougher penalties for driving uninsured and under suspension. I also support legislation to reduce fines for minor traffic violations provided the offending driver is wearing a seatbelt when stopped.
In another area that impacts insurance, it is time to recognize the need for tort reform in South Carolina. This need is justified not only by what's happening to insurance premiums and availability, but more importantly to ensure fairness and to reach the goal of making South Carolina more competitive for business and industry.
I accordingly call for legislation which will:
--Modify the rule of joint and several liability.
--Shorten the statute of limitations to three years.
--Strengthen sanctions imposed against frivolous litigation.
--And tie non-economic injuries to a percentage of actual loss.
Reform is long overdue in the area of worker's compensation. Our high worker's compensation rates are discouraging industry from locating in our state and the practice of allowing members of the General Assembly to appear before the State Fund has eroded public confidence in the system. I applaud the efforts of Representative Martin and Senator Drummond in identifying the problems in the current system.
I accordingly call for legislation which would bar members of the General Assembly from appearing for a fee before the state Fund and the Worker's Compensation Commission. We should discontinue the practice of allowing the Worker's Compensation Commissioners to adjudicate claims brought by fellow Commissioners.
I call for the creation of an independent appeals panel in those circumstances made up of circuit court judges to hear appeals of any case concerning Commissioners and Commission employees. We also need to pay more attention in the worker's compensation process to vocationally rehabilitating injured workers. Fee schedules or guidelines are needed to better regulate attorney's fees so that the injured claimant receives a greater share of the award.
Finally I have asked for a study on the feasibility of hiring fulltime hearing officers, as you do on most other Commissions... reducing the size of the Commission itself...and using the Commission only as an appeals panel from the hearing officers.
Our system of criminal justice has benefited from the services of fine men and women in law enforcement. Tonight let me make this crystal clear. My administration will be tough on crime. And I 'm going to back up this General Assembly as you are tough on crime.
A crackdown on drug abuse will be a priority of this administration. Accordingly I call upon the General Assembly to enact a mandatory ten-year prison term for adults convicted of selling hard narcotics within one-half mile of a school.
I also urge you to support the concept put forward by Attorney General Travis Medlock to modernize the grand jury system in order to make it a more effective tool in the war against illegal drugs. Grand juries are now limited in their jurisdictions while the drug pushers have no regard for county lines. It would allow the state to operate on a multiple county basis and we would strike a major blow against crime by adopting this proposal.
South Carolina's failure to have a unified crime classification system has caused problems with other states in the area of extradition. We need to redefine crimes, so that all crimes under one year are in the misdemeanor category, and those over that are felonies.
My office is currently reviewing the Nelson settlement to determine if we are overcomplying with the agreement to relieve crowded prisons. One area of possible overcompliance is the two prisons being built containing single cells of 73 square feet each, as opposed to 50 square feet called for in the settlement.
We obviously have no choice but to meet the federally-imposed guidelines, and we certainly need to update our prisons. But we do not have to do more than is absolutely necessary because it is a drain on the taxpayers that we can ' t afford.
The Omnibus Crime Bill establishes a shock incarceration program for young offenders. I am hopeful the Department of Corrections will see fit to model it after the Georgia program in which young offenders are put through a rigorous exercise and work regimen to dissuade them from committing further criminal acts.
We should offer certain classes of young offenders a light at the end of the tunnel, however, by enabling their records to be expunged after a stipulated period of time to open the door to the future.
In the broad area of health and human services, no program is more exciting to me personally than the seven federally funded pilot projects for one-stop eligibility that are now being managed by the Reorganization Commission in South Carolina. To the recipients--whether they be poor, elderly or disabled--one-stop means an end to the nightmare of paperwork and bureaucracy in applying for assistance. To government it means a single standard system by which to monitor, evaluate, budget, fund and plan for all human services.
These one-stop projects will be in full gear later this year and I commend it to your attention because it represents the best in efficiency and compassion.
And efficiency is important. We're already being told that our Medicaid program is $24 million in the red. Programs will be cut and people will be hurt. It is time for the state Medicaid program to implement cost containment recommendations and sound fiscal policies that have continually been suggested in management audits and legislative studies since the late 1970's. We have other agencies in state government that have been sanctioned by the federal government for noncompliance with federal regulations and the threatened loss to our state is in the millions. It is time that the managers of state government did their jobs, and it's time that we, the elected officials, looked over their shoulder, and made them do it.
I fully appreciate that times have tightened, not only for state government, but for local governments. While increasing demands have been placed upon our cities, towns and counties to provide more and better services, their sources of revenues have been extremely limited.
We must give local governments limited means to deal with these problems without increasing the pressure on property owners.
I am supportive of the proposed Local Government Finance Act with two stipulations: that there should never be a local income tax in the state of South Carolina and when new means are used revenue that one-third of the new revenue should go to cutting tax rates and lowering property taxes in this state.
As we are all aware, there have been some drastic changes made in our Federal tax laws. In 1985, South Carolina made the commitment to conform our state laws with federal tax laws, and I believe we should continue in our effort to remain in conformity. However, in achieving conformity, we must adjust state tax rates to equalize the distribution and disparity created by the changes in the federal tax system. In light of these disparities, I will offer some recommendations for the tax conformity legislation that will provide some relief for the two wage earner families who are under constant pressure to make ends meet and cannot afford growing tax burdens. These changes include eliminating the two percent bracket, adopting a two wage earner credit of seven percent, and conforming state withholdings with federal withholdings statutes in regards to the number of withholding exemptions that a taxpayer may claim.
Another major area of importance to our state is the environment. Along with her people, her natural resources are her greatest asset. We suffered a near tragedy on the coast, and we had serious problems. Tonight I spoke with Senator Thurmond and I spoke with the Small Business Administration, and I'm pleased to report to you that this afternoon the Small Business Administration approved my request that Charleston, Georgetown, Horry and Colleton Counties be declared disaster areas, and immediately be eligible for low interest loans. We are going to have do an awful lot on our coast. And this is just the first step in dealing with the disaster.
Finally, as an original author of South Carolina's first Freedom of Information law, along with a colleague who died last week, Troy Hyatt, who was the main sponsor, I urge the General Assembly to tighten the law this year. It is imperative that the public have confidence in the way we do our business.
Speaking of the way we do business, there must be some substantial changes in the leases in the building across the street, before the public's confidence can be restored.
I realize that I've presented a full plate to you tonight and I recognize that all of this will not be accomplished in one year. But I am convinced that these proposals are necessary...they are urgent...they deserve full and open debate. And I seek your cooperation as all of us work together to provide opportunities for all South Carolinians.
Abraham Lincoln said 'You cannot escape the responsibility of tomorrow by evading it today.' And the Gospel of Luke tells us 'Unto whom much is given much is required.'
Those of us in this chamber tonight have been given the ultimate privilege in a free society: The responsibility of managing a government which is owned by three million plus South Carolinians.
So, much has been given to us and much will be required as we seek tough answers and we make tough decisions. But, I am convinced as I said in opening this speech, that working together we can find those answers, and that working together, we can solve those problems, and that working together we can create more opportunities in the state of South Carolina. God bless you, and thank you very much."
Upon the conclusion of his address, Governor Campbell and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 7:55 P.M. the House resumed, the SPEAKER in the Chair.
Rep. J. ROGERS moved that the House do now adjourn which was adopted.
At 7:56 P.M., the House in accordance with the motion of Rep. J. ROGERS adjourned to meet at 10:00 A.M. tomorrow.
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