Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, O God, for Your blessings which are new every morning. Keep us ever aware of Your presence, abundantly manifested all around. Show us always the invincibility of Your truths, the strength of human brotherhood, and the conquering power of understanding one another. Grant to us the continual consciousness of Your nearness not only in great events, but also in the little acts of daily life: the kind deed, the friendly gesture, the courteous consideration. Help us to live and act to the fullest in our day, never scorning the past or fearing the future.
We pray in the Name of Him, our Lord, the Source of all strength.
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.
The following invitations were taken up for immediate consideration and accepted.
December 4, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
It is my pleasure to advise you that the Carolinas Branch, Associated General Contractors of America, Inc. has confirmed plans for its Legislative Reception on March 1st of next year. The Reception will be at the Columbia Radisson from 6:00 until 8:00 in the evening.
Please consider this letter our formal invitation. Your kind consideration will be most appreciated.
Sincerely,
Michael D. Covington
Director, SC Highway-Heavy Division
December 11, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Society of Professional Engineers and the Consulting Engineers of South Carolina wish to invite the members of the House to a reception at the Radisson in Columbia on March 2, 1988, beginning at 6:00 P.M.-7:30 P.M.
We hope you will consider this invitation and accept on behalf of the House.
Thank you,
South Carolina Society Of Professional Engineers
Consulting Engineers Of South Carolina
(Mrs.) Mary Jane Cowden
Administrative Director
January 14, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
This letter is written to request your assistance in placing a Winthrop College reception on the legislative calendar for Wednesday, March 2, 1988, 7:30 P.M. to 9:00 P.M. at the Radisson Hotel in Columbia. Each year the college president, faculty and alumni all look forward to hosting this event.
My appreciation is extended to you and to Catherine for your assistance in this regard.
Sincerely,
Rebecca McMillan
January 26, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On behalf of more than one hundred (100) churches associated with Christian Viewpoint and more than fifty (50) Christian schools which are members of the South Carolina Association of Christian Schools, I invite the members of the House to a breakfast to be held at the Radisson Inn on Assembly Street on Thursday, March 3, 1988, at 8:15 A.M. I apologize for the problems we have had in scheduling this breakfast. Please note the change of location to the members.
This invitation complies with requirements for breakfast invitations of the Rules of the General Assembly.
Sincerely,
Orin G. Briggs
March 2, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
Confirming my conversation today with Ms. Catherine Jeter, you have reserved Tuesday, March 8, 1988, on the House calendar for the South Carolina Electric Cooperative's Legislative Appreciation Dinner.
This event will be held at the Radisson Hotel beginning with a social hour at 6:00 P.M. and dinner at 7:00 P.M.
Thank you for your attention to this matter.
Sincerely,
Janet E. Gerhart
Government Relations
Department
February 3, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Petroleum Marketers Association would like to cordially invite the members of the House of Representatives to a reception on Wednesday, March 9th. The reception will be held from 6:00 P.M. until 8:00 P.M. in the Grand Palm Ballroom at the Columbia Marriott Hotel. We will also have live entertainment by the Four Notes.
The members of our association look forward to being with you on the evening of March 9th.
Sincerely,
Dave Reed
Executive Director
January 27, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
I am pleased to extend a formal invitation from the Du Pont Corporation to the members of the House, their spouses and all clerks to attend a Legislative Reception. The cocktail reception will be held on March 15, 1988, at the Marriott Hotel from 6:00 P.M. until 8:00 P.M. Please present this invitation to your committee for acceptance.
This reception, which is sponsored by the Du Pont manufacturing facilities in Florence, Berkeley and Kershaw counties, by the Savannah River Plant employees and by our Jet/Kayo subsidiary, is always a highlight for us. We look forward to it each year as a way to continue to strengthen our working relationship with the General Assembly.
I look forward to a favorable reply and good attendance at the reception.
Sincerely,
W.B. Clark
External Affairs Manager
April 10, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Medical Association would be grateful to you for reserving the date of March 16, 1988 for the legislative reception of the SCMA.
The reception will be held from 6:30-9:00 P.M. at the Radisson Hotel for members, spouses, attaches and clerks of the House.
I have confirmed this date with your office and will formally extend an invitation at the beginning of the 1988 Legislative Session.
Respectfully,
Susan J. Nickles
Director
Health Policy Affairs
February 22, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The S.C. Child Care Association cordially invites the S.C. House of Representatives to its Legislative Reception to be held March 22, 1988, at the Radisson Hotel, from 8:00 P.M. to 10:00 P.M.
We look forward to your being able to join us.
Sincerely,
Walter L. "Sonny" Sanders
February 19, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
This letter is a request to have placed on the House of Representatives calendar a reception hosted by South Carolina State College and the Orangeburg Legislative Delegation. After consulting with the Honorable Senator Marshall B. Williams, Chairman of the Orangeburg County Legislative Delegation, we have agreed to schedule the reception for March 22, 1988 at the Radisson Hotel located on Assembly Street in Columbia, S.C. The affair is to begin at 6:00 and end at 8:00 P.M.
I have discussed this date and time with Ms. Catherine G. Jeter of your office.
Thank you for all that you do for South Carolina State College.
Sincerely,
James H. Salley
Director of Institutional Advancement
December 8, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Federation of Business and Professional Women's Clubs, Inc. wishes to invite the members of the South Carolina House of Representatives to be our guests at the Twenty-Fifth Annual Legislative Breakfast to held at the Radisson Hotel, Columbia, S.C., March 23, 1988 at 7:45 A.M.
This is a time change and event change to an invitation submitted by Dana Brockington, our former Legislative Chairman.
The South Carolina Federation of Business and Professional Women's Clubs, Inc. is an organization of eleven hundred members across South Carolina. Every year a day is set aside to meet with our legislators to discuss issues of importance to our organization. This date also serves the legislators an opportunity to meet with some of their constituents.
Individual invitations will be sent to each representative at a later date if this is accepted by your committee. We request that this invitation be placed on the calendar and be printed in the daily record of the House.
If you have any questions, please contact me.
Sincerely,
June S. Morgan
Second Vice President
November 5, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On behalf of the South Carolina Trial Lawyers Association, we would like to extend an invitation to the Members of the House, their spouses, clerks and attaches to attend a reception on Tuesday, March 29, 1988 at The Town House on Gervais Street. The reception will run from 6:30 until 8:30 P.M.
We look forward to seeing you on the 29th.
Sincerely,
Ron Cobb
July 6, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On behalf of the 9,000 members of the South Carolina Association of REALTORS, we would like to invite the members of the House, and their spouses to our annual "Capitol Conference". The luncheon reception is scheduled to be held on March 30, 1988 at the Radisson Hotel immediately after you recess for lunch.
We look forward to having the members of the House and their guests with us on March 30.
Sincerely,
Richard F. Davis
Executive Vice President
September 30, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
We respectfully request that the 1988 Clemson University Board of Visitors Governmental Appreciation Reception be placed on the House calendar. I have spoken with Catherine Jeter and reserved March 30, 1988 from 6:30 to 9:00 P.M. The reception will be held at the Radisson Hotel.
Thank you for your cooperation.
Kindest regards,
Wade A. Green
Assistant to the President for Public Affairs
The Senate returned to the House with amendments the following:
H. 2264 -- Rep. Sheheen: A BILL TO AMEND CHAPTER 1 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS APPLICABLE TO POLITICAL SUBDIVISIONS, SO AS TO ADD SECTION 6-1-50 TO REQUIRE A COUNTY AND MUNICIPALITY WHICH RECEIVES REVENUE FROM STATE AID TO SUBMIT TO THE COMPTROLLER GENERAL ON AN ANNUAL BASIS A FINANCIAL REPORT CONTAINING THE SOURCES OF REVENUE, EXPENDITURES BY CATEGORY, INDEBTEDNESS, AND SUCH OTHER INFORMATION AS THE COMPTROLLER GENERAL REQUIRES, TO PROVIDE THAT THE COMPTROLLER GENERAL, IN CONJUNCTION WITH THE BUDGET AND CONTROL BOARD, THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, SHALL DETERMINE THE CONTENTS OF THE REPORT AND THE DATE OF SUBMISSION, TO REQUIRE A PENALTY FOR FAILURE TO SUBMIT THE REPORT, AND REQUIRE THAT A COMPREHENSIVE REPORT BY THE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, IN CONJUNCTION WITH THE COMPTROLLER GENERAL, ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, AND THE BUREAU OF GOVERNMENTAL RESEARCH AND SERVICES OF THE UNIVERSITY OF SOUTH CAROLINA BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN JUNE FIRST OF EACH YEAR; TO AMEND ARTICLE 1 OF CHAPTER 15 OF TITLE 11, RELATING TO THE GENERAL PROVISION DEALING WITH BONDS OF POLITICAL SUBDIVISIONS BY ADDING SECTION 11-15-100 SO AS TO REQUIRE COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE DISTRICTS TO FILE CERTAIN INFORMATION IN THE OFFICE OF THE STATE TREASURER PRIOR TO INCURRING ANY GENERAL OBLIGATION OR REVENUE OBLIGATION INDEBTEDNESS UNLESS THEY FILE CERTAIN INFORMATION WITH THE STATE TREASURER, TO REQUIRE THE STATE TREASURER TO ANNUALLY SURVEY THE COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE DISTRICTS TO MAINTAIN A CURRENT RECORD OF THEIR OBLIGATIONS, AND REQUIRE THE STATE TREASURER TO PROVIDE THE COMPTROLLER GENERAL A STATEMENT OF OBLIGATIONS OF ALL POLITICAL SUBDIVISIONS; TO AMEND SECTION 4-9-150, RELATING TO THE REQUIREMENT THAT A COUNTY COUNCIL CONDUCT AN. ANNUAL INDEPENDENT AUDIT OF THE FINANCIAL RECORDS AND TRANSACTIONS OF THE COUNTY, SO AS TO REQUIRE THAT A COPY OF THE AUDIT BE SUBMITTED TO THE COMPTROLLER GENERAL NO LATER THAN JANUARY FIRST EACH YEAR FOLLOWING THE CLOSE OF THE BOOKS OF THE PREVIOUS YEAR; TO AMEND SECTION 11-3-190, RELATING TO THE REQUIREMENT THAT ABSTRACTS FOR SETTLEMENT WITH COUNTY TREASURERS BE ENTERED IN A BOOK TO BE KEPT BY HIM, SO AS TO REQUIRE THE ABSTRACTS IN A FILE INSTEAD OF A BOOK; TO AMEND SECTION 12-45-260, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER REPORT TO THE COUNTY SUPERVISOR THE AMOUNT OF FUNDS COLLECTED FOR AND ON ACCOUNT OF THE COUNTY AND THE CHARACTER OF THE FUNDS, SO AS TO CHANGE THE DATE THE REPORT IS REQUIRED AND THAT IT MUST BE MADE TO THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY INSTEAD OF THE COUNTY SUPERVISOR AND REQUIRE THE REPORT TO CONTAIN THE AMOUNT OF FUNDS RECEIVED INSTEAD OF COLLECTED; TO AMEND SECTION 12-45-280, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER'S REPORT TO THE COUNTY SUPERINTENDENT OF EDUCATION AN ITEMIZED STATEMENT OF THE AMOUNTS OF COLLECTION AND DISBURSEMENT BY SCHOOL DISTRICTS MADE BY HIM FOR THE PREVIOUS CALENDAR YEAR ON VARIOUS TAXES, SO AS TO REQUIRE THE REPORT TO BE MADE TO THE CHIEF EXECUTIVE OFFICER OF EACH SCHOOL DISTRICT INSTEAD OF THE COUNTY SUPERINTENDENT OF EDUCATION, PROVIDE FOR COLLECTION INSTEAD OF RECEIPT OF THE AMOUNTS TO BE INCLUDED IN THE REPORT, DELETE REFERENCES TO THE SPECIFIC TAXES REQUIRED TO BE INCLUDED IN THE REPORT AND DELETE THE REQUIREMENT THAT THE COUNTY TREASURER REPORT THE TOTAL AMOUNTS RECEIVED FOR THE PERIOD FROM ANY OTHER TAXES NOT COLLECTED FOR ANY SPECIAL SCHOOL DISTRICT; TO AMEND SECTION 12-45-340, RELATING TO THE REQUIREMENT THAT A SETTLEMENT SHEET BE SIGNED BY THE COUNTY SUPERVISOR, COUNTY TREASURER, AND COUNTY SUPERINTENDENT OF EDUCATION, SO AS TO REQUIRE ONLY THE COUNTY TREASURER TO SIGN THE SETTLEMENT SHEET; AND TO REPEAL SECTIONS 12-45-270 RELATING TO THE COUNTY TREASURER'S MONTHLY REPORT, 12-45-310 RELATING TO THE REQUIREMENT THAT COUNTY SUPERVISORS AND SUPERINTENDENTS OF EDUCATION BE NOTIFIED OF THE DAY OF SETTLEMENT, 12-45-320 RELATING TO THE REQUIREMENT THAT THE AUDITOR OF EACH COUNTY SHALL NOTIFY THE FOREMAN OF THE GRAND JURY AND THE COMPTROLLER GENERAL OF THE DAY UPON WHICH THE SETTLEMENT IS TO BE MADE, AND 12-45-360 RELATING TO THE REQUIREMENT THAT THE COMPTROLLER GENERAL AND THE FOREMAN OF THE GRAND JURY SHALL REPORT ANY IRREGULARITY OR VIOLATION OF LAW TO THE COURT OF GENERAL SESSIONS OF THE COUNTIES WHERE THE IRREGULARITIES OR VIOLATIONS OF LAW HAVE BEEN DISCOVERED.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. THRAILKILL raised the question of a quorum.
A quorum was later present.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3385 -- Reps. Gregory, Davenport, Klapman, McGinnis, Rudnick, Washington, Winstead, Kirsh, Wells, J. Brown, J. Bradley, Waldrop, Toal, Keyserling, Dangerfield, L. Martin, Day, McElveen and Elliott: A BILL TO AMEND SECTION 50-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DEER HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE ON GAME MANAGEMENT LANDS, SO AS TO PROHIBIT DEER HUNTING WITHIN THREE HUNDRED YARDS OF ANY RESIDENCE.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3533 -- Reps. Kay, Sharpe, Jones, L. Phillips, Whipper, Townsend, P. Harris, D. Martin, Shelton, Rice, K. Bailey, Bennett, E.B. McLeod, Hearn, Humphries, Foxworth, Mappus and Nesbitt: A BILL TO AMEND SECTION 47-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS SUSPECTED OF HAVING RABIES, SO AS TO PROVIDE THAT CAPTURE, IMPOUNDMENT, AND EUTHANIZATION OF THE ANIMALS MUST BE PERFORMED BY COUNTY HEALTH DEPARTMENTS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3560 -- Reps. Sharpe, Sturkie and Jones: A BILL TO AMEND SECTIONS 48-43-10 AND 48-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OIL AND GAS EXPLORATION, DRILLING, TRANSPORTATION, AND PRODUCTION, SO AS TO DEFINE "SANITARY LANDFILL" AND TO REGULATE ACTIVITIES RELATING TO WASTE AND ANTIPOLLUTION ACTIVITIES INVOLVING OIL AND GAS AND TO REGULATE ACTIVITIES RELATING TO METHANE GAS IN AND RELATED TO LANDFILLS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 561 -- Senator Garrison: A BILL TO AMEND SECTION 48-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICTS' COMMISSIONERS, SO AS TO REVISE THE NOMINATION PROCEDURES FOR PLACEMENT ON THE BALLOT AND THE TERMS OF OFFICE OF THESE COMMISSIONERS EFFECTIVE WITH THE 1990 ELECTION AND TO AMEND SECTION 48-9-1230, RELATING TO TERMS OF OFFICE AND VACANCIES OF THESE COMMISSIONERS, SO AS TO REVISE THIS SECTION IN ORDER TO CONFORM IT TO THE ABOVE PROVISIONS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1067 -- Senator Waddell: A BILL TO AMEND SECTION 46-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE FERTILIZER LAW, SO AS TO PROVIDE FOR THE FERTILIZER BOARD TO BE COMPOSED OF NOT OVER FIVE MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES INSTEAD OF ALL OF THE BOARD MEMBERS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3395 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; AND TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3480 -- Rep. J. Bradley: A BILL TO AMEND SECTION 53-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNOR TO DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT THE GOVERNOR MAY NOT DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES IF THERE IS AN INTERVENING WEEKEND BETWEEN THE HOLIDAY GRANTED FOR DECEMBER TWENTY-FIFTH AND THE HOLIDAY GRANTED FOR DECEMBER TWENTY-SIXTH UNLESS HE DECLARES CHRISTMAS EVE A HOLIDAY IN LIEU OF THE HOLIDAY TO BE GRANTED FOR DECEMBER TWENTY-SIXTH.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Rep. J.H. BURRISS, for the minority, submitted an unfavorable report, on:
H. 3556 -- Rep. Ferguson: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS AND DESIGNATION OF PRODUCERS BY THE INSURANCE COMMISSION AND THE REINSURANCE FACILITY GOVERNING BOARD, SO AS TO ALLOW A PRODUCER TO TRANSFER OR SELL HIS DESIGNATION, AND TO ADD SECTION 38-77-595 SO AS TO PROVIDE THAT AT LEAST TEN PERCENT OF THE DESIGNATED PRODUCERS APPOINTED BY THE COMMISSION OR GOVERNING BOARD MUST BE BLACK AND AT LEAST TEN PERCENT MUST BE FEMALE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a report recommending that the Bill be referred to the Committee on Ways and Means on:
H. 3655 -- Reps. Hearn, Toal, J.W. Johnson, T.M. Burriss, L. Martin, M.D. Burriss, Cork, Taylor, Humphries, Wells, Fair, Huff and Wilkins: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREMIUMS TAX ON WORKERS' COMPENSATION INSURERS, AND SECTION 42-5-190, RELATING TO THE TAX ON SELF-INSURERS FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO CHANGE THE RATE OF THESE TAXES, PROVIDE THAT THESE TAXES TOGETHER MUST PRODUCE AN ANNUAL AMOUNT THAT WILL FUND THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION AT THE SAME FUNDING LEVEL AS ESTABLISHED BY THE GENERAL ASSEMBLY FOR THE AGENCY FOR THE PRECEDING FISCAL YEAR, AND PROVIDE THAT THE TOTAL AMOUNT OF THE TAX ASSESSED AND COLLECTED PURSUANT TO THESE SECTIONS MUST BE CREDITED TO THE ACCOUNT OF THE COMMISSION FOR USE BY IT IN CARRYING OUT ITS FUNCTIONS AND DUTIES.
On motion of Rep. DANGERFIELD the Bill was referred to the Committee on Ways and Means.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3695 -- Reps. T.M. Burriss, Carnell, H. Brown, Edwards, P. Harris, Lewis, McLellan, Winstead, T. Rogers and Klapman: A BILL TO AMEND SECTION 37-1-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIONS FROM THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO FURTHER PROVIDE FOR THE EXCLUSIONS RELATED TO PAWNBROKERS, AND TO AMEND CHAPTER 39, TITLE 40, RELATING TO PAWNBROKERS, SO AS TO REVISE THE MANNER IN WHICH PAWNBROKERS ARE REGULATED, LICENSED, AND REQUIRED TO DO BUSINESS, TO PROVIDE THAT PERSONS PLEDGING GOODS WITH PAWNBROKERS HAVE A CAUSE OF ACTION AGAINST THE PAWNBROKER FOR THE VIOLATION OF CERTAIN PROVISIONS OF 'THIS CHAPTER, AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3763 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY SO AS TO CHANCE THE CHARGE ALLOWED ON A DELINQUENCY INSTALLMENT FROM FIVE CENTS A DOLLAR FOR EACH FULL DOLLAR OR ONE DOLLAR, WHICHEVER IS GREATER, NOT TO EXCEED FIVE DOLLARS, TO ONE DOLLAR TO A MAXIMUM OF FIVE PERCENT OF AN INSTALLMENT, OR A MAXIMUM OF FIVE DOLLARS ON A FAMILY OR HOUSEHOLD PURPOSE LOAN.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1102 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND SECTION 38-57-190, RELATING TO TYPES OF INSURANCE EXEMPT FROM RESTRICTIONS ON PREFERENCES, SO AS TO REVISE THE EXEMPT CATEGORIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 RELATING TO ACCIDENT AND HEALTH INSURANCE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1143 -- Finance Committee: A JOINT RESOLUTION TO CREATE THE ACCOMMODATIONS TAX AD HOC COMMITTEE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1152 -- Senators Setzler, Garrison, Courson, Wilson, Thomas E. Smith, Jr., Drummond, Hayes, Lee, Pope, Russell, Moore, McLeod, Stilwell, J. Verne Smith, Leatherman, Holland, Hinson, Shealy, Lindsay, Giese, Long, Waddell, Thomas and Branton: A CONCURRENT RESOLUTION TO CREATE A JOINT HOUSE AND SENATE EDUCATION COMMITTEE TO INVESTIGATE THE FEASIBILITY OF OPERATING THE STATE PUBLIC SCHOOL BUS TRANSPORTATION SYSTEM THROUGH THE USE OF PRIVATE CONTRACTORS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3828 -- Rep. Barfield: A CONCURRENT RESOLUTION COMMENDING MS. CATHERINE H. LEWIS OF HORRY COUNTY, RETIRED LIBRARIAN OF THE HORRY COUNTY MEMORIAL LIBRARY, FOR HER TWENTY-SEVEN YEARS OF SUPERB SERVICE TO THE LIBRARY AND THE CITIZENS OF HER COUNTY, AND WISHING HER HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3829 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES WESLEY WELLS, III, OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3830 -- Reps. Rudnick, Pettigrew, Gordon, Sharpe, Huff and Jones: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THE REVEREND WILLAR H. HIGHTOWER OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1210 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF BILL LUNDY, LEESVILLE POLICE CHIEF, UPON HIS TRAGIC DEATH IN THE LINE OF DUTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1211 -- Senators Horace C. Smith, Lee and Russell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF GROVER C. HENRY OF SPARTANBURG, FORMER SPARTANBURG CITY COUNCILMAN, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1212 -- Senators Fielding, McConnell, Martschink and Applegate: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF J. ARTHUR BROWN OF CHARLESTON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1219 -- Senators Shealy, Williams, Dennis, Waddell, Pope, Wilson, Setzler, Garrison, Russell, Thomas E. Smith, Jr., Lourie, Matthews, Stilwell, Powell, Branton, Hayes and Martschink: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA FIREFIGHTERS FOR THEIR PARTICIPATION IN A SUCCESSFUL PROGRAM TO RAISE MONEY TO HELP YOUNG BURN VICTIMS CALLED THE "ALUMINUM CANS FOR BURNED CHILDREN" PROGRAM.
Whereas, the South Carolina Firefighters have raised forty thousand dollars for the state's young burn victims since the "Aluminum Cans for Burned Children" program (ACBC) began in June, 1986; and
Whereas, ACBC is a fund-raising-through-recycling program that asks residents to donate used aluminum beverage cans at local firehouses; and
Whereas, money earned through recycling pays for nonmedical items essential to the recovery of young burn victims undergoing treatment at the Medical University of South Carolina Children's Hospital in Charleston; and
Whereas, Mr. Wendell Wilburn, former president of the South Carolina Fire Chiefs Association and a local ACBC founder, said: "We're determined to make South Carolina the first statewide ACBC program in the nation"; and
Whereas, Beaufort County launched the first ACBC program in the State. Based on the success of the Beaufort County program, ACBC spread to Charleston, Berkeley, Dorchester, Lexington, and Clarendon counties by July 1987. Continuing its growth, ACBC has now caught on in the towns of Ridgeland, Orangeburg, and Santee; and
Whereas, the Medical University of South Carolina Children's Hospital is the regional center for seriously burned youngsters from across the State; and
Whereas, one person who understands burn victims and their families is race car driver Cale Yarborough. Mr. Yarborough is supporting South Carolina's ACBC program by serving as spokesman through a variety of public service announcements. "Fires are an unfortunate part of race car driving, and we work hard to prevent them. We've seen too many of our friends seriously burned. It's rough for all of us, but it's even tougher for these youngsters. That's why I support ACBC. It needs your support, too"; and
Whereas, the success of the program in South Carolina is a reflection of the hard work and sincere compassion felt by the firefighters who, all too often, witness the tragedy of a child who has been burned severely. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize the South Carolina Firefighters for their participation in a successful program to raise money to help young burn victims called the "Aluminum Cans for Burned Children" program.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Fire Chiefs Association.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. WASHINGTON, with unanimous consent, the following was taken up for immediate consideration:
H. 3835 -- Rep. Washington: A HOUSE RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, MARCH 2, 1988, AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE OPERATIONS AND MANAGEMENT COMMITTEE.
Be it resolved by the House of Representatives:
That 11:00 a.m. on Wednesday, March 2, 1988, is set as the time for the election of a member of the House of Representatives to fill a vacancy on the House Operations and Management Committee.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3831 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO IMPROPER CLAIMS PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3832 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATION FEES AND RECIPROCITY CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3833 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURCHASES OF ADDITIONAL SERVICE CREDIT BY MEMBERS OF THE STATE RETIREMENT SYSTEM WITH AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE, SO AS TO PROVIDE AN ALTERNATIVE OPTIONAL METHOD UNDER WHICH THESE MEMBERS ARE AUTHORIZED TO PURCHASE ADDITIONAL SERVICE CREDIT, AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM, BY ADDING SECTION 9-11-65 SO AS TO MAKE THE ABOVE OPTION ALSO AVAILABLE TO MEMBERS OF THIS SYSTEM UNDER SPECIFIED CONDITIONS.
Referred to Committee on Ways and Means.
H. 3834 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-165 SO AS TO IMPOSE A FEE OF TEN THOUSAND DOLLARS AGAINST A RAILROAD COMPANY FOR EACH MILE OF TRACK IT REMOVES FROM SERVICE.
Referred to Committee on Ways and Means.
S. 47 -- Senator Fielding: A BILL TO REPEAL SECTION 16-3-658, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT, UNDER THE PROVISIONS OF SECTIONS 16-3-651 THROUGH 16-3-659.1, IF A VICTIM IS HIS LEGAL SPOUSE.
Referred to Committee on Judiciary.
S. 988 -- Senators Courson and Setzler: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO REDEFINE "IMMEDIATE FAMILY" TO INCLUDE MOTHER, FATHER, AND A SPOUSE'S MOTHER AND FATHER.
Referred to Committee on Ways and Means.
S. 1207 -- Senator Hinson: A BILL TO ESTABLISH THE LANCASTER COUNTY SCHOOL DISTRICT, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF TRUSTEES, TO ABOLISH THE COUNTY BOARD OF EDUCATION AND THE DISTRICT SUPERINTENDENT OF EDUCATION AND DEVOLVE THEIR DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES; AND TO REPEAL ACT 848 OF 1976 RELATING TO THE ELECTION AND COMPOSITION OF THE LANCASTER COUNTY BOARD OF EDUCATION AND THE AREA BOARDS OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY.
Referred to Lancaster Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Elliott Faber Fair Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.W. Jones Kay Keyserling Kirsh Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 24, 1988.
John Snow Roland S. Corning James C. Johnson Denny Neilson E. Crosby Lewis Jarvis Klapman John D. Bradley, III Howell Clyborne Robert A. Kohn Paul Derrick L. Edward Bennett Tom Limehouse John G. Felder Ken Bailey Larry Koon Terry Haskins Larry Gentry
STATEMENT OF ATTENDANCE
Reps. BLANDING and CLYBORNE signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, February 18, 1988.
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 23.
Rep. TOWNSEND
The SPEAKER granted Rep. SHORT a leave of absence for the day.
Announcement was made that Dr. John C. Hawk, Jr., is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3827 -- Reps. R. Brown and J.W. McLeod: A BILL TO PROVIDE THAT THE WILLIAMS PARK SUBDIVISION NEAR THE TOWN OF MULLINS CONSTITUTES A PART OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY; AND TO RELIEVE THE RESIDENTS OF THE SUBDIVISION OF THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER ONE OF MARION COUNTY AND PROVIDE THAT THEY SHALL ASSUME THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY.
On motion of Rep. J.W. McLEOD, with unanimous consent, it was ordered that H. 3827 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF ACE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
H. 3732 -- Reps. Felder, G. Brown, T. Rogers, Limehouse, Fair, P. Bradley, C. Bailey, Dangerfield, Edwards, L. Phillips, Short, Simpson, Gregory, Klapman, J. Rogers, Wilkins, Carnell, Hendricks, Huff, McAbee, Foster, Tucker and Baxley: A BILL TO AMEND SECTION 61-9-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF WINE INTO THIS STATE BEING LIMITED TO THE REGISTERED PRODUCER THEREOF AND THE REGISTRATION OF A PARTICULAR BRAND BEING AVAILABLE ONLY TO THE PRODUCER OR PRIMARY SOURCE OF SUPPLY, SO AS TO MAKE THE ABOVE PROVISIONS ALSO APPLICABLE TO BEER, ALE, PORTER, AND MALT BEVERAGES.
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
H. 3577 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-79-20 SO AS TO REQUIRE MEDICAL MALPRACTICE INSURANCE CARRIERS TO FILE FINAL JUDGMENTS, SETTLEMENTS, AGREEMENTS, AND AWARDS WITH LICENSING BOARDS.
H. 3596 -- Reps. Rudnick, Faber and Whipper: A BILL TO PROVIDE THAT ANY LICENSED DRIVER WHO HAS ACCUMULATED NO MORE THAN TWO POINTS ON HIS MOTOR VEHICLE OPERATING RECORD FOR THE PRECEDING FOUR YEARS IS ELIGIBLE TO PURCHASE AUTOMOBILE LIABILITY INSURANCE AT THE LOWEST RATES AVAILABLE UNDER THE APPLICABLE RISK CLASSIFICATION SYSTEM.
H. 3635 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 40-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE LICENSING BOARD FOR CONTRACTORS, SO AS TO REQUIRE THE BOARD TO MEET QUARTERLY INSTEAD OF SEMIANNUALLY, TO REQUIRE THE BOARD TO ELECT OFFICERS AT ITS GENERAL MEETING INSTEAD OF ITS APRIL MEETING, AND TO INCREASE FROM THREE TO FOUR THE NUMBER OF MEMBERS WHICH CONSTITUTES A QUORUM.
H. 3674 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 38-73-457, 38-77-112, AND 38-77-280, ALL AS AMENDED, RELATING TO THE CIVIL LIABILITY OF A LICENSED HEALTH CARE PROVIDER, THE REQUIREMENT OF EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE ANNUALLY A BASE RATE WITH THE CHIEF INSURANCE COMMISSIONER, NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHO DOES NOT POSSESS A VALID SOUTH CAROLINA DRIVER'S LICENSE, THE AUTHORITY OF AUTOMOBILE INSURERS TO REFUSE TO WRITE AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHERE ONE OR MORE OF THE CONDITIONS OR FACTORS PRESCRIBED IN SECTION 38-73-455 EXIST, SO AS TO MAKE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO AUTHORIZE AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSUROR OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
S. 1086 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 87 SO AS TO PROVIDE FOR THE REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS AUTHORIZED UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, INCLUDING THE PROVISION OF CERTAIN PENALTIES.
S. 1094 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO CHANGE THE TIME REQUIRED FOR EXAMINATION OF DOMESTIC INSURANCE COMPANIES FROM THREE YEARS TO FIVE YEARS.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Rep. MAPPUS moved to adjourn debate upon the Bill until Tuesday, March 1, which was adopted.
The following Bill was taken up.
H. 2734 -- Reps. Keyserling, T. Rogers, Shelton, White, Hearn, McTeer, Foxworth, Foster, Wilder, Sheheen, Rudnick, Whipper, Moss, Nesbitt, Helmly, Cork, Kirsh, H. Brown, Hayes, Hodges, Toal, Neilson, J. Rogers, Evatt, Washington and Dangerfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Rep. L. PHILLIPS moved to table the Bill, which was agreed to.
Rep. WASHINGTON moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
The following Bill was taken up.
H. 2149 -- Rep. Harvin: A BILL TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO ISSUE A PERMIT TO CARRY A CONCEALED FIREARM TO ANY RETIRED LAW ENFORCEMENT OFFICER HAVING THIRTY YEARS' SATISFACTORY SERVICE WITH A LAW ENFORCEMENT AGENCY.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc. No. 1777J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The State Law Enforcement Division is authorized to issue, upon request of the applicant and approval by the Division, a permit to carry a concealed firearm to any honorably retired law enforcement officer. The request must be in writing upon forms prescribed by the Division. All application fees and charges must be waived for such applications.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WHITE was recognized.
Reps. BLANDING, WASHINGTON and TAYLOR objected to the Bill.
The following Bill was taken up.
H. 2680 -- Rep. McTeer: A BILL TO AMEND CHAPTER 9, TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARK'S HILL-RUSSELL AUTHORITY, BY ADDING SECTION 13-9-35 SO AS TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ANY OF THE POWERS AND DUTIES CONVEYED UNDER THE PROVISIONS OF SECTION 13-9-30 IN THE ENTIRE COUNTY OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1897J), which was adopted.
Amend the bill, as and if amended, in Section 13-9-35 of the 1976 Code, as contained in SECTION 1, line 1, by striking /The/ and inserting /Upon consent of the majority of the county legislative delegation, the/ and on line 5, by inserting after /River/ /or is within the Savannah River Basin/.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 2680 be read the third time tomorrow.
Rep. LOCKEMY moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
H. 3580 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTIONS 40-51-110 AND 40-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRY, SO AS TO PROVIDE LICENSURE RECIPROCITY WITH STATES WHOSE REQUIREMENTS ARE SUBSTANTIALLY EQUIVALENT TO THIS STATE'S AND TO PROVIDE GROUNDS AND PROCEDURE FOR THE SUSPENSION AND REVOCATION OF LICENSES TO PRACTICE PODIATRY; AND TO REPEAL SECTIONS 40-51-210 AND 40-51-250 RELATING TO PROHIBITION AGAINST CORPORATE PRACTICE OF PODIATRY OR PRACTICE IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.
The following Bill was taken up.
H. 2944 -- Rep. Corning: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS, CERTIFICATES, AND FORMS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1926J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect July 1, 1988./
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Rep. ALTMAN explained the Bill.
Reps. KIRSH, WILDER, FOXWORTH, G. BROWN, SHARPE, HOLT, WASHINGTON, G. BAILEY and BLANDING objected to the Bill.
The following Bill was taken up.
S. 725 -- Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1933J), which was adopted.
Amend the bill, as and if amended, by striking item (1) of Section 58-25-40, as contained in SECTION 2, and inserting:
/"(1) The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the cities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these local governing bodies and if so would serve in an ex officio capacity. The governing board of the authority must be made up of not more than two times the number of authority governmental members and up to three additional members appointed by the legislative delegation as provided in this section.
There must be at least five board members. The membership of the governing board must be apportioned among the member cities and counties proportionate to population within the authority's service area or the financial contribution to the authority by the member municipalities and counties, or both. The method of appointment must be determined as follows: If the financial contribution of governmental members is consistent with the population base, the method is by population as provided in this section. If the financial contribution is not consistent with the population base, then the method is by a ratio of financial contributions.
As many as three additional members of the governing board of any transportation authority may be appointed by the legislative delegations of the member counties if approved by the qualified electors within the proposed service area in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the General Fund or the Highway Fund, the delegation shall appoint three additional members. Unless the agreement approved by the qualified electors of a service area provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members. No member government may have less than one member on the board. County population must be determined after subtracting the member city population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for a period of three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation except that in cases of extensive services rendered per diem may be paid by a two-thirds vote of the authority."/
Amend further by striking SECTION 3 and inserting:
/SECTION 3. Subsection (5) of Section 58-25-30 is amended to read:
"(5) Dissolution of the authority created pursuant to this chapter must be in the same manner as that for creation of the authority as set forth in this chapter. All resources of the authority including, but not limited to, real and personal property, structures, improvements, buildings, equipment, plants, rolling stock, vehicle improvements, vehicle parking, or other facilities and rights-of-way must be disposed of and the proceeds distributed among the authority's government members proportionate to their population financial contribution.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. ALTMAN 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. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1623J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subarticle 1 of Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-770. (A) The convictions or adjudications of guilt of juveniles made by a court of record for the crimes listed as violent crimes in Section 16-1-60 must be reported monthly to the State Law Enforcement Division (division) by the 1428 Department of Youth Services and be available for retrieval from the division.
(B) Any person who disseminates any information collected under the provisions of this section to any unauthorized personnel is guilty of a misdemeanor and upon conviction must be fined an amount not to exceed one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS 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. 2395 -- Reps. Evatt, Beasley, Hayes and Huff: A BILL TO AMEND CHAPTER 1, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURTS BY ADDING SECTION 14-1-185 SO AS TO PROVIDE FOR EXPEDITED PROCEEDINGS IN CRIMINAL AND FAMILY COURT CASES INVOLVING A CHILD VICTIM; TO AMEND CHAPTER 1, TITLE 19, RELATING TO EVIDENCE BY ADDING SECTION 19-1-170 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE THAT IS A MATERIAL ELEMENT TO CERTAIN CRIMES MAY BE ADMITTED INTO EVIDENCE UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 11, TITLE 19, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-35 SO AS TO PROVIDE THAT EVERY CHILD IS COMPETENT TO BE A WITNESS IN ANY JUDICIAL PROCEEDING, AND BY ADDING SECTION 19-11-110 SO AS TO PERMIT THE TESTIMONY OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE BY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 17, TITLE 19, RELATING TO EXAMINATION OF WITNESSES BY DEPOSITIONS BY ADDING SECTION 19-17-100 SO AS TO PERMIT THE TAKING OF A VIDEOTAPE DEPOSITION OF a CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE IN CERTAIN CASES, TO PROVIDE THE PROCEDURES TO BE USED IN THESE VIDEOTAPE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1775J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 11, Title 19 of the 1976 Code is amended by adding:
"Section 19-11-35. A child victim of sexual abuse is a competent witness and must be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS 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. 3293 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-190 SO AS TO DEFINE AS A PRIMITIVE WEAPON A RIFLE, .36 CALIBER OR LARGER, WITH A ONE-EIGHTH INCH NONMAGNIFIED PEEP SITE ON THE REAR OF THE BARREL.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 1527J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-190. In addition to weapons defined as primitive weapons by statute or regulation, a rifle, .36 caliber or larger, which uses black powder only as its propellant charge and which has a one-eighth inch nonmagnified peep site on the rear of the barrel, is a primitive weapon."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3293 be read the third time tomorrow.
The SPEAKER granted Reps. FAIR and McGINNIS a leave of absence for the remainder of the day.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
H. 3320 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-287 SO AS TO PROHIBIT THE TRANSFER OF BEER, WINE, OR ALCOHOLIC LIQUOR TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, PROVIDE EXCEPTIONS, AND PROVIDE PENALTIES FOR VIOLATIONS.
The following Bill was taken up.
H. 3415 -- Rep. Wells: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO ALLOW COUNTY COUNCILS TO ENACT ORDINANCES REGULATING NOISE IN RESIDENTIAL AREAS AND STRUCTURES AND PROVIDE FOR FINES OF NOT MORE THAN TWO HUNDRED DOLLARS FOR VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1530J).
Amend the bill, as and if amended, by striking the unnumbered item added in Section 4-9-30, as contained in SECTION 1, and inserting:
/( ) to enact ordinances regulating noise in residential areas and residential structures and provide for a fine of not more than two hundred dollars for each violation, but no ordinances may be enacted which affect the placement, design, or operation of any structure utilized in the distribution or transmission of electric energy./
Renumber items to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. WILKINS having the floor.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2272 -- Reps. Neilson, Lockemy, Gilbert, Davenport, Holt, O. Phillips, J.W. McLeod, Blackwell, Shelton, Mattos, Dangerfield, Petty and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE CLOSING ATTORNEYS OR OTHER SETTLEMENT AGENTS TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLL-BACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLL-BACK TAX WHEN THE PROPERTY'S USE IS CHANGED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2756 -- Reps. Wilder and Clyborne: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS AND TO MAKE CORRESPONDING ADJUSTMENTS IN THE JURISDICTION OF THE COURT OF GENERAL SESSIONS TO TRY THESE VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3625 -- Rep. Carnell: A BILL TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO ADD A PROVISION REQUIRING A PERSON TO HAVE BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR PRIOR TO THE DATE OF APPLICATION AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3687 -- Reps. Wilkins, Corning, Clyborne, J.W. Johnson, Haskins and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF TRUSTS, BY ADDING SECTION 62-7-211 SO AS TO PROVIDE THAT THE PROBATE COURT MAY, UPON CERTAIN TERMS AND CONDITIONS, DIVIDE A TRUST INTO TWO OR MORE SINGLE TRUSTS OR CONSOLIDATE TWO OR MORE TRUSTS INTO A SINGLE TRUST.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3728 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION OF VICTIMS OF CRIME, AMOUNT OF AWARD, APPORTIONMENT AMONG MULTIPLE CLAIMANTS, AND REJECTION OF APPLICATION FOR AWARD, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE, AMONG OTHER THINGS, FOR BURIAL EXPENSES NOT TO EXCEED TWO THOUSAND, RATHER THAN ONE THOUSAND, DOLLARS, AND THAT THE AGGREGATE OF AWARD TO AND ON BEHALF OF VICTIMS MAY NOT EXCEED TEN THOUSAND, RATHER THAN THREE THOUSAND, DOLLARS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3729 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO, AMONG OTHER THINGS, MAKE THESE DEFINITIONS APPLICABLE ALSO TO ARTICLES 14 AND 15 OF CHAPTER 3, TITLE 16 ("VICTIM/WITNESS ASSISTANCE PROGRAM" AND "VICTIM'S AND WITNESS'S BILL OF RIGHTS", RESPECTIVELY), PROVIDE A DEFINITION FOR RECKLESSLY OR INTENTIONALLY INFLICTED INJURY OR DEATH, AND CHANGE VARIOUS EXISTING DEFINITIONS; TO AMEND SECTION 16-3-1170, RELATING TO THE BASIS FOR AN AWARD UNDER THE PROVISIONS DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR AN AWARD FOR PSYCHIC TRAUMA; AND TO AMEND SECTIONS 16-3-1400, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM/WITNESS ASSISTANCE PROGRAM, AND 16-3-1520, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE DEFINITION OF "VICTIM" IN BOTH CODE SECTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1145 -- Senators Shealy, Horace C. Smith, Williams, Bryan, Waddell, McConnell, Martschink and Giese: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE ACCUMULATED INFORMATION CONCERNING THE USE OF ELECTRONIC SURVEILLANCE IN CONNECTION WITH PROBATION, WORK RELEASE, COURT-ORDERED RELEASE, AND ALTERNATIVE SENTENCING REGARDING NONVIOLENT CRIMES.
Ordered for consideration tomorrow.
Rep. HODGES, from the Lancaster Delegation, submitted a favorable report, on:
S. 1207 -- Senator Hinson: A BILL TO ESTABLISH THE LANCASTER COUNTY SCHOOL DISTRICT, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF TRUSTEES, TO ABOLISH THE; COUNTY BOARD OF EDUCATION AND THE DISTRICT SUPERINTENDENT OF EDUCATION AND DEVOLVE THEIR DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES; AND TO REPEAL ACT 848 OF 1976 RELATING TO THE ELECTION AND COMPOSITION OF THE LANCASTER COUNTY BOARD OF EDUCATION AND THE AREA BOARDS OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3836 -- Pep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-345 SO AS TO REQUIRE INDIVIDUAL OR GROUP HEALTH INSURANCE POLICIES ISSUED IN THIS STATE TO INCLUDE A MENTAL HEALTH COVERAGE PROVISION.
Referred to Committee on Labor, Commerce and Industry.
H. 3837 -- Reps. McEachin, McKay, Nettles, Gilbert and J.W. McLeod: A BILL TO AMEND SECTION 29-3-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUE ENTRY OF MORTGAGE SATISFACTIONS UPON THE MORTGAGE INDEXES BY THE REGISTER OF MESNE CONVEYANCES OF THE CLERK OF COURT, SO AS TO PROVIDE THAT IN LIEU OF THE REQUIREMENT THAT THE WORD "CANCELED" TOGETHER WITH THE SIGNATURE OF THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT BE ENTERED IN THE INDEXES, THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT MAY INSERT AN APPROPRIATE COLUMN ON THE SAME PAGE IN THESE INDEXES SHOWING THE BOOK AND PAGE NUMBER, IF ANY, OF THE SATISFACTION OR CANCELLATION.
Referred to Committee on Judiciary.
H. 3838 -- Rep. Rhoad: A BILL TO AMEND SECTION 46-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO DELETE THE POWER TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-3-145 SO AS TO EMPOWER THE DEPARTMENT OF AGRICULTURE TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS.
Referred to Committee on Agriculture and Natural Resources.
H. 3839 -- Reps. L. Phillips, Nesbitt, Mattos and McGinnis: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS STUDENTS MUST SATISFY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO ALTER THE ACADEMIC REQUIREMENTS.
Referred to Committee on Education and Public Works.
H. 3840 -- Rep. Hodges: A BILL TO AMEND SECTION 16-13-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF RECEIVING STOLEN PROPERTY, SO AS TO RAISE FROM ONE HUNDRED TO TWO HUNDRED DOLLARS THE VALUE OF STOLEN GOODS RECEIVED FOR CASES TRIABLE IN MAGISTRATES' COURTS, TO PROVIDE SPECIFIC PENALTIES FOR CONVICTIONS OF FIRST, SECOND, AND THIRD AND SUBSEQUENT OFFENSES OF RECEIVING STOLEN PROPERTY VALUED AT MORE THAN TWO HUNDRED DOLLARS AND TO PROVIDE THAT THE MINIMUM SENTENCE OF IMPRISONMENT FOR A THIRD OFFENSE AND SUBSEQUENT CONVICTION MAY NOT BE SUSPENDED.
Referred to Committee on Judiciary.
H. 3841 -- Reps. Rudnick and Washington: A BILL TO PROHIBIT ANY PUBLIC UTILITY FROM PUTTING ANY REQUESTED RATE INCREASE INTO EFFECT UNDER BOND WHILE APPEALING ANY PORTION OF AN ORDER OF THE PUBLIC SERVICE COMMISSION PERTAINING TO THAT REQUESTED INCREASE.
Referred to Committee on Judiciary.
H. 3842 -- Reps. Rudnick and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321, SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.
Referred to Committee on Judiciary.
H. 3843 -- Rep. T. Rogers: A BILL TO AMEND SECTION 25S, PART II, ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO THE EXTENSION OF THE FILING DEADLINE FOR THE INVENTORY TAX EXEMPTION, SO AS TO EXTEND THE DEADLINE FROM SEPTEMBER 30, 1987, UNTIL JUNE 30, 1988, AND TO ELIMINATE THE REQUIREMENT THAT THE TAXPAYER SHOW GOOD CAUSE TO RECEIVE THE EXTENSION.
Referred to Committee on Ways and Means.
H. 3844 -- Rep. Davenport: A BILL TO REPEAL ARTICLE 8, CHAPTER 21, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEACHER INCENTIVE PROGRAM.
Referred to Committee on Education and Public Works.
H. 3845 -- Rep. Davenport: A BILL TO REPEAL SECTION 59-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF SCHOOLS ON GENERAL ELECTION DAY.
Referred to Committee on Education and Public Works.
H. 3846 -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1986, 1987, AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1988, AND TO REQUIRE REFUND OF EXCESS 1986 OR 1987 TAXES PAID BECAUSE OF THE FAILURE TO FILE TIMELY THE EXEMPTION APPLICATION.
Referred to Committee on Ways and Means.
The following was introduced:
H. 3847 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. TERRY LEE DOBBINS OF GAFFNEY, A CHEROKEE COUNTY VOLUNTEER FIREMAN, WHO DIED IN A TRAFFIC ACCIDENT AS HE RUSHED TO THE SCENE OF A FIRE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WILKINS having the floor.
H. 3415 -- Rep. Wells: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO ALLOW COUNTY COUNCILS TO ENACT ORDINANCES REGULATING NOISE IN RESIDENTIAL AREAS AND STRUCTURES AND PROVIDE FOR FINES OF NOT MORE THAN TWO HUNDRED DOLLARS FOR VIOLATIONS.
Rep. LIMEHOUSE asked unanimous consent to pass over Amendment No. 1, which was agreed to.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc. No. 2068J).
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. That portion of item (5) of Section 4-9-30 of the 1976 Code preceding subitem (a) thereof is amended to read:
"(5) to assess property and levy ad valorem property taxes and uniform service charges, including the power to tax different areas at different rates related to the nature and level of governmental services provided but no uniform service charge may be levied for road and bridge maintenance; and make appropriations for functions and operations of the county, including, but not limited to, appropriations for general public works, including roads, drainage, and other public works; water treatment and distribution; sewage collection and treatment; courts and criminal justice administration; correctional institutions; public health; social services; transportation; planning; economic development; recreation; public safety, including police and fire protection, disaster preparedness, regulatory code enforcement; hospital and medical care; sanitation, including solid waste collection and disposal; elections; libraries; and to provide for the regulation and enforcement of the above; provided, however, that prior. Prior to the creation of any special tax district for the purposes enumerated herein, in this item one of the following procedures shall be is required:"
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. BLACKWELL raised the Point of Order that Amendment No. 2 to H. 3415 was out of order as it was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Reps. O. PHILLIPS, E.B. McLEOD and LEWIS objected to the Bill.
Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
H. 3453 -- Rep. Hayes: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY BY ADDING SECTION 16-17-445 SO AS TO PROVIDE RESTRICTIONS UPON UNSOLICITED CONSUMER TELEPHONE CALLS TO RESIDENCES, PROHIBIT THE MAKING OF UNSOLICITED CONSUMER TELEPHONE CALLS TO CERTAIN SUBSCRIBERS, AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO INVESTIGATE COMPLAINTS OF VIOLATIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATION.
The following Bill was taken up.
H. 3474 -- Rep. Gregory: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS, SO AS TO PROVIDE IT IS UNLAWFUL ALSO TO DISCHARGE FIREARMS AT OR INTO ANY BUILDING OR STRUCTURE REGULARLY OCCUPIED BY PERSONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1912J), which was adopted.
Amend the bill, as and if amended, Section 16-23-440, as contained in SECTION 1, by striking /three/ on the next to the last line and inserting /ten/. When amended Section 16-23-440 shall read:
"Section 16-23-440. Any person who shall unlawfully discharge discharges or cause causes to be discharged any firearms at or into any a dwelling house occupied as a dwelling shall be or other building or structure regularly occupied by persons is guilty of a misdemeanor and, upon conviction, thereof, shall be liable to either fine or imprisonment at hard labor or both fine and imprisonment, in the discretion of the court must be fined not more than one thousand dollars or imprisoned for not more than ten years, or both."/
Amend title to conform.
Rep. HAYES 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. 3527 -- Reps. Rudnick, Blackwell, Nesbitt, M.O. Alexander, Cole, Rhoad, Wilder, P. Harris, Huff, Jones, Kirsh, Whipper, Lanford, J.H. Burriss and Harvin: A BILL TO AMEND CHAPTER 5, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING GENERALLY, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IN THE EVENT OF A VACANCY IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1573J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 14-17-30 of the 1976 Code is amended to read:
"Section 14-17-30. In the event of any vacancy in the office of clerk the Governor shall have full power to fill it by appointment as provided in Section 4-11-20, except that this appointment must be made upon the recommendation of a majority of the members of the General Assembly representing that county. Until such vacancy be filled by appointment or election the judge of probate of the county shall take charge of the office and all of the papers therein, discharge the duties and receive the fees thereof, and be subject to all its liabilities as provided by law."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
Reps. LIMEHOUSE and HASKINS proposed the following Amendment No. 2 (Doc. No. 1993J), which was tabled.
Amend the bill, as and if amended, Section 30-5-11, as contained in SECTION 1, line 35, page 3527-3, by striking /recommendation of a majority/ and inserting /advice and consent/.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. BLACKWELL moved to table the amendment, which was agreed to.
Reps. HEARN, PETTIGREW, LIMEHOUSE, DAVENPORT, BAKER and HUMPHRIES objected to the Bill.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3567 -- Rep. Hayes: A BILL TO AMEND ARTICLE 1, CHAPTER 49, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS, SO AS TO REVISE THE PROCEDURES WHICH MUST BE FOLLOWED IN JUDICIAL SALES OF PROPERTY WHICH IS SUBJECT TO THESE EXEMPTIONS AND TO REPEAL ARTICLE 3 AND ARTICLE 5 OF CHAPTER 41, TITLE 15, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS.
Reps. WILKINS and HAYES explained the Bill.
H. 3776 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO THE SOUTH CAROLINA MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 940, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3778 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO REFUSAL TO WRITE, NONRENEWAL, AND CANCELLATION OF INSURANCE ON MOTOR VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 937, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 350 -- Corrections and Penology Committee: A BILL TO PROVIDE THAT EVERY SOLICITOR SHALL FURNISH THE APPROPRIATE CLERK OF COURT WITH A COPY OF ARREST WARRANTS, INCIDENT REPORTS, CRIMINAL CONVICTION RECORDS, AND THE PRESENTENCE INVESTIGATION OF EACH DEFENDANT SENTENCED TO A TERM OF IMPRISONMENT IN EXCESS OF NINETY DAYS, TO PROVIDE THAT THE CLERK OF COURT SHALL ATTACH A COPY OF THESE REPORTS TO THE PRISONER'S COMMITMENT PAPERS, AND TO PROVIDE THAT THE SOLICITOR AND CLERK OF COURT SHALL ALSO INSURE THAT ALL COMMITMENT ORDERS PERTAINING TO DEFENDANTS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS ARE REMITTED TO THE DEPARTMENT OF CORRECTIONS WITHIN TEN DAYS AFTER THE ADJOURNMENT OF THAT TERM OF COURT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1659J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Every clerk of court shall report the disposition of each case in the Court of General Sessions to the State Law Enforcement Division within thirty days of disposition. Every solicitor shall furnish the appropriate clerk of court with the information necessary for the clerk to report the disposition of criminal cases. The disposition report must be in a format approved by representatives of the State Law Enforcement Division and the office of court administration. With the approval of the State Law Enforcement Division and the office of court administration, this reporting requirement may be satisfied by use of General Sessions docket information transmitted to the office of court administration.
SECTION 2. This act takes effect on July 1, 1989./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.
S. 933 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO REPEAL SECTION 61-13-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF UNSTAMPED ALCOHOLIC LIQUORS AS CONTRABAND.
The following Joint Resolution was taken up.
H. 3777 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AUTOMOBILE INSURANCE CREDIT AND DISCOUNT PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BRADLEY moved to recommit the Joint Resolution to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was received.
H. 2573 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.
The members of the Conference Committee on H. 2573, relating to Property Tax Reassessments, met on February 17, 1988. The Conference Committee agrees to the following changes in H. 2573:
(1) The date by which written assessment notices must be mailed in non-reassessment years is July 1, or as soon thereafter as may be practicable. For reassessment years the written notices must be given by July 1. If timely notice is not given, the prior year's assessed value must be the basis for assessment in the current taxable year (Section 12-43-300 (A)).
(2) The House conferees agree to include language from the Senate version which provides that the notice must include "the percentage changes over the prior market value, if there is no change in use or physical characteristics of the property" (Section 12-43-300 (A)).
(3) The Senate conferees agree to the change proposed in the House version which increased from 10 to 30 the number of days within which a property owner may file a written notice of appeal to appeal the assessment (Section 12-43-300 (A)).
Respectfully submitted this 24th day of February, 1988.
/s/Senator J. Verne Smith /s/Rep. M.O. Alexander
Chairman Vice-Chairman
/s/Senator Theo Mitchell /s/Rep. Herbert Kirsh
/s/Senator David Thomas /s/Rep. J.C. Johnson
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 12-43-300 of the 1976 Code is amended to read:
"Section 12-43-300. (A) Whenever the market value estimate of any property is fixed by the assessor at a sum greater by one thousand dollars or more than the amount returned by the owner or his agent, or whenever any property is valued and assessed for taxation which has not been previously returned or assessed previously, the assessor shall, on or before the third Monday in June July first, or as soon thereafter as may be practicable, in the year in which the valuation and assessment is made give written notice thereof to the owner of the property or his agent. In reassessment years, the written reassessment notice to owners or agents must be given by July first. If there is no timely written notice the prior year's assessed value must be the basis for assessment for the current taxable year. The notice shall must include the prior market value, the total market value estimate, the value estimate if applicable, the assessment ratio, the total new assessment, the percentage changes over the prior market value, if there is no change in use or physical characteristics of the property, number of acres or lots, location of property, tax map, appeal procedure, and other pertinent ownership and legal description data required by the South Carolina Tax Commission. The notice may be served upon the owner or his agent personally or by mailing it to the owner or his agent at his last known place of residence which may be determined from the most recent listing in the applicable telephone directory, South Carolina Department of Highways and Public Transportation Motor Vehicle Registration List, county treasurer's records, or official notice from the property owner or his agent. The owner or his agent, if he objects to the valuation and assessment, shall serve written notice of his objection upon the assessor within thirty days of the date of the mailing of the notice. In years when there is no notice of appraisal because of a less than one thousand dollar change or no change in the appraised or assessed value, the owner or agent has until March first to serve written notice of objection upon the assessor of the appraised or assessed value. In those years, failure to serve written notice of objection by March first constitutes a waiver of the owner's right of appeal for that tax year and the assessor is not required to review any request filed after March first. The assessor shall then schedule a conference with the owner or agent within twenty days of receipt of the notice. If the assessor requests it, the owner shall, within thirty days after the conference, shall complete and return to the assessor the form as may be approved by the South Carolina Tax Commission commission relating to the owner's property and the reasons for his objection. Within thirty days after the conference, or as soon thereafter as thereafter as practicable, the assessor shall mail written notice of his action upon the objection to the owner. The owner or agent, if still aggrieved by the valuation and assessment, may appeal from the action to the Board of Assessment Appeals by giving written notice of the appeal and the grounds thereof to the assessor within ten thirty days from the date of the mailing of the notice. The assessor shall promptly notify promptly the Board of Assessment Appeals of the appeal.
(B) The governing body of the county may by ordinance extend the time for filing an objection to the valuation and assessment of real property resulting from reassessment within a county.
(C) The commission shall prescribe a standard reassessment form designed to contain the information required in subsection (A) in a manner that may be understood easily."
Amend title to conform.
Rep. M.O. ALEXANDER explained the Free Conference Report.
The Free Conference report was adopted and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3780 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ENTITLED ANNUAL RENEWAL AND LATE FEES AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 861, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3781 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOCKEMY explained the Joint Resolution.
H. 3782 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO WHOLESALE DRUG DISTRIBUTION AND MANUFACTURERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 941, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3783 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: SCOPE OF THE PROGRAM; ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITE explained the Joint Resolution.
H. 3794 -- Rep. Gentry: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SALUDA YOUNG FARMERS CHAPTER IN SALUDA COUNTY.
H. 3821 -- Rep. McTeer: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF STAFFORD LODGE NO. 216, ANCIENT FREE MASONS, OF HAMPTON COUNTY.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3794 be read the third time tomorrow.
The following Bill was taken up.
H. 3585 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 33, CHAPTER 17, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND LIABILITIES FOR ACTIONS PERTAINING TO RAILROADS, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT VEHICULAR TRESPASS ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1948J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 33, Chapter 17, Title 58 of the 1976 Code is amended by adding:
"Section 58-17-4095. (A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks unless the person:
(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;
(2) has authority from the railroad which owns the right-of-way;
(3) is using a public or private roadway which crosses over the railroad at an established grade crossing; or
(4) is acting in an official capacity with the military, police force, a fire fighting organization, or some similar public authority and must enter onto the railroad right-of-way to carry out his or her responsibilities.
(B) For the purposes of this section, the term 'vehicle' includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.
(C) A person violating the provisions of this section, upon conviction, shall pay a fine of not more than two hundred dollars or serve a term of imprisonment for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
H. 3652--POINT OF ORDER
The following Bell was taken up.
H. 3652 -- Reps. Kirsh, Nesbitt, Foster, Klapman and McLellan: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES, SO AS TO DELETE THE PROVISIONS RELATING TO THE COLLECTION OF REASONABLE EXPENSES NOT TO EXCEED FIVE PERCENT OF THE DELINQUENT TAXES AND PENALTIES INCURRED IN CONNECTION WITH EXECUTIONS AND ADD A PROVISION WHICH ALLOWS A MUNICIPALITY TO ADD THE EXPENSE OF THE LEVY, SEIZURE, AND SALE AND COLLECTED AS ADDITIONAL EXECUTION COSTS TO INCLUDE THE EXPENSE OF TAKING POSSESSION OF REAL OR PERSONAL PROPERTY, ADVERTISING, STORAGE, IDENTIFYING THE BOUNDARIES OF THE PROPERTY, AND MAILING CERTIFIED NOTICES.
Rep. KIRSH explained the Bill.
Rep. KEYSERLING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3670 -- Reps. McLellan, Toal and Kirsh: A BILL TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE FOR STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2058J), which was adopted.
Amend the bill, as and if amended, in Section 11-9-820 of the 1976 Code, as contained in SECTION 1, page 3, by adding immediately after line 7:
/The Board is considered a public body under the provisions of Section 30-4-20(a)./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. KIRSH continued speaking.
The amendment was then adopted.
Rep. McLELLAN 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 Pro Tempore sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3696 -- Reps. Helmly and Carnell: A JOINT RESOLUTION TO AMEND SECTION 40, PART I, ACT 170 OF 1987 (THE GENERAL APPROPRIATIONS ACT), RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO DELETE THE PROVISO THAT ONE MILLION DOLLARS OF THE ADDITIONAL GENERAL FUNDS APPROPRIATED FOR NURSING HOME PROVIDERS AND MATCHING FEDERAL FUNDS MUST BE EXPENDED ON NURSING HOME SERVICE RENDERED IN CERTAIN BEDS AND FACILITIES; AND TO PROVIDE THAT FUNDS BECOMING AVAILABLE AS A RESULT OF THE DELETION OF THE PROVISO MUST BE USED TO PROVIDE MEDICAID SERVICES TO NURSING HOME ELIGIBLE CLIENTS IN THE COMMUNITY LONG TERM CARE PROGRAM FOR FISCAL YEAR 1987-88.
Rep. T. ROGERS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3822 -- Ways and Means Committee: A BILL TO AMEND SECTION 11-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL FUND RESERVE, CAPITAL EXPENDITURE FUND, AND OTHER FISCAL MATTERS, SO AS TO REDUCE FROM FOUR TO THREE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT WHICH MUST BE MAINTAINED IN THE GENERAL FUND RESERVE, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE NOT EFFECTIVE UNTIL THE GENERAL ASSEMBLY APPROVES BY A JOINT RESOLUTION THE AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF THIS STATE WHICH ADDS SECTION 38 REQUIRING A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR AND PROVIDING WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
Rep. SHEHEEN explained the Bill.
Rep. THRAILKILL 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 Pro Tempore sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3823 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 38, SO AS TO REQUIRE A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
Reps. SHEHEEN and McLELLAN proposed the following Amendment No. 1 (Doc. No. 2130J).
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. There is proposed that Section 36 of Article III of the Constitution of this State be amended to read:
"Section 36. (A) The General Assembly shall provide for a General Fund Reserve Fund of four three percent of the general fund revenue of the latest completed fiscal year. Funds may be withdrawn from the reserve only for the purpose of covering operating deficits of state government. The General Assembly must provide for the orderly restoration of funds withdrawn from the reserve from future revenues.
(1) The General Assembly shall provide by law for a procedure to survey the progress of the collection of revenue and the expenditure of funds and to authorize and direct reduction of appropriations as may be necessary to prevent a deficit.
Upon implementation of the provisions of this section, the percentage rate of general fund revenue may be reduced to three or increased to five percent by the special vote provided in this section.
During the regular session of the General Assembly in 1990 and during the fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this section. Unless during such session that review results in an amendment to or repeal of the law implementing this section, which must be accomplished by the special vote provided in this section, the existing percentage rate shall remain unchanged.
The special vote referred to in this section means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch.
(2) In the event of a year-end operating deficit, so much of the reserve fund as may be necessary must be used to cover the deficit; and the amount must be restored to the reserve fund within three fiscal years of future revenues until four three percent general fund reserve is again reached and maintained. Provided that a minimum of one percent of the general fund revenue of the latest completed fiscal year must be restored to the reserve fund each year the first two three fiscal years following the deficit and two percent of the general fund revenue of the latest completed fiscal year must be restored to the reserve fund the third fiscal year following the deficit until the three percent General Reserve Fund is restored.
(B) The General Assembly shall provide annually for a Capital Reserve Fund equal to two percent of the general fund revenue of the latest completed fiscal year.
(1) If, before March first of a fiscal year the general fund does not attain the amount which is projected, monies from the Capital Reserve Fund may only be expended to offset budget reductions resulting from the failure of the general fund attaining its projected amount.
(2) After March first of a fiscal year, monies from the capital Reserve Fund may be appropriated by the General Assembly for the following purposes and in order of priority and each must be accomplished in separate legislation:
(a) to finance in cash previously authorized bond capital improvement projects;
(b) to retire interest or principal on bond issues of higher interest rates;
(c) for capital improvements or other nonrecurring purposes which must be accomplished in separate legislation. However, all monies spent for capital improvements or other nonrecurring purposes must be ranked in priority of expenditure and not be funded until thirty days after completion of the fiscal year. Any capital improvement or nonrecurring purpose for which money is appropriated under the provisions of this subitem not fully funded must be cancelled and these funds shall lapse."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 36 of Article III of the Constitution be amended to change the name of the General Fund Reserve to the General Reserve Fund, reduce from four to three percent of the General Fund Revenue of the latest completed fiscal year the amount required in the fund delete provisions requiring a special vote to adjust the percentage required in the fund, delete provisions requiring the General Assembly review the law on this subject every five years, provide a mechanism for restoring the fund should monies from the fund be expended, require a Capital Reserve Fund equal to two percent of the General Fund Revenue of the latest completed fiscal year, and provide that before March first the fund may be used to offset mid-year budget reductions and after March first monies from the fund may be appropriated in separate legislation by the General Assembly to finance in cash previously authorized capital improvement projects, retire bond principal or interest on bond issues of higher interest rates, and for capital improvements or other nonrecurring purposes which must be ranked in order of priority of expenditure and not be funded until thirty days after completion of the fiscal year and any capital improvements or nonrecurring purpose not fully funded must be cancelled and these funds shall lapse?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. LEWIS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
On motion of Rep. SHEHEEN the House stood at ease subject to the call of the Chair.
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3619 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JULIUS B. NESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 24, 1988.
The Honorable Julius B. Ness, Chief Justice of the Supreme Court was escorted to the rostrum by Senators Williams, Lindsay and Stilwell and Representatives WILKINS, McEACHIN and D. MARTIN.
The President of the Senate introduced Chief Justice Ness as follows:
'Ladies and gentlemen of the Joint Assembly, all of us have known this outstanding person through the years. He has portrayed many roles in South Carolina's history. As a family man, he's married to Katherine Rhoad of Bamberg, with two fine children. As a civic leader, he's involved in and has served in various positions with the Jaycees, American Legion, Euphradian Literary Society, the University of South Carolina Alumni Association, the Lions Club, and Blue Key. As a soldier, he was outstanding, serving in World War II, commanding a rifle company, the 349th Infantry in the 88th Division. He was seriously wounded in action April 8, 1944. He went on to serve until November 18th, 1945. As a citizen, he was also appointed to the South Carolina Highway Commission, at which time he offered many contributions to that particular element of our state government. As a legislator, he was a member of the South Carolina Senate, in the years of 1957 through 1958. On the judicial level, he served as a Judge of the Second Circuit, and was elected on January 29, 1958. He was elected to the Associate Justice of the Supreme Court on January 15, 1974. I was privileged to have the opportunity to vote for him. And then finally he was elevated to the Chief Justice of our great Supreme Court on February 20, 1985. Without further adieu, members of the Joint Session of the General Assembly, it is a pleasure and a privilege for me to introduce to you my friend, the Honorable Julius B. 'Bubba' Ness."
CHIEF JUSTICE NESS:
"Lieutenant Governor Theodore, Mr. Speaker, Distinguished Members of the General Assembly, Fellow Judges, Ladies and Gentlemen:
I am deeply honored to accept the invitation to address you on the state of the judiciary in South Carolina. This is the third time I have been invited to speak to you about the state of our judicial system and on each of the previous occasions, I was, of course, very pleased to do so. The opportunity to address you today, however, is an unexpected and especially welcomed opportunity. As you know, my retirement as Chief Justice of the State Supreme Court is imminent and I wanted very much to share with you the outstanding status of the court system in this state before I left office.
As I prepared my remarks for today, I reflected on the status of the Judicial system which I joined thirty years ago and the judicial system from which I retire in a few days. The differences in the two are overwhelming. When I became a member of the circuit bench in 1958, the judicial system of this state was in its infancy. Certainly it had been in existence for generations, but at that time we had nineteen judges, fourteen circuit judges and five Supreme Court judges. Today we have 87 judges. But, the number of judges and the method by which it operated retained much of its archaic origins. I have worked within the judicial system as it grew from infancy through adolescence and into adulthood. Today's judicial system is a model of efficiency which meets the needs of our citizens with a swiftness and quality unheard of in other states.
I recently attended the conference of Chief Justices in Williamsburg, Virginia, and as always, at every conference I have attended, one of the topics of our conversation was delay within the court system, both at the trial and appellate levels. Each year I have heard basically the same complaints paired with the best intentions for eliminating the problems. While other states have been analyzing the situation, South Carolina has been acting.
Today, in the State of South Carolina, there is no discernible backlog in any court, in any county, in this state. Cases can be heard at the appellate level within three months after briefs have been filed. General Sessions cases are normally disposed of within four months after the defendant's arrest. If the case is filed in Common Pleas Court today in any county in the state, it can be brought to trial within six months. The average length of time needed to resolve a family court case is less than three months and nearly all cases filed in Magistrate and Municipal Courts are resolved in one to three months.
Only a few years ago, as you know, those numbers were drastically different. When the Court of Appeals began operation in 1983, the cases they were hearing were as much as three years old. At the same time, progress was just beginning to be made in reducing the delays of the trial level which, in some cases, had also approached three years. Since that time, the delays have been slowly eliminated and today do not exist at all.
The accomplishment is even more remarkable in light of the number of cases being filed. Since 1985, when I took office as Chief Justice, the number of the cases filed annually in the trial courts has increased by almost 20 percent. Without adding one additional ounce of Judicial manpower, we have not only accommodated the increasing caseload, we have substantially increased the disposition rate to process not only the cases presently being filed, but the backlogged cases as well.
There was, of course, no one factor that brought about this increased efficiency in the trial courts of our state. The key factor was harder work by everybody -- judges, lawyers, and court staff. But several other factors contributed significantly to our ability to meet the demands of our increased caseload while also whittling away at the backlog.
The Chief Justice's authority to rotate circuit and family court Judges is crucial to managing an efficient court system. In this way, we are able to concentrate Judicial manpower in those counties where it is needed most. It makes no sense to have a Judge in a smaller county sitting idly while judges in the next county are swamped with work, and litigants have to stand in line to get their cases tried. The staff at Court Administration, under Louie Rosen's leadership, has done a remarkable job of determining the manpower needs of each of the circuits maximizing judicial resources to peak efficiency.
We are also able to assign administrative judges to a circuit based on the special needs of that circuit. Administrative needs of each circuit vary based on numerous factors, and we can match those needs to a particular Judge on an individualized basis. It is imperative that the Chief Justice retain the flexibility to assign judges based on need rather than geographic location.
This is most dramatically illustrated by our experience in the three largest circuits in the state. We experimented in the ninth circuit Charleston and Berkeley counties, by dividing the administrative duties for circuit court among two judges -- one for civil court and one for criminal court. We felt that, in the larger counties, the burdens of administrative duties were so great that it was becoming difficult for a single judge to efficiently manage administrative responsibilities, while also accommodating a full caseload. By dividing administrative responsibilities between two judges, the work was handled more expeditiously and the judges were not taken away from judging. The experiment worked so: well we have expanded it into the 15th circuit -- Horry and Georgetown counties -- and the 5th circuit -- Richland and Kershaw counties. The lawyers and the judges have praised the new process, and the statistics demonstrate the program is having its intended result.
The trial Judges in this state have done a remarkable job in bringing about this revolution of the court system. I know of no other state in the country that can guarantee such speedy disposition of cases at either the trial or appellate level. In sharp contrast to South Carolina's outstanding record, just a few months ago, the Los Angeles County Bar Association brought suit in Federal Court against California's Governor, Secretary of State, and State legislators, seeking additional trial judges to handle the staggering court docket in Los Angeles County. The suit alleges that the court's five year backlog deprives litigants of their federal and state constitutional rights to equal protection and access to the courts.
In Providence, Rhode Island, the average cases on the trial court docket are more than two years old. In Oakland, California, the average case is more than four years old. In Boston, Massachusetts, the average pending case is five years old.
Delays in the judicial process are not an inevitable fact of life. The example of South Carolina has proven unequivocally that court systems can be fully responsive to the needs of the citizens in a timely fashion and it can be done without significantly increased costs in state appropriations.
We have made progress in other areas as well. When I addressed you last year, I told you there were several projects then underway that I hoped to see accomplished before I retired as Chief Justice. At that time, I believed I would have more time than this past year to accomplish those goals. As you well know, things did not turn out quite like I hoped they would in that regard. Nonetheless, accepting the knowledge that I would be retiring this month, I obtained the generous cooperation of the other members of the Supreme Court to see certain of my planned projects come together before my retirement.
Just a few weeks ago, we submitted to the Judiciary Committees of the House and Senate, two proposals for new family court rules and for new criminal practice court rules. These proposals are not simply attempts to displace current practice in favor of a new system of practice that might work a little better. On the contrary, the proposals contained in the family court rules and the criminal practice rules are in direct response to the enactment of the South Carolina Rules of Civil Procedure in July of 1985.
When those rules were enacted, Chief Justice LittleJohn called upon the Family Court Judges Advisory Committee to study the existing family court rules and to propose any changes that might be necessary to conform the practice in family court to the new procedures mandated by the civil rules. That committee undertook an extensive review of practice and procedures in the Family Court and submitted its proposal for family court rules that will work in conjunction with the SCRCP to govern practice in the family courts. The advisory committee's proposal was submitted to the Supreme Court after Judge Littlejohn retired as Chief Justice and the Supreme Court submitted the rules to the Judicial Council for further study. The Judicial Council subcommittee met several times with representatives of this body to address concerns about the content and scope of discovery in family court actions. The Judicial Council submitted to the court a product with which we were quite impressed and we have submitted it to you with relatively few changes. I invite you to review our proposal for new family court rules with a realization that it represents the collective wisdom of a great many people and is, in my opinion, a sound proposal.
The proposal for criminal practice rules which has been submitted to you came about in a much different way. Largely without anyone realizing it, when the new rules of civil procedure were enacted in 1985, the repealer of then existing rules also eliminated virtually all procedural rules and statutes which governed general sessions practice. When the court realized what had occurred, we acted quickly to create a committee to identify the gaps that had been created and to make proposals for filling those gaps. Under the astute leadership of Chief Judge Alex Sanders of the Court of Appeals, the Criminal Practice Rules Committee identified those areas of practice that had been impacted by the repealer and proposed new rules to address those issues. Particularly in light of the severe time restraints which were placed upon the committee by the court, it produced what we believe to be a tremendous product. The proposed criminal practice rules have been submitted to you for your approval and they bear the full endorsement of the entire Supreme Court.
We have also asked the committee to remain in existence to study and make proposals for additional rules that may be needed for the general sessions court. There were a number of areas that the committee hoped to address, but were simply unable to by virtue of time. I am confident Chief Justice Elect Gregory and his court will give their full attention to any additional proposals which emanate from the committee and you will be kept advised of their progress.
I have been asked by several people to include in my remarks today, my thoughts on the issue of tort reform and what recommendations I have, if any, for a legislative response to this issue. I addressed this issue in my address to the South Carolina Bar at its mid-year meeting in Columbia several weeks ago and I have nothing further to say on this issue. It is my intention, after February 27th, to return to the active trial bar of this state. Any further comment I may have on this issue of tort reform or insurance reform will come from 'Private Citizen Bubba Ness' and not from Judge Ness.
I hope you will forgive me a personal observation at this point. Since I announced my retirement and my subsequent plans to return to the practice of law, together with holding a little court, if I am requested to do so, and also teaching at the Law School, the opinion has been widely expressed that my role as counsel with the firms of Motley, Loadholt, Richardson & Poole and Early, Kemp & Ness will be as patriarch, or counsel emeritus or some other largely honorary status. That is not true. I am prohibited by the Judicial Retirement Act from practicing law in the state courts of South Carolina. I have worked since I was twelve years old, when I first got a job at a filling station in Denmark, South Carolina. I have worked continuously since then, including my six years in the Army. However, I plan to fully participate in the federal court practice of both law firms and to appear in court for the trial of cases with other members of those firms. Even though this change of careers was not completely voluntary, I see this as a time of great opportunity and I look forward to assuming new responsibilities.
When I left the practice of law thirty years ago to become a judge in this state, I did so because of a deep conviction that judicial service is one of the greatest contributions one can make to improving the lives of the citizens of our state. No one makes the decision to enter judicial service lightly. It requires tremendous personal sacrifice to give up a law practice and a career to which many years have been devoted and to assume a lifestyle which subjects the judge to extensive public scrutiny and criticism. Nonetheless, I have had the pleasure of serving on the bench of this state with dozens of men and women who shared my commitment to excellence in the judicial process and who were also willing to share the responsibilities of achieving that goal. From time to time during my Judicial service, proposals have been made for changing the methods by which judges are elected in this state. Recent events have renewed interest in this issue and new proposals are already surfacing to change the method by which state judges are elected.
I urge you to exercise caution before making any change to the judicial selection process in this state. My good friend Bruce Littlejohn, on whose wisdom both you and I have relied many times, has pointed out that regardless of which method a state uses to select its judges, it continues to search for a better way. Invariably, each new proposal contains pitfalls not existing in the present process. It is my earnest belief that South Carolina's method for selecting judges, while not perfect, is better than any other method in place in other states in the nation.
Judges necessarily must be independent and free from political influences that work subtle influences on their decision-making process. For as long as I can remember in this state, our judicial system has attracted excellent lawyers who chose to become judges because they shared a common goal of seeing the system work. Good lawyers have given up thriving law practices to become public servants. Good lawyers have become good judges. Judges should be elected on their ability, not on their popularity.
I have always spoken out against public election of judges. And, if I may digress for just a minute, let me tell a short story. I was in South Dakota at a convention of Chief Justices, and talking to the Chief Justice, at that time, of the state of Texas. He was telling me how he had gotten a box of fruit a few weeks before, but had to return to the lawyer who had sent it to him, because it was improper for him to accept it. And then we started talking about how they elect judges in Texas. He told me it cost him one million dollars to run for judge. I asked him how long his term was. He told me six years. I asked him, 'How can you afford to run for Judge, if it costs you a million dollars for a six-year term?' He said they accept contributions, have a campaign manager and get contributions. I said, 'I don't understand how you couldn't take that box of fruit, but you can accept contributions from people.' He said, 'We don't know who the contributions are from.' I said, 'There must have been a lot of contributions for you to raise a million dollars. Some of them must have been quite sizable.' He said, 'They were.' I said, 'You mean to tell me that you don't know who gave those sizable contributions?' He said, 'Well, I have a good idea.' He then asked me how much it cost me to run for judge, and I told him, 'Not a dollar.' We don't want that in South Carolina, ladies and gentlemen.
The judiciary must be able to maintain its independence so that its decisions will not be based on political influences or popular opinion. A Judge should not be concerned every time he makes a ruling about how many votes he is losing because of the decision he is forced to make.
Election of judges by the general assembly has insulated our judiciary from negative influences which are inherent in public election of judges. We have been able to maintain a judiciary of outstanding quality and intellectual courage. We must not permit changes in the election process that would compromise the integrity of our judiciary.
Let me congratulate you on your choice of George Gregory to become your new Chief Justice. George and I have worked side-by-side for more than twelve years as colleagues on the Supreme Court. I knew him long before then, however, when we held circuit court together around the state. George will bring many gifts to the office of Chief Justice. Certainly not the least of his gifts is his ability to keep his name out of the newspaper, a trait I have wished many times he had taught to me. George is perhaps the most perceptive individual I have ever known. Countless times the members of our court would be discussing a case and those discussions would become quite animated. George would sit quietly throughout the battle, then calmly point out the key to the entire issue George is not dissuaded by difficult decisions, nor does he shy away from hard work. He is a scholarly man who will lead the Judicial Department with a strong and steady hand. He will not inject himself uninvited into matters which are not his concern, as his predecessor might have done on occasion, but when he chooses to speak, his words will bear the wisdom of great thought and deliberation. Chief Justice Gregory will bring to his new role a stability and calm that may be sorely needed after the storm of the 'Ness 'Administration' has moved out to sea.
It is not at all inappropriate that the vacancy on the Supreme Court created by my retirement should have been filled by the selection of Justice Elect Jean Toal to the Supreme Court. In 1977, I caused somewhat of an uproar when I hired the first full-time female law clerk in the state. A Judge who has since retired said to me at the time, 'How could you do that? She's a woman!' Kaye Hearn turned out to be an outstanding law clerk, a respected and able lawyer and is now one of the finest family court Judges in this state. Having broken that sexual barrier more than ten years ago, I find a certain sense of symmetry in seeing Jean break another sexual barrier by becoming the first woman on the South Carolina Supreme Court upon my retirement. She will be an outstanding addition to the Supreme Court and I look forward with great interest to the contributions Jean will undoubtedly make to the judicial system of this state.
In closing, let me say that it has been the greatest privilege of my life to serve the state of South Carolina as Chief Justice. My job was made much easier by the attitude with which this general assembly welcomed me and worked with me. There was never an occasion when I felt that your doors were not open, or when I could not simply pick up the phone and talk to any one of you about an issue of concern to me. When I had a problem, you listened and you acted. In working with you, I have felt like an equal partner in the administration of justice in this state and I well remember, as I am sure you do, how very recently that partnership came about. It would not have been possible to accomplish the things that I did without your continued interest and unwavering support. I will always be grateful to each of you for permitting me the privilege of working with you for the citizens of our state.
Since this will be my last public opportunity to do so, I would like to thank several other people whose invaluable assistance has made my Job the great pleasure that it was:
Bruce Littlejohn, who taught me how to be a judge, a justice and Chief Justice and on whose advice I still rely every day of my life.
George Gregory, Dave Harwell, Lee Chandler and Ernest Finney, who let me think I was their leader, even when they were fully in control.
Frances Smith and Clyde Davis who served as Clerk of the South Carolina Supreme Court and told me many times what I was supposed to be doing.
Chief Judge Alex Sanders and the members of the State Court of Appeals whose work made it possible for me to tell you today that the appellate backlog in this state has been eliminated.
The Circuit Court and Family Court Judges in this state whose jobs are far more difficult than mine could ever be and get far less credit than they deserve.
The staff of the Supreme Court and Court Administration whose contributions to the success of our judicial system are greatly appreciated although rarely acknowledged.
My law clerks, all eleven of them, who are like sons and daughters to me.
And finally to my wife, Kat, my daughter, Gail, and Richard for permitting me to share my life with them.
I do not know how I will be remembered as Chief Justice of this state. I hope to be remembered as a man who would not accept second best, and who dreamed of achieving only the finest things for the citizens of this state. I have not been guided by the example of one single individual, but by the collective pursuits of excellence by many people, some of whom are present today. From them I have learned that the key to excellence is desire, and the key to friendship is loyalty. There are no more important lessons in life than these.
As I end thirty-three years of public service to the State of South Carolina, I intend to continue to be guided by those lessons. My new pursuits as lawyer and educator will reflect new dreams of excellence, for my students and for my clients. I will set new goals, and work to see them achieved. In the words of Robert Browning,
'Oh, but a man's reach should exceed his grasp or what's a heaven for?'
Thank you very much."
Upon the conclusion of his address, Chief Justice Ness 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 12:45 P.M. the House resumed, the SPEAKER in the Chair.
Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
Rep. M.O. ALEXANDER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3797 -- Reps. Washington, Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Whipper and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE J. ARTHUR BROWN OF JAMES ISLAND IN CHARLESTON COUNTY.
H. 3798 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF COLONEL LOUIS WILLIFORD JACKSON OF ANDERSON.
H. 3800 -- Reps. T. Rogers and Pettigrew: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. DAVID D. BROWN OF THE SOUTH CAROLINA FORESTRY COMMISSION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3801 -- Reps. T. Rogers and Arthur: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JAMES W. CHEEK, TREASURER OF UNION COUNTY, FOR HIS FORTY YEARS OF OUTSTANDING PUBLIC SERVICE.
H. 3802 -- Reps. T. Rogers and Hearn: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. LILLIAN R. MIXON OF THE UNIVERSITY OF SOUTH CAROLINA FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3803 -- Reps. T. Rogers and Humphries: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. MYER GEDDINGS OF THE SOUTH CAROLINA FORESTRY COMMISSION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3804 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE LATE JOSEPH P. STROM OF THE STATE LAW ENFORCEMENT DIVISION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3805 -- Reps. T. Rogers and Hodges: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. NELL P. PERRY OF THE DEPARTMENT OF SOCIAL SERVICES FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3806 -- Reps. T. Rogers and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN F. HARRISON OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3807 -- Reps. T. Rogers and Felder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. KENNETH O. KOLB OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3808 -- Reps. T. Rogers and Koon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. MARY P. BECKHAM OF THE EMPLOYMENT SECURITY COMMISSION FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3809 -- Reps. T. Rogers and Cooper: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. SELENA PEPPERS OF CLEMSON UNIVERSITY FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3810 -- Reps. T. Rogers and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. BIRDIE MAE HART OF THE CITADEL FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3811 -- Reps. T. Rogers and Felder: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE DR. LEWIE C. ROACHE OF SOUTH CAROLINA STATE COLLEGE FOR FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3812 -- Reps. T. Rogers and McLellan: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. H. BETTS WILSON OF CLEMSON UNIVERSITY FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3813 -- Reps. T. Rogers and Koon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. DAN F. BECKMAN OF THE STATE LAW ENFORCEMENT DIVISION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3814 -- Reps. T. Rogers and G. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. RETTA MAE HEATON OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 3815 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO COMMEND CHIEF DEPUTY CLYDE STONE OF ANDERSON UPON HIS RETIREMENT AS SHERIFF E. E. COOLEY'S RIGHTHAND MAN FOR SIXTEEN YEARS AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
H. 3826 -- Reps. Koon, Felder, Sturkie, Derrick, Klapman, J.H. Burriss, Sharpe, 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, J. Brown, R. Brown, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Edwards, Elliott, Faber, Fair, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Kohn, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF BILL LUNDY, LEESVILLE POLICE CHIEF, UPON HIS TRAGIC DEATH IN THE LINE OF DUTY.
H. 3828 -- Rep. Barfield: A CONCURRENT RESOLUTION COMMENDING MS. CATHERINE H. LEWIS OF HORRY COUNTY, RETIRED LIBRARIAN OF THE HORRY COUNTY MEMORIAL LIBRARY, FOR HER TWENTY-SEVEN YEARS OF SUPERB SERVICE TO THE LIBRARY AND THE CITIZENS OF HER COUNTY, AND WISHING HER HAPPINESS IN HER RETIREMENT.
H. 3829 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES WESLEY WELLS, III, OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3830 -- Reps. Rudnick, Pettigrew, Gordon, Sharpe, Huff and Jones: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THE REVEREND WILLAR H. HIGHTOWER OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3847 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. TERRY LEE DOBBINS OF GAFFNEY, A CHEROKEE COUNTY VOLUNTEER FIREMAN, WHO DIED IN A TRAFFIC ACCIDENT AS HE RUSHED TO THE SCENE OF A FIRE.
At 12:47 P.M. the House in accordance with the motion of Rep. McLELLAN adjourned to meet at 11:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:37 P.M.