South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, JANUARY 26, 1993

Tuesday, January 26, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, Heavenly Father, for the important places You have called us to service in government. And we pray that You would keep us diligent and steadfast, knowing that no dream comes true until we wake up and go to work, and that satisfaction comes not as much from having much to live on as having much to live for; and furthermore life becomes a bore when it has no worthwhile purpose. Give us patience and perseverance seeing that even the snail reached Noah's Ark by these virtues.

Lord, in Your mercy, hear our prayer. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of former U.S. Supreme Court Justice Thurgood Marshall, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration.

Document No. 1554
Promulgated By Board of Education
Reporting Termination of School District Personnel to State Department of Education
Received By Speaker January 25, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 25, 1993

Document No. 1579
Promulgated By Board of Education
Trade and Industrial Education Teacher Certification
Received By Speaker January 25, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 25, 1993

Document No. 1578
Promulgated By Board of Education
Buildings and Grounds; Defined Minimum Program For South Carolina School Districts
Received By Speaker January 25, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 25, 1993

Document No. 1592
Promulgated By Board of Education
Textbook Adoption
Received By Speaker January 25, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 25, 1993

REPORT OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of South Carolina Student Legislature for a reception, February 17, 1996 at 1:30 P.M. in the lower lobby of the State House.

The invitation was accepted.

REPORTS OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3228 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE ON THE DREHER ISLAND ROAD BETWEEN LEXINGTON AND NEWBERRY COUNTIES AS THE "ADAMS CAMP BRIDGE".

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3121 -- Rep. Harvin: A HOUSE RESOLUTION CONGRATULATING CLARENDON COUNTY CITIZENS -- SHERIFF'S DEPARTMENT LIEUTENANT RANDY GARRETT, HIGHWAY PATROL TROOPER BENJI ANDREW, AND SHERIFF H.F. SWILLEY -- AND ALSO COLONEL R.N. ALFORD, THE DIRECTOR OF LAW ENFORCEMENT FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, UPON RECEIVING THE FIRST ANNUAL ACE (AGGRESSIVE CRIMINAL ENFORCEMENT) PROGRAM AWARDS, AND GRANTING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, JANUARY 26, 1993, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR AWARDS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3248 -- Reps. Cato, Cooper and Vaughn: A HOUSE RESOLUTION TO AMEND RULE 6.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE TIME OF MEETINGS OF THE HOUSE, SO AS TO PROVIDE THAT THE HOUSE MAY NOT MEET BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 6:00 A.M. ON ANY LEGISLATIVE DAY UNLESS SUSPENDED BY A TWO-THIRDS VOTE OF THE MEMBERS PRESENT AND VOTING.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 3249 -- Reps. D. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION TO RECOGNIZE W. KEITH RICHARDSON OF CLINTON WHO ANNOUNCED HIS RETIREMENT AS HEAD COACH AND ATHLETIC DIRECTOR AFTER WINNING TWO HUNDRED THIRTY-NINE HIGH SCHOOL FOOTBALL GAMES AND SIX STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS IN TWENTY-FOUR SEASONS AT CLINTON HIGH SCHOOL.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3250 -- Reps. Hallman, H. Brown, Fulmer, Sharpe, Harrell, Riser, Wofford, J. Bailey, Byrd, Neal, Law, R. Young and Witherspoon: A BILL TO AMEND SECTION 12-4-335(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION IN ADMINISTRATIVE TAX PROCESS, SO AS TO PROVIDE THAT TAXPAYERS MAY BE REPRESENTED BY REGISTERED, CERTIFIED, AND LICENSED REAL ESTATE APPRAISERS LICENSED PURSUANT TO THE PROVISIONS OF CHAPTER 60 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976.

Referred to Committee on Labor, Commerce and Industry.

H. 3251 -- Reps. Cato, Vaughn, Clyborne, A. Young, Simrill, Hutson, H. Brown, Robinson, Chamblee, Meacham, Cooper, D. Smith, Jaskwhich, Trotter and Marchbanks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT BY ADDING SECTION 15A, SO AS TO REQUIRE A BILL OR RESOLUTION OF THE GENERAL ASSEMBLY IMPOSING OR INCREASING A TAX OR FEE MUST BE SUBMITTED TO A VOTE OF THE ELECTORS OF THE STATE IF THE BILL OR RESOLUTION DOES NOT RECEIVE THE APPROVAL OF TWO-THIRDS OF THE MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES AND TWO-THIRDS OF THE MEMBERSHIP OF THE SENATE.

Referred to Committee on Judiciary.

H. 3252 -- Reps. Cato, A. Young, Jaskwhich, Graham and Klauber: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS, AND TO PROVIDE THAT A PERSON SERVING FIFTY PERCENT OR MORE OF A TERM FOR WHICH HE WAS ELECTED IS DEEMED TO HAVE SERVED THE FULL TERM; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, TO REVISE CERTAIN OBSOLETE REFERENCES, AND TO PROVIDE THAT A PERSON SERVING FIFTY PERCENT OR MORE OF A TERM FOR WHICH HE WAS ELECTED IS DEEMED TO HAVE SERVED THE FULL TERM; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS, AND TO PROVIDE THAT A PERSON SERVING FIFTY PERCENT OR MORE OF A TERM FOR WHICH HE WAS ELECTED IS DEEMED TO HAVE SERVED THE FULL TERM.

Referred to Committee on Judiciary.

H. 3253 -- Rep. Stoddard: A BILL TO AUTHORIZE ANY RETAIL ESTABLISHMENT LICENSED TO DO BUSINESS IN THIS STATE TO DISPLAY "CLOSED" OR "OPEN" SIGNS IN ITS WINDOW IF NOT IN CONFLICT WITH LOCAL ORDINANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3254 -- Reps. P. Harris, Waldrop, Neilson, J. Wilder, Baxley, Walker and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.

Referred to Committee on Education and Public Works.

H. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3256 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-685, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TURTLE EXCLUDER DEVICES, SO AS TO AUTHORIZE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO REQUIRE THE DEVICES TO BE USED IN CERTAIN WATERS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3257 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL QUAIL BREEDERS LICENSE, SO AS TO CHANGE THE TIME DURING WHICH A LICENSE IS EFFECTIVE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3258 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-50 SO AS TO PROHIBIT THE WOUNDING, INJURING, OR KILLING OF WILDLIFE WITHOUT ATTEMPTING TO LOCATE IT AND TAKE IT INTO POSSESSION AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3259 -- Reps. Sheheen, M.O. Alexander, Hodges, Cromer, McElveen, Wilkins, Huff, Rogers and Felder: A BILL TO AMEND CHAPTER 23 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5 SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH INDIVIDUALLY SHALL HEAR, DETERMINE, AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES AND COMMISSIONS, AND IN PANELS SHALL HEAR WORKERS' COMPENSATION APPEALS FROM THE SINGLE COMMISSIONER LEVEL RATHER THAN A PANEL OF THE WORKERS' COMPENSATION COMMISSION OR THE FULL COMMISSION, AND TO AMEND SECTION 42-3-20, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE REFERENCES TO PANELS OF THE COMMISSION AND THE AUTHORITY OF THESE PANELS OR THE FULL COMMISSION TO CONDUCT REVIEWS OF SINGLE COMMISSIONER DECISIONS.

Referred to Committee on Judiciary.

H. 3260 -- Reps. Sheheen, Hodges, Quinn, Wilkins, Huff, Rogers, M.O. Alexander and Clyborne: A BILL TO ENACT THE SOUTH CAROLINA LAW ENFORCEMENT EFFICIENCY AND CONSOLIDATION ACT OF 1993 BY AMENDING ARTICLE 1, CHAPTER 3 OF TITLE 23 OF THE 1976 CODE, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, CHAPTER 5, TITLE 23, RELATING TO THE STATE HIGHWAY PATROL; SECTIONS 57-3-10, 57-3-30, AND 57-3-610, AND ADDING SECTION 57-3-615 RELATING TO VARIOUS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVISIONS; ARTICLE 3, CHAPTER 3 OF TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION; AND SECTIONS 61-1-60, 61-3-220, 61-5-100, 61-5-140, 61-9-1050, 61-13-410, 61-13-810, AND 61-13-836, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND THE ENFORCEMENT OF CERTAIN ALCOHOLIC BEVERAGE LAWS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IS RESPONSIBLE FOR THE ENFORCEMENT OF ALL CRIMINAL LAWS, INCLUDING TRAFFIC OFFENSES, MISDEMEANORS, AND FELONIES, AND CIVIL LAWS, THE VIOLATION OF WHICH MAY RESULT IN A FINE OR OTHER PENALTY BEING ASSESSED AGAINST THE VIOLATOR, WHICH LAWS ARE NOW ENFORCED BY PERSONNEL EMPLOYED BY AND UNDER THE JURISDICTION OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION; TO REVISE THE TERM OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE DIVISION MUST BE STRUCTURED AND FOR THE PERSONNEL THEREOF, TO PROVIDE FOR THE MAINTENANCE AND SERVICE OF VEHICLES OF THE DIVISION BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, APPROPRIATIONS, AND PROPERTY.

Referred to Committee on Judiciary.

H. 3261 -- Rep. Kirsh: A BILL TO AMEND SECTION 8-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROHIBIT REPRESENTATION OF CLIENTS FOR COMPENSATION BY PUBLIC OFFICIALS OR EMPLOYEES BEFORE ENTITIES WHOSE MEMBERS OR OFFICERS ARE ELECTED OR APPOINTED BY THE ENTITY WITH WHICH THE OFFICIAL OR EMPLOYEE IS ASSOCIATED, EXEMPT COURT APPEARANCES, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY MAY APPEAR BEFORE CERTAIN COMMISSIONS IN RATE OR PRICE FIXING MATTERS.

Referred to Committee on Judiciary.

H. 3262 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT REQUIRED ON BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE EVERY TRAILER AND SEMITRAILER, RATHER THAN JUST THOSE OVER THREE THOUSAND POUNDS OF GROSS WEIGHT, TO HAVE CERTAIN LIGHTING EQUIPMENT, INCLUDING A STOP LIGHT.

Referred to Committee on Education and Public Works.

H. 3263 -- Reps. Walker, Cato, M.O. Alexander, Allison, Anderson, Baker, Beatty, Clyborne, Davenport, Fair, Haskins, Jaskwhich, Lanford, Littlejohn, Mattos, McMahand, D. Smith, Vaughn, Wilkins, Wells and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-2, SO AS TO PROVIDE THAT A GEOGRAPHIC COORDINATE USED TO DEFINE A POINT ON A COUNTY BOUNDARY UTILIZES THE COORDINATE SYSTEM PROVIDED IN CHAPTER 2 OF TITLE 27 AND MUST CONTROL IF PHYSICAL FEATURES ALSO ARE USED TO DESCRIBE THE LOCATION OF A POINT ARE DIFFERENT; TO AMEND SECTIONS 4-3-280 AND 4-3-480, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO REDEFINE THESE BOUNDARIES.

On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3264 -- Rep. Hodges: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO DELETE THE PROVISIONS FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET THE SEASON IN GAME ZONE 4 AND PROVIDE FOR THE SEASON IN THAT GAME ZONE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3265 -- Reps. Quinn, Stuart and Wright: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT, SO AS TO PROVIDE THAT THIS SECTION INCLUDES AND APPLIES TO PAID AND VOLUNTEER FIREFIGHTERS, AND CHANGE THE SERVICE-START DATE FROM MAY 29, 1968, TO DECEMBER 31, 1992, FOR PURPOSES OF BEING SUBJECT TO CERTAIN REQUIREMENTS, AND PROVIDE THAT THE CHANGE IN THE DATE IN SECTION 42-11-30 MUST BE CONSTRUED SO AS TO ALLOW THOSE WHO WERE FIREFIGHTERS ON OR BEFORE DECEMBER 31, 1992, TO BE ENTITLED TO THE PRESUMPTION SET FORTH IN THAT SECTION WITHOUT BEING SUBJECT TO A CERTAIN REQUIREMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

Referred to Committee on Judiciary.

H. 3268 -- Reps. Baxley, Jennings and Haskins: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY AND FUELS USED FOR RESIDENTIAL PURPOSES TO ELECTRICITY AND FUELS USED IN OUTBUILDINGS ON THE RESIDENTIAL PROPERTY WHEN THE OUTBUILDINGS ARE NOT USED FOR BUSINESS PURPOSES.

Referred to Committee on Ways and Means.

S. 240 -- Senators Setzler, Wilson, Lander and Ryberg: A BILL TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE THE DATE OF THE OFFICIAL MAP ON WHICH THESE PRECINCTS ARE SHOWN.

On motion of Rep. WRIGHT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 3266 -- Reps. Farr, Wells, Beatty, Littlejohn, Lanford, Allison, D. Smith, Felder, Davenport and D. Wilder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES MOORER OF SPARTANBURG COUNTY, A SOUTH CAROLINA COACHING LEGEND, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrelson              Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 26.

Curtis B. Inabinett               Larry L. Elliott
Robert A. Barber, Jr.             C. Lenoir Sturkie
Morgan Martin                     James H. Harrison
Ronald P. Townsend
Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. CARNELL a leave of absence for the day due to being out of State on business.

The SPEAKER granted Rep. HARRELL a temporary leave of absence to attend the funeral of Norman Shepard.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, January 26.

Robert W. Harrell, Jr.

STATEMENT OF ATTENDANCE

Rep. Neal signed a statement with the clerk that he came in after the roll call and was present for the session on Thursday, January 21.

DOCTOR OF THE DAY

Announcement was made that Dr. Marion Burton of Columbia is the Doctor of the Day for the General Assembly.

H. 4200--SUSTAINED

The Veto on the following Act was taken up.

(R609) H. 4200 -- Rep. Altman: AN ACT TO AMEND SECTION 56-1-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF DRIVER'S LICENSE, SO AS TO PROVIDE THAT MULTIPLE PERIODS OF SUSPENSION RUN CONCURRENTLY AND TO PROVIDE THE PROCEDURE FOR LICENSE REINSTATEMENT; AND TO AMEND SECTION 56-1-745, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 98

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Askins                 Bailey, G.             Baker
Baxley                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Graham
Hallman                Harrelson              Harris, J.
Harwell                Haskins                Hines
Hodges                 Holt                   Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Richardson             Riser
Robinson               Rudnick                Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stone                  Stuart
Sturkie                Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--98

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3408--SUSTAINED

The Veto on the following Act was taken up.

(R562) H. 3408 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CEMETERY ACT OF 1984, SO AS TO REVISE THE SOUTH CAROLINA CEMETERY BOARD AND ITS POWERS AND DUTIES AND THE REQUIREMENTS FOR FUNERAL VAULTS, CEMETERIES, AND LICENSES; AND TO TERMINATE THE PROGRAMS, FUNCTIONS, AND REGULATIONS OF THE SOUTH CAROLINA CEMETERY BOARD JUNE 30, 1996.

Rep. KIRSH explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 50; Nays 54

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, J.              Byrd                   Chamblee
Cobb-Hunter            Cromer                 Delleney
Elliott                Farr                   Govan
Harrelson              Harvin                 Hines
Hodges                 Holt                   Houck
Inabinett              Jennings               Keyserling
Kinon                  Kirsh                  Koon
Law                    Mattos                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Rudnick
Scott                  Sheheen                Snow
Spearman               Stille                 Stoddard
Waites                 Waldrop                Whipper
Wilder, D.             Wilkes

Total--50

Those who voted in the negative are:

Allison                Bailey, G.             Baker
Brown, H.              Cato                   Clyborne
Cooper                 Corning                Davenport
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harris, J.             Harris, P.             Haskins
Hutson                 Jaskwhich              Keegan
Kelley                 Kennedy                Klauber
Lanford                Littlejohn             Marchbanks
McKay                  Meacham                Quinn
Richardson             Riser                  Robinson
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Stuart
Sturkie                Thomas                 Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilder, J.             Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--54

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 4233--SUSTAINED

The Veto on the following Act was taken up.

(R586) H. 4233 -- Reps. McGinnis, Neilson and Baxley: AN ACT TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 74

Those who voted in the affirmative are:

Elliott                Hines                  Neilson
Sheheen

Total--4

Those who voted in the negative are:

Alexander, M.O.        Allison                Askins
Bailey, G.             Baker                  Baxley
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Davenport              Fair
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrelson
Harris, J.             Harris, P.             Harvin
Haskins                Hutson                 Jaskwhich
Keegan                 Kelley                 Keyserling
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neal
Phillips               Quinn                  Richardson
Riser                  Robinson               Rudnick
Scott                  Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  White
Wilkins                Williams               Wofford
Wright                 Young, A.

Total--74

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 4561--SUSTAINED

The Veto on the following Act was taken up.

(R599) H. 4561 -- Reps. Jennings, J. Harris and K. Burch: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONES 5 AND 8; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-318 SO AS TO PROVIDE FOR THE TEMPORARY TRANSFER OF CONSERVATION OFFICERS.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 7; Nays 47

Those who voted in the affirmative are:

Baxley                 Elliott                Harrelson
Harris, J.             Jennings               Spearman
Tucker

Total--7

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Chamblee               Clyborne
Cooper                 Davenport              Fair
Fulmer                 Gonzales               Graham
Hallman                Harris, P.             Harvin
Haskins                Hutson                 Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Law                    Littlejohn
Marchbanks             Mattos                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Richardson             Robinson
Rudnick                Sheheen                Simrill
Smith, D.              Smith, R.              Trotter
Vaughn                 Waites                 Walker
Wells                  Wilkins                Williams
Worley                 Young, A.

Total--47

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 4880--OVERRIDDEN

The Veto on the following Act was taken up.

(R573) H. 4880 -- Rep. Baxley: AN ACT TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.

Rep. BAXLEY explained the veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 0

Those who voted in the affirmative are:

Baxley                 Hines                  Jennings
Neilson

Total--4

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

H. 3941--SUSTAINED

The Veto on the following Act was taken up.

(R619) H. 3941 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION OF AN INSURER OF AN ACCIDENT AND HEALTH INSURANCE POLICY OR CONTRACT TO THE INSURED'S RIGHTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT SELF-INSURERS HAVE THE SAME SUBROGATION RIGHTS.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 83

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Baker                  Baxley
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cooper                 Corning                Davenport
Delleney               Elliott                Fair
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrelson              Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hines                  Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Marchbanks
Mattos                 McCraw                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Richardson             Robinson               Rudnick
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Stille                 Stone                  Stuart
Thomas                 Trotter                Tucker
Vaughn                 Waites                 Walker
Wells                  White                  Wilder, J.
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--83

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3400--SUSTAINED

The Veto on the following Act was taken up.

(R581) H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: AN ACT TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 90

Those who voted in the affirmative are:

Beatty                 Harvin                 Inabinett
Neal

Total--4

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Baker                  Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Davenport
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrelson              Harris, J.
Harrison               Harwell                Haskins
Hines                  Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McCraw
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Richardson             Riser
Robinson               Rudnick                Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stone                  Stuart
Thomas                 Trotter                Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--90

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

Rep. PHILLIPS moved that the House do now adjourn.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3007 -- Reps. J. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 24, 1993, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 24, 1993, AT WHICH TIME THE STATE LIFE ABILITIES AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

H. 3190 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 17, 1993.

H. 3249 -- Reps. D. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION TO RECOGNIZE W. KEITH RICHARDSON OF CLINTON WHO ANNOUNCED HIS RETIREMENT AS HEAD COACH AND ATHLETIC DIRECTOR AFTER WINNING TWO HUNDRED THIRTY-NINE HIGH SCHOOL FOOTBALL GAMES AND SIX STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS IN TWENTY-FOUR SEASONS AT CLINTON HIGH SCHOOL.

H. 3266 -- Reps. Farr, Wells, Beatty, Littlejohn, Lanford, Allison, D. Smith, Felder, Davenport and D. Wilder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES MOORER OF SPARTANBURG COUNTY, A SOUTH CAROLINA COACHING LEGEND, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of former U.S. Supreme Court Justice Thurgood Marshall, to meet at 2:00 P.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 3:45 P.M.