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

WEDNESDAY, FEBRUARY 17, 1993

Wednesday, February 17, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:30 A.M.

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

So often, Lord, our puny strength and our fallible judgments are unequal to the tasks set before us. Forbid that we should rely upon our own devices and councils without Your guidance. Through the tangled wilderness of human relationships, show us clearly the way that leads to the summit of Your will. With eyes cleansed of selfish interest, enable us to see Your way clearly. And in that vision, may we make our plans, mold our lives, enact our laws. May all narrow barriers be burned away that shut us off from the highest and the best.

We pray to our God Who seeks to lead us into goodness and truth. 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.

MOTION ADOPTED

Rep. KINON moved that when the House adjourns, it adjourn in memory of Mr. Gerald Herring, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

Invitation of The Electric Cooperatives of South Carolina, Inc. for a Legislative Appreciation Dinner, March 2, 1993, hospitality 6:00 - 6:45 P.M., dinner 7:00 P.M. at the Sheraton.

The invitation was accepted.

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

Invitation of South Carolina Nurses Association for breakfast, March 3, 1993, 7:30 A.M. at the Carolina Plaza.

The invitation was accepted.

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

Invitation of The South Carolina Education Association for a reception, March 3, 1993, 7:00 P.M. - 9:00 P.M. at the South Carolina State Museum.

The invitation was accepted.

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

Invitation of The South Carolina Petroleum Marketers Association for a reception, March 9, 1993, 6:00 P.M. - 8:00 P.M. at the Marriott.

The invitation was accepted.

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

Invitation of Santee Cooper for a luncheon, March 10, 1993, upon adjournment at the Summit Club.

The invitation was accepted.

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

Invitation of South Carolina Summary Court Judges Association for a reception, March 10, 1993, 6:00 - 8:00 P.M. at the Holiday Inn.

The invitation was accepted.

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

Invitation of South Carolina Recreation and Parks Association for a reception, March 16, 1993, 6:00 - 7:30 P.M. at the Marriott.

The invitation was accepted.

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

Invitation of South Carolina Department of Mental Retardation for Mental Retardation Awareness Day, March 17, 1993, 10:00 A.M. - 2:00 P.M.

The invitation was accepted.

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

Invitation of DuPont for a reception, March 23, 1993, 6:00 P.M. - 8:00 P.M. at the Marriott.

The invitation was accepted.

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

Invitation of The South Carolina Travel and Tourism Forum for a luncheon, March 24, 1993, 12:00 P.M. or upon adjournment, behind the State House on the South Lawn.

The invitation was accepted.

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

Invitation of Mid-State South Carolina Chapter of Alzheimers Association for dinner, March 24, 1993, 6:00 P.M. - 8:00 P.M. at the William S. Hall Psychiatric Institute.

The invitation was accepted.

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

Invitation of The National Association of Credit Managers for breakfast, March 25, 1993, 7:30 A.M. - 9:00 A.M. at the Holiday Inn.

The invitation was accepted.

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

Invitation of The South Carolina AFL-CIO for a reception, March 30, 1993, 6:00 P.M. - 8:00 P.M. at the Town House.

The invitation was accepted.

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

Invitation of The South Carolina Prayer Fellowship for breakfast, March 31, 1993, 7:45 A.M. at Embassy Suites.

The invitation was accepted.

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

Invitation of Manufactured Housing Institute of South Carolina for a reception, March 31, 1993, 6:00 P.M. - 8:00 P.M. on the McNair Mall behind the Wade Hampton Building.

The invitation was accepted.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3014 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 44 SO AS TO PROVIDE FOR FAMILY SUPPORT SERVICES THROUGH THE DEPARTMENT OF MENTAL RETARDATION.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3295 -- Reps. Tucker and D. Smith: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY RECOVERED BY THE SHERIFF OR POLICE CHIEF, SO AS TO CHANGE THE TIME FOR A PUBLIC AUCTION TO SIXTY DAYS.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 172 -- Senators Giese, Passailaigue, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Greg Smith, Waldrep, Washington, Glover and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING IN COOPERATION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY TO ESTABLISH A TASK FORCE TO STUDY HOME EQUITY CONVERSION MORTGAGES AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3015 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO DEFINE "ACCREDITED COLLEGE OR UNIVERSITY" AND CHANGE THE BOARD NAME TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3098 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3099 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3165 -- Reps. P. Harris, Waldrop, Neilson, Allison, Cromer, Haskins, Jaskwhich, Littlejohn, Marchbanks, Mattos, Phillips, Rudnick, Shissias, Snow, Stille, Vaughn, Wells, Whipper, J. Wilder and Wilkes: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE SOUTH CAROLINA AREA AGENCIES ON AGING TO EXPLORE INTEGRATING TOPICS RELATING TO AGING INTO CURRENT PUBLIC SCHOOL CURRICULUM AND TO PROMOTE VOLUNTEERISM WITHIN THE SCHOOL SYSTEM.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3208 -- Rep. Spearman: A BILL TO AMEND SECTIONS 56-3-1850 AND 56-3-1870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDAL OF HONOR LICENSE PLATES, SO AS TO PROVIDE THAT THE LICENSE PLATE MAY BE ISSUED AND TRANSFERRED TO A LEASED VEHICLE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTION FOR AD VALOREM TAXES, SO AS TO PROVIDE THAT A LEASED VEHICLE WITH A MEDAL OF HONOR LICENSE PLATE IS EXEMPT FROM AD VALOREM TAXATION.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3310 -- Reps. Phillips, Rogers, McTeer, A. Young and Meacham: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE BASED ON AGE.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3022 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 44-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE SALE AND USE OF CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO PROVIDE THAT CLEANING AGENTS USED BY INDUSTRY FOR FABRIC OR FIBER CLEANING IS EXEMPT FROM THESE RESTRICTIONS.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3053 -- Rep. Keyserling: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3136 -- Reps. J. Brown, Rudnick, Snow, McMahand, Byrd, Anderson, Holt, Canty, Haskins and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS SO AS TO CHANGE THE NAME OF THE BOARD TO THE BOARD OF PODIATRIC EXAMINERS, TO ADD AN ADDITIONAL MEMBER OF THE BOARD WHO MUST BE ENGAGED IN THE PRACTICE OF PODIATRY, AND TO REVISE AND FURTHER PROVIDE FOR THE QUALIFICATIONS OF MEMBERS OF THE BOARD AND FOR THE MANNER IN WHICH THE PODIATRIST MEMBERS OF THE BOARD ARE SELECTED.

Ordered for consideration tomorrow.

Rep. HARRELSON, from the Colleton Delegation, submitted a favorable report, on:

S. 239 -- Senator Washington: A BILL TO AMEND SECTION 2-281, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

Ordered for consideration tomorrow.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 17, 1993
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

Received as information.

RATIFICATION OF ACTS

At 11:40 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R3) S. 240 -- Senators Setzler, Wilson, Lander and Ryberg: AN ACT 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.

(R4) S. 276 -- Senators Drummond, Setzler, J. Verne Smith, Stilwell, Moore, Giese, Washington, Leventis, Ryberg, Ford, Lander, Courson, Cork, Land, Hayes and Waldrep: AN ACT TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1992-93, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.

(R5) S. 319 -- Senator Greg Smith: AN ACT TO REPEAL A JOINT RESOLUTION OF 1992 BEARING ACT NUMBER 314, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.

(R6) S. 379 -- Senator Martin: AN ACT TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

(R7) S. 380 -- Senator Martin: AN ACT TO AMEND ACT 609 OF 1984, RELATING TO THE SINKING FUND COMMISSION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO ADD THE SUPERINTENDENT OF EDUCATION FOR THE PICKENS COUNTY SCHOOL DISTRICT TO THE SINKING FUND COMMISSION.

(R8) H. 3337 -- Rep. J. Wilder: AN ACT TO AMEND ACT 710 OF 1978, RELATING TO THE AUTHORITY OF THE TRUSTEES OF SCHOOL DISTRICT 45 IN BARNWELL COUNTY TO CHARGE STUDENT FEES, SO AS TO DELETE THE REQUIREMENT THAT THESE FEES MUST RECEIVE WRITTEN PRIOR APPROVAL OF THE COUNTY COUNCIL.

(R9) H. 3280 -- Rep. Sheheen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.

(R10) 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: AN ACT 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.

THE HOUSE RESUMES

At 11:41 A.M. the House resumed, the SPEAKER in the Chair.

INTRODUCTION OF BILLS

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

H. 3505 -- Rep. Cromer: A BILL TO AMEND SECTIONS 16-9-10, 16-9-20, AND 16-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERJURY, SUBORNATION OF PERJURY, SUBORNATION OF PERJURY IN CIVIL ACTIONS, PENALTIES, AND THE ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY OR SUBORNATION OF PERJURY, SO AS TO INCREASE THESE PENALTIES.

Referred to Committee on Judiciary.

H. 3506 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-65 SO AS TO DEFINE THE TIME FOR THE APPEAL OF AD VALOREM PROPERTY TAX ASSESSMENTS FOR CERTAIN PERSONAL PROPERTY.

Referred to Committee on Ways and Means.

H. 3507 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1517, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3508 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR VEHICLE SUBLEASING AND LOAN ASSUMPTION BROKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1524, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3511 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAND RESOURCES CONSERVATION COMMISSION, RELATING TO AMENDMENTS TO THE DAMS AND RESERVOIRS SAFETY ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1581, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3512 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: LEAD-ACID BATTERIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1598, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3513 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMIT CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1599, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3514 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: WHITE GOODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1600, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3515 -- Reps. Harvin and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-55 SO AS TO PROVIDE FOR LEGAL HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS; AND TO REPEAL SECTIONS 53-5-40 AND 53-5-50, RELATING TO HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3516 -- Reps. Hutson, Hallman, Baker, R. Smith, Holt, Fulmer, Stone, Neilson, Wilkins, Cobb-Hunter, Simrill, Govan, Jaskwhich, Waites, Shissias, A. Young, Wells, Harrell, G. Bailey, Lanford, Inabinett, Law, Trotter, Meacham, Phillips, Elliott, Askins, Chamblee, J. Bailey, Anderson, Kinon, Witherspoon, Gonzales, Stuart, Breeland, Cooper, McMahand, Hines, Davenport, Wofford, Neal, R. Young, Scott, Mattos, Allison, Moody-Lawrence, D. Smith, Marchbanks, D. Wilder, Riser, Koon and Wilkes: 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 EXEMPT TANGIBLE PERSONAL PROPERTY SOLD TO STATE GOVERNMENT, AND POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS.

Referred to Committee on Ways and Means.

H. 3517 -- Reps. D. Smith, Tucker, Beatty, Baxley, Govan, Harrison, Haskins, Thomas, Graham, Trotter, Walker, Cato, Wells, Littlejohn, McElveen, Harrell, Delleney, R. Young, Lanford, Cromer, Davenport, Corning and Martin: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.

Referred to Committee on Judiciary.

H. 3518 -- Rep. R. Young: A BILL TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ELIMINATE THE REQUIREMENT OF AN AFFIDAVIT AND ACKNOWLEDGEMENT.

Referred to Committee on Judiciary.

H. 3519 -- Reps. Cobb-Hunter, Beatty, Hines, Waites, McMahand, McElveen, Canty, Neal and Keyserling: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-158 SO AS TO REQUIRE ALL PUBLIC HIGH SCHOOLS, COLLEGES, AND UNIVERSITIES TO MAKE VOTER REGISTRATION FORMS AVAILABLE TO THE STUDENTS, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO A COUNTY BOARD OF REGISTRATION.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Barber                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Cato                   Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Fulmer                 Gamble
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hines                  Holt                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Law
Littlejohn             Marchbanks             Martin
Mattos                 McAbee                 McCraw
McElveen               McKay                  McMahand
Meacham                Moody-Lawrence         Neal
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 17.

Dewitt Williams                   David A. Wright
James H. Hodges                   Thomas E. Huff
John G. Felder                    Douglas E. McTeer, Jr.
Jerry N. Govan, Jr.               Stephen E. Gonzales
William S. Houck, Jr.             C. Lenoir Sturkie
Dell Baker                        H. Howell Clyborne, Jr.
Denny W. Neilson                  C. Alex Harvin, III
Steve P. Lanford                  Harry R. Askins
Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Rep. CHAMBLEE a leave of absence for the week due to illness.

The SPEAKER granted Rep. CARNELL a temporary leave of absence.

The SPEAKER granted Rep. SCOTT a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. BOAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 16.

DOCTOR OF THE DAY

Announcement was made that Dr. Woodrow W. Long of Greenville is the Doctor of the Day for the General Assembly.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

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.

ADDRESS BY CHIEF JUSTICE DAVID W. HARWELL

The Reading Clerk of the House read the following Concurrent Resolution:

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.

Chief Justice David W. Harwell and distinguished party were escorted to the rostrum by Senators Land, Patterson, Richter and Waldrep and Representatives HARWELL, KINON, BEATTY and THOMAS.

The President of the Senate introduced Chief Justice Harwell.

Chief Justice Harwell addressed the Joint Assembly as follows:

"Thank you, you know when you go back as far as Nick Theodore and I go back, you are always a little apprehensive at how he is going to introduce you. Mr. President, Mr. Speaker, Members of the SC General Assembly, Fellow Justices and Judges, Honored Guests and Friends...I appreciate this opportunity to discuss with you the state of your judiciary. My first year as chief justice has been bittersweet. With your help, we were able to obtain the financial resources desperately needed to ensure our citizens have access to our courts. However, with budget reductions, the ground we gained in obtaining adequate rotation funds, evaporated due to over enthusiastic projections of state revenues. Because of the budget cut, the judicial branch of government was forced to discontinue the systematic rotation of our circuit and family court judges. I am extremely pleased and very proud of how the members of the judiciary responded when they heard we would restrict rotation. Realizing that sixteen counties would be without the services of criminal or civil court and eleven counties would go without family court and knowing full well the State may not be able to compensate them as required by law, a large majority of the members of your judiciary came forward and volunteered to provide relief. This spirit, in my opinion, speaks volumes not only about the quality and dedication of these judges, but also about the court reporters and law clerks who also offered their service to do what needed to be done. I know there are very few, if any, other state employees who are traveling at their own expense to carry on the state's business. Our circuit judges, as you know, handle more cases per judge than any other state in the southeast. They spend weeks at a time away from family. No one would blame them if they had stayed home. I'm very proud of what they have done. However, I hasten to tell you that this volunteerism is like sandbagging for a flood. We cannot control the rising tide of cases without full use of every judge. Although I am left with few options, limiting rotation funds is a poor way to try to save money. The court's inability to hold criminal court means the cost of holding prisoners in county jails goes up which drains your county budget, business can't resolve disputes which tie up capital and citizens needing the court to resolve both civil and family matters suffer intolerable delay. Ladies and gentlemen, I hate to say the obvious, but maybe I'm not saying the obvious enough to get our message heard, we are challenged with the administration of justice. We, you and I, have a responsibility to see that all people in South Carolina have an opportunity to resolve their disputes in a timely fashion. The failure to timely resolve business matters, governmental disputes, criminal cases and bad family disputes does great harm to your constituents and to the growth of our State. The disputes don't go away--they snowball and the costs go up and create chaos in all areas of our life and stifle the economic growth of our State. You and I must realize that we live in a very free, democratic and permissive society and this society is the origin of our disputes--just as you as legislators respond to the needs of society, we, in the judicial branch, the co-equal branch of government, must respond and our response must be to provide an appropriate forum to resolve these conflicts. The judicial branch, whether we like it or not, remains a final arbiter for many of our societies' disputes. The legislature may pass the law, the executive branch may attempt to enforce the law, but it remains up to the court to ensure legislative intent and executive enforcement have meaning. The constitution of our State requires that we systematically rotate our judiciary and speedy trials, both by our Constitution and the United States Constitution requires that we provide speedy trials to those whose liberty is at risk. Ladies and Gentlemen, I report to you today, that these fundamental rights are being threatened in SC. Until recently, I thought that we could address the problems contributing to the increase in the number and age of our criminal, civil, and family court dockets. However, I again report to you that the backlogs will now increase due to the lack of rotation. For now our situation is this. During 1992, 254,000 cases were filed in our circuit and family courts. That's 13,000 more than were filed in 1990. This works out to just over 1,000 more per month. The good news is our civil filing rate is not much higher than last year, so maybe things are leveling off in the civil area. For 1992, our circuit court received 162,000 new cases which work out, as I told you earlier that our judges carry a heavier caseload than any judges in the southeast, and those that might say our judges don't work don't know what they are talking about and they haven't looked at the statistics and that works out to 4,050 per judge. Ninety-one thousand new cases were filed in family court which translates into 1,978 per judge. On December 31, 1992, there were 68,000 pending criminal cases, 30,500 pending civil cases and 30,700 pending family court cases. At the appellate level, things have not leveled off. In 1992, the number of docketed cases increased by 20% and motions increased by 18.5%. Since 1985, we have experienced an overall increase of approximately 77%. At the end of 1992, over fifteen hundred appeals were pending. Now, what must be done? I have started several new initiatives. First, I formed a bench/bar committee made up of judges from every level of court, Magistrate Court, Probate Court, Family Court, Circuit Court, Supreme Court, Appeals Court, and attorneys from different types of legal practice and regions of the State. Operating like a quality management team, we meet periodically to discuss how the day-to-day operation of the court may be improved. This committee, in my opinion, streamlines the communication process and reduces the delay between problem identification and implementing a solution. Additionally, we introduced regional rotation and beginning-to-end case handling. Regional rotation allows me to keep judges in one of four regions of our State for longer periods. Another initiative--beginning-to-end case handling, allows one judge to hear complex litigation from start to finish. This saves time and money for the taxpayer and litigant. The courts need to move forward. We must retool and use new managerial techniques if we are to address the demands of the 1990's and in the next century. Over the next few years, the following must be, and I emphasize this, must be provided and to state the obvious once again--we must have adequate funding to do our job. We are dead last, 50th, in the amount of money appropriated to operate your third, and sometimes I wonder, co-equal branch of government. Now, first and foremost, the 1.1 million requested in our budget for judicial rotation must be provided. Without this funding, our trial courts will start next year with less than two weeks of travel funds. Second, the automation process initiated during 1992 needs to be completed. A statewide operation handling nearly a quarter of a million cases a year cannot be effective using procedures designed for a much slower pace. Managing information, manpower, and resources to put judges where they are needed are key ingredients for effective operation of our judicial system. We cannot afford to continue to use a system that shuffles reams of paper and requires days to get information from one place to another. To state the obvious, the yellow pad and pencil era must come to an end. We must complete automation if you expect your judicial branch of government to operate efficiently. At the appellate level, we are experiencing a rapid rise in cases. With trial courts booming, it is an inevitable part of the process that more and more cases will be appealed. To address this matter, an additional three-judge panel of appellate court judges is needed. To delay this request only creates a bottleneck in your judicial process and impedes the delivery of justice. It is not right to have to wait three or four years before your dispute is resolved. Other retooling items are requested, but realizing the financial problems that we are experiencing in SC, I am only emphasizing rotation funds, automation funds and court of appeals panel are absolutely essential. These items will go a long way to prepare our courts to meet the caseload demands of the 1990's and beyond. There are several other items which, if adopted, would greatly benefit our citizens and reduce the cost of handling cases. I would like to take a few moments to mention those. You and I know that money isn't the answer for every problem. I want the General Assembly to join with me in rethinking how we use our court system. During times when resources are low and demands are high as they are today, we must be innovative and make the best use of what we already have to get the job done. In the courts, we must improve our productivity, but we must ensure we maintain the highest quality of judicial service; again, this states the obvious. In this business, we are not dealing with the making of some product but with peoples' lives, their property, and their fundamental rights. There are several ways with your help we can improve upon the current system and do more with less. First, I invite you to pass legislation dealing with our magistrate court. Our magistrate courts have jurisdiction primarily limited to two hundred dollars or thirty days in jail in criminal matters and up to only twenty-five hundred dollars in civil matters. Magistrates are individuals who often come to us without a great deal of legal training. They also represent an extremely valuable part of our judicial system, one which could be better utilized. We need passage of legislation requiring magistrates to be certified after attending required training. This certification would ensure they have the skills and knowledge required to handle criminal and civil litigation. After implementing a certification requirement, we should seek to raise their criminal and civil jurisdiction. This would allow us to shift matters away from our circuit courts reducing trial court delay and the overall cost to taxpayers for disposing of minor disputes. Along those same lines, we should move forward to allow for arbitration and mediation in some civil and family court matters. Where a settlement is possible, arbitration and/or mediation of disputes can help the courts reduce their caseloads and reduce the time and costs in resolving disputes, both to the litigants and the taxpayer. I hope to begin on an experimental basis this year. The matter of adequately funding the defense of indigents also needs your attention. The State should take a dominant role in providing the funds rather than relying on the counties. In this State of the judiciary, I've tried to advise you of the judiciary's major needs--funds for rotation, automation and a court of appeals panel. I'm stating to you that we need innovative approaches, like more utilization out of our magistrates after they have been trained and arbitration and mediation to divert cases from our trial courts. I've told you of new managerial approaches I started in the past year, like the bench/bar committee to stay informed, regional rotation and beginning-to-end case handling to lower cost. In the past, I've expressed the need for the State to rethink how it uses our scarce criminal justice resources. I've advocated setting priorities based on establishing a comprehensive criminal classification bill which would give our system some structure. Criminal justice agencies could plan and target whole groups of offenders and working together generate new programs that in the long run would save South Carolina millions of dollars. I've advocated advisory guidelines to help reduce disparity and to guide judges toward utilizing more creative sentencing alternatives. Unless we become more creative, the State will continue to build prisons. From what Commissioner Evatt is saying, we have reached a point where the State can't afford to staff and operate the last two prisons that were built, so they just sit. Representative Rogers and others are experimenting with a project in Richland County referred to as a Comprehensive Community Control System. It builds upon the basic idea of having a comprehensive classification bill and advisory guidelines. Criminals are evaluated on the bases of their crime, prior record, and other factors which help in determining the likelihood of successfully completing a probationary sentence. A new form of presentence investigation is compiled, then an advisory recommendation is offered to the court. There are a number of community sanctions available. This approach helps match persons who may otherwise have gotten a short but expensive prison sentence to an appropriate form of community punishment. The concept has merit. It provides advice and alternatives but leaves the final decision with the court. If you can divert nonviolent offenders away from short but expensive prison terms, you will surely save money. If this pilot project is translated into a legislative proposal, it deserves your attention. I remain true to my belief that if possible, we should have a criminal classification bill and try to identify those that don't need to be in high dollar prisons--a dollar invested in probation will save you more than a dollar spent on prisons. And by the same measure, a dollar spent on our troubled youth will save more than dollars spent on our adult criminal system. The tremendous increase in violent juvenile crime in South Carolina and the federal law suit challenging overcrowding at the Department of Youth Services has brought South Carolina's juvenile justice system to a crossroads. We cannot continue to try to build our way out of this problem. That expensive approach didn't work with adults and won't work with juveniles. The South Carolina Juvenile Justice Task Force, chaired by Justice Jean Toal, is developing comprehensive recommendations for the adjudication, detention, and treatment of all juvenile offenders. I wholeheartedly support this effort. As with adult offenders, we must develop the proper mix of diversion, community-based treatment, and secure confinement for those who pose a threat to public safety. Before you enact further criminal penalty legislation in this area, I urge you to allow the task force to complete its work and make its recommendations to you. We must protect our citizens from violent and habitual offenders, but we must try to punish the nonviolent offender and those that are not a threat to society in less costly and more productive ways. We cannot let our correctional system bankrupt the State. Our court dockets are being flooded with new criminal cases and we need to join together and ask ourselves why? We need funding, but putting your dollars into new prisons and more judges is not the long-term answer. If you want to improve the state of our judiciary, you must first improve the state of our families, the state of our schools, the state of job opportunities, our citizens' ability to work and serve as law abiding citizens. You and I know who will be standing before a judge ten years from now. Go into any third grade class and see who cannot read. Nearly one-half of our young people are considered at risk, because they come from single parent homes, admit to use of alcohol or drugs, or are the product of a teenage birth, then it should come as no surprise when ten years from now another Chief Justice will stand before you and tell you that he too needs more judges and more money to deal with the court's workload. Ladies and gentlemen, we need your help. Thank you so much for allowing me to speak to you today."

Upon the conclusion of his address, Chief Justice Harwell and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

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.

THE HOUSE RESUMES

At 12:40 P.M. the House resumed, the SPEAKER in the Chair.

Rep. BOAN moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3499 -- Reps. Fulmer, Harrison, Hutson, Hallman, McElveen, Holt, Quinn, Delleney, R. Young, Harrell, Barber, Inabinett, Whipper, J. Bailey, Breeland, Gonzales, Klauber and McTeer: A CONCURRENT RESOLUTION CONGRATULATING THE CITADEL ON THE OBSERVANCE OF ITS SESQUICENTENNIAL.

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. KINON adjourned in memory of Mr. Gerald Herring, to meet at 10:00 A.M. tomorrow.

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