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:
O God our Father, in Whom we trust and by Whose guidance we have been brought to this hour, continue to be with the members of this House of Representatives, its Clerks and Attaches and all others connected with its important work. Give them good health to do their work, prudent judgments for the decisions to be made, wisdom beyond their own, and clear understanding of the problems at hand. Teach us to love fair play, honest dealings, straight talk, and a greater faith in God. Make us to understand Your love for us, and grant us Your peace.
We pray for Your mercy's sake. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Lynette Crane of Rock Hill, which was agreed to.
The following were received and referred to the appropriate committees for consideration.
Document No. 1726
Promulgated By Department of Health and Environmental Control
State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation
Received By Speaker February 22, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 29, 1995
Document No. 1706
Promulgated By Department of Health and Environmental Control
Title V Operating Permit Program
Received By Speaker February 22, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date January 29, 1995
The Senate returned to the House with amendments the following:
H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.
The Senate amendments were agreed to, and the Joint Resolution 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. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4757 -- Rep. Fulmer: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4762 -- Reps. Gonzales, Stone, G. Brown, Simrill, Littlejohn, Corning, Shissias, Harrison, Fulmer, Harrell, Harrelson, Holt, Canty, J. Bailey, Waites, Stuart, Quinn, Whipper, Law, Keegan, Wright, Gamble, Klauber, R. Smith, D. Smith, A. Young, Cato and Meacham: A CONCURRENT RESOLUTION TO DECLARE THE INTENT OF THE GENERAL ASSEMBLY THAT ALL STATE AGENCIES AND DEPARTMENTS SHALL PROVIDE COPIES OF DOCUMENTS OR RECORDS REQUESTED BY A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE, OR ANY AGENCY OR DEPARTMENT THEREOF, PROMPTLY AND WITHOUT CHARGE IF THE REQUESTING ENTITY CERTIFIES THAT THE COPIES ARE NEEDED FOR NATURAL DISASTER RELIEF PURPOSES TO INCLUDE DOCUMENTATION TO A FEDERAL RELIEF AGENCY OF EXPENSES INCURRED OR ACTIONS TAKEN."
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4783 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 413 AND SOUTH CAROLINA HIGHWAY 252 IN ANDERSON COUNTY AS "MCCOY'S CROSSROADS" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4784 -- Reps. Wright, Harrelson, Wells, Keegan, Phillips, Kelley, Huff, Corning, Robinson, Stone, Worley, Littlejohn, Fair, Chamblee, Gamble, J. Brown, Lanford, Marchbanks, Graham, Cooper, Houck, G. Brown, G. Bailey, Meacham, Simrill, Hutson, Neilson, Farr, Sharpe, Shissias, A. Young, Law, Hallman, Stuart, Byrd, Baxley, Jaskwhich, Allison, Kinon, Haskins, Walker, McCraw, Vaughn and R. Smith: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION PROVIDING THAT ANY FUNDS CUT FROM A FEDERAL PROGRAM BY THE UNITED STATES CONGRESS MUST BE USED TO REDUCE THE FEDERAL DEFICIT AND MUST NOT BE SHIFTED TO ANY OTHER SPENDING PROGRAMS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 505 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3435 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3977 -- Rep. Meacham: A BILL TO ESTABLISH WITHIN THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AN INSURANCE FRAUD BUREAU, PROVIDE FOR THE POWERS AND DUTIES OF THE BUREAU, AND PROVIDE FOR RELATED MATTERS, INCLUDING A PROVISION THAT A PERSON CONVICTED FOR THE VIOLATION OF ANY LAW CONCERNING INSURANCE FRAUD, FOLLOWING THE INVESTIGATION AND REFERRAL FOR PROSECUTION BY THE BUREAU, SHALL BE ORDERED TO MAKE RESTITUTION FOR FINANCIAL LOSS SUSTAINED AS A RESULT OF THAT VIOLATION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4491 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-27-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURERS REHABILITATION AND LIQUIDATION, FORMAL PROCEEDINGS, AND THE RECOVERY OF PREMIUMS OWED, SO AS TO DELETE CERTAIN LANGUAGE, PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON, OTHER THAN THE INSURED, RESPONSIBLE FOR THE PAYMENT OF A PREMIUM IS OBLIGATED TO PAY ANY UNPAID COLLECTED PREMIUM HELD BY SUCH PERSON AT THE TIME OF THE DECLARATION OF INSOLVENCY, WHETHER EARNED OR UNEARNED, AND ANY UNPAID EARNED PREMIUM, ALL AS SHOWN ON THE RECORDS OF THE INSURER, AND PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON HAS NO OBLIGATION TO PAY AN UNCOLLECTED UNPAID UNEARNED PREMIUM TO THE LIQUIDATOR.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4497 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY INCLUDES A MOTOR VEHICLE LIABILITY POLICY DEFINED IN SECTION 56-9-20 AND ANY NAMED NONOWNER AUTOMOBILE INSURANCE POLICY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4552 -- Reps. Barber, Wright, McKay, Rudnick, Baxley and Neilson: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4591 -- Reps. A. Young, Sharpe, Wofford, G. Bailey, Cato, Davenport, Allison, Robinson, Meacham, Witherspoon, Vaughn, Gamble, Sturkie, Haskins, Riser, Fair, Thomas, Klauber and Koon: A BILL TO AMEND ACT 582 OF 1990, RELATING TO, AMONG OTHER THINGS, THE APPLICATION OF ABOVEGROUND STORAGE PROVISIONS REGARDING PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT, FOR THE PURPOSES OF CERTAIN PROVISIONS OF LAW, THE TERM "SERVICE STATION" DOES NOT INCLUDE ANY UTILITY STORAGE TANK FACILITIES WHICH SERVICE UTILITY OPERATIONS, INCLUDING VEHICLES, LOCOMOTIVES, OR EQUIPMENT.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4595 -- Reps. Jennings, Baxley, Neilson, Hines and J. Harris: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEANING OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF REGULATION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE AN ELECTRIC SUPPLIER, ELECTRICAL UTILITY, OR MUNICIPALITY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3524 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Corning: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYER'S NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE THE PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION AND THAT THE PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION IS PERMISSIBLE RATHER THAN MANDATORY.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 4796 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 17, 1994, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 17, 1994, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4797 -- Reps. Wright and McElveen: A CONCURRENT RESOLUTION COMMENDING AND THANKING LINDA JACOBUS FOR HER EXCELLENT WORK AS STAFF TO THE SOUTH CAROLINA COMMITTEE ON HIGH SCHOOL APPRENTICESHIPS AND MENTORSHIPS AND AS CHAIR OF THE COMMITTEE'S SUBCOMMITTEE ON SCHOOL CURRICULUM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4798 -- Reps. Rogers, J. Brown, Byrd, Neal, Scott, Cromer, Quinn, Waites, Harrison, Shissias and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL TEAM OF COLUMBIA ON WINNING THE SECOND ANNUAL BLACK HISTORY BOWL, SPONSORED BY BROOKLAND BAPTIST CHURCH, FEBRUARY 12, 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4799 -- Rep. Marchbanks: A HOUSE RESOLUTION TO PROVIDE THAT THE DAILY PRAYERS OF HOUSE CHAPLAIN ALTON C. CLARK BE COMPILED FOR THE 1994 LEGISLATIVE SESSION AND PRINTED FOR DISTRIBUTION.
Be it resolved by the House of Representatives:
That the daily prayers of House Chaplain Alton C. Clark be compiled for the 1994 legislative session and that one thousand five hundred copies be printed for distribution.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 9, 1994, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.
On motion of Rep. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4801 -- Reps. Shissias, Cromer, Cobb-Hunter, Inabinett, McElveen, Neal, Wells, Hutson, Govan, Mattos and Wofford: A BILL TO AMEND SECTION 20-7-955, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES, SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS IN ORDER FOR A PARTY TO SUBMIT TO THE JURISDICTION OF THE COURT.
Referred to Committee on Judiciary.
H. 4802 -- Reps. Shissias, Cromer, Cobb-Hunter, Inabinett, Martin, McElveen, Wells, Hutson, Wofford, Neal and Govan: A BILL TO AMEND SECTION 44-63-165, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE.
Referred to Committee on Judiciary.
H. 4803 -- Reps. Shissias, Govan, Cromer, Cobb-Hunter, Inabinett, Hutson, McElveen, Neal, Wells, Wofford and Mattos: A BILL TO AMEND SECTION 20-7-956, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES, AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE OF PATERNITY.
Referred to Committee on Judiciary.
H. 4804 -- Reps. Shissias, Cromer, Cobb-Hunter, Mattos, Inabinett, McElveen, Wells, Neal, Hutson, Wofford and Govan: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES UNDER ITS APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS, AND TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4805 -- Reps. Shissias, Cromer, Cobb-Hunter, Neal, Inabinett, McElveen, Wells, Martin, Hutson, Wofford and Govan: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES AND THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT.
Referred to Committee on Judiciary.
H. 4806 -- Reps. Shissias, Cobb-Hunter, Cromer, Inabinett, McElveen, Neal, Wells, Hutson, Wofford, Govan and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4807 -- Reps. Shissias, McElveen, Cobb-Hunter, Cromer, Neal, Govan, Wells, Hutson, Wofford, Mattos and Inabinett: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO COLLABORATE WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION.
Referred to Committee on Ways and Means.
H. 4808 -- Reps. Sharpe, Wright, Koon, Riser and Witherspoon: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE BY ADDING SECTION 4, SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENT.
Referred to Committee on Judiciary.
H. 4809 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.
Rep. RICHARDSON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KELLEY objected.
Referred to Committee on Judiciary.
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
Referred to Committee on Labor, Commerce and Industry.
S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 691 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65 SO AS TO PROVIDE QUALIFICATIONS FOR A CANDIDATE FOR THE SENATE.
Referred to Committee on Judiciary.
S. 772 -- Senator Russell: A BILL TO AMEND SECTION 31-3-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AUTHORITIES, SO AS TO PROVIDE FOR COUNTY REPRESENTATION ON CITY HOUSING AUTHORITIES WHEN SUCH AUTHORITY EXERCISES EXTRATERRITORIAL POWERS WITHIN THE COUNTY.
Referred to Committee on Labor, Commerce and Industry.
S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
S. 915 -- Senators Courtney and J. Verne Smith: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE BASED UPON ANY OF THE VALID GROUNDS MAY BE ALLOWED REGARDLESS OF ANY PLEA OF RECRIMINATION AND TO MAKE OTHER CONFORMING CHANGES.
Referred to Committee on Judiciary.
S. 1044 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO REPEAL CHAPTER 11 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF DEEDS AND DOCUMENTS OF RAILROADS.
Referred to Committee on Judiciary.
S. 1045 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.
On motion of Rep. WALDROP, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.
Referred to Committee on Judiciary.
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. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Clyborne Cobb-Hunter Cooper Cromer Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, February 23.
Lucille S. Whipper June S. Shissias G. Ralph Davenport, Jr. Roland S. Corning Alfred B. Robinson, Jr. Steve P. Lanford Marion H. Kinon C. Lenoir Sturkie Larry L. Elliott B. Hicks Harwell Thomas E. Huff Kenneth Kennedy John G. Felder Dell Baker E.B. McLeod, Jr. C. Alex Harvin, III C.D. Chamblee
LEAVES OF ABSENCE
The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.
The SPEAKER granted Rep. CHAMBLEE a leave of absence for the remainder of the day, due to the death of his brother-in-law.
Rep. McABEE 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 22.
Rep. HARRISON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 2.
Announcement was made that Dr. Charlie Thomas, Jr. of Greenville is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4774 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3667 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS PERFORMING OTHER WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGING SERVICES UNDER THESE CONTRACTS ARE ALSO PROHIBITED FROM PERFORMING OTHER WORK, AND TO PROVIDE THAT AN ARCHITECTURAL OR ENGINEERING FIRM, OR A COMBINATION THEREOF, AND A CONSTRUCTION MANAGEMENT FIRM MAY NOT HAVE A VESTED INTEREST IN THE OTHER'S BUSINESS.
H. 4370 -- Reps. P. Harris, Neilson, Waldrop and Rudnick: A BILL TO AMEND SECTION 27-47-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR EVICTION FROM A MANUFACTURED HOME PARK, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DELETE AS A GROUND FOR EVICTION TAKING OF THE PARK BY EMINENT DOMAIN.
H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL ESTATE APPRAISERS BOARD; AND TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS, INCLUDING REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS.
H. 4495 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INCORPORATED MEMBERS OF THE GROUP DEFINED IN THIS SECTION MUST NOT BE ENGAGED IN ANY BUSINESS OTHER THAN UNDERWRITING AS A MEMBER OF THE GROUP AND ARE SUBJECT TO THE SAME LEVEL OF SOLVENCY REGULATION AND CONTROL BY THE GROUP'S DOMICILIARY REGULATOR AS ARE THE UNINCORPORATED MEMBERS.
H. 3608 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Meacham and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
H. 3957 -- Rep. Haskins: A BILL TO AMEND SECTION 6-11-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A SPECIAL PURPOSE DISTRICT, SO AS TO ADD TO THE DEFINITION A TAX DISTRICT CREATED PURSUANT TO CHAPTERS 9 AND 19 OF TITLE 4.
H. 4004 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A BILL TO AMEND SECTION 56-5-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS HOMICIDE, SO AS TO INCREASE THE TERM OF IMPRISONMENT.
H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.
The motion of Rep. HODGES to reconsider the vote whereby debate was adjourned until May 3 on the following Bill, was taken up and agreed to.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 20, by the Committee on Medical, Military, Public and Municipal Affairs.
Reps. NEAL, SCOTT, BREELAND and ANDERSON objected to the Bill.
Rep. GONZALES explained the amendment.
Rep. BYRD objected to the Bill.
The following Bill was taken up.
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5462HC.94), which was adopted.
Amend the bill, as and if amended, by striking Section 7-13-860, as contained in SECTION 1, and inserting:
/Section 7-13-860. Each candidate who is not unopposed in the primary and each candidate in a general election may appoint a watcher for any voting place that he may desire. Provided, however, that However, in any general or special election, all candidates who are certified by a political party shall must be jointly represented at each polling place that they may desire by not more than two watchers from such the party for each one thousand registered voters or fraction thereof of a thousand registered voters registered at such the polling place. Every watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch, and must be certified to the managers of the voting precinct to which assigned, in writing, signed by the candidate or by an appropriate party official as having been designated to so act as a watcher. Such watchers shall Watchers at all times shall wear appropriate, visible identification specifying the candidate or party which they represent. No such watcher shall conduct himself in a manner that will interfere interferes in the orderly conduct of the election or influence influences any voter in the casting of his ballot. The identification badge of a pollwatcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality."/
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. T.C. ALEXANDER and CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1025DW.94), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended,by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 7-25-180 of the 1976 Code, as last amended by Act 393 of 1990, is further amended to read:
"Section 7-25-180. (A) It is unlawful on an election day within two hundred feet of any entrance used by the voters to enter the polling place for a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.
(B) A candidate may appear and greet voters in line as long as he is not intimidating voters or interfering with the orderly election process. A candidate or his representative may wear within two hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking. If the candidate or his representative, other than a watcher as provided for in Section 7-13-860, enters the polling place, he may not display any of this identification, including but not limited to, campaign stickers or buttons.
(C) Nothing in this section may be interpreted to prohibit a registered voter from wearing any campaign sticker, button, t-shirt, or hat while waiting to vote."/
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER 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. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1032DW.94), which was adopted.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. Section 30-5-30 of the 1976 Code is amended to read:
"Section 30-5-30. Except as otherwise provided by statute, before any deed or other instrument in writing can be recorded in this State, it must be acknowledged or proved by the method described in (A) or (B):
(A)(1) the execution of the deed or other instrument must be first proved by the affidavit of a subscribing witness to the instrument, taken before some officer within this State competent to administer an oath. If the affidavit is taken without the limits of this State, it may be taken before:
(a) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded;
(b) a commissioner of deeds of this State;
(c) a clerk of a court of record who shall make certificate of the deed or other instrument under his official seal;
(d) a justice of the peace who shall append to the certificate his official seal;
(e) a notary public who shall affix to the deed or other instrument his official seal within the State of his appointment, which is a sufficient authentication of his signature, residence, and official character;
(f) before a minister, ambassador, consul general, consul, or vice-consul, or consular agent of the United States of America; or
(g) in the case of any officer or enlisted man of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on active duty outside the State or any civilian employee of any such organization on active duty outside the continental confines of the United States, any commissioned officer of the Army, Air Force, Navy, Marine Corps, or Coast Guard, if the probating officer states his rank, branch, and organization.
(2) the Uniform Recognition of Acknowledgments Act must be complied with; or
(3) the person executing it shall submit an affidavit subscribed to before a person authorized to perform notarial acts herein or by the Uniform Recognition of Acknowledgments Act that the signature on the deed or other instrument is his signature and that the instrument was executed for the uses and purposes stated in the instrument.
(B) A deed or other instrument must be signed by the grantor, mortgagor, vendor, or lessor and the signing must be acknowledged by the grantor, mortgagor, vendor, or lessor in the presence of two witnesses, taken before some officer within this State competent to administer an oath. If the acknowledgment is taken without the limits of this State, it may be taken before:
(1) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded;
(2) a commissioner of deeds of this State;
(3) a clerk of a court of record who shall make certificate of the deed or other instrument under his official seal;
(4) a justice of the peace who shall append to the certificate his official seal;
(5) a notary public who shall affix to the deed or other instrument his official seal within the State of his appointment, which is a sufficient authentication of his signature, residence, and official character;
(6) before a minister, ambassador, consul general, consul, or vice-consul, or consular agent of the United States of America; or
(7) in the case of any officer or enlisted man of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on active duty outside the State or any civilian employee of any such organization on active duty outside the continental confines of the United States, any commissioned officer of the Army, Air Force, Navy, Marine Corps, or Coast Guard, if the probating officer states his rank, branch, and organization.
(C) Where the instrument is acknowledged by the grantor or maker, the form of acknowledgement must be in substance as follows:
'South Carolina,
________ County.
I (here give the name of the official and his official title), do hereby certify that (here give the name of the grantor or maker), personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and (where an official seal is required by law) official seal this the day of ________________ (year).
Signature of Officer'"/
SECTION 2. This act takes effect upon approval by the Governor and applies to all deeds or other instruments in writing executed after December 31, 1994.
Amend title to conform.
Rep. R. YOUNG explained the amendment.
The amendment was then adopted.
Rep. D. SMITH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20387SD.203), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 29-3-330(c) of the 1976 Code is amended to read:
"(c) In case the original mortgage, deed of trust, or other instrument securing the payment of money and being a lien upon real property has been lost or destroyed it may be satisfied, either by the owner and holder of the instrument in person or his personal representative or duly authorized attorney in fact, by an instrument in writing duly executed in the presence of two witnesses and probated, and in addition the person executing the satisfaction shall make an affidavit that he or the person he represents is at the time of the satisfaction a bona fide owner and holder of the mortgage, deed of trust, or other instrument securing the payment of money and being a lien upon real property and that has not been assigned, hypothecated, or otherwise disposed of. The affidavit must be recorded along with the satisfaction. The maker of any affidavit which is false is guilty of perjury and punished as by law provided for the punishment of perjury.
The signature of owner or holder of the instrument which has been lost or destroyed to which this section applies may be proved in the manner provided above or in the alternative may also be acknowledged by the owner or holder of the instrument in the presence of two witnesses, taken before an officer competent to administer an oath. The form of the acknowledgement must be as provided in Section 30-5-30(C) and if the acknowledgement is taken outside this State, it may be taken in the manner provided in Section 30-5-30(B)."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. YOUNG 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. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7607BDW.94), which was adopted.
Amend the bill, as and if amended, Section 61-13-287(A), page 1, line 29, after /State/ by inserting /if the person knew or should have known the transfer was for the purpose of consumption by a person under the age of twenty-one years/ so that when amended the subsection reads:
/(A) It is unlawful for a person to transfer or give possession to any a person under the age of twenty-one years for the purpose of consumption any beer, wine, or alcoholic liquor at any place within the State if the person knew or should have known the transfer was for the purpose of consumption by a person under the age of twenty-one years. Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7637BDW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 61-3-1020 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:
"Section 61-3-1020. Subject to Section 61-3-1030, no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer. Retail dealers also may sell nonalcoholic beverages items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES 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. 4092 -- Reps. Thomas, Rogers, Trotter, Barber, Law, Fulmer, Waites, Corning, Harrison, Gamble, Stuart, P. Harris, Witherspoon, Riser, Inabinett, Wofford, Marchbanks, Stille, Allison, J. Wilder, Kelley, McTeer, Jennings, Cooper, Martin, Lanford, D. Wilder, Keegan, Delleney, McAbee, Graham, McElveen and Klauber: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.
Rep. ROGERS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15788AC.94).
Amend the bill, as and if amended, by deleting Section 1 and inserting:
/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) After a finding of contempt to require a person who is delinquent in making child support payments in addition to paying the arrearage, pay interest on the arrearage to be calculated at the legal rate pursuant to Section 34-32-20(A). Any interest collected must be paid to the obligee."/
Renumber items to conform.
Amend title to conform.
Rep. ROGERS explained the amendment.
Reps. MOODY-LAWRENCE, WILLIAMS, J. BROWN, HINES and SCOTT objected to the Bill.
The following Bill was taken up.
H. 4313 -- Reps. Baxley, Haskins and Rudnick: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.
Rep. BAXLEY explained the Bill.
Reps. TUCKER, R. YOUNG, CATO, HODGES and SIMRILL objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 24, which was adopted.
H. 4356 -- Reps. Wilkins, Allison, Elliott, Gamble, Corning and Harrell: A BILL TO AMEND SECTION 16-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, SO AS TO DELETE PROVISIONS ON THE MISDEMEANOR OFFENSE.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 24, which was adopted.
H. 4358 -- Reps. Wilkins, Allison, Elliott and Marchbanks: A BILL TO AMEND SECTION 16-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 24, which was adopted.
H. 4359 -- Reps. Wilkins, Snow, Fair, Vaughn, Allison, Elliott, Mattos and Marchbanks: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993.
The following Bill was taken up.
H. 4463 -- Rep. Cromer: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO CARRY A CONCEALED WEAPON, SO AS TO MAKE GRAMMATICAL CHANGES AND TO REPEAL THE BOND REQUIREMENT.
Reps. GAMBLE and CROMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3250AL.94).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 23-1-70 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. GAMBLE explained the amendment.
Rep. HODGES moved to adjourn debate upon the Bill until Thursday, February 24, which was adopted.
Reps. MARCHBANKS and HASKINS withdrew their objections to H. 3765 however, other objections remained upon the Bill.
Rep. McMAHAND withdrew his objection to H. 3631 however, other objections remained upon the Bill.
Reps. VAUGHN, FAIR, CATO, ROBINSON and COOPER withdrew their objections to the following Joint Resolution.
H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Reps. SCOTT, J. BAILEY, BREELAND and WHITE withdrew their objections to H. 3387 however, other objections remained upon the Bill.
Rep. SIMRILL withdrew his objection to H. 3290 however, other objections remained upon the Bill.
The Senate amendments to the following Bill were taken up for consideration.
H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.
Rep. FAIR explained the Senate amendment.
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.
The following Concurrent Resolution was taken up.
S. 1167 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF INTERSTATE HIGHWAY 26 BEGINNING AT MT. PLEASANT STREET AND ENDING AT THE TERMINAL INTERCHANGE AT U.S. ROUTE 17 FOR MARJORIE AMOS-FRAZIER.
Whereas, Marjorie Amos-Frazier retired on September 16, 1993, from the Public Service Commission after having served as a commissioner representing the First Congressional District for thirteen years; and
Whereas, Mrs. Frazier is a native of Manning, South Carolina who was educated in the Clarendon County schools; and
Whereas, Mrs. Frazier later moved to Charleston where she became active in local civic affairs; and
Whereas, she served as Vice Chairperson of the City of Charleston Democratic Party from 1971 to 1975; and
Whereas, she was elected to the Charleston County Council in November 1974, becoming the first female to serve on the council; and
Whereas, she was elected to the First Congressional District seat on the Public Service Commission (PSC) by unanimous vote of the General Assembly in 1980; and
Whereas, Mrs. Frazier's election to the PSC marked the first time that an African-American, female, or non-legislator was so elected; and
Whereas, Mrs. Frazier served continuously on the PSC until her recent retirement, highlighted by a two-year term as chairperson from July 1990 until July 1992; and
Whereas, she was listed in the 1977-78 edition of "Personalities of the South" and the first edition of "Personalities of America"; and
Whereas, she was inducted into the Charleston Federation of Womens Clubs' Hall of Fame in 1991; and
Whereas, Mrs. Frazier has been honored by other local civic, religious, political, and service organizations too numerous to mention in this resolution. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to name the section of Interstate Highway 26 beginning at Mt. Pleasant Street and ending at the Terminal Interchange at U.S. Route 17 for Marjorie Amos-Frazier.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Frazier.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 1168 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 61 IN CHARLESTON RUNNING FROM MAGOOD ROAD TO BEES FERRY ROAD AS THE GLENN F. MCCONNELL EXPRESSWAY.
Whereas, Senator Glenn F. McConnell, son of Mr. and Mrs. Samuel W. McConnell, has served in the South Carolina Senate since 1981; and
Whereas, he is also involved in the Charleston legal and business community as an attorney in the firm of McConnell and Mulholland, and as President of CSA Galleries, Inc.; and
Whereas, Senator McConnell graduated from the College of Charleston in 1969 with a Bachelor of Science degree and then went on to receive his Juris Doctorate from the University of South Carolina; and
Whereas, he has dedicated himself to politics for many years, serving as Chairman of the County Republican Party for four years and as a delegate to the Republican National Convention for three years; and
Whereas, Senator McConnell has been recognized for his exceptional service by receiving the Outstanding Achievement Award in 1980 from the South Carolina Republican Party and by being named as one of the Outstanding Young Men of America; and
Whereas, Senator McConnell has always maintained an active interest in the Charleston community through his position on the Board of Directors of the Neighborhood Legal Assistance Program and his membership in many community organizations such as the Sons of Confederate Veterans, the Scottish Society of Charleston, and the Episcopal Church of the Holy Communion; and
Whereas, in order to acknowledge Senator McConnell's many accomplishments and contributions to the State of South Carolina and the citizenry of Charleston, the members of the General Assembly believe it would be fitting to name a section of South Carolina's highway system after Glenn F. McConnell. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to name the section of Highway 61 running from Magood Road to Bees Ferry Road as the Glenn F. McConnell Expressway.
Be it further resolved that a copy of this resolution be forwarded to Senator McConnell.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 1169 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 61 CONNECTOR FROM THE JAMES ISLAND EXPRESSWAY TO SOUTH CAROLINA ROUTE 61 IN CHARLESTON COUNTY AS THE HERBERT U. FIELDING CONNECTOR.
Whereas, Senator Herbert U. Fielding, son of Julius P.L and Sadie E. (Gillard) Fielding, is a former member of the South Carolina House of Representatives and the South Carolina State Senate; and
Whereas, he was born in Charleston on July 6, 1923, and continues to reside there today; and
Whereas, Senator Fielding received his Bachelor of Science degree from West Virginia State College in 1948; and
Whereas, Senator Fielding has made substantial contributions to his country by serving in World War II; and
Whereas, Senator Fielding, serving as Vice President of the Fielding Home for Funerals and as a member of the Trident Chamber of Commerce, has made significant contributions to the Charleston business community; and
Whereas, Senator Fielding has rendered service as a member of several important organizations including the South Carolina Commission on Vocational Rehabilitation, the University of South Carolina Budget Board, the Board of McClennan Banks Hospital, the South Carolina Human Affairs Commission, the Trident Council on
Alcoholism, Omega Psi Phi Fraternity, and the Robert Gould Shaw Boys Club, where he served as president; and
Whereas, Senator Fielding has been a tireless advocate of civil rights and has fought to enhance the quality of life for all South Carolinians; and
Whereas, in recognition of this strong tradition of community service and leadership it seems fitting to memorialize Senator Fielding by dedicating a bridge in his name. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of South Carolina request that the Department of Transportation name Highway 61 from the James Island Expressway to South Carolina Route 61 in Charleston County as the Herbert U. Fielding Connector.
Be it further resolved that a copy of this resolution be forwarded to Senator Herbert U. Fielding.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 1170 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF THE MARK CLARK EXPRESSWAY WHICH CROSSES OVER THE WANDO RIVER AS THE JAMES B. EDWARDS BRIDGE.
Whereas, Dr. James Burrows Edwards was born on June 24, 1927, in Hawthorne, Florida; and
Whereas, he is an oral surgeon who, after graduating from the College of Charleston in 1950, went on to study Dentistry at the University of Louisville and attended the University of Pennsylvania's Graduate Medical School; and
Whereas, Dr. Edwards has had a distinguished career of service to his country, serving in the United States Maritime Service during World War II where he became a Ship's Officer at the age of nineteen and the United States Navy where he served as a Dental Officer and rose to the rank of Lieutenant Commander; and
Whereas, he served as the Chairman of the Charleston County Republican party from 1964-1969 and as Chairman of the First Congressional Republican Committee from 1970-1971; and
Whereas, Dr. Edwards served in the South Carolina State Senate from 1972-1974 after which he was elected the first Republican Governor of the State of South Carolina since the days of Reconstruction; and
Whereas, Dr. Edwards, as Governor of the State, served as Chairman of the Subcommittee on Nuclear Energy for the National Governor's Association and Chairman of the Southern Governor's Conference; and
Whereas, Dr. Edwards, in his long established tradition of community service, has been involved in a number of organizations and projects including the Palmetto Partnership for Drug Abuse Prevention, the Carolina Art Association, the South Carolina Historical Society, and has served as a member of the board of both Charleston and Baker Memorial Hospitals; and
Whereas, in acknowledgement of his continued concern for the community and outstanding leadership, he was given the honor of having the James B. Edwards Elementary School in Mt. Pleasant, South Carolina dedicated to him in 1981; and
Whereas, he has received several other awards including the Tenth Thomas P. Hinman Distinguished Service Medal, the Founders Medal presented by the College of Charleston, and the Silver Good Citizenship Medal presented by the National Society of the Sons of the American Revolution; and
Whereas, Dr. Edwards has been awarded ten honorary degrees and serves on the boards of ten corporations; and
Whereas, because of his outstanding public service and proven leadership in the field of energy development and conservation, President Ronald Reagan appointed Dr. Edwards to serve as the Secretary of the United States Department of Energy; and
Whereas, Dr. Edwards has served effectively and successfully as President of the Medical University of South Carolina since 1982. Now, therefore,
Be in resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to name that section of the Mark Clark Expressway which crosses over the Wando River as the James B. Edwards Bridge.
Be it further resolved that a copy of this resolution be forwarded to Dr. James B. Edwards
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. HODGES moved to dispense with the Motion Period.
As a first substitute Rep. ROBINSON moved to recall H. 4510 from the Ways and Means Committee.
As a second substitute Rep. SHARPE moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. CARNELL moved that the House recur to the morning hour, which was rejected.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, immediate cloture having been ordered.
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.
Debate was resumed on Amendment No. 9, which was proposed on Thursday, February 10, by Reps. RUDNICK and COBB-HUNTER.
Rep. RUDNICK explained the amendment.
Rep. WAITES spoke against the amendment and moved to table the amendment.
The amendment was then tabled by a division vote of 64 to 1.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\436\11521AC.93), which was rejected.
Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:
/( ) Subsection (C) does not apply to a woman who would have to drive twenty-five miles or more to return to the clinic or facility to have the abortion after receiving the information required by subsection (A)./
Reletter subsections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then rejected.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\436\11522AC.93), which was tabled.
Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:
/( ) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D)./
Reletter sections to conform.
Amend title to conform.
Rep. RUDNICK moved to table the amendment, which was agreed to.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\436\11523AC.93), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Pregnancy Information Act of 1993".
SECTION 2. The 1976 Code is amended by adding:
"Section 44-41-90. (A) The South Carolina Department of Health and Environmental Control shall publish the following printed materials:
(1) geographically indexed materials describing public and private agencies and services, including counseling services, that are available to assist women during pregnancy, upon childbirth, and while the child is dependent, and which provide abortion services or adoption services. This list of agencies and services shall include the names of all available agencies or other service providers, a description of the services they offer, and the address and telephone number of the agency. The information on abortion services shall include the parental consent requirement and judicial by-pass procedure as set forth in Sections 44-41-31 through 44-41-34;
(2) materials describing benefits that are available to pay for prenatal care, childbirth, neonatal care, and abortion and providing the names, addresses, and telephone numbers of agencies or other parties that provide or have information available concerning these benefits;
(3) materials describing the mechanisms available for obtaining child support payments;
(4) materials warning of the risks of using alcohol, drugs, and cigarettes during pregnancy and describing public and private agencies and services that are available to assist pregnant women in overcoming addictions to those substances;
(5) materials emphasizing the importance of obtaining prenatal care throughout pregnancy and other information considered appropriate by the Department of Health and Environmental Control to assist the woman in assuring the health of her baby.
(B) The materials required under this section must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be provided at no cost and in appropriate number by the South Carolina Department of Health and Environmental Control to physicians practicing in the area of obstetrics, gynecology, and family practice, school guidance counselors, school nurses, public or private family planning clinics, general hospitals, and other facilities providing pregnancy testing, diagnosis, treatment, or counseling, to assist women in making informed decisions regarding childbirth, adoption, and abortion. The materials also must be provided to other persons or facilities upon request.
(D) A clinic, office, hospital, or other facility in which the diagnosis of pregnancy is made must make available to any patient who is diagnosed as pregnant the complete materials required under this section. This requirement is satisfied if the materials are displayed in the waiting room or examining room of the office, clinic, or other facility, together with a notice advising patients of their availability."
SECTION 3. Section 44-41-37 of the 1976 Code, as last amended by Act 341 of 1990, is further amended to read:
"Section 44-41-37. A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1) and shall make informational materials available to her as provided for in Section 44-41-90. The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following: (1) how to access her local health department for prenatal care; (2) how to access her local Adoption and Birth Parent Services Division of the Department of Social Services or any private not for profit adoption service; (3) the parental consent requirement as outlined in this bill; (4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and (5) how to access her local mental health center for counseling services."
SECTION 4. Section 59-32-30(D) of the 1976 Code is amended to read:
"(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\436\11524AC.93), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/Section __. Section 59-32-30(D) of the 1976 Code is amended to read:
"(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WELLS moved to table the amendment, which was agreed to by a division vote of 52 to 12.
On motion of Rep. FELDER the House stood at ease subject to the call of Chair.
Further proceedings were interrupted by the House standing at ease for the Joint Assembly, the pending question being consideration of amendments, immediate cloture having been ordered.
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. 4695 -- Rep. Hodges: A CONCURRENT RESOLUTION TO PROVIDE THAT THE HOUSE OF REPRESENTATIVES AND SENATE SHALL MEET IN THE HALL OF THE HOUSE ON WEDNESDAY, FEBRUARY 23, 1994, AT 12:00 NOON TO ELECT A SUCCESSOR TO THE HONORABLE DAVID W. HARWELL, CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE WILLIAM H. BALLENGER, CIRCUIT COURT JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1996; AND TO ELECT A CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEAT 1 AND JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEATS 2 AND 3.
The President announced that nominations were in order for the Chief Justice of the Supreme Court.
The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, nominated the Honorable A. Lee Chandler.
Rep. BAXLEY nominated the Honorable A. Lee Chandler as follows:
"Mr. President, Mr. Speaker, Ladies and Gentlemen of the Joint Assembly... Today it is my privilege on behalf of Rep. Neilson, Rep. Hines, and Senator Saleeby to stand before you to nominate for Chief Justice of the South Carolina Supreme Court a man whom we have known, respected, and admired, all of our lives. And while I could have told you many years ago that this day would come when he would be chosen to serve in our state's highest judicial office, I would never have dreamed that the distinct honor of making this nomination would be extended to me. Truly, for all of us in Darlington County, and indeed the State of South Carolina, today is a special day. Justice A. Lee Chandler has served our State and nation for well over half a century -- and has a distinguished record of service in every facet of his active life. I'd like to share just a few of his accomplishments here with you this morning. Fifty years ago, Lee Chandler left The Citadel in response to his nation's call to arms and served with great courage in the European Theater as a member of the 69th Infantry Division of the US Army. His valor in battle in defense of our nation earned him a Purple Heart and Bronze Star. Upon his return from the war and completion of his education at The University of South Carolina School of Law, Lee Chandler began a lifetime of community service and forward thinking that has had a profound impact on our region and the State of South Carolina. Throughout his life, he has always been a man of vision with the commitment and determination to make dreams become reality. He saw a need for better education and an improved work force and served as Chairman of the Florence Darlington Tech Board in its formative years. Because of his efforts, thousands of students have been given the opportunity to make a life for themselves and their families. He saw a need for greater development in our rural Pee Dee area and served as Chairman and Manager of our Development Board for many years, without compensation, and because of his efforts several industries located in Darlington County, at least three of which he is directly responsible for bringing to our community. Even as I stand before you today, people are working and earning a wage, contributing to the economic prosperity and welfare of our State, because of him. He saw a need for better government and was elected to serve in the House of Representatives in 1973 and in 1976 was chosen by this General Assembly to serve as a Judge of our Circuit Court and in 1984 was chosen an Associate Justice of our Supreme Court, where he has served capably and with distinction. He saw a need for a better administration of justice in our State, and as Chairman of the Rules Committee, undertook the mammoth task of establishing new rules of civil procedure for our courts. He authored a plain language bench book which is used today by our state's judges in charging juries and explaining the concepts of equity and law in language understood by everyone. Now he has undertaken the task of bringing responsibility and control to lawyer advertising in South Carolina. Throughout his busy life Lee Chandler has faithfully served his St. Matthews Episcopal Church in the highest offices accorded to laymen, has been President of Rotary, has been honored as an outstanding trial lawyer, attended and taught at the nation's judicial college, served his fellow man in ways that honestly are too numerous to mention. I had an interesting experience the other day, when given the opportunity to talk with Justice Chandler about his half century of service to South Carolina. I asked him what was the secret of his success -- that something extra in his life that today stands him above all others -- and do you know what he said? Not one mention did he make of the honors and awards just recited, this information came from other sources; Not one mention of his own personal abilities and strength, and not one mention of a lifetime of service to others. Instead, his modest response flowed like a panacea for the ills of today's society. His answer was simply one word, 'Family.' His loving wife Martha of 49 years, seated with him today in the balcony, who has been his best friend, confidant, advisor, and spouse, a lifelong companion through good and bad, high and low, and as he put it, "God's greatest gift to him." Their daughter Jane Chandler Rouse and her husband Bob, who live in Charleston, who have blessed the Chandlers with one grandson, Wilson Rouse, now 13, the apple of their eye. It is for his family and grandchild, and for each of us and our families that at a time when Lee Chandler could easily retire, he instead shoulders the burdens of administering the judiciary of our State. There could be no more capable hands for this tremendous undertaking and on behalf of the Darlington County Legislative Delegation, it is my privilege to thank and commend Justice A. Lee Chandler for his lifetime of contributions to our lives, and to place his name in nomination for the position of Chief Justice of the South Carolina Supreme Court, and to further move that the nominations be closed and Chief Justice Chandler be elected by acclamation. Thank you, Mr. President."
On motion of Rep. BAXLEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable A. Lee Chandler was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit.
The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that Alexander S. Macaulay and Lowell W. Ross, Sr. had been screened and found qualified.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, withdrew Lowell W. Ross, Sr. as a candidate, and nominated the Honorable Alexander S. Macaulay.
On motion of Rep. T.C. ALEXANDER, and the Oconee Delegation, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Alexander S. Macaulay was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Sixth Judicial Circuit, Seat 2.
The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that Walter B. Brown, Jr. had been screened and found qualified.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, nominated Walter B. Brown, Jr.
On motion of Rep. WILKES, and the Fairfield Delegation, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Walter B. Brown, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Chief Administrative Law Judge, Seat 1.
The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that the following candidates had been screened and found qualified: H. Clay Carruth, Jr., John J. Fantry, Jr., Samuel L. Finklea, III, Selma T. Jones, Marvin F. Kittrell, Nora B. Lewis, J. Harold Mayer, Jr., Sheila D. McMillan, Nicholas P. Sipe, N. Steven Steinert, and Ray N. Stevens.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that James G. Longtin had been screened and found unqualified.
Rep. HODGES announced that J. Harold Mayer, Jr., Sheila D. McMillan, and Nicholas P. Sipe had withdrawn as candidates.
Senator Macaulay withdrew H. Clay Carruth, Jr. as a candidate.
Senator Leventis withdrew Samuel L. Finklea, III as a candidate.
Rep. FULMER nominated Mr. N. Steven Steinert as follows:
"Mr. Speaker, Ladies and Gentlemen... Those of you who know me know I am not an orator but I am a friend and that is why I come to this podium. It is my pleasure to place in nomination the name of Steve Steinert for the position of Chief Administrative Law Judge. Steve is an old friend of mine. We grew up together, went to grammar school together and were in high school together until he left Charleston at the age of 15 to become Mendel Rivers' page in the United States House of Representatives. Even then he distinguished himself and became Chief Page in the House and remained there for three years. When he graduated from Capital Page School, he was President of his senior class. I don't nominate Steve for this high office because we are old friends or because I've known him for a long time. I recommend him to you because he is the best qualified person for this job. The fact that I have known him as long as I have, gives me additional insight into his character and integrity. But, in addition to those qualities that any judge must have, it is his training and experience which make him an exceptional candidate. In addition to his law degree from the University of South Carolina, Steve has a bachelor's degree from the University of Virginia, a master's degree in International Studies from the University of South Carolina and a Ph.D in Political Science from Emory University. Steve knows government. He has studied it, written about it, and he has taught it. His writings include articles on state court reform and court management. But Steve is not an ivory tower intellectual. He not only knows government by studying and teaching it, he knows government from being inside of it. He has served at every level of government - city, county, state and federal. I would especially mention to you the four years that he spent as County Administrator in Charleston County, managing a budget of over forty million dollars and work force of over 1000 people. I mention this experience because Steve is a candidate who has managed and run a major organization. He knows how things work. He knows how to get the job done. His effectiveness as County Administrator, during a very turbulent period in Charleston's political history, is acknowledged by all. He is noted for his management skills and is the perfect candidate to be the Chief Judge, the person who is responsible for administering this, as yet, untested new court. Steve is right for this job for another very important reason. For the last 7 and one half years he has been in the private practice of law. He is from outside of the system. He is, if you would, from outside of our own little Columbia Beltway. He understands the frustrations of people in dealing with government. He understands the difficulties of penetrating the bureaucracy. As you all know, I am a small businessman and he understands the impact that regulations can have on small business. In other words, he brings a balance of both public and private experiences to this new court. I know that he will steer it properly. There is one other set of attributes that those of us from Charleston know Steve for. He is a civic-minded and community oriented person. He has sacrificed for the good of our community. He has held many offices in the Charleston Trident Chamber of Commerce and two years ago was elected its President. On the personal side, he has been married to his childhood sweetheart, Harriett Rittenberg Steinert, for 27 years. They have two daughters, both of whom are in college. Harriett is the first female surgeon from the State of South Carolina to be a fellow member of the American College of Surgeons. She, too, is a distinguished member of our community and her grandfather, for many years, was chairman of the legislative delegation from Charleston County. Steve is very qualified. He has the temperament, the experience, the skills, the background, the managerial strength, and the sense of right and wrong which makes him the ideal candidate for this Court. A distinguished judge, Learned Hand, said that a Judge needs to possess only two things, a heart and an understanding of the hearts of others. I agree with Judge Hand and feel especially proud today to nominate my friend, Steve Steinert for Chief Judge. Thank you."
Rep. CARNELL nominated Selma T. Jones as follows:
"Mr. President, Mr. Speaker and members of the General Assembly... with great personal pleasure, I nominate Selma T. Jones to be Chief Administrative Law Judge. I have known Selma all of her life and am delighted to place her name in nomination. She is a graduate of Emory University in Atlanta, and she earned her law degree at the University of South Carolina. Selma has served this State as an Assistant Solicitor most of her professional life. She also practiced civil law with Kermit King, one of South Carolina's most respected lawyers. Her experience as a lawyer ranges from Magistrates Court to the Supreme Court; from DUI cases to death penalty cases. Her record as solicitor is truly outstanding. The General Assembly created the administrative law division to bring integrity and independence to administrative rule making and adjudication. The chief administrative law judge must be smart, disciplined and honest. Selma Jones is! The chief administrative law judge must be independent. Selma Jones is! The chief administrative law judge must be a skilled and experienced lawyer. Selma Jones is! The chief administrative law judge must be a person we trust to create an outstanding administrative judicial system for South Carolina. Selma Jones is that person. So, Mr. President, it is with great pleasure that I nominate Selma T. Jones."
Rep. BOAN nominated Ray N. Stevens as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly... I am here to nominate Mr. Ray Stevens for the job of Administrative Law Judge, Chief Judge Seat #1. Mr Stevens, if you observed him carry out his campaign, you would know that he doesn't have the political connections that some of the other candidates in the race have. But, let me tell you what I know about him and I have only known him about the last six months, but I have watched him as a state employee and as a dedicated employee of the State Tax Commission and his work in that role and I will tell you that he has served you well and served the citizens of South Carolina well. I believe that Ray Stevens, from the work that I have seen him do and the Retiree Lawsuit as an example, deserves the opportunity to serve in this important position. It is important in this new creation of this job that we have somebody with the experience, I believe Ray Stevens would bring to this position from his experience as the lawyer for the Tax Commission, the Department of Revenue and for that reason, I would urge you to consider Ray Stevens for Seat #1. Thank you."
Rep. HARWELL nominated Marvin F. Kittrell as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly... It is my pleasure today to place in nomination a man that I feel is most qualified for this position. I submit to you that this is the best qualified person of all of the candidates, not taking anything away from any of the others. As those who have preceded me have told you of their position and of their expertise and their occupations and their lives, business persons, insurance men, various different professions and applications. I am very proud to tell you that I am a farmer, lawyer and I don't make my living anymore farming and haven't for a number of years. My principle source of income is from the practice of law in a very small community, country surroundings, a country lawyer. In fact my name speaks of that, if you drop the 'S', that is appropriate. I accept that with a great deal of pride. When the Constitutional Laws Committee dealt with Restructuring, one of the things that concerned us greatly was that the inhouse lawyers in the various agencies of this State, that when you appeared before them, you had no misgivings, that in almost every instance, you are going to lose because you don't rule against employer. We felt that it was necessary to create these administrative law judges in order to have a level playing field and a professional person with experience who is an attorney and was an attorney and could make certain that those persons that appear before them, and the advocates from different positions got a fair hearing. We have now implemented that law. I commend all of you, the leadership, particularly the Speaker of this House and others, who saw the inequity in that system. Now, we have got the opportunity for a level playing field. My experience has been people have come to me because they know that I am an attorney and would ask me the opinion as a lay person and I would advise them, but not only to get my opinion but get a second opinion and third opinion and they would come back to me and say that they got three different opinions. All are in conflict with each other. Everytime you get more than one lawyer's opinion, you have got another opinion and they don't concur. But, let me tell you on the person that I am going to nominate, the majority of the people in the Senate, and those of you in the House, will have the opportunity to watch it on that board. You watch the Senators who are attorneys, practicing lawyers and you know who they vote for and those of you in the House that are not yet committed, you look at that and I think it speaks to you. I will tell you that those that practice law within this Body in the House, you will find that an overwhelming majority of them will support this candidate. I place in standing nomination of Marvin 'Buddy' Kittrell for Seat #1 of the Administrative Law Court and why, because this seat is the most important one you will elect. This new Court, a new day in this State, this Chief Judge will be responsible for its operation, but more importantly will carry the burden of getting this Court running for the citizens of this State and not the various agencies and their particular interests or cause. We have a responsibility to ensure that the leadership of this new Court not only is experienced and capable, but in the most qualified hands. Buddy Kittrell has judicial experience, different from the others in that already he has not only worked in the administrative aspect of it, but he has a Master's degree in Taxation and that is extremely important in dealing with this Revenue Department. He practiced law for 14 years, pride in becoming a Workman's Compensation Commissioner, and that experience, particularly that judicial experience gives him a unique ability to get this new Court up and running quickly and I submit to you that 24 that we replace with three are not going to be able to do it. The three more that we elect in a few weeks are not going to be able to do it. It is going to be an extreme task. Buddy was born in 1941, let me give you some personal information on him. My math tells me he is 52 years old. With that age, comes maturity. He was raised in the heart of the Pee Dee, Hartsville. He graduated from high school, finished Furman University with honors, just as I did, he graduated cum laude and I graduated a laude. He served his country for two years in a combat situation in Vietnam in the most dangerous there is. What a warfare? Upon the completion of his military service, he continued his education receiving his law degree from the University of South Carolina, his Master's degree in Taxation from the University of Florida. He began his legal career with the firm of Dennis and Dennis in Moncks Corner. Then he served as a Trust Officer for South Carolina National Bank for four years overseeing administrations of estates. He then entered private practice in Newberry as a partner in the firm of Griffith and Kittrell where he practiced for 14 years concentrating mostly in the area of taxation of state planning while maintaining a general practice. He has done an excellent job here in cases of trial as well as assisting in running that agency. He has earned an outstanding reputation for having a knowledge of law and administrative procedure, being highly ethical, fair minded, excellent judicial temperament and demeanor and always being courteous to all lawyers and litigants who appear before him and most important, proven himself to be a devoted parent, having raised a daughter from the age of five years old by himself. Experiencing single parenting while practicing law full time in a small town. He is active in his church and active in numerous civic organizations. He has background as a businessman and an organizer for banks, worked in the toughest administrative system there is, and I know this because my wife is a teacher, having spent a year teaching school prior going to law school. Buddy Kittrell's judicial experience in an administrative agency, his tax background, his practical legal experience, his maturity, make him the best qualified candidate to lead this new Court. It is my privilege, ladies and gentlemen, to place in nomination for Seat #1, the Chief Judge position, Marvin 'Buddy' Kittrell. Thank you."
Rep. HODGES, on behalf of the Joint Judicial Screening Committee, placed in nomination the names of John J. Fantry, Jr. and Nora B. Lewis.
On motion of Rep. HODGES, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Fantry:
Short
The following named Senators voted for Ms. Jones:
Bryan Cork Courson Drummond Lander Macaulay McGill O'Dell Smith, J.V.
The following named Senators voted for Mr. Kittrell:
Courtney Elliott Glover Gregory Hayes Land Martin Rankin Reese Russell Thomas Waldrep Williams Wilson
The following named Senators voted for Ms. Lewis:
Peeler
The following named Senators voted for Mr. Steinert:
Ford Jackson Leatherman Leventis Matthews McConnell Mescher Patterson Richter Rose Smith, G. Washington
The following named Senators voted for Mr. Stevens:
Giese Moore
The following named Senators abstained from voting:
Mitchell Passailaigue Ryberg Setzler Stilwell
On motion of Rep. CROMER, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Fantry:
The following named Representatives voted for Jones:
Bailey, G. Brown, G. Byrd Carnell Harris, P. Kennedy Klauber McAbee McKay Moody-Lawrence Neal Rhoad Robinson Scott Shissias Stille Stoddard Tucker Waldrop Wilder, D. Wilder, J.
The following named Representatives voted for Kittrell:
Anderson Askins Baker Baxley Brown, J. Cato Clyborne Cromer Davenport Delleney Elliott Felder Govan Graham Hallman Harrelson Harvin Harwell Haskins Hines Huff Hutson Jennings Keegan Kelley Kinon Lanford Law Marchbanks Martin Mattos McElveen McMahand McTeer Meacham Riser Rudnick Simrill Smith, D. Smith, R. Snow Stone Thomas Trotter Vaughn Walker Wilkins Witherspoon Wofford
The following named Representatives voted for Lewis:
Farr
The following named Representatives voted for Steinert:
Alexander, T.C. Bailey, J. Barber Breeland Brown, H. Cobb-Hunter Cooper Fulmer Harrell Houck Inabinett Keyserling Kirsh Richardson Waites Whipper White Young, A. Young, R.
The following named Representatives voted for Stevens:
Alexander, M.O. Allison Boan Fair Gamble Harris, J. Hodges Jaskwhich Littlejohn McCraw McLeod Neilson Phillips Quinn Sharpe Spearman Stuart Wells Williams Worley Wright
Total number of Senators voting 39
Total number of Representatives voting 111
Grand Total 150
Necessary to a choice 76
Of which Mr. Fantry received 1
Of which Ms. Jones received 30
Of which Mr. Kittrell received 63
Of which Ms. Lewis received 2
Of which Mr. Steinert received 31
Of which Mr. Stevens received 23
Whereupon, the President announced that none of the candidates received the necessary votes and the Joint Assembly would proceed to the next ballot.
Rep. WILKES withdrew Mr. John J. Fantry, Jr. as a candidate.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Ms. Jones:
Bryan Cork Courson Drummond Lander Macaulay McGill O'Dell
The following named Senators voted for Mr. Kittrell:
Courtney Elliott Ford Glover Gregory Hayes Land Leatherman Martin Matthews Rankin Reese Russell Smith, J.V. Thomas Waldrep Williams Wilson
The following named Senators voted for Mr. Steinert:
Jackson Leventis McConnell Mescher Patterson Richter Rose Smith, G. Washington
The following named Senators voted for Mr. Stevens:
Giese Moore Peeler Short
The following named Senators abstained from voting:
Mitchell Passailaigue Ryberg Setzler Stilwell
Rep. MEACHAM withdrew Ms. Nora B. Lewis as a candidate.
On motion of Rep. CROMER, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Jones:
Brown, H. Byrd Carnell Cobb-Hunter Cooper Graham Harris, P. Klauber Martin McAbee Phillips Rhoad Robinson Shissias Stille Stoddard Trotter Tucker Waldrop Wilder, D.
The following named Representatives voted for Kittrell:
Anderson Askins Bailey, G. Baker Baxley Brown, G. Brown, J. Cato Clyborne Cromer Delleney Elliott Felder Govan Hallman Harrelson Harvin Harwell Haskins Hines Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Lanford Marchbanks Mattos McElveen McKay McLeod McMahand McTeer Meacham Quinn Riser Rudnick Simrill Smith, D. Smith, R. Snow Stone Thomas Vaughn Walker Wilder, J. Wilkins Witherspoon Wofford
The following named Representatives voted for Steinert:
Alexander, T.C. Bailey, J. Barber Breeland Davenport Farr Fulmer Harrell Houck Inabinett Kennedy Keyserling Kirsh Littlejohn Moody-Lawrence Neal Richardson Scott Waites Whipper White Williams Young, A. Young, R.
The following named Representatives voted for Stephens:
Alexander, M.O. Allison Boan Fair Gamble Harris, J. Hodges McCraw Neilson Sharpe Spearman Stuart Wells Worley Wright
Total number of Senators voting 39
Total number of Representatives voting 110
Grand Total 149
Necessary to a choice 75
Of which Ms. Jones received 28
Of which Mr. Kittrell received 69
Of which Ms. Lewis received 0
Of which Mr. Steinert received 33
Of which Mr. Stevens received 19
Whereupon, the President announced that none of the candidates received the necessary votes and the Joint Assembly would proceed to the next ballot.
Rep. J. BAILEY moved that the Joint Assembly recede for five minutes, which was rejected.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Ms. Jones:
Bryan Courson Drummond Giese Lander Macaulay McGill Moore O'Dell
The following named Senators voted for Mr. Kittrell:
Courtney Elliott Ford Glover Gregory Hayes Land Leatherman Martin Peeler Rankin Reese Russell Smith, J.V. Thomas Waldrep Williams Wilson
The following named Senators voted for Mr. Steinert:
Cork Jackson Leventis Matthews McConnell Mescher Patterson Richter Rose Smith, G. Washington
The following named Senators voted for Mr. Stevens:
Short
The following named Senators abstained from voting:
Mitchell Passailaigue Ryberg Setzler Stilwell
On motion of Rep. CROMER, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Ms. Jones:
Alexander, M.O. Byrd Carnell Graham Harris, P. Klauber McAbee Rhoad Robinson Shissias Stille Stoddard Tucker Waldrop Wilder, D.
The following named Representatives voted for Mr. Kittrell:
Allison Anderson Askins Bailey, G. Baker Baxley Brown, G. Brown, H. Brown, J. Cato Clyborne Cromer Davenport Delleney Elliott Fair Felder Govan Hallman Harrelson Harris, J. Harvin Harwell Haskins Hines Houck Huff Hutson Jaskwhich Keegan Kelley Kinon Lanford Law Marchbanks Martin Mattos McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Quinn Riser Rudnick Scott Simrill Smith, D. Smith, R. Snow Stone Thomas Trotter Vaughn Walker Wells Wilder, J. Wilkins Williams Witherspoon
The following named Representatives voted for Mr. Steinert:
Alexander, T.C. Bailey, J. Barber Breeland Cooper Farr Fulmer Gamble Harrell Inabinett Kennedy Keyserling Kirsh Littlejohn Neal Phillips Richardson Sharpe Stuart Waites Whipper White Wofford Young, A. Young, R.
The following named Representatives voted for Mr. Stevens:
Boan Hodges McCraw Neilson Spearman Worley Wright
Total number of Senators voting 39
Total number of Representatives voting 109
Grand Total 148
Necessary to a choice 75
Of which Ms. Jones received 24
Of which Mr. Kittrell received 80
Of which Mr. Steinert received 36
Of which Mr. Stevens received 8
Whereupon, the President announced that Mr. Marvin F. Kittrell having received a majority of the votes cast, was duly elected for the term prescribed by law.
The President announced that nominations were in order for an Administrative Law Judge, Seat 2.
The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that the following candidates had been screened and found qualified: Stephen P. Bates, Karen L. Kanes, Delbert H. Singleton, Jr., and John H. Whittleton, Sr.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that James G. Longtin had been screened and found unqualified.
Rep. HODGES announced that Delbert H. Singleton, Jr. and John H. Whittleton, Sr. had withdrawn as candidates.
Senator Courtney withdrew Karen L. Kanes as a candidate.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, nominated Stephen P. Bates.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Stephen P. Bates was duly elected for the term prescribed by law.
The President announced that nominations were in order for an Administrative Law Judge, Seat 3.
The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that the following candidates had been screened and found qualified: Ralph K. "Tripp" Anderson, III, Curtis G. Clark, John D. Geathers, Alison R. Lee, W. Kenneth Moore, and V. Lynn Wiggins.
Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that James G. Longtin had been screened and found unqualified.
Rep. HODGES announced that Curtis G. Clark, John D. Geathers, Ralph K. "Tripp" Anderson, III, and W. Kenneth Moore had withdrawn as candidates.
Rep. SCOTT nominated Ms. Alison R. Lee as follows:
"Mr. President, Mr. Speaker, distinguished members of the Joint Assembly, ladies and gentlemen... it is with honor to place in nomination Allison Lee as candidate for the Administrative Law Judge, Seat #3. She is a wife and a mother of two and is a graduate of Tulane Law School in New Orleans, LA in May of 1982. She was admitted to the Bar in Texas in 1982, in 1983 in Louisiana, and in South Carolina in 1984. My candidate is presently a Staff Counsel. She has been working here in the South Carolina General Assembly from December, 1989, to present. Her responsibilities consist of drafting legislation for introductions for members of the South Carolina General Assembly primarily in the area of transportation, criminal law, corrections and penology, probation, pardon and paroles, the Judiciary and Education and also conducts research regarding other state laws and the constitutionality of law of legislation. Some of her past experience has included employment with the McNair Law Firm here in Columbia, as an Associate Attorney in the litigation section, corporate section and labor and employment law section from September, 1984 to November, 1989. Her work consisted of representing employers in employment discrimination actions, administrative hearings regarding occupational safety and health petition, and national labor relation claims involving unfair labor practices. Previously represented financial institutions in loan workout, mortgage foreclosures on commercial property and defended consumer credit transaction contract and tort actions primarily in federal court. She is also a past employer as a law clerk for The Honorable C. Talbert Goolsby, Jr. from October, 1983 to August, 1984. Her responsibilities consisted of doing research and writing bench memorandums, drafting opinions, and domestic relations and family court matters, criminal law and administrative review cases. She also has experience as a law clerk in New Orleans, Louisiana for Circuit Court of Appeals for The Honorable Israel M. Augustine, Jr. from September, 1982 to September, 1983. Her responsibilities consisted of legal research and drafting opinions, and proposed rules on supervisory written applications. Some of her professional associations consist of United States Fourth Circuit Court Judiciary Conference; the Federal Bar; Fourth Circuit Court of Appeals; the Federal Bar District of South Carolina, Employment Labor Law section, South Carolina Bar. It is with great distinction and honor to place in nomination for the position of Administrative Law Judge Seat #3, Allison Renee Lee. Thank you very kindly."
Rep. QUINN seconded the nomination of Ms. Lee.
Senator Wilson withdrew V. Lynn Wiggins as a candidate.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ms. Alison R. Lee was duly elected for the term prescribed by law.
I abstained from voting on Judge from the 10th Judicial Circuit.
Rep. J. L. MANN CROMER, JR.
I have abstained from voting for Administrative Law Judge in seats one, two and three on February 23, 1994, due to current ethics rules which could result in my being unable to appear before them as an attorney on future legal matters.
Rep. ROLAND S. CORNING
Please let the minutes of the Joint Assembly reflect that I abstained from voting in the elections for Seats 2 and 3, Administrative Law Judges.
Rep. JOSEPH T. McELVEEN, JR.
Please let the minutes of the Joint Assembly reflect I abstained from voting in elections for Seats 2 and 3 for Administrative Law Judges.
Rep. F.G. "GREG" DELLENEY, JR.
I abstained from voting in Administrative Law Judge Seat 2 election won by Steve Bates.
Rep. MORGAN MARTIN
I abstain from voting on Administrative Law Judge Seat #2.
Rep. JAMES P. HARRELSON
I abstain in voting for Administrative Law Judge Seat #3.
Rep. JAMES P. HARRELSON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judges Elections
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the coming year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judges Seats 1, 2, 3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the coming year.
Rep. C. LENOIR STURKIE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judges Races
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DONALD W. "DON" BEATTY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Election of Administrative Law Judges
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the coming year.
Rep. JAMES H. HARRISON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judges Seats 1, 2 & 3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the coming year.
Rep. TIMOTHY F. ROGERS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judges #1, 2 or 3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated for the coming year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: All votes on Election of Administrative Law
Judges Seats 1, 2 3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. STEPHEN E. GONZALES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judge #2
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated for the next year.
Rep. DOUG SMITH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judge Seat #2
Administrative Law Judge Seat #3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the coming year.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judge Seat #3
Administrative Law Judge Seat #2
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated for the coming year.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judge Elections -
Seats 2 & 3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of potential representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the next year.
Rep. J. MICHAEL BAXLEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judge
Seat No. 2, Seat No. 3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. MORGAN MARTIN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Election of Administrative Law Judges
Seats #2, #3
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. PAULA H. THOMAS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Election of Administrative Law Judges
Seat #1
Statement: I was out of the Chamber during the third ballot and did not vote. I had earlier voted for Kittrell on the two previous ballots and would have voted for Kittrell again on the third ballot had I voted.
Re: Election of Administrative Law Judge Seat #2 and Seat #3, I abstained from voting.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of potential representation of a client before a particular agency or commission by me or an individual or business with whom I am associated during the next year.
Rep. DOUGLAS JENNINGS, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judges Election
Seat #2 and Seat #3
The reason for abstaining on the above referenced legislation is:
Ruling of Ethics Committee February 23, 1994
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
General Subject Matter: Administrative Law Judges #3
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated for the next year.
Rep. DOUG SMITH
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 1:15 P.M. the House resumed, the SPEAKER in the Chair.
Rep. G. BROWN moved that the House do now adjourn.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Elliott Fulmer Gamble Govan Graham Hallman Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Houck Inabinett Jaskwhich Jennings Kelley Kennedy Keyserling Kinon Kirsh Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Rudnick Sharpe Sheheen Shissias Smith, D. Spearman Stille Stone Waites Walker Whipper White Wilder, D. Williams
Those who voted in the negative are:
Allison Baker Brown, H. Cato Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Gonzales Harrell Harrison Haskins Huff Hutson Keegan Lanford Law Littlejohn Meacham Quinn Richardson Riser Robinson Scott Simrill Smith, R. Snow Stuart Thomas Trotter Tucker Vaughn Wells Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4760 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS IN SOUTH CAROLINA IN REGARD TO THE REHABILITATIVE CARE OF OUR CITIZENS AND TO DECLARE WEDNESDAY, FEBRUARY 23, 1994, AS "PHYSICAL THERAPY DAY" IN SOUTH CAROLINA.
H. 4797 -- Reps. Wright and McElveen: A CONCURRENT RESOLUTION COMMENDING AND THANKING LINDA JACOBUS FOR HER EXCELLENT WORK AS STAFF TO THE SOUTH CAROLINA COMMITTEE ON HIGH SCHOOL APPRENTICESHIPS AND MENTORSHIPS AND AS CHAIR OF THE COMMITTEE'S SUBCOMMITTEE ON SCHOOL CURRICULUM.
H. 4798 -- Reps. Rogers, J. Brown, Byrd, Neal, Scott, Cromer, Quinn, Waites, Harrison, Shissias and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL TEAM OF COLUMBIA ON WINNING THE SECOND ANNUAL BLACK HISTORY BOWL, SPONSORED BY BROOKLAND BAPTIST CHURCH, FEBRUARY 12, 1994.
At 1:19 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Lynette Crane of Rock Hill, to meet at 10:00 A.M. tomorrow.
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