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The House assembled at 12:00 Noon.

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

Almighty and everlasting God, concerned at all times about the welfare of all Your children and Who always uses human beings to accomplish Your mighty plans and purposes, we humbly implore You to give Your wisdom to the President of the United States, his counselors, and to all that are in authority that, guided by that wisdom, they may remain high in purpose, wise in counsel, and unwavering in duty. In the administration of their solemn charge may they wholly serve Your will, uphold the honor of our Nation, maintain the protection of our people, and set forward every righteous cause.

We pray to our God, the Father of all mankind. Amen.

Rep. KINON made the following remarks concerning our servicemen in Saudi Arabia:

"I would like to make a few remarks to you this morning as General Kinon, retired, and not as Representative Kinon. Some of us thought that it would be fitting for us to remember our soldiers that are involved in the crisis. I have had flags put on each of your desk and when you see those flags, I ask that you say a prayer for each of these individuals. Also, I would like to recognize the veterans and I would like for all veterans to please come forward and participate in this program with me. We don't have a planned program, but there are a few things that we would like to carry out and I ask you to please come forward so you, too, can be recognized. Fellow Representatives... I stand before you with a heavy heart and a worried mind. I was counting up the other day and I reckon I have fired more military weapons than anyone in this Body. I have fired four or five machines, different type of machine guns. I have fired rockets. I have fired the mini gun. I have fired the grenade launchers and I know the devastation that these weapons can reap upon people. But, to me, our salvation is not in the awesome array of weapons that we have over in Saudi. It's in prayer. As I was 15 years old on D-Day and I remember that everybody in my little town, that when it was announced, that invasion had started, we all went to church and prayed. And, as I said, our town came to a stand still. And that's what we need to do. We all need to individually and as a group pray for our soldiers over there. By way of information, we have ten national guard units over there and of course, that many or more reserve units. There is not a person in this Body whose life will not be affected if a shot is fired. Let me give you an example. We have our own Jim Harrison that is already over there. We have Woody McKay that is on alert. And Alf McGinnis, my good friend, and incidently Alf has helped me put together this little program this morning. He has two sons and two daughter-in-laws that have been affected by the Gulf Crisis. I think it would be very fitting at this time if we sang 'God Bless America' and I have asked Representative Wells to please come forward and lead us in singing 'God Bless America' because that is what we need is for God to bless America. If war does come, then it will escalate. Everybody is guessing as to how long it will last and we have no way of knowing, but I am so proud that we have a President such as President Bush, a man who has been to war and a man who has been shot down that is leading us. And I am proud of our people in Washington that voted to support him."

Rep. WELLS then led the House in the singing of "God Bless America."

At this time, I will call on Colonel Alf McGinnis to lead us in the Pledge of Allegiance.

Rep. McGINNIS then led the House in the Pledge of Allegiance.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

The Report of the Joint Legislative Committee on Tourism and Trade was received and will be printed in the House Journal on Friday, January 18.

The following was received.

January 15, 1991

TO: Members of the S.C. General Assembly

The S.C. National Guard and The National Guard Association's annual Legislative reception was scheduled for this evening, January 15, 1991. With the grave situation that now exists in the Persian Gulf the decision has been made to cancel this reception tonight.

We are asking and encouraging the members of the General Assembly and the public to go to the church of their choice and pray for almighty God's divine intervention on behalf of our service men and women stationed in the Persian Gulf region.

T. Eston Marchant
Major General, SCARNG
The Adjutant General

Received as information.

The following was received.

January 14, 1991

TO: Sandra K. McKinney, Clerk of the House
FROM: Olin R. Phillips, Chairman
RE: Committee Officers

At the January 10, 1991, meeting of the Education and Public Works Committee, the following officers were elected:

Olin R. Phillips, Chairman

David A. Wright, Second Vice Chairman

The First Vice Chairman and Chairman Emeritus remain the same.

Received as information.

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

Document No. 1354
Promulgated By Insurance Department
Life Reinsurance Agreements (69-48)
Received By Speaker January 10, 1991
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date May 9, 1991

Document No. 1355
Promulgated By Insurance Department
Valuation of Investments (69-35)
Received By Speaker January 10, 1991
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date May 9, 1991

On motion of Rep. BOAN, with unanimous consent, the following was taken up for immediate consideration:

S. 395 -- Senator Saleeby: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.

Whereas, the Joint Insurance Study Committee has been requested to study and is studying the South Carolina Reinsurance Facility with regard to its rates, losses, operation, and effects of cessation limitation, and additional time is needed to complete the study. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the time is extended for the committee to complete its study and make a report to the General Assembly no later than March 31, 1991.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 442 -- Senators Peeler, Hayes and Hinson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. DAVID DEWITT SKINNELL OF YORK COUNTY WHO DIED ON MONDAY, JANUARY 7, 1991.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 3206 -- Reps. P. Harris, Waldrop, Waites and Wilder: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE COMMISSION ON AGING AND INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; AND TO TEMPORARILY INCREASE THE BINGO LICENSE TAX AND AUTHORIZE THE ADDITIONAL REVENUES TO BE USED FOR PARTIAL PAYMENT OF PRINCIPAL AND INTEREST PAYMENTS FOR CAPITAL IMPROVEMENT BOND ISSUES.

Referred to Committee on Ways and Means.

H. 3207 -- Reps. Waites, Barber, Clyborne, P. Harris and Corning: A BILL TO AMEND SECTIONS 7-11-15, AS AMENDED, 7-11-210, 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE PRIMARY DATE TO BE THE SECOND TUESDAY AFTER THE FIRST MONDAY IN SEPTEMBER, REVISE FILING DATES AND THE DEADLINE FOR THE PRIMARY PLEDGE, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY AFTER THE FIRST MONDAY IN SEPTEMBER OF EACH GENERAL ELECTION YEAR.

Referred to Committee on Judiciary.

H. 3208 -- Reps. Waites, Barber, Clyborne and P. Harris: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3209 -- Reps. Waites, Barber, Clyborne and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-60 SO AS TO PROHIBIT AN ELECTED OR APPOINTED OFFICIAL OF A STATE AGENCY, DEPARTMENT, OR INSTRUMENTALITY FROM USING HIS POSITION TO CANCEL, REVOKE, OR INFLUENCE THE RESULT IN ANY PROCEEDING REGARDING THE ISSUANCE OF A TRAFFIC TICKET UNDER SECTION 56-7-10.

Referred to Committee on Judiciary.

H. 3210 -- Reps. Waites, Barber, Clyborne and P. Harris: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED MEETINGS OF A PUBLIC BODY UNDER THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY MAY OCCUR UPON A FAVORABLE VOTE OF TWO-THIRDS OF THOSE MEMBERS OF THE PARTICULAR HOUSE PRESENT AND VOTING.

Referred to Committee on Judiciary.

H. 3211 -- Reps. Waites, Barber, Clyborne and P. Harris: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 IN ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Referred to Committee on Judiciary.

The following was introduced:

H. 3212 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STAFF OF THE CHESTERFIELD COUNTY OFFICE OF THE SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES ON BEING AWARDED THE THIRD ANNUAL EXECUTIVE DIRECTOR'S OFFICE EXCELLENCE AWARD.

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

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

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Burriss                Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Cromer                 Derrick
Elliott, L.            Faber                  Fair
Farr                   Felder                 Foster
Fulmer                 Gonzales               Hallman
Harris, J.             Harris, P.             Harvin
Haskins                Hendricks              Hodges
Holt                   Houck                  Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Rogers                 Ross                   Scott
Sharpe                 Sheheen                Shirley
Short                  Smith                  Stoddard
Sturkie                Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Wofford                Wright
Young, A.              Young, R.

I came in after the roll call and was present for the Session on January 15, 1991.

B. Hicks Harwell                  Robert Hayes, Jr.
L. Morgan Martin                  Irene K. Rudnick
Thomas C. Alexander               Don Beatty
Ken Bailey                        Thomas E. Huff
John B. Williams                  Maggie W. Glover
Mike Jaskwhich                    D. Elliott
Larry Koon                        Jack Gregory
John J. Snow, Jr.                 Thomas N. Rhoad
Larry E. Gentry

Announcement was made that Dr. Steve Imbeau of Florence is the Doctor of the Day for the General Assembly.

The following was introduced:

H. 3213 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE HOUSE OF REPRESENTATIVES, RELATING TO PROHIBITING PERSONS FROM BEING ADMITTED IN THE CHAMBER OF THE HOUSE, SO AS TO PROHIBIT A LOBBYIST, INCLUDING FORMER MEMBERS AND FORMER HOUSE MEMBERS OR SITTING SENATORS SEEKING VOTES AS A CANDIDATE OR ANY POSITION ELECTED BY THE GENERAL ASSEMBLY, WITHIN THE HALL OF THE HOUSE WITHOUT SPECIAL LEAVE AND DELETE CERTAIN EXCEPTIONS REGARDING FORMER HOUSE MEMBERS OR SITTING SENATORS BEING ADMITTED TO THE HALL.

Rep. McTEER explained the resolution.

Rep. BAXLEY moved to adjourn debate upon the resolution.

Rep. McTEER raised the Point of Order that you can't adjourn debate on the Rules Resolution because the Resolution itself interrupted the debate of the House.

The SPEAKER stated that you could adjourn debate on any motion which was debatable and clearly the Resolution was debatable and he overruled the Point of Order.

The question then recurred to the motion to adjourn debate, which was agreed to.

The following was introduced:

H. 3214 -- Rules Committee: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING RULE 10.9 SO AS TO PROHIBIT A PERSON FROM SEEKING THE PLEDGE OF A MEMBER OF THE HOUSE OF REPRESENTATIVES TO VOTE FOR ANY POSITION ELECTED IN JOINT ASSEMBLY BY THE GENERAL ASSEMBLY AND PROHIBIT A MEMBER OF THE HOUSE FROM OFFERING THE PLEDGE UNTIL THE QUALIFICATIONS OF ALL CANDIDATES FOR THAT POSITION HAVE BEEN DETERMINED BY THE APPROPRIATE SCREENING COMMITTEE.

Be it resolved by the House of Representatives:

That the Rules of the House of Representatives are amended by adding:

"10.9     No person shall seek directly the pledge of a member of the House of Representatives to vote for any position elected in Joint Assembly by the General Assembly, nor may a member of the House offer such pledge, until the qualifications of all candidates for that position have been determined by the appropriate screening committee."

Rep. McTEER explained the resolution.

The resolution was then adopted by a division vote of 84 to 13.

The following was introduced:

H. 3215 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 12.8 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE PROHIBITION OF A MEMBER OF THE HOUSE FROM RECEIVING A CASH HONORARIUM FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, SO AS TO PROVIDE THAT THE PROHIBITION APPLY TO A MONETARY INSTEAD OF A CASH HONORARIUM.

Be it resolved by the House of Representatives:

That Rule 12.8 of the Rules of the House of Representatives is amended to read:

"12.8     No member of the House acting in an official capacity as a member of the House shall may receive any cash monetary honorarium for speaking before public or private groups, other than for actual expenses incurred."

Rep. McTEER explained the resolution.

The resolution was then adopted by a division vote of 78 to 1.

The following was introduced:

H. 3216 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 5.17 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE NUMBER OF OBJECTIONS BY MEMBERS REQUIRED TO PREVENT THE CONSIDERATION OF AN UNCONTESTED BILL OR RESOLUTION, SO AS TO CHANGE THE NUMBER OF OBJECTIONS REQUIRED FROM THREE TO SEVEN.

Rep. McTEER explained the resolution.

Rep. WILKINS moved to waive Rule 6.1, which was agreed to.

Rep. McTEER continued speaking and moved to adjourn debate upon the resolution, which was adopted.

The following was introduced:

H. 3217 -- Rules Committee: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING RULE 10.10 SO AS TO REQUIRE THE CLERK TO DEVELOP A PLAN FOR RECYCLING.

Rep. McTEER explained the resolution.

Rep. L. MARTIN moved to refer the resolution to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

The following was introduced:

H. 3218 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 11.6 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE DUTIES OF THE ETHICS COMMITTEE, SO AS TO ADD THE RESPONSIBILITY TO PUBLISH REPORTS INCLUDING ADVISORY OPINIONS PERTAINING TO RULES 11, 12, AND 13 WHEN THE REQUESTS ARE MADE IN WRITING TO THE CHAIRMAN.

Be it resolved by the House of Representatives:

That Rule 11.6(11) of the Rules of the House of Representatives is amended to read:

"(11)     to prepare and publish those other reports as considered appropriate, including advisory opinions pertaining to Rules 11, 12, and 13 when the requests are made in writing to the Chairman;"

Rep. McTEER explained the resolution.

The resolution was adopted by a division vote of 89 to 0.

The following was introduced:

H. 3219 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 12.4 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR OFFICE OR COMMITTEE WORKING ON HIS BEHALF MUST MAINTAIN A RECORD OF ALL FUNDS AND CONTRIBUTIONS RECEIVED, SO AS TO REQUIRE THE FULL ADDRESS OF EACH INDIVIDUAL OR GROUP CONTRIBUTING TO THE CANDIDATE.

Rep. McTEER explained the resolution.

Rep. RUDNICK moved to adjourn debate upon the resolution, which was adopted.

Rep. WILKINS moved that when the House adjourns it adjourn to meet at 6:30 P.M. tomorrow, which was agreed to.

Rep. CORK moved that when the House adjourns it adjourn in memory of the Honorable John C. Lindsay, which was agreed to.

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

At 1:20 P.M. the House in accordance with the motion of Rep. CORK adjourned in memory of the Honorable John C. Lindsay, to meet at 6:30 P.M. tomorrow.

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