WEDNESDAY, JANUARY 28, 1998
Wednesday, January 28, 1998
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our good and gracious God, we thank You for Your bounty which has sustained us, for Your discipline which has corrected us, for Your love that has forgiven us. Amid the shifting shadows all around, give us a clear vision to see the shining truths of the eternal. Cause us to look beyond our selfish ambitions and hollow pride to behold Your unchangeable truths standing like mountain peaks piercing the sky. Make our conduct coincide with our creed, our practice with our profession.
We pray in praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. McMAHAND moved that when the House adjourns, it adjourn in memory of Mrs. Annie M. Anderson, mother of Senator Ralph Anderson, which was agreed to.
REPORTS OF STANDING COMMITTEES
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 380 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED “OTHER FUNDS”, REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38 ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFULL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 204 -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4469 -- Reps. Limehouse, Cato, Campsen and H. Brown: A BILL TO AMEND SECTION 54-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF PORT PILOTS SO AS TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH CERTAIN SHORT BRANCH LICENSE REQUIREMENTS AND RESTRICTIONS; AND TO AMEND SECTION 54-15-120 RELATING TO PREREQUISITES TO LICENSING IN THE PORT OF CHARLESTON, SO AS TO REVISE THE LEVELS WHICH AN APPRENTICE MUST OBTAIN BEFORE LICENSURE.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3330 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40; AND AMONG OTHER THINGS, TO SPECIFY MINIMUM GEOLOGY OR GEOPHYSIC COURSE HOURS TO SATISFY THE EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO REPLACE CERTIFICATES WITH REGISTRATION CARDS; TO PROVIDE FOR BOARD ASSIGNED SERIAL NUMBERS; AND TO AUTHORIZE A BOARD SEAL.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4295 -- Reps. Neilson, Stuart and Rhoad: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 1998.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3617 -- Reps. Mason, Felder, Knotts, Easterday, R. Smith, Bailey, Sandifer, Seithel, Stoddard, Vaughn, Haskins, McMahand, F. Smith, Jordan, McCraw, Cato, Walker, Kelley, Phillips, Littlejohn, Beck, Hawkins, Sharpe, Young-Brickell, Hamilton, Koon, Lanford, Lloyd, Cave, Barfield, Young, Miller, Kirsh, Martin, Riser and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH ‘CLONING’ TO GROW OR CREATE A HUMAN BEING OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4063 -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM ‘RESTRAINT’; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4358 -- Reps. Loftis, J. Brown, Leach, Robinson, Stille, Vaughn and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN SERVICES IN RESIDENTIAL SETTINGS AND PUBLIC SCHOOLS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4401 -- Reps. D. Smith, Harrison, Young, Baxley, McMaster, Wilkins and Delleney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM “VICTIM” FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4412 -- Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser and Barrett: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A MAGISTRATE’S COURT OR MUNICIPAL COURT OFFENSE MAY WAIVE HIS APPEARANCE BEFORE THE COURT AND POST A BOND IN AN AMOUNT PREVIOUSLY APPROVED BY THE COURT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 923 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT CONCURRENT LAW ENFORCEMENT JURISDICTION IS GRANTED TO THE UNITED STATES OF AMERICA OVER THE NATIONAL ADVOCACY CENTER FOR AS LONG AS THE UNITED STATES OF AMERICA LEASES THE CENTER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 220 -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 769 -- Senator Moore: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A SECTION OF STATE HIGHWAY 7 IN MCCORMICK COUNTY AS THE “DON R. SAGGUS, JR. MEMORIAL HIGHWAY” AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
Ordered for consideration tomorrow.
HOUSE RESOLUTION
The following was introduced:
H. 4514 -- Judiciary Committee: A HOUSE RESOLUTION TO ADOPT THE RECOMMENDATION OF THE HOUSE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 5.
Whereas, the following matter has been brought before the House of Representatives:
THE STATE OF SOUTH CAROLINA
BEFORE THE HOUSE OF REPRESENTATIVES
APPEAL FROM THE BOARD OF STATE CANVASSERS
Jeffery D. Burgess, )
)
Protestant )
)
vs. )
)
Alfred D. Robinson, Jr., )
)
Respondent )
)
and The State Election )
Commission and Pickens )
County Election )
Commission )
Whereas, in House District 5, the Board of State Canvassers issued an Order upholding the election of Alfred D. Robinson, Jr., as the member of the House of Representatives from House District 5, and Protestant Jeffery D. Burgess filed an appeal from such finding with the House of Representatives; and
Whereas, the appeal was referred to the Judiciary Committee by the Speaker of the House; and
Whereas, the Judiciary Committee has now carefully considered the appeal and by this resolution does specifically make its recommendation of the appeal as follows:
The Judiciary Committee finds that the Order of the Board of State Canvassers should be upheld, the election of Alfred D. Robinson, Jr., should be declared valid, and Alfred D. Robinson, Jr., should continue sitting as the Representative from House District 5.
Now, therefore,
Be it resolved by the House of Representatives:
That the recommendation of the House Judiciary Committee is adopted, the Order of the Board of State Canvassers is upheld, the election of Alfred D. Robinson, Jr., is declared valid, and Alfred D. Robinson, Jr., shall continue sitting as the duly elected Representative from House District 5.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 4515 -- Rep. Bowers: A CONCURRENT RESOLUTION SALUTING SAND HILL BAPTIST CHURCH OF HAMPTON COUNTY ON THE HAPPY OCCASION OF THE CHURCH’S ONE HUNDRED FIFTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 4516 -- Reps. Hamilton, Leach, Easterday, Wilkins, Tripp, Rice, Vaughn, Haskins, Loftis, Cato, F. Smith and McMahand: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND JIM H. CONLEY OF GREENVILLE AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY, CONGREGATION, AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 4517 -- Reps. Hawkins, Lanford, Littlejohn, Davenport, Allison, Walker, Lee and D. Smith: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE JOHN C. WILLIAMS OF SPARTANBURG, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
Whereas, the Honorable John C. Williams of Spartanburg died January 20, 1998, at the age of ninety-four; and
Whereas, Mr. Williams had practiced law in Spartanburg since 1931, first with the law firm of South Carolina statesman Olin D. Johnston (Johnston and Williams), and later with the firm of Williams and Williams until his recent retirement; and
Whereas, Mr. Williams served in the South Carolina House of Representatives from Spartanburg County from 1931 to 1932 and 1949 to 1950; and
Whereas, he was United States District Attorney for the Western District of South Carolina under Presidents Truman, Kennedy, and Lyndon Johnson; he was a leading member of the South Carolina Bar and was very active in the community in numerous ways; he was respected, admired, and loved by all who knew him and left a legacy of outstanding service and dedication; and
Whereas, we want his family and many friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of the Honorable John C. Williams of Spartanburg, former member of the South Carolina House of Representatives, and extend sympathy to his family and many friends.