South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

Wednesday, June 21, 1989
(Statewide Session)

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:

Throughout this Legislative Session soon to end, we have heard, O Lord, the echoes of the past, challenged by the needs of Your people, but most of all we have been inspired by the crescendo of Your truths which have urged us on. We have been courageous at times; at others we have wondered if what we do makes any difference. But yet we have tried. So use our actions as a sign of hope for all, a means to break the shackles which enslave minds, to bring change in the lives of those who live in the twilight.

And as the clock ticks away this day and every day, continue to bless and use us in Your sheltering care, undergirded by Your ever-present power. 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.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

S. 829-RECALLED FROM THE COMMITTEE ON
INVITATIONS AND MEMORIAL RESOLUTIONS

On motion of Rep. BAXLEY, with unanimous consent, the following Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.

S. 829--Senator Holland: A CONCURRENT RESOLUTION DIRECTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE TRAFFIC-CONTROL LIGHTS AT CERTAIN DESIGNATED HIGHWAYS AND INTERSECTIONS IN KERSHAW COUNTY.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 865 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WALTER G. METCALFE OF WEST COLUMBIA IN LEXINGTON COUNTY.

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

H. 4158-RECALLED FROM THE COMMITTEE ON
INVITATIONS AND MEMORIAL RESOLUTIONS

On motion of Rep. WINSTEAD, with unanimous consent, the following Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.

H. 4158 -- Reps. Gregory and McTeer: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN COLLETON COUNTY ROAD S-15-127 AND THAT PORTION OF ROAD S-15-34, COMMENCING AT ITS INTERSECTION WITH ROAD S-15-127 TO ITS WESTERN TERMINUS AT ROAD S-15-24, AS MCLEOD ROAD IN HONOR OF FORMER HIGHWAY COMMISSION VICE-CHAIRMAN WALTON J. MCLEOD, JR.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4158 -- Reps. Gregory and McTeer: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN COLLETON COUNTY ROAD S-15-127 AND THAT PORTION OF ROAD S-15-34, COMMENCING AT ITS INTERSECTION WITH ROAD S-15-127 TO ITS WESTERN TERMINUS AT ROAD S-15-24, AS MCLEOD ROAD IN HONOR OF FORMER HIGHWAY COMMISSION VICE-CHAIRMAN WALTON J. MCLEOD, JR.

Whereas, Road S-15-127 in Colleton County in conjunction with a portion of Road S-15-34 serves as a connector thoroughfare between U. S. Highway 15, Interstate Highway 95, and Road S-15-24 (the Mount Carmel Road); and

Whereas, Walton J. McLeod, Jr., prominent Walterboro attorney, served with distinction as vice chairman of the South Carolina Highway Commission from 1949-50, while serving as a member of the Commission for the Fourteenth Circuit for the years 1946-50; and

Whereas, the South Carolina Highway Commission, now known as the South Carolina Highways and Public Transportation Commission, undertook a massive post-World War II road building program in which Walton J. McLeod, Jr., as a commissioner and vice chairman was one of the leaders who instituted and implemented the expansion of the secondary road system to provide hard surfaced roads in rural areas; and

Whereas, these state roads became known as Farm-to-Market Roads, the addition of which roads more than doubled the state highway system from 5900 miles to 12,371 miles during the years 1946-50; and

Whereas, during his tenure as a State Highway Commissioner and Vice Chairman, Walton J. McLeod, Jr., was instrumental in securing the completion of the road that later was designated as U.S. Highway 17A, from coastal Georgetown via Walterboro to Pocataligo in the Carolina Low country, thus providing a shorter, and more inland, alternate federal highway to coastal U.S. Highway 17, as well as benefiting McLeod's own home, Colleton County; and

Whereas, Walton J. McLeod, Jr., also secured many other highway improvements for Walterboro, Colleton County, and the Low country, such as the provision of a four-lane highway for north and south access and egress to Walterboro, which greatly aided the city's commercial activity; and

Whereas, Walton J. McLeod, Jr., as a prominent lawyer and political leader has been steadfast in his continuing effort to assure a highly effective highway transportation system to serve the needs of the citizens of South Carolina, the Low county, Colleton County, and Walterboro. Now, therefore,

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

That the members of the General Assembly request the South Carolina Highways and Public Transportation Commission to designate and name in Colleton County, Road S-15-127 and that portion of Road S-15-34, commencing at its intersection with Road S-15-127 to its western terminus at Road S-15-24, as McLeod Road in honor of former Highway Commissioner Vice-Chairman Walton J. McLeod, Jr.

Be it further resolved that a copy of this resolution be forwarded to South Carolina Highways and Public Transportation Commission.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 829 - Senator Holland: A CONCURRENT RESOLUTION DIRECTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE TRAFFIC-CONTROL LIGHTS AT CERTAIN DESIGNATED HIGHWAYS AND INTERSECTIONS IN KERSHAW COUNTY.

Whereas, because of the degree of traffic and location, there is an imperative need for traffic-control lights at certain highways and intersections in Kershaw County; and

Whereas, these highways and intersections include the intersection of South Carolina Highway 341 and U.S. Highway 1 in Bethune; junction of U.S. Highway 1 and South Carolina Highway 28-130 between Lugoff and Camden; and junction of U.S. Highway 1 and South Carolina Highway 28-101 in Elgin; and

Whereas, in the interest of the public's safety, the members of the General Assembly are requesting that the Department of Highways and Public Transportation place traffic-control lights at the above-mentioned locations. Now, therefore,

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

That the members of the General Assembly, by this resolution, direct the Department of Highways and Public Transportation to place traffic-control lights at the following designated places in Kershaw County: at the intersection of South Carolina Highway 341 and U.S. Highway 1 in Bethune; at the junction of U.S. Highway 1 and South Carolina Highway 28-130 between Lugoff and Camden; and at the junction of U.S. Highway 1 and South Carolina Highway 28-101 in Elgin.

Be it further resolved that a copy of this resolution be forwarded to Commissioner of the South Carolina Department of Highways and Public Transportation.

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

CONCURRENT RESOLUTION

The following Concurrent Resolution was inadvertently omitted from the Journal of Friday, June 16, 1989. It was adopted and returned to the Senate with concurrence on June 16, 1989.

S. 839 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. CHARLES HAROLD TRAPP OF COLUMBIA WHO DIED RECENTLY.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Boan                   Brown, G.
Brown, H.              Brown, R.              Bruce
Burch                  Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Davenport              Derrick
Elliott                Fair                   Fant
Farr                   Ferguson               Foster
Glover                 Gordon                 Hallman
Harris, P.             Harwell                Haskins
Hearn                  Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Klapman                Kohn                   Lanford
Limehouse              Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McCain
McGinnis               McKay                  McLellan
McLeod                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Sharpe                 Sheheen
Simpson                Smith                  Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  White
Wilder                 Wilkes                 Wilkins
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

Roland Corning         Robert Hayes, Jr.
Larry Blanding         Gene Stoddard
Malloy McEachin         Irene Rudnick
James Faber         M. Washington
Jack Gregory         Frank McBride
Jean Harris         John B. Williams
C. Lenoir Sturkie         John Felder
Joseph McElveen         Doug McTeer
John J. Snow         Rick Quinn
Michael Jaskwhich         Paul Short
Luther Taylor         Larry Koon
Mickey Burriss         Alex Harvin, III
Joe Brown

Total Present-118

LEAVE OF ABSENCE

The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. GENTRY signed a statement with the Clerk that he came in after the roll call and was present for the Session on Wednesday, June 21, 1989.

SENT TO THE SENATE

The following Bill waa taken up, read the third time, and ordered sent to the Senate.

H. 4157 -- Rep. McElveen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WHITAKER'S INC. OF SUMTER IN SUMTER COUNTY.

R. 304, H. 3712-GOVERNOR'S VETO SUSTAINED

The following was received.

State Of South Carolina
Office Of The Governor

June 20, 1989
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3712, R-304, an Act:
TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR THE STATEWIDE OPEN SEASON FROM SEPTEMBER FIFTEENTH TO JANUARY FIRST IN GAME ZONES 1, 2, AND 4 AND FROM SEPTEMBER FIRST THROUGH JANUARY FIRST IN ALL OTHER GAME ZONES EXCEPT ZONES 9 AND 10 WHICH ARE UNCHANGED.
The impact this legislation will have on the many small businesses that handle supplies for deer hunters will be devastating since the legislation will delay deer season in some game zone areas. These merchants have already purchased supplies for this season and to delay the beginning of deer season will place them in severe cash flow problems which may jeopardize their businesses. It would be more appropriate to make legislation of this kind effective for the season one year hence.

The public outcry has also been extensive. The response in opposition to this legislation has been so great that at the request of several sponsors of this legislation and for the other economic impact mentioned above, I am compelled to veto H. 3712, R-304.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

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

Yeas 13; Nays 61;

Those who voted in the affirmative are:

Barfield               Carnell                Chamblee
Elliott                Hodges                 Kay
Keesley                McAbee                 Nesbitt
Sheheen                Townsend               Tucker
Waldrop

Total--13

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, K.             Baker                  Barber
Baxley                 Blackwell              Brown, G.
Brown, H.              Brown, R.              Bruce
Clyborne               Cooper                 Corbett
Corning                Davenport              Fair
Fant                   Farr                   Ferguson
Foster                 Gordon                 Hallman
Harwell                Hayes                  Hearn
Huff                   Keegan                 Keyserling
Kirsh                  Klapman                Kohn
Lanford                Limehouse              Littlejohn
Mappus                 Martin, D.             Martin, L.
Mattos                 McGinnis               McKay
McLellan               McLeod                 Moss
Neilson                Rama                   Rhoad
Rogers, T.             Sharpe                 Smith
Vaughn                 Waites                 Wells
White                  Wilder                 Wilkes
Wilkins                Winstead               Wofford
Wright

Total - 61

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

Paired

Rep. Bennett         (Present)     Yes

Rep. McTeer         (Absent)     No

RECORD FOR VOTING

I was in Conference Committee at the time of the veto consideration of H. 3712. I would vote to sustain the Governor's veto.
Rep. WILL McCAIN

RECORD FOR VOTING

I was delayed in arriving in the State House because of assisting several constituents on matters of concern to them. Had I been present when the veto on the deer hunting bill came for a vote, I would have voted to sustain the veto.
Rep. JOHN G. FELDER

R. 302, H. 3985--GOVERNOR'S VETO OVERRIDDEN

The following was received.

State Of South Carolina
Office Of The Governor

June 19, 1989
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3985, R-302, an Act:
TO AMEND ACT 149 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA.
This veto is based upon an opinion of the Attorney General's Office dated June 19, 1989 which states in concluding:
". . .[I]t must be noted that Article III, Section 34 of the State Constitution prohibits the enactment of special or local laws. Section 34(IX) particularly provides, 'where a general law can be made applicable, no special law shall be enacted.' A general law, Section 6-11-410 et seq. of the Code of Laws of South Carolina (1976), already provides a mechanism whereby the boundaries of a district such as the Dalzell Water District may be enlarged. As we advise by an opinion dated May 9, 1988 with respect to the identical issue, H. 3895, R-302 would similarly be constitutionally suspect on this basis."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

State Of South Carolina
Office Of The Attorney General

June 19, 1989
Mark R. Elam
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of June 14, 1989, you have asked for the opinion of this Office as to the constitutionality of H. 3985, R-302, an act enlarging the service area of the Dalzell Water District of Sumter County. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937): Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

The act bearing ratification number 302 amends Act No. 149 of 1965, as amended by Act No. 794 of 1988, to enlarge the service area of the Dalzell Water District, located wholly within Sumter County. Thus, H. 3985, R-302 of 1989 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 3895, R-302 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

In addition, it must be noted that Article III, Section 34 of the State Constitution prohibits the enactment of special or local laws. Section 34(IX) particularly provides, "where a general laws can be made applicable, no special law shall be enacted." A general law, Section 6-11-410 et seq. of the Code of Laws of South Carolina (1976), already provides a mechanism whereby the boundaries of a district such as the Dalzell Water District may be enlarged. As we advised by an opinion dated May 9, 1988 with respect to the identical issue, H. 3895, R-302 would similarly be constitutionally suspect on this basis.

Based on the foregoing, we would advise that H. 3895, R-302 would be of doubtful constitutionality.
Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistance Attorney General

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

Yeas 4; Nays 0;

Those who voted in the affirmative are:

Baxley                 Blanding               Brown, G.
McLeod

Total--4

Those who voted in the negative are:

Total--0

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

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4089 -- Rep. Gentry: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO REVISE THE BOUNDARIES OF THE HOLLYWOOD AND PLEASANT GROVE PRECINCTS.

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.

HOUSE STANDS AT EASE

On motion of Rep. McABEE the House stood at ease subject to the call of the Chair.

THE HOUSE RESUMES
At 11:30 A.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

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

SILENT PRAYER

The House stood in silent prayer in memory of Mr. John A. Hotujac, Rep. WELLS' father, which was agreed to.

MOTION ADOPTED

Rep. HEARN moved that when the House adjourns it adjourn in memory of Mr. John A. Hotujac, Rep. WELLS' father, which was agreed to.

RULE 3.9 INVOKED

Rep. GENTRY moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

H. 3739-FREE CONFERENCE POWERS GRANTED

Rep. GENTRY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.

Reps. BAXLEY and H. BROWN spoke against granting Free Conference Powers.

SPEAKER PRO TEMPORE IN CHAIR

Reps SHEHEEN and HENDRICKS spoke in favor of granting Free Conference Powers.

The yeas and nays were taken resulting as follows:

Yeas 84; Nays 31

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baker
Barber                 Barfield               Beasley
Bennett                Blanding               Boan
Brown, G.              Brown, J.              Brown, R.
Burch                  Carnell                Chamblee
Clyborne               Cooper                 Corbett
Derrick                Elliott                Faber
Fair                   Farr                   Felder
Foster                 Gentry                 Glover
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Hayes                  Hendricks              Hodges
Holt                   Jaskwhich              Johnson, J.W.
Keegan                 Keesley                Keyserling
Klapman                Kohn                   Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McLellan               McLeod                 McTeer
Nesbitt                Nettles                Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Sharpe                 Sheheen
Short                  Smith                  Snow
Stoddard               Townsend               Tucker
Waites                 Waldrop                Washington
White                  Wilder                 Wilkins
Williams, J.           Winstead               Wright

Total--84

Those who voted in the negative are:

Bailey, G.             Baxley                 Blackwell
Brown, H.              Bruce                  Burriss, M.D.
Cole                   Corning                Davenport
Fant                   Ferguson               Hearn
Johnson, J.C.          Kay                    Kirsh
Koon                   Lanford                Limehouse
Littlejohn             McGinnis               McKay
Moss                   Neilson                Phillips
Rudnick                Simpson                Taylor
Vaughn                 Wells                  Wilkes
Wofford

Total--31

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, GENTRY and McCAIN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

MOTION TABLED

Rep. GENTRY moved to recall H. 3600 from the Senate.

Rep. KOHN moved to table the motion, which was agreed to by a division vote of 41 to 39.

RULE 3.9 RESCINDED

Rep. FELDER moved to rescind Rule 3.9, which was agreed to.

SILENT PRAYER

The House stood in silent prayer in memory of the Honorable J. Clator Arrants.

MOTION ADOPTED

Rep. BLACKWELL moved that when the House adjourns it adjourn in memory of the Honorable Clator Arrants, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4159 -- Reps. Keesley, G. Bailey, Hayes and Harwell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ROBBIE DAWKINS OF FLORENCE UPON HIS ELECTION TO SERVE AS PRESIDENT OF THE UNITED STATES JAYCEES AND EXTENDING BEST WISHES AND THANKS TO HIS WIFE AND HIS DAUGHTER AS THEY SERVE AS GOODWILL AMBASSADORS FOR SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 815 -- Senator Drummond: A CONCURRENT RESOLUTION CREATING A COMMITTEE FOR THE PURPOSE OF SELECTING AN APPROPRIATE SITE AND ERECTING A SUITABLE STATUE OR MONUMENT ON THE STATE HOUSE GROUNDS IN MEMORY OF THE SOUTH CAROLINIANS WHO DIED AT THE ALAMO.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Rep. WINSTEAD moved that the House recede until 2:00 P.M., which was adopted.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

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

HOUSE STANDS AT EASE

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

THE HOUSE RESUMES

At 3:45 P.M. the House resumed, the SPEAKER in the chair.

LEAVES OF ABSENCE

The SPEAKER granted Reps. DERRICK and LIMEHOUSE a leave of absence for the remainder of the day.

CONCURRENT RESOLUTION

The following was introduced:

H. 4160 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF WILLIAM LAWRENCE BRAGG, III, OF WHITMIRE, A NEWBERRY COUNTY SHERIFF'S DEPUTY, WHO DIED JUNE 6, 1989.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 872 -- Senator McGill: A CONCURRENT RESOLUTION TO DIRECT THE WILLIAMSBURG COUNTY TREASURER, AUDITOR, AND TAX COLLECTOR TO TIMELY SUBMIT THE INFORMATION REGARDING THE COUNTY'S RECEIPTS AND DISBURSEMENTS FOR EACH FISCAL YEAR TO THE COMPTROLLER GENERAL OF SOUTH CAROLINA SO THAT THE COMPTROLLER GENERAL MAY INCLUDE THIS INFORMATION IN HIS ANNUAL REPORT FOR THAT YEAR AND TO DIRECT THEM WITHIN THIRTY DAYS TO COMPLETE THE FORWARDING OF THE INFORMATION REQUIRED FOR THE PERIOD JULY 1, 1987, TO JUNE 30, 1988.

Whereas, it has come to the attention of the members of the General Assembly that Williamsburg County was the only county of the State which did not timely submit a statement of receipts and disbursements of the county for the period July 1, 1987, to June 30, 1988, to the Comptroller General of this State for the purpose of inclusion in the Comptroller General's 1988 Annual Report; and

Whereas, this information is vitally important to Williamsburg County for many purposes, including the county's credit rating and for determining the county's share of the allocations of certain federal and state revenues; and

Whereas, the appropriate officials of Williamsburg County responsible for submitting this information are public officials and as such have obligations to the people and taxpayers of the county and to neglect to perform their required duties in regard to the above matter is a breach of their obligations as public officials; and

Whereas, the Williamsburg County Treasurer, Auditor, and Tax Collector have specific responsibility to submit this information and the county council has supervisory responsibility to see that this information is submitted; and

Whereas, some information for the above period is still needed by the Comptroller General and must be submitted within thirty days, and information for future years must be submitted hereafter in a timely fashion so that this gross oversight will never happen again; and

Whereas, the members of the General Assembly, by this resolution, in the strongest possible terms call on these officials to correct this unfortunate neglect of the public trust given them by the citizens of Williamsburg County. Now, therefore,

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

That the members of the General Assembly direct the Williamsburg County Treasurer, Auditor, and Tax Collector to timely submit the information regarding the county's receipts and disbursements for each fiscal year to the Comptroller General of South Carolina so that the Comptroller General may include this information in his Annual Report for that year, and direct them within thirty days to complete the forwarding of the information required for the period July 1, 1987, to June 30, 1988.

Be it further resolved that a copy of this resolution be forwarded to the Williamsburg County Treasurer, Auditor, Tax Collector, and to the Williamsburg County Council.

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

MOTION ADOPTED

Rep. J. ROGERS moved that if the House is in recess and a message is received to Ratify Acts, that the SPEAKER be allowed to ratify acts, which was agreed to.

Rep. BAXLEY moved that the House adjourn Sine Die.

Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:

Yeas 23; Nays 66;

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Baker
Baxley                 Blackwell              Burriss, M.D.
Cooper                 Davenport              Ferguson
Hallman                Jaskwhich              Kirsh
Kohn                   Koon                   Littlejohn
Mattos                 McKay                  McLeod
Sharpe                 Taylor                 Townsend
Vaughn                 Winstead

Total--23

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Bailey, J.
Barber                 Barfield               Bennett
Boan                   Brown, G.              Brown, H.
Brown, R.              Bruce                  Burch
Chamblee               Clyborne               Cole
Corbett                Corning                Fair
Farr                   Gordon                 Harris, J.
Harvin                 Harwell                Hearn
Hendricks              Hodges                 Huff
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Klapman
Lanford                Manly                  Mappus
Martin, D.             Martin, L.             McCain
McEachin               McElveen               McGinnis
McLellan               McTeer                 Moss
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Simpson
Smith                  Tucker                 Waites
Waldrop                Wilder                 Wilkes
Wilkins                Wofford                Wright

Total--66

So, the House refused to adjourn Sine Die.

MOTION REJECTED

Rep. WINSTEAD moved that when the House adjourns it adjourn to meet at 2:00 P.M. tomorrow, which was not agreed to by a division vote of 25 to 64.

Rep. BAKER moved that the House recede until 6:00 P.M., which was rejected by a division vote of 37 to 49.

Rep. McLEOD moved that the House recede until 4:30 P.M. tomorrow, which was rejected.

Rep. R. BROWN moved that the House do now adjourn.

POINT OF ORDER

Rep. BOAN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.

Rep. MAPPUS moved that the House recede until 5:00 P.M., which was adopted.

THE HOUSE RESUMES

At 5:00 P.M. the House resumed. the SPEAKER in the chair.

LEAVE OF ABSENCE

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

Rep. M.O. ALEXANDER moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was not agreed to.

HOUSE TO MEET AT 12:00 NOON TOMORROW

Rep. HUFF moved that when the House adjourns it adjourn to meet at 12:00 Noon tomorrow, which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4158 -- Reps. Gregory and McTeer: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN COLLETON COUNTY ROAD S-15-127 AND THAT PORTION OF ROAD S-15-34, COMMENCING AT ITS INTERSECTION WITH ROAD S-15-127 TO ITS WESTERN TERMINUS AT ROAD S-15-24, AS MCLEOD ROAD IN HONOR OF FORMER HIGHWAY COMMISSION VICE-CHAIRMAN WALTON J. MCLEOD, JR.

H. 4159 -- Reps. Keesley, G. Bailey, Hayes and Harwell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ROBBIE DAWKINS OF FLORENCE UPON HIS ELECTION TO SERVE AS PRESIDENT OF THE UNITED STATES JAYCEES AND EXTENDING BEST WISHES AND THANKS TO HIS WIFE AND HIS DAUGHTER AS THEY SERVE AS GOODWILL AMBASSADORS FOR SOUTH CAROLINA.

H. 4160 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF WILLIAM LAWRENCE BRAGG, III, OF WHITMIRE, A NEWBERRY COUNTY SHERIFF'S DEPUTY, WHO DIED JUNE 6, 1989. WEDNESDAY, JUNE 21, 1989

ADJOURNMENT

At 5:05 P.M. the House in accordance with the motion of Rep. HUFF adjourned in memory of John A. Hotujac, Rep. WELLS' father, and in memory of the Honorable J. Clator Arrants to meet at 12:00 Noon tomorrow.


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