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

Thursday, June 22, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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 God, Who has revealed Yourself as a Presence to support us and as a Light to Lead us, may this our final day here be rich in our awareness of the undeniable truth of Your Word. Divest from us all doubt and cynicism which so readily deplete our vision and deactivates our wills. And as later this day we go our separate ways, give us an unwavering loyalty to all that is right, and an uncompromising hostility to all that is wrong. Whatever occupies our energies in the days ahead, keep us steadfast in the pursuit of "whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report".

Thank You Lord, that we have had the privilege of lifting our prayers daily to You.

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.

STATEMENT BY REP. L. MARTIN

On motion of Rep. WRIGHT, the remarks of Rep. L. MARTIN were ordered printed in the Journal as follows:

A sad, very sad chapter in the annals of U.S. history, most particularly in the area of U.S. Supreme Court decisions, occurred yesterday.

The Supreme Court, in a 5-4 ruling, struck down the laws of 48 states as well as federal laws, which prohibit the burning or malicious destruction of the Flag of the United States of America.

Why am I saddened, disappointed and, yes, outraged at what the court did? Because First Amendment free speech protection has been distorted and stretched once again to protect and, yes, encourage outrageous and offensive conduct. Most specifically, the symbol of freedom that we all cherish can now be physically trampled, torn and burned in a public setting with impunity.

This national symbol of freedom has unified and strengthened our citizenry for over two hundred years in the bad times and good times; in the dark days of world wars and in the triumphant moments of victory; in the human misery during economic depression and in the successful time of prosperity.

The flag deserves not only our voluntary allegiance and patriotic prayer, it deserves a rightful protection from those who would tear out the very heart of this great country.

Without being long-winded, let me assure you and all who hear my thoughts today that I will defend anyone's right to assemble and speak out against the flag and our great democracy. This right and privilege should and must be protected at all costs.

However, to physically burn the symbol of freedom is not and must not be synonymous with free speech.

While morally wrong, it is not unlawful for someone to wish another's death. It is unlawful to carry out that wish and physically murder that person. Therefore, to burn the flag is, in my judgment, an act of violence against the immortal souls of all patriots, past and present.

Accordingly, South Carolina would do well today to speak out for our beloved flag. In doing so, we honor those who have rallied around this banner of freedom in some of the darkest hours, many of whom gave the supreme sacrifice, and left for us a great heritage and a great country in which to live and work, raise a family and, hopefully, leave this land a little better than we found it.

I have drafted a concurrent resolution that expresses our outrage at this court decision, cites our own statute that is now in jeopardy and asks our Congressional Delegation to introduce a constitutional amendment to overturn this decision.

CONCURRENT RESOLUTION

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

H. 4161 -Reps. L. Martin, Hendricks, Simpson, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE EXTREME DISPLEASURE OF THE SOUTH CAROLINA GENERAL ASSEMBLY AT THE RECENT UNITED STATES SUPREME COURT DECISION WHICH DECLARED THAT A PERSON COULD BURN THE AMERICAN FLAG AS A FORM OF POLITICAL PROTEST AND NOT VIOLATE A TEXAS STATUTE PROHIBITING THAT ACT AND REQUESTING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO INTRODUCE LEGISLATION PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION WHICH WOULD PROHIBIT A PERSON FROM DESECRATING THE FLAG.

Whereas, members of the South Carolina General Assembly were extremely displeased to learn that the United States Supreme Court has decided that our country's Constitution guarantees the right of free expression, even when a person burns an American flag as a form of political protest; and Whereas, on June 21, 1989, the court, in a sharply divided ruling, decided that a Texas statute violated a protester's rights when he was prosecuted under a state law barring desecration or destruction of the United States flag: and

Whereas, South Carolina, in Section 16-17-220 of the Code of Laws of South Carolina, 1976, also makes it an offense to desecrate or mutilate the flag; and

Whereas, with this recent ruling by the Supreme Court the enforcement of the statute is in jeopardy; and

Whereas, the United States flag is a symbol to many Americans of the efforts and lives given to defend the freedoms for which our forefathers fought. Now, therefore,

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

That the State of South Carolina expresses extreme displeasure at the recent United States Supreme Court decision which declared that a person could burn the American flag as a form of political protest and not violate a Texas statute prohibiting that act and requesting the South Carolina Congressional Delegation to introduce a constitutional amendment which would prohibit a person from desecrating the flag.

Be it further resolved that a copy of this resolution be forwarded to the Congressional Delegation of South Carolina.

Rep. L. MARTIN explained the Resolution.

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

MOTION ADOPTED

Rep. WRIGHT moved that when the House adjourns it adjourn in memory of Trooper Harry Coker, Jr., which was agreed to.

LEAVE OF ABSENCE

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

STATEMENTS BY REPS. WRIGHT AND WAITES

Reps. WRIGHT and WAITES, with unanimous consent, made a short statement.

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.             Barber
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Davenport
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Ferguson               Foster                 Glover
Gordon                 Hallman                Harris, P.
Harvin                 Harwell                Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                Koon
Lanford                Limehouse              Manly
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Stoddard               Sturkie                Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  White
Wilder                 Wilkes                 Wilkins
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on June 22, 1989.

Ken Bailey                        Grady Brown
John I. Rogers                    Dell Baker
Luther Taylor                     Michael Jaskwhich
Denny Neilson                     John G. Felder
Daniel E. Winstead                Joseph McELVEEN
Total Present-111

LEAVES OF ABSENCE

The SPEAKER granted Reps. MAPPUS, J.W. JOHNSON, J. HARRIS, GENTRY and T.M. BURRISS a leave of absence for the day.

STATEMENT BY REP. WILKES

Rep. WILKES, with unanimous consent, made a short statement.

Rep. HASKINS objected to Rep. WILKES continuing his remarks.

MOTION ADOPTED

Rep. T. ROGERS moved that Rep. WILKES remarks be printed in the Journal, which was agreed to by a division vote of 49 to 27.

"As a freshman legislator, I came down here under the impression that government was a process of dialogue and debate, reason and logic and the powers of persuasion, that we would be serious people dealing with serious problems. Granted we have had some lively debates here in the House. There are some outstanding and talented people in this Body both Republican and Democrat. However, I have also been introduced to the seamy and insidious side of politics. The politics of fear and intimidation, of threats and innuendo, bully tactics. The politics of personalities rather than issues. There have been misleading letters written into many of our districts and local newspapers just before important votes were to be taken. There have been indirect threats that water and sewer grants might be at risk if certain positions were taken contrary to those of the Governor. In any forum other than the political arena this would be called blackmail. This is sleazebag politics and inhibits the productivity of this Body and therefore cheats the taxpayers. From my personal experience, much of this has come from the Governor's office. With or without his knowledge, I cannot say. However, you each have a copy of an article on your desk that was taken from the Spartanburg Herald Journal. This article is a grand illustration of sleazebag politics, ...'and we had good contacts in the (state) agencies, that quietly provided us with information, who were sympathetic to the cause,'... These are tactics of coercion, not statesmanship and governance. These are the tactics of the Ayatollah and the Deng Xiopings of the world, tactics of the Joe McCarthy's and Richard Nixons. They are talking about hit lists and dossiers, not issues. 'It's more fun now, Thompkins said, because we have access to everything. Now we're on the inside, we are the ones pushing the buttons, controlling the information. It will make it easier for us to prepare for re-election'. Mr. Tompkins is an employee of the state of South Carolina. Is he preparing for his employer's re-election while on the taxpayer's of South Carolina payroll? Is he using state employees to gather information so that he can defeat many of us? Is he obtaining confidential information from law enforcement and tax officials? These questions have to be answered. Therefore, I am considering calling for an Attorney General's investigation to see if taxpayers's money and state employees are being used for obtaining confidential information to be used for political purposes. These are serious questions of coercion and violations of the constitutional right to privacy. Government and politics must be separated. We are making an effort to set a new standard through pending legislation, but the only way to put an end to this kind of politics is to expose it. The muck mavens and slime slingers cannot survive in the sunlight. This win at all costs attitude is unethical, immoral, and may be illegal. It shows a failure of leadership. This is not governance, this is not statesmanship, this is not even good politics. This is trash."

Rep. BLACKWELL moved that the House recede until 2:30 P.M., which was adopted.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVES OF ABSENCE

The SPEAKER granted Reps. STODDARD, HAYES, and KEYSERLING a leave of absence for the remainder of the day.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 21, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R 302-H. 3985 by a vote of: ayes 46 nays 0:
(R302) H. 3985 -- Rep. G. Brown: 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.
Very respectfully,
President

Received as information.

Message From The Senate

The following waa received.
Columbia, S.C., June 21, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the Governor's veto #42 on:

R288, H. 3600-GENERAL APPROPRIATIONS BILL

by a vote of 45 to 1.

Very respectfully,
President

Received as information.

Message From The Senate

The following was received.
Columbia, S.C., June 21, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the Governor's veto #37 on:

R288, H. 3600--GENERAL APPROPRIATIONS BILL

by a vote of 40 to 1.

Very respectfully,
President

Received as information.

Message From The Senate

The following was received.
Columbia, S.C., June 21, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the Governor's veto #41 on:

R288, H. 3600--GENERAL APPROPRIATIONS BILL

by a vote of 45 to 1.

Very respectfully,
President

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 4162 -- Reps. Sheheen, Baxley, Burch, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Sharpe, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE J. CLATOR ARRANTS OF KERSHAW COUNTY, RETIRED FAMILY COURT JUDGE, AND FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND OF THE SENATE, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 875 -- Senators Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY MCKINLEY (MACK) COKER, JR., OF FAIRFIELD COUNTY AND FORMERLY OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 876 -- Senators Holland, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF FORMER STATE SENATOR, MEMBER AND SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES, AND FAMILY COURT JUDGE J. CLATOR ARRANTS OF CAMDEN IN KERSHAW COUNTY.

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

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4163 -- Rep. Gordon: A HOUSE RESOLUTION TO REQUEST THE GOVERNOR TO INVESTIGATE WHETHER OR NOT THE WILLIAMSBURG COUNTY TREASURER HAS NEGLECTED THE DUTIES OF HIS OFFICE AND TO REQUEST THE GOVERNOR AT THE CONCLUSION OF THIS INVESTIGATION TO TAKE THE REMEDIES ALLOWED BY LAW THAT HE CONSIDERS APPROPRIATE.

Whereas, unfortunately the members of the House of Representatives are aware of several incidences where the Williamsburg County Treasurer did not perform properly the duties of his office; and

Whereas, public officials have obligations to their constituents and to neglect to perform their required duties is a breach of public trust; and

Whereas, the Governor of this State is entitled to take certain actions against those officials he thinks have neglected the duties of their office, including removal from office if necessary under Section 1-3-240 of the 1976 Code; and

Whereas, the members of the House of Representatives, by this resolution, call on the Governor to investigate whether or not the Williamsburg County Treasurer has properly discharged his duties and to take whatever action he considers appropriate and which is available to him under law if he finds this public official has neglected his office. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives request the Governor to investigate whether or not the Williamsburg County Treasurer has neglected the duties of his office and further request the Governor at the conclusion of this investigation to take the remedies allowed by law that he considers appropriate.

Be it further resolved that a copy of this resolution be forwarded to the Governor of the State of South Carolina.

The Resolution was adopted.

HOUSE RECEDES

The House receded subject to the call of the Chair.

THE HOUSE RESUMES

At 3:50 P.M. the House resumed, the SPEAKER in the chair.

LEAVE OF ABSENCE

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

LEAVES OF ABSENCE

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

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 22, 1989

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:30 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. WINSTEAD the invitation was accepted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 877 -- Senators Horace C. Smith, Lee, Russell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE PAUL M. MOORE OF SPARTANBURG COUNTY, RETIRED CIRCUIT COURT JUDGE AND FORMER MEMBER OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

LEAVE OF ABSENCE

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

S. 699 SENATE AMENDMENTS-INTERRUPTED DEBATE

The Senate Amendments to the following Bill were taken up for consideration.

S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

Rep. McLELLAN explained the Senate Amendments.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Senate Amendments.

RATIFICATION OF ACTS

At 4:30 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R305) S. 812 -- Senator Gilbert: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE BOYS CLUB OF FLORENCE, INCORPORATED.

(R306) S. 822 -- Senators Setzler, Giese, Lourie, Patterson and Courson: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAROLINA GYMNASTIC CENTER BOOSTER CLUB, OF RICHLAND COUNTY.

(R307) S. 838 -- Senator Waddell: AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OF BEAUFORT COUNTY TO CHARGE AND COLLECT STUDENT MATERIAL FEES AND TO PROVIDE FOR A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

(R308) S. 522 - Senators Lourie, Land, Fielding, Mitchell, Martschink and Rose: AN ACT TO AMEND SECTION 58-25-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT MEMBER GOVERNMENTS, REGARDLESS OF POPULATION, MUST HAVE AT LEAST ONE MEMBER ON THE GOVERNING BOARD OF AN AUTHORITY.

(R309) H. 3705 - Rep. Farr: AN ACT TO PROVIDE FOR NINE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES, PROVIDE FOR ELECTION OF MEMBERS IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, PROVIDE FOR DEFINED SINGLE-MEMBER ELECTION DISTRICTS WITH ONE TRUSTEE EACH, PROVIDE FOR THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES ON THE BOARD, PROVIDE FOR THE EXPIRATION OF THE TERMS OF CURRENT MEMBERS, AND PROVIDE THAT IF A MEMBER OF THE BOARD MOVES HIS RESIDENCE FROM THE SINGLE-MEMBER ELECTION DISTRICT FROM WHICH HE WAS ELECTED, HIS OFFICE BECOMES VACANT AUTOMATICALLY; AND TO REPEAL ACTS 615 AND 616 OF 1984, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND NONPARTISAN ELECTIONS, TERMS OF OFFICE OF THE MEMBERS SO ELECTED, THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED, AND THE MANNER IN WHICH VACANCIES MUST BE FILLED.

(R310) H. 4089 -- Rep. Gentry: AN ACT TO AUTHORIZE THE STATE, ITS AGENCIES, OR POLITICAL SUBDIVISIONS OF THE STATE TO ESTABLISH AN INTEREST RATE OR RATES AS DETERMINED BY THE GOVERNING BODY OF THE ENTITY ISSUING THE BONDS.

(R311) H. 3275 -- Reps. Hearn, McBride, T.M. Burriss, T. Rogers, Wells, Cork, Wright, Faber, Waites, J. Bailey and Quinn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS.

(R312) H. 3820 -- Reps. Short, Ferguson, Phillips, Hayes, Littlejohn, Wells, Farr, Nesbitt, McGinnis, Kirsh, Hodges, Lanford and Cole: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-704 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 4 AND TO PROVIDE A PENALTY FOR VIOLATIONS.

THE HOUSE RESUMES

At 4:40 P.M. the House resumed, the SPEAKER in the Chair.

S. 699-POINT OF ORDER

Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of the Senate Amendments, Rep. McLELLAN having the floor.

S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

Rep. McLELLAN continued speaking.

Rep. J. ROGERS spoke upon the Senate Amendments.

Rep. J. BAILEY spoke against the Senate Amendments.

Rep. J. BAILEY moved to adjourn debate upon the Senate Amendments until January 15, 1990.

Rep. H. BROWN moved to table the motion.

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

Yeas 54; Nays 31;

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Barfield
Bennett                Blackwell              Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss, M.D.          Carnell
Clyborne               Cole                   Cooper
Corbett                Corning                Fair
Farr                   Felder                 Hallman
Harvin                 Harwell                Haskins
Hearn                  Klapman                Koon
Martin, L.             Mattos                 McBride
McCain                 McLellan               Moss
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rudnick                Sharpe                 Smith
Snow                   Vaughn                 Waldrop
Wells                  Wilder                 Wilkins
Winstead               Wofford                Wright

Total--54

Those who voted in the negative are:

Bailey, J.             Barber                 Blanding
Boan                   Brown, R.              Chamblee
Davenport              Faber                  Ferguson
Glover                 Hodges                 Huff
Jaskwhich              Johnson, J.C.          Kay
Keesley                Keyserling             Kirsh
Lanford                Martin, D.             McAbee
McElveen               McLeod                 Neilson
Rogers, T.             Sheheen                Short
Taylor                 Waites                 Washington
Wilkes

Total--31

So, the motion to table was agreed to.

POINT OF ORDER

Rep. J. BAILEY raised the Point of Order that the Bill was out of order as it was not in compliance with Rule 5.14.

The SPEAKER sustained the Point of Order.

RULE 5.14 NOT WAIVED

Rep. McLELLAN moved to waive Rule 5.14.

The yeas and nays were taken resulting as follows:

Yeas 50; Nays 32;

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C         Altman
Bailey, G.             Barfield               Bennett
Blackwell              Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Clyborne               Cole
Cooper                 Corning                Fair
Fant                   Farr                   Felder
Hallman                Harvin                 Harwell
Haskins                Hearn                  Kay
Klapman                Koon                   Martin, L.
Mattos                 McBride                McCain
McLellan               Moss                   Nesbitt
Nettles                Quinn                  Rama
Rhoad                  Rudnick                Snow
Vaughn                 Waldrop                Wells
Wilder                 Wilkins                Winstead
Wofford                Wright

Total - 50

Those who voted in the negative are:

Bailey, J.             Bailey, K.             Barber
Blanding               Boan                   Brown, R.
Burriss, M.D.          Chamblee               Corbett
Davenport              Elliott                Faber
Ferguson               Glover                 Hodges
Huff                   Jaskwhich              Johnson, J.C.
Keesley                Keyserling             Kirsh
Lanford                Martin, D.             McAbee
McElveen               McLeod                 Rogers, T.
Sheheen                Short                  Smith
Waites                 Washington

Total--32

So, having failed to receive the necessary two-thirds vote, Rule 5.14 was not waived.

COMMITTEE TO NOTIFY GOVERNOR

The SPEAKER appointed Reps. HASKINS, SHORT and WASHINGTON as a committee to notify the Governor that the House had completed its work, and pursuant to S. 826, the Sine Die Adjournment Resolution, the House was ready to adjourn Sine Die.

COMMITTEE TO NOTIFY SENATE

The SPEAKER appointed Reps. J. ROGERS, WILKINS and McLELLAN as a committee to notify the Senate that the House had completed its work, and pursuant to S. 826, the Sine Die Adjournment Resolution, the House was ready to adjourn Sine Die.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4161 -- Reps. L. Martin, Hendricks, Simpson, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE EXTREME DISPLEASURE OF THE SOUTH CAROLINA GENERAL ASSEMBLY AT THE RECENT UNITED STATES SUPREME COURT DECISION WHICH DECLARED THAT A PERSON COULD BURN THE AMERICAN FLAG AS A FORM OF POLITICAL PROTEST AND NOT VIOLATE A TEXAS STATUTE PROHIBITING THAT ACT AND REQUESTING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO INTRODUCE LEGISLATION PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION WHICH WOULD PROHIBIT A PERSON FROM DESECRATING THE FLAG.

POINT OF ORDER

Rep. BOAN raised the Point of Order that 5:00 P.M. having arrived, the House had reached adjournment time in accordance with the Sine Die Resolution.

The SPEAKER sustained the Point of Order.

SINE DIE ADJOURNMENT PRAYER
BY THE CHAPLAIN

O God Whose presence is always available, we have lifted our prayers to You in simple trust every day of this Legislative Session now ending. But before this Chamber becomes silent and these desks empty, we would thank You for friendships made, for service which will endure, for work which will be remembered, for moments of joy and of sadness, for glowing hours of success and lessons learned from failure. But most of all we are grateful for Your perpetual presence guiding, guarding and judging us.

Wherever we go and whatever we do, continue to be with us - to bless us and to use us. Amen.

ADJOURNMENT

At 5:00 P.M. the House in accordance with the motion of Rep. WRIGHT adjourned Sine Die in memory of Trooper Harry Coker, Jr.


This web page was last updated on Tuesday, June 30, 2009 at 1:23 P.M.