Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:45 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, our unfailing Friend, our ever-present Help, and our everlasting Hope, may we constantly and continually avail ourselves of Your divine wisdom which does not err and of Your strength that does not falter. Forbid that we should be cowardly when we should be courageous, confused when we should be calm, fickled when we should be faithful. Make us strong in the Lord and in the power of His might. Enrich our joy in the realization of doing Your will in faithful service to God and to mankind.
Grant us Your peace, Lord, both now and always. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Bob Marett of Rock Hill, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 1736
Promulgated By Department of Archives and History
General Records Retention Schedule for School Districts
Received By Speaker February 2, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 2, 1994
Document No. 1737
Promulgated By Department of Archives and History
General Retention Schedule for State Colleges and Universities
Received By Speaker February 2, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 2, 1994
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Girl Scout Councils of South Carolina for a mid-day reception, February 8, 1994, immediately upon adjournment in the main lobby of the State House.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the South Carolina Student Legislature for a reception, February 22, 1994, 12:30 P.M. - 2:30 P.M. in the lower lobby of the State House.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of This, That, 'N' The Other II Cafe for a luncheon, February 23, 1994, 1:00 P.M., at 1519 Harden Street, Columbia, S.C.
The invitation was accepted.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3505 -- Rep. Cromer: A BILL TO AMEND SECTIONS 16-9-10, 16-9-20, AND 16-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERJURY, SUBORNATION OF PERJURY, SUBORNATION OF PERJURY IN CIVIL ACTIONS, PENALTIES, AND THE ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY OR SUBORNATION OF PERJURY, SO AS TO INCREASE THESE PENALTIES.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3672 -- Reps. Shissias, R. Smith, Stone, Corning, Harrison, Simrill, Riser, Wright, Koon, Hallman, Walker, Byrd, Meacham, Wells, Phillips, Littlejohn, Davenport and Cato: A BILL TO AMEND SECTION 20-7-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF AN OBLIGEE UNDER AN OUT-OF-STATE CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3673 -- Reps. Shissias, Hallman, Gonzales, Stone, Corning, Harrison, Simrill, Riser, Koon, Wells, Walker, Byrd, Meacham, Phillips, Littlejohn, Allison and Cato: A BILL TO AMEND SECTION 20-7-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNSEL FOR AN OBLIGEE IN A CIVIL ENFORCEMENT ACTION OF A SOUTH CAROLINA CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3674 -- Reps. Shissias, R. Smith, Hallman, Gonzales, R. Young, Simrill, Corning, Harrison, Thomas, Gamble, Riser, Wright, Koon, Neilson, Wells, Cobb-Hunter, Harrell, Stuart, Neal, Hines, J. Wilder, Waldrop, Harrelson, Walker, Allison, McElveen, Meacham, Stone, Littlejohn, Davenport, Cato and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3675 -- Reps. Shissias, R. Smith, R. Young, Neilson, Gonzales, Littlejohn, Simrill, Harwell, Corning, Harrison, Mattos, Gamble, Elliott, Riser, Hallman, Cobb-Hunter, Wright, Koon, Wells, J. Wilder, Houck, Harrell, Harrelson, Hines, Neal, Meacham, Byrd, Walker, Allison, Waldrop, Stone, J. Brown, Stuart, Rudnick, McElveen, Davenport and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3792 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3805 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES CONCERNING THE STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A CLERK OF COURT SHALL RECOGNIZE AN ASSIGNMENT OF THE RIGHTS TO CHILD SUPPORT UPON NOTICE OF THE ASSIGNMENT AND WITHOUT THE REQUIREMENT OF AN ORDER.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3973 -- Reps. Stuart, Gamble and Phillips: A BILL TO AMEND SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF CRIMINAL PROCESS ON SUNDAY, SO AS TO PROVIDE THAT CRIMINAL PROCESS MAY BE SERVED ON SUNDAY FOR ALL CRIMES, FELONIES AND MISDEMEANORS ALIKE.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.
Ordered for consideration tomorrow.
The following was introduced:
H. 4658 -- Reps. Rogers, Waites, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION CONGRATULATING LOU A. FONTANA OF RICHLAND COUNTY ON BEING NAMED DIRECTOR OF PUBLIC INFORMATION OF THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY AND WISHING HIM THE BEST IN HIS NEW POSITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS.
Referred to Committee on Ways and Means.
H. 4660 -- Reps. Neilson, G. Bailey, Boan, G. Brown, H. Brown, Cooper, Corning, Elliott, Govan, P. Harris, Harvin, Hines, Holt, Huff, Jennings, Kennedy, Koon, McLeod, Quinn, Scott, Sharpe, Shissias, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Wells, Whipper, White, J. Wilder, Wilkes, Wofford, Wright, Neal, Harrelson, Harrison, Sturkie, Keyserling, McAbee, Gonzales, Witherspoon, Canty, Carnell and T.C. Alexander: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER LICENSE PLATES, SO AS TO ALLOW THE USE OF DEALER LICENSE PLATES FOR THE DEALER TO TEST DRIVE, TO REDUCE THE NUMBER OF SALES REQUIRED BEFORE THE ISSUANCE OF THE LICENSE PLATES, TO INCREASE THE NUMBER OF LICENSE PLATES ISSUED, TO INCREASE THE COST OF THE FIRST LICENSE PLATE ISSUED, AND TO DELETE THE REQUIREMENT THAT A DEALER BE FRANCHISED TO SELL HEAVY DUTY TRUCKS; AND TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO TRANSPORTER LICENSE PLATES, SO AS TO EXPAND THE USE OF THE TRANSPORTER LICENSE PLATE.
Referred to Committee on Ways and Means.
H. 4661 -- Reps. J. Harris and Phillips: A BILL TO AMEND SECTION 56-1-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF DRIVER'S LICENSE, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO PLACE ON THE LICENSE "DON'T DRINK & DRIVE, DON'T LITTER SC".
Referred to Committee on Education and Public Works.
H. 4662 -- Rep. Hodges: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
Referred to Committee on Judiciary.
H. 4663 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4664 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO ELEVEN; TO AMEND SECTION 40-15-80, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CRITERIA FOR STUDENTS WHO MAY RECEIVE CERTAIN SERVICES FROM HYGIENISTS; TO AMEND SECTION 40-15-130, RELATING TO ADVERTISING, SO AS TO SPECIFY WHAT RESTRICTIONS THE BOARD MAY PLACE ON ADVERTISING; TO AMEND SECTION 40-15-140, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION, SO AS TO REQUIRE AN APPLICANT TO PROVIDE NO MORE THAN THREE REFERENCES; AND TO REQUIRE AN APPLICANT FOR REGISTRATION AS A DENTAL TECHNICIAN TO PASS A NATIONAL EXAMINATION; TO AMEND SECTION 40-15-180, RELATING TO COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MUST BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-15-190, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO REQUIRE ELECTIONS TO NOMINATE NEW BOARD MEMBERS BEFORE JANUARY 1, 1995; AND TO REAUTHORIZE THE STATE BOARD OF DENTISTRY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4665 -- Reps. Worley, Sharpe, Kelley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 17-1-50 SO AS TO PROVIDE FOR PAYMENT OF FINES OR ASSESSMENTS IMPOSED BY MUNICIPAL, MAGISTRATE, OR CIRCUIT COURTS BY CREDIT CARD, AND 17-15-195 SO AS TO PROVIDE FOR PAYMENT OF BONDS IMPOSED BY MUNICIPAL, MAGISTRATES, OR CIRCUIT COURTS BY CREDIT CARD.
Referred to Committee on Judiciary.
H. 4666 -- Reps. Worley and Kelley: A BILL TO AMEND SECTION 56-5-4110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOADS AND COVERS ON VEHICLES, SO AS TO PROVIDE THAT LOGS OR PULPWOOD IN A TRUCK OR TRUCK TRAILER BEING TRANSPORTED ON THE HIGHWAYS OF THIS STATE MAY NOT PROTRUDE OUT OF THE REAR OF THE TRUCK OR TRAILER BY MORE THAN A TOTAL OF THREE FEET, AND TO ADD A PENALTY PROVISION FOR VIOLATION OF THIS SECTION.
Referred to Committee on Education and Public Works.
H. 4667 -- Reps. Hutson, Allison, G. Bailey, J. Bailey, Baker, Barber, Breeland, Cato, Chamblee, Corning, Cromer, Davenport, Fulmer, Graham, Gonzales, Haskins, Harrell, Hines, Holt, Huff, Inabinett, Jaskwhich, Klauber, Law, McMahand, Meacham, Moody-Lawrence, Phillips, Richardson, Shissias, Simrill, Stoddard, Stone, Vaughn, Waldrop, Wells, Whipper, J. Wilder, Williams, Wofford, Worley, A. Young, Keegan, Trotter, Snow, Beatty, J. Brown, Byrd, Scott, Baxley, Rhoad, Littlejohn, Riser, Quinn, Waites, Harrelson, Sharpe, Harwell, Tucker, Carnell, Harvin, Kinon, Keyserling, Marchbanks, Neal, Spearman, Stille, Clyborne, Canty, M.O. Alexander, Witherspoon, Wright, Fair, Neilson, D. Wilder, Harrison, Delleney, P. Harris, Stuart, R. Young, Gamble, Cooper, Kennedy, Walker, Lanford, Rudnick, Felder, Houck, Robinson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION BY JULY 1, 1994, SHALL PROVIDE CERTAIN NOTIFICATION TO TAXPAYERS EFFECTED BY THE SETTLEMENT OF BASS VS. THE STATE OF SOUTH CAROLINA AND PERRI VS. THE STATE OF SOUTH CAROLINA WHO ARE NOT A CLASS ACTION PLAINTIFF IN THESE LAWSUITS AND WHO HAVE NOT OTHERWISE FILED A CLAIM FOR REFUND BASED ON THE DAVIS VS. MICHIGAN DECISION, TO PROVIDE THAT THESE TAXPAYERS ARE ENTITLED TO FILE A CLAIM FOR REFUND WITH THE DEPARTMENT BY DECEMBER 31, 1994, AND TO PROVIDE THAT THESE TAXPAYERS WHO TIMELY FILE SUCH CLAIMS FOR REFUND SHALL RECEIVE BEGINNING ON OR BEFORE JULY 1, 1995, INCOME TAX REFUNDS UNDER THE SAME TERMS AND CONDITIONS AS THOSE TAXPAYERS WHO ARE PARTIES TO OR MEMBERS OF THE CLASS REPRESENTED IN THESE LAWSUITS.
Referred to Committee on Ways and Means.
H. 4668 -- Reps. Hutson, Harrelson, Keegan, Clyborne, Trotter, Hallman, Baker, Wofford, Allison, Quinn, Wright, Felder, Tucker, Moody-Lawrence, Corning, A. Young, Meacham, Littlejohn, J. Harris, Simrill, Fulmer, Harwell, Davenport, Stone, Huff, Haskins, Jaskwhich, Harrison, McLeod, Stuart, Vaughn, M.O. Alexander, Sharpe, Kirsh, Cato, Neilson, G. Bailey, Shissias, Chamblee, Wells, Cooper, Phillips, Graham, Govan, Riser, D. Smith, Jennings, Kennedy, Walker, Stille, Rhoad, Baxley, McCraw, Spearman, Keyserling, Canty, Robinson, Gamble, Fair, Witherspoon, R. Young, Wilkins, Elliott, Harvin, Delleney, Lanford, Snow, Carnell, Waites, Beatty, Gonzales, P. Harris, Klauber and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE STATE DEOXYRIBONUCLEIC ACID (DNA) IDENTIFICATION RECORD DATABASE ACT AND TO ESTABLISH THIS DATABASE IN THE STATE LAW ENFORCEMENT DIVISION, TO REQUIRE CONVICTED OFFENDERS OF CERTAIN SEX-RELATED CRIMES AND VIOLENT CRIMES TO SUBMIT A SAMPLE FROM WHICH DNA MAY BE OBTAINED FOR DNA TESTING TO BE INCLUDED IN THIS DATABASE, AND TO PROVIDE EXPUNGEMENT PROCEDURES, CONFIDENTIALITY REQUIREMENTS, AND PENALTIES.
Referred to Committee on Judiciary.
S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.
Referred to Committee on Labor, Commerce and Industry.
S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:
H. 4669 -- Reps. Keyserling and Richardson: A HOUSE RESOLUTION TO COMMEND THE GOVERNOR AND OTHERS FOR THEIR LEADERSHIP IN ATTRACTING TOURISTS, RETIREES, AND NEW BUSINESSES TO THE STATE; TO REAFFIRM THE COMMITMENT OF THE GENERAL ASSEMBLY TO CONTINUE TO IMPROVE THE ATTRACTIVENESS AND IMAGE OF THE STATE AND TO REAFFIRM ITS DESIRE TO PROVIDE THE LEADERSHIP OF THE STATE WITH THE RESOURCES NEEDED TO SHOW THAT SOUTH CAROLINA IS UNWAVERING IN ITS COMMITMENT TO PROTECT AND ENHANCE THE STATE'S NATURAL RESOURCES AND QUALITY OF LIFE.
The Resolution was adopted.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4670 -- Rep. J. Harris: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 3, 1994, FOR THE PRESENTATION OF THE ANNUAL VERNER AWARDS.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives on Tuesday, May 3, 1994, from 5:30 p.m. to 7:00 p.m. for the presentation of the commission's annual Verner Awards.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House Chamber on that date and time.
Be it further resolved that authorization for use of the House Chamber is subject to cancellation should the House be in regular session on Tuesday, May 3, 1994, beyond the hour of 5:30 p.m.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, February 2.
George H. Bailey Dell Baker Irene K. Rudnick H. Howell Clyborne, Jr. G. Ralph Davenport, Jr. Roland S. Corning E.B. McLeod, Jr. Timothy C. Wilkes
JOINT ASSEMBLY
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1014 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 1994, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE AT-LARGE CIRCUIT, SEAT 2 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994.
The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.
Rep. HODGES asked unanimous consent that all unopposed candidates who had been screened and found qualified to be elected by acclamation.
Rep. GAMBLE and Senator Courson objected.
The President announced that nominations were in order for a Circuit Court Judge, Third Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable David F. McInnis.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable David F. McInnis was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable E.C. Burnett, III.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable E.C. Burnett, III was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Eighth Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable James W. Johnson, Jr.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable James W. Johnson, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable William L. Howard.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable William L. Howard was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable William P. Keesley.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable William P. Keesley was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Twelfth Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable John H. Waller, Jr.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable John H. Waller, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable C. Victor Pyle, Jr.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable C. Victor Pyle, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fourteenth Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable Gerald C. Smoak, Sr.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Gerald C. Smoak, Sr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Fourth Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, stated that the Honorable Edward B. Cottingham had been screened and found qualified to serve.
Rep. HODGES asked unanimous consent that the members of the House vote by electric roll call.
Rep. WAITES objected.
Senator Mescher was recognized and made the following remarks:
"Mr. President, Mr. Speaker, ladies and gentlemen of the House and Senate... Yesterday, I received a communication in support of this candidate. One sentence stood out from the page and I quote, 'We regret that his sentence in one particular case in Horry County has created opposition from a few victims.' The audacity of a victim to object. Last week, a woman who I consider a victim was physically removed from the Gressette building for lobbying for this candidate. As a new legislator, I didn't realize that only certain people could come to speak to us about their problem. I stand before you today to speak for those victims who get caught up within the system. I speak for the common man from which I spring who is often a victim. I speak for the weak and the unprotected who is often a victim and I speak for the women who are often victims. In our government and society, we place our life, our liberty and financial well being in the hands of the judicial system. Because of that awesome responsibility, we expect the people elected to those offices to meet the highest standards possible. I submit and I contend that this candidate does not meet those high standards. I have nothing to say about the individual as an individual, as a family member, church member, what have you. I want to speak to the actions of this candidate and I will only speak to those things that are public record. On the newstand today, in every newstand in this Sate, in this country and across the sea, there is an article in Redbook magazine which represents 17 of the most sexist judges in the United States. Six of them have one-third page pictures. Unfortunately, two of those pictures are of South Carolina's judges. One of those pictures happens to be of our candidate. South Carolina spends millions of dollars every year to raise and put before the world the merit of our State. We don't deserve... We didn't deserve at all and should not stand for any action that creates publicity of this sort. One can say that this is an isolated case. I submit that that is not an isolated case. I want the records of public records of court cases. In 1988, a public official was found guilty of a crime that carried of up to 5 years. Our candidate of today's sentence was no time, no fine and no probation. In 1989, a public official was found guilty of a crime that carried up to 226 years. The sentence of our candidate was three years. Well, that is old history. Let's jump a little closer to now. In 1992, a public official was found guilty of a crime that carried up to 165 years in prison. The sentence was 300 hours of community service. But, the crowning cases and the ones that I think broke the camel's back was less than twelve months ago. On March 4 of 1993, a man, a sex offender, a common man, pleaded guilty to a crime of peeping tom. He received up to one year jail sentence. Four days later, a public official appeared in this man's court pleading guilty or no contest to molesting 15 women in his official duties. One woman was ordered to kiss his exposed penis. Well compared to the peeping tom who looked through a window at a woman, one would think that this person would have gotten 20 to 25 years. You know what his sentence was - 400 days of community service and a $500.00 fine. I am appalled that any man, especially a judge, has the opinion that women in South Carolina are worth $35.00 a piece or 35 days of community service. I could comment on other cases, but I won't, I think I have made my point. Somewhere, along the line, the judgement of this candidate went wrong. I don't believe people with this public record should be allowed to sit in judgement on the people of South Carolina. This is a most important vote. I believe the vote will send a very clear strong message to the people of South Carolina that this Body demands and will not stand for actions of this sort by the people we put in such positions. I would be unable to leave this Chamber today and look my wife, my daughter, my granddaughter in the eye and say that I voted yes for this candidate. I ask you to vote no and remove this individual from the bench. Thank you."
Senator McConnell was recognized and made the following remarks:
"Mr. Speaker...I will be brief, but I cannot let this moment go by, Senator from Berkeley, and allow you to, in my judgement, misrepresent the situation in the Senate. The lady in question was there distributing sealed packages, manilla envelopes. All of the mail in the Senate goes through a security check. Why have a procedure and a process for having all of your mail examined for security and not enforce it at the door if you are not the mail man and you can just bring it in and go from floor to floor and distribute unsigned packages and no check on them at all. It had absolutely nothing to do with this race. It had nothing to do with sexism. It had nothing to do with her being a female or anything and it is no characterization of the South Carolina Senate. The rules are this, the Senate requires mail to be checked. She was asked to take it to the Clerk's office. The proper process in the Senate is to have it checked and then the staff will distribute it. Lobbying, she can go lobby all she wants to, from floor to floor, Senator, but don't sit there and make this Joint Assembly believe that the Senate of South Carolina denied her the right of free speech or the right to lobby any senator she wanted to. We have a security process. Why check the mail if you are just going to let whoever may come in off the street go distribute packages and mail from floor to floor. I think everyone of you ought to know that. It is not a situation that the Senator from Berkeley has characterized. It is entirely different and the Senate's Operations and Management Committee met on this. We reviewed it. We made sure that the process was clarified by putting notices up in the Senate. That has been our policy. It will continue to be the policy. Obviously, if you have got a one page sheet that you can look at, you know that is no type of device or anything, but a sealed package and envelope that does not have a name on it or that does not have credit taken for it, that is being done from door to door, it would be asked to be taken to the Clerk's Office and I just want to make sure because everybody that is within hearing distance of my voice, I hope will get the true picture of the Senate. You judge this case. Here is the record. Here is the sworn testimony. That is what the Screening Committee had to go on. I was Chairman of the Screening Committee back then. We have to go on what people tell us under oath. Here are the facts in the Journal. I hope you have read them. I understand that someone else is going to address the merits of this, so I want take up your time, but I close by simply telling you that there was absolutely no effort by the South Carolina Senate to restrict, to prevent the lobbying, to prevent people from having their say on this judgeship and to characterize it as anything other than that is to make an absolute misstatement or not have the facts at your command. And I invite any of you who have question as to what I have said to look at the records of the O & M Committee, the process, the notices and anything else and not be persuaded into thinking that somehow up here to portray us as some good old boys trying to prevent a lady from being able to get out and to campaign. Thank you, Mr. President."
Rep. JENNINGS nominated Edward B. Cottingham as follows:
"Mr. President, Mr. Speaker and Members of the Joint Assembly... It is an extreme honor for me to rise to place in nomination for reelection for his third term as resident Judge of the Fourth Judicial Circuit, the Honorable Edward B. Cottingham. In offering himself for the Circuit bench ten years ago after a very successful legal career of 38 years, and after having served in numerous public offices, including service in this House and on the Highway Commission, Edward Cottingham ascended to the high honor and obligation of being a Circuit Judge. Ed Cottingham has met that high honor and has been true to that task as he has distinguished himself over the past ten years by becoming known as one of the very best trial judges in this State. He has been applauded by lawyers, litigants, jurors and witnesses around this State as a tough but fair judge who runs his courtroom well, commands respect for the system, and treats everyone with equal respect and dignity. This is an unusual opportunity to be standing before you making a nomination speech for an incumbent judge who has no opposition... An incumbent judge who was unanimously endorsed by the Bar Associations within his home circuit and unanimously endorsed by the entire legislative delegation of the same four counties. However, I respect the fact that we are going through this process because we live in a different day and age in which all of our actions are scrutinized more closely... And rightly so. Our fellow House members within the Women's Caucus have very correctly advised the Judiciary of this state that judges should always remember to be sensitive to the unique problems which women face and to women's rights. The Women's Caucus has expressed an indication to advise the entire Judiciary that they will be watching and scrutinizing judges in this process in the future more closely. And this is only right and fair. As a matter of fact, all of us in this Body, members of the Women's Caucus, members of the Black Caucus, members of the Republican Caucus, members of the Democratic Caucus, the Rural Caucus, the Urban Caucus, all of us should be watching and evaluating judges because that is part of our legislative responsibility. As we undertake this enormous burden of electing capable judges to deal with the citizenry of our State, we each have a duty to inquire into their careers; to read transcripts of cases and/or complaints about their performance; to talk to litigants; to talk to our solicitors about each judge's sentencing policies and the impact which each may have on the ever-increasing crime problem... And to those of you in this Chamber who went through that process of taking the extra time to make such an inquiry on Judge Ed Cottingham, we thank you for doing this so that you would have all the facts before you on this man who's been assigned as many death penalty cases and high profile difficult cases as any trial judge in this State. And why does Judge Cottingham get assigned to these more difficult cases? Simply put, because he is extremely capable, even-tempered, fair-minded, and has the unique ability to handle those tough cases. It is not unusual in high profile cases for the general public to disagree with a judge's decision on sentencing based solely upon their review of a newspaper article or news report without having the benefit of all the evidence and testimony in the courtroom. I find it interesting to note that in the tragic case this past year in which Nancy Moore Thurmond lost her life here in Columbia and the defendant stood in a Circuit courtroom before another distinguished judge, to plead guilty in that case, a poll taken thereafter by WIS-TV showed that 84 percent of the general public disagreed with the sentence imposed by that distinguished judge. I mention that case only to emphasize the fact that in high profile cases, public opinion as to whether or not any given sentence within a judge's discretion is right or wrong, varies greatly. It always has, and it always will. However, it is vital that our judges be free of the consideration of polls and whether newspaper readers believe, based upon facts summarized by a reporter, that a particular sentence was or was not correct. The South Carolina Bar, after a thorough and confidential evaluation, issued a report indicating that Judge Cottingham, renders forthright and punctual rulings and decisions; is effective in the oversight of trials, the administration of docket control and resolution of cases; has an outstanding knowledge of statutes, case law and rules of evidence; has an absence of bias, prejudice, partiality or favoritism for all parties concerned; and, possesses an excellent judicial demeanor and temperament but still maintains strict control of the courtroom and the proceedings. In finding him 'well-qualified', the Bar's Judicial Qualifications Committee simply confirmed that which many who have been honored to be in his courtroom already knew. And that is that the Honorable Edward B. Cottingham is indeed a credit to our Judiciary, to his position, and to this State. I am very proud to say to him today that this General Assembly acknowledges the difficult tasks before him in dispensing justice and that we look forward to his continuing to do so in the same fair and impartial manner in which he has carried out those awesome responsibilities over the past decade. A few of you have indicated to me that you intend to express your displeasure about Judge Cottingham's service by casting a 'no' vote today. I respect that as obviously we in this Chamber, like judges, are elected to make difficult decisions. Likewise, we, like judges, are charged with the responsibility of informing ourselves with all the facts in a given matter so that we can make a logical and informed decision within our discretion. Therefore, I simply implore that those of you who may be considering such a protest to reach down deep within your heart and within your conscience and ask yourself, as a judge should when he is on the bench facing a difficult decision, whether or not you have satisfactorily armed yourself with all the facts. Ask yourself honestly, have I got all the facts? Have I read the transcript? Have I read the Screening Report, the Bar report and the other documents pertaining to Judge Cottingham's performance on the bench; and, lastly, have I got the full picture of Judge Cottingham's ten years of service on the Circuit bench? If you can honestly respond to yourself on these questions, then you certainly will have discharged your duty, and you have no one to answer to. I suspect this process is the same mental process that any good judge goes through in rendering difficult discretionary decisions on the bench. Likewise, we owe the judiciary, the citizens of this State, and the system that we represent this same duty. I thank you for patiently listening to me as I share with you why the delegation of our Fourth Circuit unanimously endorses this outstanding jurist for another term. Thank you."
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Cottingham:
Bryan Courtney Elliott Ford Giese Glover Gregory Hayes Jackson Land Lander Macaulay Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Rankin Richter Short Smith, J.V. Stilwell Washington Williams Wilson
The following named Senators voted in the negative:
Cork Courson Drummond Leventis Mescher Passailaigue Reese Rose Ryberg Smith, G. Thomas Waldrep
The Reading Clerk of the House called the roll of the House and the Representatives voted viva voce as their names were called:
The following named Representatives voted for Mr. Cottingham:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Byrd Carnell Cato Cooper Cromer Delleney Farr Felder Fulmer Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Huff Inabinett Jennings Kinon Law Martin Mattos McAbee McCraw McElveen McKay McTeer Neilson Rhoad Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Simrill Smith, D. Snow Spearman Stoddard Sturkie Thomas Trotter Tucker Waldrop White Wilder, D. Wilder, J. Wilkins Williams Wofford Worley Young, R.
The following named Representatives voted in the negative:
Allison Bailey, J. Canty Chamblee Clyborne Davenport Elliott Fair Gamble Hutson Jaskwhich Keegan Kirsh Klauber Koon Lanford Littlejohn McMahand Meacham Neal Phillips Quinn Shissias Smith, R. Stille Stone Stuart Townsend Vaughn Waites Walker Wells Young, A.
Total Number of Senators voting 40
Total Number of Representatives voting 110
Grand Total 150
Necessary to a choice 76
Of which Mr. Cottingham received 105
Of which the negative received 45
Whereupon, the President announced that the Honorable Edward B. Cottingham, having received a majority of the votes cast, was duly elected for the term prescribed by law.
Each member of the Women's Caucus will vote her individual conscience regarding the reelection of Judge Edward Cottingham. The Caucus is aware of the notoriety surrounding the sentencing of Magistrate Archie Lee by Judge Cottingham, and we are united in our desire to use this opportunity surrounding this notoriety to express our expectations that all judges exhibit sensitivity to victims of crimes without regard to race, sex or political connections. Further, that all sentences issued by members of the South Carolina Judiciary be unbiased and fair.
While it has come to the attention of the Caucus that the sentence set out in the case of Magistrate Lee was within the guidelines, it is our belief that a heightened sensitivity by Judge Cottingham to the feelings and concerns of the victims could have alleviated many of the concerns that have been expressed regarding the case.
The Caucus expresses sympathy to victims of the crimes of Magistrate Lee as well as victims of other crimes across South Carolina. We feel that a heightened sensitivity toward victims is needed. We will work to strengthen sentencing guidelines in order to insure fair, unbiased and more uniform sentencing while maintaining a flexibility that allows compassionate judging.
Carole C. Wells Merita A. Allison
Becky Meacham Elsie Rast Stuart
Margaret J. Gamble Bessie Moody-Lawrence
Annette Young Denny W. Neilson
Candy Y. Waites Alma W. Byrd
June S. Shissias Lucille S. Whipper
Paula H. Thomas Sandra S. Wofford
Molly M. Spearman
The President announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit.
Rep. HODGES, on behalf of the Joint Screening Committee, read a letter from Ms. Malisssa Burnette stating her withdrawal as a candidate.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated Mr. L. Casey Manning.
Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. L. Casey Manning was duly elected for the term prescribed by law.
I would like to cast my vote for Malissa Burnette for Circuit Judge in the Fifth Judicial Circuit.
Rep. CANDY Y. WAITES
The President announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit.
Rep. CROMER withdrew Mr. Clyde N. Davis, Jr. as a candidate.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable Marc H. Westbrook.
Rep. CROMER moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Marc H. Westbrook was duly elected for the term prescribed by law.
I would like to cast my vote for Clyde N. Davis, Jr. for Circuit Judge in the Eleventh Judicial Circuit.
Rep. CANDY Y. WAITES
The President announced that nominations were in order for a Circuit Court Judge, At Large, Seat 2.
Rep. HODGES, on behalf of the Joint Screening Committee, withdrew Mr. John Sinclaire, III as a candidate.
Senator Bryan withdrew Mr. Robert S. Armstrong as a candidate.
Rep. HODGES, on behalf of the Joint Screening Committee, nominated Mr. R. Markley Dennis, Jr.
On motion of Senator Bryan, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. R. Markley Dennis, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for members of the Old Exchange Building Commission.
Senator Leventis nominated Capt. John S. Coussons, Mrs. Louise Burgdorf and Mr. Sherman Smith.
On motion of Senator Leventis, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Capt. John S. Coussons, Mr. Sherman F. Smith and Mrs. Louise Burgdorf were duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:59 P.M. the House resumed, the SPEAKER in the Chair.
Rep. WILKINS moved that the House recede until 2:30 P.M.
Rep. KIRSH moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4657 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MS. FRANCES LORRAINE PARIS OF NEWBERRY FOR FORTY-FOUR YEARS OF DEDICATED SERVICE TO THE NEWBERRY PUBLIC SCHOOL SYSTEM AS DIRECTOR OF INSTRUMENTAL MUSIC.
At 1:04 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Bob Marett of Rock Hill, to meet at 10:00 A.M. tomorrow.
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