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The following Concurrent Resolution was taken up.

H. 3341 -- Reps. Fulmer, Hallman and Seithel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.

Rep. QUINN explained the Concurrent Resolution.

Rep. FAIR moved to adjourn debate upon the Concurrent Resolution until Tuesday, February 7, which was adopted.

The following Concurrent Resolution was taken up.

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

Whereas, the Tenth Amendment to the Constitution for the United States reads as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be the agent of the States; and

Whereas, today in 1994 the States are demonstrably treated as agents of the federal government; and

Whereas, many federal mandates are directly in violation of the Constitution for the United States; and

Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that the Congress may not simply commandeer the legislative and regulatory processes of the States; and

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

That: (1) The State of South Carolina hereby claims sovereignty under the Tenth Amendment to the Constitution for the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution for the United States.

(2) All government agencies, quasi-government agencies, their agents and employees operating within the geographic boundaries of the State of South Carolina, or all government agencies, their agents and employees whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution for the United States or be subject to penalty of law as provided for now or in the future within the Constitution for the State of South Carolina, the South Carolina Statutes, or the Common Law as guaranteed by the Constitution for the United States.

(3) This resolution serves as Notice and Demand to our agent, i.e., the federal government, effective immediately, to cease and desist from mandates which exceed the scope of its constitutionally delegated powers. Such powers are limited and defined by Article I, Section 8 of the Constitution for the United States as follows:

"The ... power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States;

To borrow Money on the Credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the punishment of Counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the Supreme Court;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;

To exercise exclusive legislation in all Cases whatsoever, over such District (not exceeding ten miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the erection of Forts, Magazines and Arsenals, dock yards, and other needful buildings; -- And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Be it further resolved that copies of this resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House and the President of the Senate of the other forty-nine States of the Union.

Rep. HARRISON explained the Concurrent Resolution.

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

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

Rep. KNOTTS moved to reconsider the vote whereby H. 3205 was given a second reading and the motion was noted.

The Senate returned to the House with concurrence the following:

H. 3434 -- Rep. Sandifer: A CONCURRENT RESOLUTION CONGRATULATING SYBIL GIBSON SEVIC OF SENECA ON BEING SELECTED FOR A PRESIDENTIAL AWARD FOR EXCELLENCE IN SCIENCE AND MATHEMATICS TEACHING.

H. 3436 -- Rep. McElveen: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAT VELTRE, ONE OF SUMTER'S MOST DISTINGUISHED CONDUCTORS AND BAND DIRECTORS, UPON HIS RETIREMENT AND TO EXPRESS TO HIM SINCERE THANKS FOR ALL HE HAS DONE ON BEHALF OF THE CITIZENS OF SUMTER COUNTY.

H. 3437 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. RYAN BAILEY OF SUMTER COUNTY UPON WINNING THE STATEWIDE COMPETITION TO DESIGN THE INAUGURAL LOGO EMBLEM "PUTTING FAMILIES FIRST" FOR NEWLY-ELECTED GOVERNOR DAVID M. BEASLEY.

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God, the same yesterday, today and always, amid all the changes of life, help us to keep our faith in You strong and sure. When we cannot see the distant scene, enable us to live one day at a time as in Your presence. Grant to us clarity of thought and soundness of judgement even amid the uncertainties that come our way. Keep open our hearts to Your teachings, our minds to Your truths, our wills to Your will and hear always Your beckoning: "This is the way, walk ye in it."

And to You, Lord, we give our praise and thanksgiving. Amen.

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

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 3090 -- Reps. Cromer and Stille: A BILL TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips Spearman, Robinson, Riser and Shissias: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION OR USE OF A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

H. 3051 -- Reps. Vaughn and Lloyd: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO PROVIDE THAT THE FEE OF TEN DOLLARS ANNUALLY IS AUTHORIZED FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHO LEASES A VEHICLE.

H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett, Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

H. 3178 -- Reps. Meacham, Cato, Walker, Allison, Delleney, Knotts, Law, Richardson, Herdklotz, Robinson, Seithel and Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-443 SO AS TO PROVIDE THAT ALL SCHOOLS SHALL PROVIDE FOR A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY.

At 10:20 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 7.

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:

O God, Whose presence is always near and Whose wisdom is infallible, deliver us from confusing our own selfish desires and ambition with Your holy will; from indifference and overconfidence; from fear and dread of the future; from an attitude of defeatism or of compromise with the forces of evil. Grant us a full measure of wisdom and understanding, of courage and strength, and faith and fortitude to meet all the challenges of this day and every day.

Enable us to hear continually the words of the Prophet: "They that wait upon the Lord shall renew their strength; they shall walk and not faint." (Isaiah 40:31) 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 Friday, the SPEAKER ordered it confirmed.

Rep. TRIPP moved that when the House adjourns, it adjourn in memory of Thomas M. Verdin, Jr. of Mauldin, which was agreed to.

The following was received.

January 30, 1995
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
David M. Beasley
Governor

Reappointment, Anderson County Master-in-Equity, with term to commence June 30, 1992, and to expire June 30, 1998:

The Honorable Ellis B. Drew, Jr., P.O. Box 4046, Anderson, S.C. 29622

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3432 -- Reps. Harvin and Quinn: A HOUSE RESOLUTION AFFIRMING THE BELIEF THAT THIS STATE'S ON-GOING COMMERCIAL RELATIONSHIP WITH THE PEOPLE OF THE REPUBLIC OF CHINA ON TAIWAN SHOULD BE RECOGNIZED AS SERVING THE MUTUAL INTERESTS OF SOUTH CAROLINIANS AND THE PEOPLE OF THE REPUBLIC OF CHINA ON TAIWAN IN AN EQUITABLE AND RECIPROCAL MANNER, THAT THE RECORD OF THE REPUBLIC OF CHINA ON TAIWAN CONCERNING HER DEMOCRATIZATION AT HOME AND HER HUMANITARIAN SERVICE ABROAD BE ACCORDED APPROPRIATE RECOGNITION BY THE PEOPLE OF THIS STATE, AND THAT DUE CONSIDERATION SHOULD BE GIVEN BY THE UNITED STATES TO THE READINESS OF THE REPUBLIC OF

Ordered for consideration tomorrow.

The following was introduced:

H. 3497 -- Reps. Keyserling and Richardson: A CONCURRENT RESOLUTION COMMENDING GOVERNOR BEASLEY FOR TAKING A STRONG STANCE AGAINST SOUTH CAROLINA BECOMING THE WORLD'S NUCLEAR DUMPING GROUND AND MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES DEPARTMENT OF ENERGY TO CONDUCT A THOROUGH AND COMPLETE ENVIRONMENTAL IMPACT STATEMENT REGARDING IMPORTATION OF FOREIGN REACTOR SPENT FUEL BEFORE UNDERTAKING ANY FURTHER ATTEMPTS TO BRING HIGH-LEVEL NUCLEAR WASTE GENERATED IN FOREIGN COUNTRIES TO THE SAVANNAH RIVER SITE.

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

The following was introduced:

H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright, Moody-Lawrence and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".

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

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