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

WEDNESDAY, APRIL 11, 1990

Wednesday, April 11, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by Chaplain (Capt.) Colon S. Jackson, Jr., United States Navy, Naval Station, Charleston, S.C.:

Almighty God, creator of all that there is and all that there ever has been and all that there ever will be. We pause to praise You for Your creative activity in our world. We behold Your handy work all about us, but never more evident than in mankind. We thank You that You have betrusted this great earth unto us, frail, weak and sinful, though we may be. You, the creative God, has never lest created us to continue Your act of creation. You have placed us in an imperfect world and challenged us to perfect it for it is in using our creativity that we enter into union with You and fulfill our mission in life. We come now, O God, to pray a special blessing upon this Body of men and women to whom much has been entrusted and from whom much is expected. Take from them, O God, all pride and vanity, boasting and arrogance, for their election is more than to a place of privilege, but responsibility. Make them strong and secure that they may never be afraid to do what is right. Give them the courage and wisdom for the facing of these challenging days. We pray this prayer in Your strong name, O God. 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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 10, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1331:
S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEE

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 4896 -- Reps. Clyborne and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 467 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1268 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48, THE SOUTH CAROLINA MINING ACT.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4975 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE ROGER L. FLOWERS, MEMBER OF THE AGRICULTURE COMMISSION OF SOUTH CAROLINA, AND FLOWERS FARMS OF SUMMERTON, CLARENDON COUNTY, UPON THE CELEBRATION OF THEIR TWENTY-FIFTH ANNIVERSARY OF FARM OPERATIONS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4976 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE WILLIAMSBURG COUNTY DEPARTMENT OF SOCIAL SERVICES AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4977 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF LANE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1477 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION TO INFORM THE SOUTH CAROLINA CONGRESSIONAL DELEGATION OF SOUTH CAROLINA'S CONCERN REGARDING THE URGENCY TO INTRODUCE AND SUPPORT LEGISLATION IMPLEMENTING THE NECESSARY FEDERAL PROGRAMS TO SAVE AND RESTORE FOLLY ISLAND AND FOLLY BEACH AND REPAIR THE DAMAGE CAUSED BY JETTIES.

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

CONCURRENT RESOLUTION

On motion of the Richland Delegation, with unanimous consent, the following was taken up for immediate consideration:

S. 1502 -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1990, "WORKERS' MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1989, forty-two workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

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

That April 28, 1990, be commemorated as "Workers' Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

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. 1503 -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR SCANDINAVIANS FOR THEIR HUMANITY AND BRAVERY IN RESCUING PERSONS OF THE JEWISH FAITH FROM THE HOLOCAUST, AND TO COMMEND "THANKS TO SCANDINAVIA" FOR THEIR EFFORTS IN CREATING A LIVING MEMORIAL FOR ALL GENERATIONS OF THE COURAGEOUSNESS OF SCANDINAVIANS IN THE FACE OF NAZI ATROCITIES.

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. 1504 -- Senators Passailaigue, McConnell, Fielding and Martschink: A CONCURRENT RESOLUTION TO COMMEND ARTHUR MANIGAULT WILCOX, RETIRED EDITOR OF THE CHARLESTON NEWS AND COURIER, FOR HIS FORTY-FOUR YEARS OF DISTINGUISHED SERVICE AS A JOURNALIST, AND TO WISH HIM A HAPPY AND FRUITFUL RETIREMENT.

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. 1505 -- Senators Horace C. Smith, Waddell, Leatherman, Moore and J. Verne Smith: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE OFFICE OF THE ADJUTANT GENERAL AUTHORIZATIONS FOR CAPITAL IMPROVEMENT BONDS FOR THE 251ST EVACUATION HOSPITAL ARMORY AND THE 51ST AVIATION GROUP ARMORY PROJECT.

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

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4978 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DECERTIFICATION, ACCREDITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1220, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4979 -- Reps. Wofford and J. Bailey: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.

Referred to Committee on Labor, Commerce and Industry.

H. 4981 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF MUNICIPAL AND COUNTY BUILDING CODES ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL, REQUIREMENTS OF REGISTRATION, PRACTICE, AND RENEWAL, AND REMEDIES AND PENALTIES FOR VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF MUNICIPAL AND COUNTY BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE EXCEPTIONS, PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL AND COUNTY BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS, THE STATE FIRE MARSHAL, AND THE COMMISSIONER OF LABOR.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4982 -- Rep. Clyborne: A BILL TO AMEND SECTION 37-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF A CONSUMER'S RIGHT TO CURE A CREDIT TRANSACTION DEFAULT, SO AS TO PROVIDE FOR NOTICE BY CERTIFIED MAIL.

Referred to Committee on Labor, Commerce and Industry.

H. 4983 -- Reps. Harwell, Limehouse, Derrick, Taylor, R. Brown, Glover, Sheheen, Boan, Wells, McGinnis, Haskins, Keegan, McLellan, T.C. Alexander and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A CONSUMER REPORTING AGENCY TO DISCLOSE IN A CONSUMER REPORT PREVIOUS INQUIRIES MADE TO THE AGENCY ABOUT A CONSUMER.

Referred to Committee on Labor, Commerce and Industry.

H. 4984 -- Reps. R. Brown, Kay, Townsend and Carnell: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR A COMMISSION OFFICE IN ABBEVILLE.

Referred to Committee on Labor, Commerce and Industry.

H. 4985 -- Reps. Wilkins, Sharpe, Fair, Mattos, Manly, Burch and Tucker: A BILL TO AMEND SECTION 16-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESISTING A LAW ENFORCEMENT OFFICER, SO AS TO PROVIDE THAT A PERSON MAY NOT RESIST AN ARREST BEING MADE BY ONE WHOM THE PERSON KNOWS OR REASONABLY SHOULD KNOW IS A LAW ENFORCEMENT OFFICER.

Referred to Committee on Judiciary.

H. 4986 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 119 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 7 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE AUXILIARY FACILITIES REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM THE FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS, AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS.

Referred to Committee on Ways and Means.

H. 4987 -- Rep. Corning: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4988 -- Reps. Waites, T. Rogers, Harrison, Faber, McBride, Taylor and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1845 SO AS TO ALLOW A CURRENT CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO HAS PRIOR SERVICE AS A MAGISTRATE OR AN EMPLOYEE OF A MAGISTRATE WHOSE ONLY COMPENSATION WAS FROM FEES TO ESTABLISH CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE YEARS OF SERVICE IN WHICH HIS COMPENSATION WAS ONLY FROM FEES UPON PAYMENT OF A LUMP SUM TO THE SYSTEM EQUAL TO THE ACTUARIAL COST OF THE CREDIT ESTABLISHED.

Referred to Committee on Ways and Means.

S. 1366 -- Senator Moore: A BILL TO AMEND SECTION 12-54-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST ON UNDERPAYMENTS OF ESTIMATED STATE INCOME TAXES, SO AS TO PROVIDE THAT NO INTEREST OR PENALTY IS DUE FOR UNDERPAYMENTS ATTRIBUTABLE TO PERSONAL SERVICE INCOME EARNED IN ANOTHER STATE ON WHICH WAS WITHHELD INCOME TAX DUE THAT STATE.

Referred to Committee on Ways and Means.

S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: A BILL TO AMEND SECTION 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.

Referred to Committee on Ways and Means.

S. 1486 -- Senators Shealy, Bryan and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-77-145 SO AS TO PROVIDE THAT NO PERSON MAY BE DENIED ADMISSION TO A LICENSED HEALTH CARE FACILITY OR LICENSED LONG-TERM CARE FACILITY BECAUSE HE HAS NOT EXECUTED A DECLARATION PURSUANT TO THE PROVISIONS OF CHAPTER 77 OF TITLE 44 OF THE 1976 CODE, THE DEATH WITH DIGNITY ACT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVOKE THE LICENSE OF A FACILITY FOUND TO BE IN VIOLATION OF THIS SECTION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Barfield               Baxley
Beasley                Blackwell              Blanding
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Felder                 Ferguson
Foster                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hendricks              Holt
Jaskwhich              Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Littlejohn             Manly
Martin, D.             Martin, L.             McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Rama
Rhoad                  Rogers, J.             Rogers, T.
Sharpe                 Sheheen                Short
Simpson                Smith                  Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Williams, D.           Williams, J.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 11, 1990.

William D. Boan                   John J. Snow, Jr.
Rick Quinn                        Irene K. Rudnick
Dell Baker                        Milford D. Burriss
Thomas E. Huff                    Larry E. Gentry
Steve Lanford                     Thomas A. Limehouse
L. Edward Bennett
Total--116

LEAVES OF ABSENCE

The SPEAKER granted Reps. McCAIN and BENNETT a temporary leave of absence to attend a funeral.

The SPEAKER granted Rep. WILKINS a leave of absence for today and tomorrow.

STATEMENTS OF ATTENDANCE

Reps. HARVIN and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, April 4.

DOCTOR OF THE DAY

Announcement was made that Dr. Robert Cutting of North Augusta is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4569 -- Reps. McTeer, Wilder and Rhoad: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TORT CLAIMS ACT SO AS TO EXEMPT FROM LIABILITY BOAT RAMPS, LAUNCHING, OR DOCKING FACILITIES COMPLYING WITH STATE ORGANIZATION OF BOATING, ACCESS ADMINISTRATORS (SOBAA) SPECIFICATIONS.

H. 4574 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.

H. 4571 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL, AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.

H. 4575 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-355 SO AS TO PROVIDE THAT CERTAIN ACTIONS REGARDING THE INTIMIDATION OF WITNESSES ARE UNLAWFUL, TO PROVIDE FOR PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN OF THE ABOVE OFFENSES WHICH ARE FELONIES TO THIS LIST.

H. 4922 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO DETAIL THE REQUIREMENTS FOR STORAGE, DELETE THE REQUIREMENT THAT THE STATE FIRE COMMISSION PROMULGATE REGULATIONS FOR STORAGE, AND PROVIDE FOR THE APPLICATION OF AND EXCEPTIONS TO THE SECTION.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.

H. 4436--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.

H. 4436 -- Reps. Baker, Littlejohn, Sharpe, Koon, J.C. Johnson, Felder, Davenport, Clyborne, Farr, Manly, Keyserling, Vaughn, Smith, Nesbitt, Chamblee, Moss, Wells, Bruce, Phillips, Haskins, Fant, Cooper, Glover, R. Brown, T. Rogers, Wilkins, Jaskwhich, L. Martin, Fair, Kirsh and McCain: A BILL TO AMEND SECTION 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE OF PROPERTY USED OR CONNECTED WITH THE ILLEGAL USE OF A NARCOTIC OR CONTROLLED SUBSTANCE, SO AS TO AUTHORIZE THE FORFEITURE OF A MOTOR VEHICLE WHICH IS USED TO FACILITATE ANY TRANSACTION TO PURCHASE OR SELL CONTROLLED SUBSTANCES AND THEIR COMPOUNDS AND DELETE PROVISIONS AUTHORIZING THE FORFEITURE IF THE VEHICLE CONTAINED A CERTAIN AMOUNT OF THESE NARCOTICS OR CONTROLLED SUBSTANCES AND REFERENCES THAT THE QUANTITIES REFERRED TO IN THIS SECTION REFER TO CONTROLLED SUBSTANCES OR ANY COMBINATIONS OF THEM.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 10, by the Committee on Judiciary.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BURCH a leave of absence due to business reasons.

S. 1392--RECOMMITTED

The following Joint Resolution was taken up.

S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. G. BAILEY explained the Joint Resolution.

Rep. T.M. BURRISS moved to recommit the Joint Resolution to the Committee on Labor, Commerce and Industry, which was agreed to.

H. 4572--DEBATE ADJOURNED

The following Bill was taken up.

H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 4, by the Committee on Judiciary.

Rep. NETTLES explained the amendment.

Rep. L. MARTIN moved to table the amendment and demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 41 to 38.

Rep. NETTLES moved to adjourn debate upon the Bill.

Rep. L. MARTIN moved to table the motion, which was not agreed to by a division vote of 30 to 32.

The question then recurred to the motion to adjourn debate.

Rep. KLAPMAN demanded the yeas and nays, which were not ordered.

The motion to adjourn debate was agreed to by a division vote of 41 to 22.

MOTION ADOPTED

Rep. BAKER moved that when the House adjourns it adjourn in memory of Mrs. Wayne Rogers of Greenville County, which was agreed to.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.

S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.

S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.

Rep. HUFF explained the Bill.

S. 1095--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that S. 1095 be read the third time tomorrow.

S. 925--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 925 -- Senator Pope: A BILL TO AMEND CHAPTER 15, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-15-615 SO AS TO PROVIDE THAT INDIVIDUALS, CORPORATIONS, PARTNERSHIPS, OR OTHER BUSINESS ENTITIES SHALL NOT BE REQUIRED TO BE REPRESENTED BY AN ATTORNEY IN A PROCEEDING BEFORE THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1372X), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     The 1976 Code is amended by adding:

"Section 41-15-615.     An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a proceeding before the board, but may appear pro se."/

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3273--OBJECTIONS

The following Joint Resolution was taken up.

H. 3273 -- Reps. Nesbitt, Kirsh, Klapman, Boan, Hayes, Short, Foster and McGinnis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF SCHOOL DISTRICTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1417X).

Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     There is proposed that Article X, Section 14(7)(a) of the Constitution of this State be amended to read:

"(a)     For any of its corporate purposes in an amount not exceeding eight twelve percent of the assessed value of all taxable property of such the political subdivision; or".

SECTION     2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 14(7)(a) of Article X of the Constitution of this State be amended so as to increase the general obligation debt limit from eight to twelve percent of the assessed value of all taxable property of a political subdivision?

Yes [ ]
No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION     3.     There is proposed that Article X, Section 15(6) of the Constitution of this State be amended to read:

"(6)     In addition to the bonded indebtedness authorized by subsection (5), during the period beginning on the date of the ratification of this article in 1977 and ending on the fifth anniversary of that date, the governing body of any a school district may incur bonded indebtedness to the limit authorized by Section 5, Article X of the Constitution as of January 1, 1976, and upon such terms and conditions as the General Assembly may have heretofore previously provided or may hereafter later prescribe; provided, however that. However, in determining the limit authorized by Section 5, Article X of the Constitution, in the event if the assessed value of all taxable property in any a school district decreases in any year during the aforesaid previously mentioned five-year period to an amount less than the assessed value of all taxable property in any such that school district as of December 31, 1975, the assessed value of all taxable property of any such that school district as of December 31, 1975, shall must be applied in determining any such that school district's bonded indebtedness during the aforesaid previously mentioned five-year period. After the fifth anniversary of that date, the governing body of any school district may incur general obligation debt in an amount not exceeding eight twelve percent of the assessed value of all taxable property of such the school district subject to the provisions of subsection (3) of this section and upon such those terms and conditions as the General Assembly may prescribe.

In computing the eight twelve percent debt limitation imposed by the provisions of this subsection, bonded indebtedness existing on the date of the fifth anniversary of the ratification of this article in 1977 and bonded indebtedness incurred under the provisions of subsection (5) of this section shall must not be considered in the computation of the eight twelve percent limitation."

SECTION     4.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 15(6) of Article X of the Constitution of this State be amended so as to increase the general obligation debt limit from eight to twelve percent of the assessed value of all taxable property of a school district?

Yes [ ]
No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Amend title to conform.

Rep. McLELLAN was recognized.

Reps. BLANDING, COOPER and DAVENPORT objected to the Joint Resolution .

H. 3873--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3873 -- Reps. Wilkins and Clyborne: A BILL TO REQUIRE MEMBERS OF STATE BOARDS, COMMITTEES, COUNCILS, AND COMMISSIONS TO ATTEND A MINIMUM NUMBER OF MEETINGS ANNUALLY, TO PROVIDE THAT FAILURE TO ATTEND THE REQUISITE NUMBER OF MEETINGS CONSTITUTES PERSISTENT NEGLECT OF DUTY FOR PURPOSES OF SECTION 1-3-240 OF THE 1976 CODE OF LAWS, AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

Rep. McBRIDE explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. McBRIDE having the floor.

MOTION TABLED

Rep. WALDROP moved that the House recur to the morning hour.

Rep. McELVEEN moved to table the motion, which was agreed to by a division vote of 40 to 16.

H. 4276--OBJECTION WITHDRAWN

Rep. KLAPMAN withdrew his objection to the following Bill.

H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.

H. 4335--OBJECTIONS WITHDRAWN

Reps. G. BROWN and McBRIDE withdrew their objections to H. 4335, however, other objections remained upon the Bill.

H. 3303--OBJECTION WITHDRAWN

Rep. BRUCE withdrew his objection to the following Bill.

H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

S. 686--OBJECTION WITHDRAWN

Rep. GORDON withdrew his objection to the following Bill.

S. 686 -- General Committee: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR AUCTIONEERS AND AUCTION FIRMS, SO AS TO PROVIDE THAT THE LICENSE FEES FOR AUCTIONEERS, APPRENTICE AUCTIONEERS, AND AUCTION COMPANIES ARE ONE HUNDRED FIFTY DOLLARS.

H. 4276--OBJECTIONS WITHDRAWN

Reps. DAVENPORT and TAYLOR withdrew their objections to the following Bill.

H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.

S. 518--RECALLED FROM LEGISLATIVE COUNCIL

On motion of Rep. P. HARRIS, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.

S. 518 -- Senator McConnell: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AS TO A PERSON'S FITNESS TO STAND TRIAL, SO AS TO INCLUDE CIVIL CONTEMPT IN THE CHARGES AGAINST HIM AND DELETE THE REFERENCE TO THE COUNTY COURT.

S. 1183--RECALLED FROM THE COMMITTEE ON
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. MOSS, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

S. 1183 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.

OBJECTION TO RECALL

Rep. HASKINS asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.

Rep. SHARPE objected.

S. 710--DEBATE ADJOURNED

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

S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.

Rep. DAVENPORT moved to adjourn debate upon the Senate amendments until Wednesday, April 18, which was adopted.

H. 3656--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3028--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

H. 3702--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

H. 3702 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.

Rep. T.M. BURRISS explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3773--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.

Rep. WALDROP explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4591--SENATE AMENDMENTS AMENDED AND
SENT TO THE SENATE

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

H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.

Rep. McABEE proposed the following Amendment No. 1 (Doc. No. 1407X), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION __.     The 1976 Code is amended by adding:

"Section 39-25-35.     The provisions of Section 39-25-30 do not apply to water-powered grist mills or their products."/

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the Senate amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered sent to the Senate.

H. 4478--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

H. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4775--DEBATE ADJOURNED

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

H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.

Rep. L. MARTIN moved to adjourn debate upon the Senate amendments until Tuesday, April 17, which was adopted.

H. 3169--INTERRUPTED DEBATE

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

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

Reps. BAXLEY, G. BROWN, BLANDING, McELVEEN, McLEOD and McTEER proposed the following Amendment No. 6 (Doc. No. 1167o), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1.     Section 44-56-60(a) of the 1976 Code is amended to read:

"(a)     (1)     The policy of this State is that hazardous waste must cease being landfilled in this State at the earliest possible time. The Department of Health and Environmental Control shall evaluate annually the effect of increased fees for burial, interstate arrangements or compacts, alternate methods of storage or disposal, recycling, incineration, and other methods of treatment and other factors which tend to reduce the volume of hazardous waste. The results of the Department of Health and Environmental Control evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, together with the department's recommendations for reduced landfill capacity.

(2)         No person shall may construct, substantially alter, or operate any a hazardous waste treatment, storage, or disposal facility or site, nor shall any may a person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning on July 1, 1985 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred thirty-five twenty thousand tons of hazardous waste. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter after that date within the permitted area of the site. Provided, however, that the The commissioner may allow burial of waste in excess of that year's limitation, upon certification that disposal, by land burial from a particular site, is necessary to protect the health and safety of the people of this State. Preference must be given in the disposal of hazardous waste to waste generated by industry within the State of South Carolina.

Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."

SECTION     2.     Chapter 93, Title 44 of the 1976 Code is amended by adding:

"Section 44-93-210.     Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No licensed commercial infectious waste incinerator may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies."

SECTION     3.     From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a licensed commercial infectious waste incinerator in this State.

SECTION 4.     This act takes effect upon approval by the Governor./

Amend title to conform.

Reps. McELVEEN and McLEOD explained the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 64; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Baker
Blackwell              Boan                   Brown, H.
Brown, J.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Davenport              Derrick                Faber
Fair                   Fant                   Felder
Foster                 Gregory                Harris, P.
Harrison               Haskins                Holt
Jaskwhich              Johnson, J.W.          Kay
Klapman                Kohn                   Koon
Limehouse              Littlejohn             Martin, L.
McAbee                 McBride                McGinnis
McKay                  McLellan               Moss
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Sharpe
Simpson                Smith                  Snow
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waldrop
Washington             Wells                  White
Wilder                 Winstead               Wofford
Wright

Total--64

Those who voted in the negative are:

Bailey, J.             Barber                 Barfield
Baxley                 Blanding               Brown, G.
Corbett                Cork                   Corning
Elliott                Gentry                 Glover
Gordon                 Hallman                Harris, J.
Harvin                 Hendricks              Huff
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Lanford
Manly                  McEachin               McElveen
McLeod                 McTeer                 Neilson
Quinn                  Rogers, T.             Rudnick
Sheheen                Waites                 Whipper
Wilkes

Total--37

So, the amendment was tabled.

Reps. BAXLEY, G. BROWN, BLANDING, McELVEEN, McLEOD and McTEER proposed the following Amendment No. 7 (Doc. No. 1169o), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1.     Section 44-56-60(a) of the 1976 Code is amended to read:

"(a)     (1)     The policy of this State is that hazardous waste must cease being landfilled in this State at the earliest possible time. The Department of Health and Environmental Control shall evaluate annually the effect of increased fees for burial, interstate arrangements or compacts, alternate methods of storage or disposal, recycling, incineration, and other methods of treatment and other factors which tend to reduce the volume of hazardous waste. The results of the Department of Health and Environmental Control evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, together with the department's recommendations for reduced landfill capacity.

(2)         No person shall may construct, substantially alter, or operate any a hazardous waste treatment, storage, or disposal facility or site, nor shall any may a person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning on July 1, 1985 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred thirty-five twenty thousand tons of hazardous waste. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter after that date within the permitted area of the site. Provided, however, that the The commissioner may allow burial of waste in excess of that year's limitation, upon certification that disposal, by land burial from a particular site, is necessary to protect the health and safety of the people of this State. Preference must be given in the disposal of hazardous waste to waste generated by industry within the State of South Carolina.

Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 55; Nays 39

Those who voted in the affirmative are:

Bailey, G.             Baker                  Boan
Brown, H.              Brown, J.              Bruce
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Derrick                Faber
Fair                   Felder                 Foster
Gregory                Harris, P.             Harrison
Haskins                Holt                   Huff
Jaskwhich              Johnson, J.W.          Kay
Klapman                Kohn                   Koon
Limehouse              Littlejohn             McAbee
McBride                McGinnis               McKay
Moss                   Nettles                Phillips
Rama                   Simpson                Smith
Snow                   Sturkie                Taylor
Townsend               Tucker                 Vaughn
Waldrop                Washington             Wells
Wilder                 Winstead               Wofford
Wright

Total--55

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Barber
Barfield               Baxley                 Blackwell
Blanding               Brown, G.              Corbett
Cork                   Corning                Gentry
Glover                 Hallman                Harris, J.
Harvin                 Hendricks              Keegan
Keesley                Keyserling             Kinon
Kirsh                  Lanford                Manly
Martin, D.             McEachin               McElveen
McLellan               McLeod                 McTeer
Neilson                Quinn                  Rogers, T.
Rudnick                Sharpe                 Sheheen
Waites                 Whipper                Wilkes

Total--39

So, the amendment was tabled.

Reps. BAXLEY, G. BROWN, BLANDING, McELVEEN, McLEOD and McTEER proposed the following Amendment No. 8 (Doc. No. 1170o), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Chapter 93, Title 44 of the 1976 Code is amended by adding:

"Section 44-93-210.     Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No licensed commercial infectious waste incinerator may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies."

SECTION     2.     From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a licensed commercial infectious waste incinerator in this State.

SECTION 3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. McTEER explained the amendment.

POINT OF ORDER

Rep. STURKIE raised the Point of Order that Amendment No. 8 was out of order as it was not germane to the Bill in that the Amendment dealt with infectious waste and the Bill dealt with hazardous waste.

Rep. McTEER argued contra the Point.

The SPEAKER stated that the Senate version of the Bill involved hazardous waste and other out of state waste and he overruled the Point of Order.

Rep. FELDER moved to table the amendment.

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

Yeas 48; Nays 46

Those who voted in the affirmative are:

Baker                  Boan                   Brown, H.
Brown, J.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cole                   Davenport              Derrick
Faber                  Fant                   Felder
Gregory                Harrison               Haskins
Holt                   Jaskwhich              Kay
Klapman                Kohn                   Koon
Limehouse              Littlejohn             McAbee
McBride                McGinnis               Moss
Nettles                Phillips               Rhoad
Rogers, J.             Sharpe                 Simpson
Smith                  Snow                   Sturkie
Taylor                 Townsend               Vaughn
Waldrop                Wells                  Wilder
Wilkes                 Winstead               Wright

Total--48

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Barfield               Baxley                 Blackwell
Blanding               Brown, G.              Chamblee
Cooper                 Corbett                Cork
Foster                 Gentry                 Gordon
Hallman                Harris, J.             Harvin
Huff                   Johnson, J.W.          Keegan
Keesley                Keyserling             Kirsh
Lanford                Manly                  Martin, D.
McEachin               McElveen               McLeod
McTeer                 Neilson                Quinn
Rogers, T.             Rudnick                Sheheen
Tucker                 Waites                 Whipper
White                  Williams, D.           Williams, J.
Wofford

Total--46

So, the amendment was tabled.

AMENDMENT NO. 8--MOTION TO RECONSIDER TABLED

Rep. LIMEHOUSE moved to reconsider the vote whereby Amendment No. 8 was tabled.

Rep. FELDER moved to table the motion to reconsider, which was agreed to.

Reps. McLEOD and G. BROWN proposed the following Amendment No. 9, which was tabled.

Amend 44-56-35.

The operator of any hazardous waste landfill in S.C. shall submit to DHEC a contingency plan which establishes procedures for action in the event of leak, spill or seepage of any kind from the facility.

Rep. McLEOD explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 49; Nays 36

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Boan                   Brown, H.
Brown, J.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cole                   Faber                  Fant
Felder                 Gregory                Harrison
Haskins                Holt                   Jaskwhich
Johnson, J.W.          Kay                    Kinon
Koon                   Limehouse              Littlejohn
McAbee                 McBride                McGinnis
Moss                   Nettles                Rama
Rhoad                  Sharpe                 Simpson
Smith                  Snow                   Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waldrop                Washington
Wells                  Winstead               Wofford
Wright

Total--49

Those who voted in the negative are:

Altman                 Bailey, J.             Bailey, K.
Barber                 Barfield               Baxley
Blackwell              Blanding               Brown, G.
Chamblee               Cooper                 Corbett
Cork                   Corning                Davenport
Foster                 Gentry                 Gordon
Hallman                Harris, J.             Harvin
Keegan                 Keesley                Keyserling
Kirsh                  Lanford                Manly
McEachin               McElveen               McLeod
Neilson                Quinn                  Rogers, T.
Rudnick                Sheheen                Waites

Total--36

So, the amendment was tabled.

Reps. G. BROWN, BAXLEY, McELVEEN, McLEOD and BLANDING proposed the following Amendment No. 10, which was tabled.

Add at page 2, line 40, after "time", to read:

And further it is the policy of the state that all out-of-state waste of any kind is not desirable and should be prohibited.

Rep. G. BROWN explained the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 49; Nays 42

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Blackwell              Boan
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burriss, M.D.          Burriss, T.M.
Carnell                Clyborne               Cole
Davenport              Faber                  Felder
Foster                 Gregory                Harrison
Harwell                Haskins                Holt
Kay                    Kohn                   Koon
Littlejohn             Martin, L.             McAbee
McBride                Moss                   Nettles
Rama                   Rhoad                  Rogers, J.
Simpson                Snow                   Taylor
Tucker                 Vaughn                 Waldrop
Washington             Wells                  Wilder
Williams, D.           Winstead               Wofford
Wright

Total--49

Those who voted in the negative are:

Altman                 Bailey, J.             Bailey, K.
Barber                 Barfield               Baxley
Blanding               Brown, G.              Chamblee
Cooper                 Corbett                Cork
Derrick                Elliott                Gentry
Glover                 Gordon                 Hallman
Harris, J.             Harvin                 Hendricks
Huff                   Keegan                 Keesley
Keyserling             Kirsh                  Lanford
Martin, D.             McElveen               McGinnis
McLellan               McLeod                 Neilson
Nesbitt                Quinn                  Rogers, T.
Rudnick                Sheheen                Smith
Townsend               Waites                 Wilkes

Total--42

So, the amendment was tabled.

LEAVE OF ABSENCE

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

Rep. McLEOD proposed the following Amendment No. 12, which was tabled.

The Department of Health and Environmental Control shall evaluate annually the effect of increased fees for burial, interstate arrangements or compacts, alternate methods of storage or disposal, recycling, incineration, and other methods of treatment and other factors which tend to reduce the volume of hazardous waste. The results of the Department of Health and Environmental Control evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, together with the department's recommendations for reduced landfill capacity.

Rep. McLEOD explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 47; Nays 36

Those who voted in the affirmative are:

Alexander, T.C.        Baker                  Boan
Brown, H.              Brown, J.              Bruce
Burriss, M.D.          Carnell                Clyborne
Cole                   Cooper                 Davenport
Derrick                Faber                  Fant
Felder                 Foster                 Gregory
Harrison               Haskins                Holt
Jaskwhich              Kay                    Kohn
Koon                   Littlejohn             Martin, L.
McAbee                 McBride                Moss
Nettles                Rama                   Rhoad
Rogers, J.             Short                  Simpson
Smith                  Snow                   Taylor
Tucker                 Vaughn                 Waldrop
Washington             Wilder                 Winstead
Wofford                Wright

Total--47

Those who voted in the negative are:

Altman                 Bailey, J.             Bailey, K.
Barfield               Baxley                 Blackwell
Blanding               Brown, G.              Cork
Elliott                Gentry                 Hallman
Harris, J.             Harvin                 Hendricks
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Lanford
McEachin               McElveen               McLeod
McTeer                 Neilson                Nesbitt
Quinn                  Rogers, T.             Rudnick
Sheheen                Stoddard               Townsend
Waites                 Whipper                Wilkes

Total--36

So, the amendment was tabled.

Reps. McELVEEN, G. BROWN, McLEOD, BAXLEY and BLANDING proposed the following Amendment No. 14.

Amend 44-56-35 by adding:

No hazardous waste treatment, storage or disposal facility shall be allowed to operate, expand, or continue to operate if such facility is: (1) in or adjacent to wetlands; (2) located in other environmentally sensitive areas; or (3) located in an area which, in the determination of the department, is unsuitable for such facility. Any existing facility which the department determines is so located shall be closed no later than 60 months after such determination according to a plan developed by the department and approved by its board.

Rep. McELVEEN explained the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 14, Rep. McELVEEN having the floor.

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.

PRESENTATION OF SOUTH CAROLINA FOLK
HERITAGE AWARD WINNERS

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4693 -- Reps. Keyserling, J. Harris, Nesbitt, Manly, Keesley, H. Brown, Whipper and Waites: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1990 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 11, 1990, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The South Carolina Folk Heritage Award Winners and distinguished party were escorted to the rostrum by Senators J. Verne Smith, Courson, Fielding and Hayes and Representatives KEYSERLING, KEESLEY, WHIPPER and H. BROWN.

The Lt. Governor made the following opening remarks:

"For as long as there has been a South Carolina, there have been men and women who have contributed their artistic talents to improving the quality of life of all of our citizens. Today, we are honoring some of our finest South Carolinians, who are keeping a very special art alive in our great state. We will honor four folk artists or folk artist groups for their excellence in practicing their craft for their lifetime of the community where they are serving and learning, practicing and teaching their particular skills. The Folk Heritage Award was created by the South Carolina General Assembly three years ago, prompted by the members of the Joint Committee on Cultural Affairs. These awards annually recognize no more than four South Carolinians for lifetime achievements and traditional folk art. Each of these artists enriches the lives of persons in their communities and in our state through their very unique talents. We thank them and congratulate them and hope that this rich cultural heritage of our state will continue through the 90's and into the 21st century and beyond. At this time, it gives me a great deal of pleasure to introduce to you and turn it over to the Honorable Robert Sheheen, who will present to you the winners of the 1990 Folk Heritage Awards."

SPEAKER SHEHEEN made the following remarks:

"Thank you, Mr. President...Before we present the award winners today, I would like to recognize several people who have made a significant contribution to this year's selection of the winners and to the presentation ceremony today and the reception that will follow after the Joint Assembly adjourns. Thanks go out to the McKissick Museum and the Joint Committee on Cultural Affairs, chaired by Representative Harriet Keyserling, for the coordination of the event today. We want to thank, also, the members of the Folk Heritage Awards Advisory Committee and their names are published in your program, for generously volunteering their time and efforts to plan the program, but more importantly, to select the winners, who are going to be presented today. The folk artists who are with us today represent unique and cherished traditions which are the essence of South Carolina. We hope that with the legislature's continued encouragement and support that they will protect and perpetuate those unique skills, so that those skills will not be lost to future generations. I'm going to introduce each one of this year's winners to you, with a brief description of the particular skill of each one. Our first winner today that we are going to recognize is Grover 'Billy' Hammond, a native of Clarks Hill and Edgefield County. He is one of our few folk artists left making split white oak baskets. The thin strips or splits that can be riven from white oak have been an essential resource in our state's agricultural life. Split oak basket makers have worked with a small number of basic weaving patterns to produce an impressive variety of projects ranging from chair seats to cotton hampers. Mr. Hammond has generously given his time to spreading knowledge of the craft, demonstrating at numerous craft fairs and living history exhibits throughout South Carolina. He was nominated by Representative Billy Keesley. We congratulate Mr. Hammond. Our second recipient today is really a group of recipients. The Moving Star Hall Singers are a small family group of singers and shouters from the Moving Star Hall Praise House of Johns Island. They are a family group spanning two generations. Moving Star Hall is one of the last remaining praise houses of the South Carolina sea islands. It was here that the powerful and moving shouting style of praise house religious songs developed during and after the period of slavery. The Moving Star Singers have taken their songs, games, stories and occupational skills of sea island culture all over the United States. Today, we recognize them as very special ambassadors and keepers of our great state's heritage and they are nominated by Representative Washington from Charleston and Representative Whipper, from Charleston, nominated our next recipient, the Mt. Pleasant Sweetgrass Basketmakers' Association. That association has transmitted through generations the 300 year-old craft of sweetgrass basket making. Mt. Pleasant is the only place where this type of basket making is practiced and it is one of the oldest art forms of African origin in the United States. We recognize and honor the association for its members' lifelong achievements and for its work to perpetuate a valuable craft that is, unfortunately, is in decline. Accepting the award today for the Mt. Pleasant Sweetgrass Basketmakers' Association is Ms. Marjorie Milton. Our final recipient today is someone who many of us already know and have known through his 40 years of playing the blues on his $5 guitar. Mr. Drink Small is well known to all of us, but many of you who are with us today may not know that he is one of the few people that can play the Piedmont Blues, a style that requires rapid picking of the strings. As Mr. Small said, 'you can't find Piedmont Blues in college. People there have a tendency to teach it too academic. A Piedmont man can be someone who can't even read his name.' So, Drink Small has participated in the folk heritage apprentice program to teach his Piedmont Blues, playing to younger folks, so that the craft will not be lost. Today, we recognize and honor Mr. Drink Small for his devotion to his art and we officially pronounce him as South Carolina's 'blues doctor'."

Rep. KEYSERLING presented the Folk Heritage Awards to the winners and SPEAKER SHEHEEN then recognized the Moving Star Hall Singers and Mr. Drink Small, who performed for the Joint Session.

Upon the conclusion of the presentation, the honored guests and their escort party retired from the Chamber.

ELECTION OF A SUPREME COURT JUSTICE, CIRCUIT
COURT JUDGE AND FAMILY COURT JUDGE

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1433 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 11, 1990, AT 12:30 P.M., AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE ERNEST A. FINNEY, JR., ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1990, A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JONATHAN Z. MCKOWN, RESIDENT CIRCUIT JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, WHO IS RETIRING EFFECTIVE MAY 7, 1990; AND SUCCESSORS TO THE HONORABLE JAMES A. SPRUILL, JR., FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERMS EXPIRE JUNE 30, 1990.

The President announced that nominations were in order for a Supreme Court Justice, Family Court Judges, and a Circuit Court Judge.

Rep. J. ROGERS, on behalf of the Joint Screening Committee nominated the following candidates:

Supreme Court Justice - Ernest A. Finney, Jr. of Sumter

Circuit Court Judge, Seventh Judicial Circuit - James Cleveland Ferguson, Sr. of Spartanburg

Family Court Judges

Fourth Judicial Circuit, Seat 3 - James A. Spruill, III of Cheraw

Sixth Judicial Circuit, Seat 2 - Thomas B. Barrineau, Jr. of Winnsboro

Rep. BLANDING, on behalf of the Sumter Delegation, seconded the nomination of Associate Justice Finney.

On motion of Senator Mitchell 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 the Honorable Ernest A. Finney, Jr., the Honorable James Cleveland Ferguson, Sr., the Honorable James A. Spruill, III and the Honorable Thomas B. Barrineau, Jr. were duly elected for the term prescribed by law.

RECORD FOR JOURNAL

Had there been an election for the Seventh Judicial Circuit, and based on the report of the Screening Committee, I could not in good conscience vote for Rep. FERGUSON and would wish to be recorded as voting "no".

Rep. DILL BLACKWELL

JOINT ASSEMBLY RECEDES

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.

THE HOUSE RESUMES

At 12:35 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4975 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE ROGER L. FLOWERS, MEMBER OF THE AGRICULTURE COMMISSION OF SOUTH CAROLINA, AND FLOWERS FARMS OF SUMMERTON, CLARENDON COUNTY, UPON THE CELEBRATION OF THEIR TWENTY-FIFTH ANNIVERSARY OF FARM OPERATIONS.

H. 4976 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE WILLIAMSBURG COUNTY DEPARTMENT OF SOCIAL SERVICES AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.

H. 4977 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF LANE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. BAKER adjourned in memory of Mrs. Wayne Rogers of Greenville County to meet at 10:00 a.m. tomorrow.

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