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

TUESDAY, MAY 22, 1990

Tuesday, May 22, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Our Heavenly Father, Whose life is within us, Whose love is about us, and Whose light shines upon our way, make Your ever abiding leading manifest as we go about our daily duties. May we move through the hours of this day seeking to be a blessing to others and endeavoring to lift the heavy load of all. Since we are partners together with You for the welfare of our beloved State, may we rise above discouragement and come into an awareness of Your help which carries a victory that overcomes the world.

Give us the wisdom to make wise decisions, the ability to speak sincerely, and the courage to act decisively for the good of South Carolina and the welfare of mankind.

To this end we commit ourselves this day. 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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 16, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 1403:
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it refused to concur in the amendments proposed by the House to S. 1403:
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
Very respectfully,
President

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.

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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 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. 1411:
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, Hinds and Long of the Committee of Free Conference on the part of the Senate on H. 3129:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Very respectfully,
President

No. 130

Received as information.

S. 1238--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 22, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 1238:
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
Very respectfully,
President

On motion of Rep. MOSS, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. LANFORD, MOSS, and T.C. ALEXANDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 1524--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. McEACHIN the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.

S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

REPORTS OF STANDING COMMITTEE

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 1251 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 1546 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS FOR SOUTH CAROLINA GENERAL HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5130 -- Rep. Mappus: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. MATTHEW'S LUTHERAN CHURCH OF CHARLESTON UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5131 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Harrison, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE C. A. JOHNSON HIGH SCHOOL IN COLUMBIA IN CELEBRATING FORTY YEARS OF PROVIDING EDUCATIONAL OPPORTUNITIES FOR GROWTH IN COLUMBIA AND TO WISH IT WELL IN CONTINUING ITS LEGACY IN THE TWENTY-FIRST CENTURY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1608 -- Senator Leatherman: A CONCURRENT RESOLUTION TO CONGRATULATE DR. WALTER DOUGLAS SMITH OF FLORENCE COUNTY UPON RECEIVING THE 1990 "OUTSTANDING OLDER SOUTH CAROLINIAN" AWARD PRESENTED BY THE SOUTH CAROLINA COMMISSION ON AGING.

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. 1612 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MISS MARIE C. BUCK OF AIKEN COUNTY WHO DIED ON SATURDAY, MAY 12, 1990.

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

INTRODUCTION OF BILLS

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

H. 5132 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-585 SO AS TO PROVIDE THAT A DESIGNATED INSURER PRODUCER OF THE REINSURANCE FACILITY IS ENTITLED TO APPOINT ONE OF ITS OFFICERS OR EMPLOYEES TO THE GOVERNING BOARD OF THE FACILITY UNDER CERTAIN CONDITIONS.

Without reference.

H. 5133 -- Anderson Delegation: A BILL TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.

On motion of the Anderson Delegation, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1530 -- Judiciary Committee: A BILL TO ENACT "THE OMNIBUS DRUG OFFENSES ACT OF 1990" SO AS TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "ICE" OR "CRANK"; TO AMEND SECTION 44-53-370(a), RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE DELIVERY, PURCHASE, OR ATTEMPTED MANUFACTURE, DISTRIBUTION, DISPENSING, DELIVERY, OR PURCHASE AS PROHIBITED ACTS; TO AMEND ITEM (e) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE THE CULTIVATION OR PURCHASE AND ATTEMPTED POSSESSION AS PROHIBITED ACTS; TO AMEND SUBITEM (e)(1) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF ONE HUNDRED TO ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWENTY-FIVE THOUSAND DOLLARS, THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF MORE THAN ONE THOUSAND MARIJUANA PLANTS, BUT LESS THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF FIFTY THOUSAND DOLLARS, AND THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN THOUSAND MARIJUANA PLANTS OR MORE THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A TERM OF IMPRISONMENT OF TWENTY-FIVE TO THIRTY YEARS WITH A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWO HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 44-53-375, RELATING TO PENALTIES FOR POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE, SO AS TO INCLUDE REFERENCES TO "ICE" AND "CRANK", TO PROHIBIT ATTEMPTED POSSESSION OF THESE SUBSTANCES, AND TO ADD A NEW OFFENSE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE"; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE TOTAL WEIGHT OF THE SUBSTANCE IN ITS PURE FORM OR AS A MIXTURE IS THE APPROPRIATE WEIGHT TO BE CONSIDERED FOR PURPOSES OF THIS ARTICLE; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A RADIUS OF ONE-HALF MILE OF A SCHOOL, SO AS TO EXPAND THE TERRITORIAL AREA IN WHICH A VIOLATION IS POSSIBLE; TO AMEND CHAPTER 53, TITLE 44, 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; TO AMEND CHAPTER 53, TITLE 44, 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, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND ITEM (6) OF SECTION 44-53-520(a), AS AMENDED, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES AND THEIR COMPOUNDS, SO AS TO ALLOW FOR THE FORFEITURE OF SUCH CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) OR SECTION 44-53-370(e); TO AMEND CHAPTER 53, TITLE 44, 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 AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 1, TITLE 56, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-745 SO AS TO REQUIRE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE UPON A CONTROLLED SUBSTANCE CONVICTION UNDER CHAPTER 53 OF TITLE 44 AND TO PERMIT ISSUANCE OF A RESTRICTED TO AND FROM WORK LICENSE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN DRUG-RELATED OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.

Referred to Committee on Judiciary.

S. 1603 -- Senator Bryan: A BILL TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.

On motion of J.W. JOHNSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1607 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RULE 5.12--WAIVED

Rule 5.12 was waived by unanimous consent.

Without reference.

H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5138 -- Rep. Koon: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE GILBERT-SUMMIT RURAL WATER DISTRICT.

On motion of Rep. KOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5134 -- Reps. J. Bailey, Holt, Winstead, Whipper, Hallman, Rama, Barber, Washington and D. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE GENERAL ASSEMBLY TO CHARLESTON FIRE CHIEF AND MRS. WILMOT EARL GUTHKE UPON THE OCCASION OF THEIR UPCOMING FIFTIETH WEDDING ANNIVERSARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5135 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY MARGARET HAMILTON BROWN OF COLUMBIA FOR HER LOVING AND DEDICATED SERVICE OVER A PERIOD OF TWENTY YEARS AS A KINDERGARTEN TEACHER AT SHANDON PRESBYTERIAN CHURCH IN COLUMBIA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5136 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Harrison, McBride, Quinn, Taylor and Waites: A CONCURRENT RESOLUTION CONGRATULATING MR. DONALD GIST UPON BEING NAMED THE NEW COMMISSIONER OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND AND EXTENDING BEST WISHES FOR A SUCCESSFUL ADMINISTRATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1613 -- Senators Patterson, Courson, Giese and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE C. A. JOHNSON HIGH SCHOOL IN COLUMBIA IN CELEBRATING FORTY YEARS OF PROVIDING EDUCATIONAL OPPORTUNITIES FOR GROWTH IN COLUMBIA AND TO WISH IT WELL IN CONTINUING ITS LEGACY IN THE TWENTY-FIRST CENTURY.

The Concurrent Resolution was ordered referred to the Richland Delegation.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barfield               Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Davenport              Derrick                Faber
Fair                   Fant                   Farr
Felder                 Gentry                 Glover
Gordon                 Hallman                Harris, P.
Harrison               Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Simpson
Smith                  Snow                   Taylor
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 22, 1990.

Jack Gregory                      Alex Harvin, III
Paul Short                        Mike Jaskwhich
Robert Barber                     Roland S. Corning
Mickey Burriss                    Robert A. Kohn
Thomas E. Huff                    Tom Limehouse
Lanny Littlejohn                  Jean Harris
Gene Stoddard                     John B. Williams
James C. Johnson                  Dick Elliott
Joseph McElveen                   Samuel R. Foster
Total Present--120

STATEMENT OF ATTENDANCE

Rep. ALEX C. HARVIN, III signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 16.

LEAVES OF ABSENCE

The SPEAKER granted Reps. TOWNSEND and BAXLEY a leave of absence for the day.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Lowry King of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. G. BAILEY presented the St. George High School Eagles Basketball Team and the Dorchester Academy Raiders Basketball Team, 1988 and 1989 State Championship winners in their Division.

SPECIAL PRESENTATION

Rep. GLOVER, on behalf of the Florence Delegation, presented Dr. Walter Douglas Smith of Florence County, recipient of the 1990 Outstanding Older South Carolinian Award.

H. 3104--CONFERENCE REPORT ADOPTED

The following was received.

CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 17, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     Section 7-15-320 of the 1976 Code, as last amended by Act 193 of 1989, is further amended to read:

"Section 7-15-320. (A) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board may vote by absentee ballot whether or not absent from their county of residence:

(1) students, their spouses, and dependents residing with them;

(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3) persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4) persons in employment;

(5) physically disabled persons;

(6) governmental employees, their spouses, and dependents residing with them;

(7) electors with a death or funeral in the family within a three-day period before the election;

(8) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(9) poll managers, county voter registration board members and staff, county election commission members and staff working on election day;

(10) overseas citizens;

(11) persons attending sick or physically disabled persons;

(12) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;

(13) persons who will be serving as jurors in a state or federal court on election day.:

(1) students, their spouses, and dependents residing with them (The term 'students' means all persons residing outside of the counties of their respective residences, enrolled in an institution of learning.);

(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3) persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4) governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open;

(5) electors with a death or funeral in the family within a three-day period before the election;

(6) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(7) overseas citizens; and

(8) persons whose employment obligations require that they be absent from their county of residence on election day during the hours the polls are open.

(B) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections whether or not absent from his county of residence:

(1) physically disabled persons (The term 'physically disabled person' means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically inside or outside his county of residence.);

(2) poll managers, county voter registration board members and staff, and county election commission members and staff working on election day;

(3) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before an election;

(4) persons whose employment obligations require that they be at their place of employment in their county of residence during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board;

(5) persons attending sick or physically disabled persons;

(6) persons who will be serving as jurors in a state or federal court on election day; and

(7) persons seventy-two years of age or older."

SECTION 2. Section 7-15-340 of the 1976 Code, as last amended by R. 392, Act ___ of 1990, is further amended to read:

"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such election officials must be in the following a form prescribed by the State Election Commission in conformity with this article and signed by the applicant under penalty of law; except that persons listed in Section 7-15-320(A)(2), (3), (6) (4), and (10) (7) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered.

APPLICATION FOR ABSENTEE BALLOT
TO THE BOARD OF VOTER REGISTRATION:
------- COUNTY

I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ---- day of -------- 19--. (If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: [ ])

(If a ballot is requested for a primary election, print your political party preference in this space --------.)

I am a qualified elector and am registered to vote in the -------- precinct and -------- State House of Representatives District (if known). My registration certificate number is --------. My full name is ----------------. Please Print

I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:

(CHECK APPROPRIATE BOX)

[ ] 1. Students, their spouses, and dependents residing with them.
(The term "students" shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).

[ ] 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

[ ] 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.

[ ] 4. Employment. (The term "employment" means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).

[ ] 5. Physically disabled person. (The term "physically disabled person" means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).

[ ] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

[ ] 7. Death in family, or attending funeral within a three-day period of election.

[ ] 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

[ ] 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day.

(Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).

[ ] 10. Overseas citizens.

[ ] 11. Persons attending sick or physically disabled persons.

[ ] 12. Persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election.

My home address in South Carolina as shown on my registration certificate is: My absentee mailing address (address to which absentee ballot should be mailed) is: Signature Social Security or Identification Number."

SECTION     3.     Section 7-9-100 of the 1976 Code, as last amended by Act 136 of 1989, is further amended to read:

"Section 7-9-100. The state convention shall meet at a location in this State determined by the state committee to have adequate facilities during a thirteen-month period ending May fifteenth of every general election year on a day and at a time fixed by the state committee and announced publicly at least ten days before the meeting. The state committee shall must notify the delegates to the state convention of the accommodations that are available for the delegates during the convention. This listing must be as complete as practicable and must include the accommodations in close proximity to the convention site as well as any other accommodations that are chosen by the state committee. This notice must include the name and location of the accommodations, the cost per day, and any discounts or surcharges that are applicable during the period of the convention. Should the state committee fix the date for the state convention in a nongeneral election year, it must be held for the purpose of reorganization only. The convention to be held for the purpose of nominating candidates for public office to be filled in the general election must be held in the general election year. At the time that the state committee sets the date for the state convention it shall set what month during the twelve-month period ending March thirty-first of every general election year that the county convention must be held. If it sets a month in a nongeneral election year for the county conventions to be held for the purpose of reorganization, it must set a month during the general election year for the county convention to be reconvened for the purpose of nominating candidates for public office to be filled in the general election. Sufficient advance notice of the month set for county conventions must be given to county executive committees so that the public notices required by law may be met. The convention must be composed of delegates elected by the county conventions. Each county is entitled to one delegate for each six thousand residents of the county, according to the latest official United States Census, plus two additional members. If a county has a fractional portion of population of at least three thousand residents above its last six thousand resident figure it is entitled to an additional delegate. In addition to the delegates described above, each member of the General Assembly shall be a delegate to the appropriate state convention. Members of the General Assembly serving as delegates shall have the same rights, privileges, and duties as other delegates. When the state convention assembles, it must be called to order by the chairman of the state committee. A temporary president must be nominated and elected by the convention, and after its organization the convention shall proceed immediately to the election of permanent officers and to the transaction of business. When the business has concluded, it shall adjourn sine die, or may recess. The state chairman may recall the state convention into special session at any time he determines appropriate.

The officers of the state convention must be a president, vice president, two secretaries and a treasurer. Each county delegation to a state convention may fill any vacancies therein. Any county failing or refusing to organize under the provisions of this title may not have representation in the state convention. The state officers must be reported to the Secretary of State and to the State Election Commission within fifteen days of their election and the reports must be public record."

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

Isadore E. Lourie                 Terry E. Haskins
David L. Thomas                   Joseph B. Wilder
Frank Gilbert                     James J. Bailey
On Part of the Senate.                 On Part of the House.

Reps. KIRSH and KLAPMAN spoke against the Conference Report.

Rep. WILDER spoke in favor of the Conference Report.

The question then recurred to the adoption of the Conference Report.

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

Yeas 87; Nays 15

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Beasley
Bennett                Blackwell              Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cole                   Corbett
Cork                   Faber                  Farr
Felder                 Foster                 Gentry
Gordon                 Harris, J.             Harris, P.
Harwell                Haskins                Hayes
Hendricks              Huff                   Johnson, J.W.
Keyserling             Kinon                  Koon
Lanford                Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Smith
Snow                   Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Winstead               Wofford

Total--87

Those who voted in the negative are:

Chamblee               Cooper                 Corning
Davenport              Fair                   Hallman
Harrison               Jaskwhich              Kay
Keegan                 Keesley                Kirsh
Klapman                Simpson                Wright

Total--15

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3129--FREE CONFERENCE REPORT ADOPTED

The following was received.

FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 17, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION 1.     Section 38-1-20(21) of the 1976 Code is amended to read:

"(21)     'Insurance broker' means an individual licensed by the Commissioner to represent citizens of this State for the in placing of their insurance in insurers licensed in this State or in any other state or country. An insurance broker may place that insurance either with an eligible surplus lines insurer or with a licensed insurance agent in an insurance carrier licensed in this State."

SECTION 2.     Section 38-1-20(37.5) of the 1976 Code is amended to read:

"(37.5)     'Surplus lines insurance' means any insurance in this State of risks located or to be performed in this State, permitted to be placed through a resident broker with a nonadmitted insurer eligible to accept such the insurance, other than reinsurance, wet marine and transportation insurance, insurance independently procured, and life and health insurance and annuities. Excess and stop-loss insurance coverage upon group life, accident, and health insurance or upon a self-insured's life, accident, and health benefits program may be approved as surplus lines insurance."

SECTION 3.     Section 38-45-10 of the 1976 Code is amended to read:

"Section 38-45-10.     The term 'insurance 'Insurance broker' as used in this chapter means an individual licensed by the Commissioner to represent citizens of this State for the in placing of their insurance in insurers licensed in this State or in any other state or country. An insurance broker may place that insurance either with an eligible surplus lines insurer or with a licensed insurance agent in an insurance carrier licensed in this State."

SECTION 4. Chapter 77 of Title 38 of the 1976 Code is amended by adding:

"Section 38-77-595. The Governing Board may designate an applicant who otherwise would be ineligible for designation because of a direct or indirect connection with a voluntary market outlet for automobile insurance, if that connection is due to the ability to write 'small commercial risks', as defined in Section 38-77-30(11). The Governing Board may designate the applicant for the limited purpose of servicing risks of 'individual private passenger automobile' insurance, as defined in Section 38-77-30(5.5), when it determines that insufficient market outlets exist in a particular area previously served by the applicant for 'individual private passenger automobile' insurance."

SECTION 5.     Section 38-77-590(c)(1) of the 1976 Code is amended to read:

"(1)     The applicant has been, for five ten continuous years, a licensed, resident property and casualty insurance agent and agency owner or principal with authority from one or more licensed insurers to write liability and physical damage insurance on private passenger automobiles;"

SECTION 6.     This act takes effect upon approval by the Governor./

Amend title to conform.

Edward E. Saleeby                 Robert N. McLellan
Douglas L. Hinds                  Robert B. Brown
J. M. Long, Jr.                   Theodore T. Mappus, Jr.
On Part of the Senate.                 On Part of the House.

Rep. McLELLAN explained the Free Conference Report.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3129:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Very respectfully,
President

No. 132

H. 3129--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

Rep. J. ROGERS moved that the House recede until 2:30 P.M.

Rep. CARNELL moved that the House do now adjourn.

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 8; Nays 84

Those who voted in the affirmative are:

Carnell                Davenport              Foster
Harris, P.             Kay                    Kirsh
Limehouse              McAbee

Total--8

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Barfield               Beasley
Bennett                Blackwell              Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, T.M.          Chamblee               Cole
Cooper                 Corbett                Cork
Corning                Derrick                Fair
Farr                   Felder                 Gentry
Hallman                Harris, J.             Harrison
Harwell                Haskins                Hayes
Hendricks              Holt                   Johnson, J.W.
Keegan                 Keesley                Keyserling
Kinon                  Kohn                   Lanford
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McCain                 McElveen               McKay
McLellan               McTeer                 Moss
Neilson                Nesbitt                Phillips
Quinn                  Rama                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Taylor                 Tucker                 Vaughn
Waites                 Waldrop                Whipper
Wilder                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--84

So, the House refused to adjourn.

The question then recurred to the motion that the House recede until 2:30 P.M., which was agreed to.

THE HOUSE RESUMES

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

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

MOTION ADOPTED

Rep. RAMA moved that when the House adjourns it adjourn in memory of William O. Harbeson, which was agreed to.

SENT TO THE SENATE

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

H. 5127 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.

H. 5128 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANDRUM SPORTS ASSOCIATION, INC., IN SPARTANBURG COUNTY.

H. 5129 -- Rep. Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN PHOTOGRAPHIC LABORATORY, INC., IN DARLINGTON COUNTY.

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

S. 1136--DEBATE ADJOURNED

Rep. CORBETT moved to adjourn debate upon the following Bill until Wednesday, May 23, which was adopted.

S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.

S. 951--DEBATE ADJOURNED

Rep. BENNETT moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted.

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

S. 1405--DEBATE ADJOURNED

Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Wednesday, May 23, which was adopted.

S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

H. 4830--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, May 23, which was adopted.

H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.

H. 4960--OBJECTION, AMENDED AND ORDERED TO
THIRD READING

The following Bill was taken up.

H. 4960 -- Reps. Neilson, Littlejohn, G. Brown, Wells, Holt, J. Bailey, Winstead, Waldrop, McKay, McGinnis, Beasley and Vaughn: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1469o), which was adopted.

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

/SECTION     1.     Title 8 of the 1976 Code is amended by adding:

"CHAPTER 16
Drug Testing for
Prospective State and Local Employees

Section 8-16-10. This chapter is known and may be cited as the South Carolina State and Local Government Prospective Employee Drug Testing Act.

Section 8-16-20. As used in this chapter:

(1)     'Drugs' means any substance described in Schedules I through V, as contained in Chapter 44 of Title 53;

(2)     'Employer' means this State and its political subdivisions including their agencies and departments;

(3)     'Prospective employee' means any person who has made application to an employer, whether written or oral, to become an employee;

(4)     'Sample' means urine, blood, breath, saliva, or hair.

Section 8-16-30. An employer is required to test a prospective employee for the presence of drugs, in accordance with the provisions of this chapter, who is being considered for a particular position before the final hiring selection for that position is made if the position qualifies the prospective employee to participate in any of the following four state retirement funds:

(1)     South Carolina Retirement System;

(2)     Retirement System for Judges and Solicitors;

(3)     Retirement System for members of the General Assembly; and

(4)     Police Officers Retirement System.

Section 8-16-40.     An employer may require samples from his prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter and enough sample must be taken for the initial test of the employer and a confirmation test if desired by the prospective employee. The employer may designate the type of sample to be used for this testing.

Section 8-16-50.     An employer shall pay all costs of the initial testing for drugs required by the employer, and the employee, if he desires confirmation testing or retesting in the manner provided by this chapter, shall pay the costs of this retesting.

Section 8-16-60.     All sample collection and testing of drugs under this chapter must be performed in accordance with the following conditions:

(A) The collection of samples must be performed under reasonable and sanitary conditions.

(B) Sample collections must be documented, and these documentation procedures include:

(1)     labeling of samples to reasonably preclude the probability of erroneous identification of test results;

(2)     an opportunity for the prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.

(C)     Sample collection, storage, and transportation to the place of testing must be performed so as to reasonably preclude the probability of sample contamination or adulteration.

(D)     Sample testing must comply to scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control for this purpose. Testing must include verification or confirmation of any positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the result of any test may be used as a basis for any action by an employer.

Section 8-16-70. (A) The Budget and Control Board for state agencies and departments and the governing body of a political subdivision of this State for agencies and departments of that subdivision shall establish guidelines and model policies for the testing required by this chapter for use by employers. The governing body of the political subdivision may adopt the Budget and Control Board guidelines and model policies as its guidelines and model policies. The Department of Health and Environmental Control shall provide and periodically update a list of approved or licensed substance abuse rehabilitation centers in the State by area and a list of approved rehabilitation centers throughout the country.

(B)     Within the terms of these guidelines and policies, an employer shall require of those prospective employees to be tested the collection and testing of samples for the purpose of determining the prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.

(C)     The employer's use and disposition of all drug test results are subject to the limitations of this chapter.

Section 8-16-80.     (A) Upon receipt of a verified or confirmed positive drug test result which indicates the use of this substance by the prospective employee, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.

(B)     If the employer refuses to hire a prospective employee based on a confirmed positive drug test result or for other reasons as provided in this chapter, the employer shall notify the prospective employee of the test result and refer the prospective employee to a list of public and private Department of Health and Environmental Control licensed or approved substance abuse rehabilitation centers in the area so that the prospective employee may seek rehabilitation at his own expense.

(C)     If a prospective employee has been refused a position with the employer because of a confirmed positive drug test result or for other reasons as provided in this chapter, the prospective employee may not be considered for employment if he reapplies for a position unless (1) the prospective employee presents evidence that he has successfully completed rehabilitation at a department licensed or approved public or private substance abuse rehabilitation center or at a department approved rehabilitation center in another state, or (2) six months have passed since the date of the prospective employee's rejection for employment.

Section 8-16-90. If the initial drug test of the prospective employee is positive, the prospective employee is entitled to require the employer to submit the remaining portion of the sample taken to an approved laboratory for a confirmation test. If the results of the confirmation test are also positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.

Section 8-16-100. No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following:

(1)     failure to test for drugs, or failure to test for a specific drug or other substance;

(2)     failure to test for, or if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or

(3)     termination or suspension of any drug or testing program or policy.

Section 8-16-110.     (A)     No cause of action arises in favor of any person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.

(B)     In any claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:

(1)     it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and

(2)     the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.

Section 8-16-120.     No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug testing in accordance with this chapter, unless:

(1)     the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee;

(2)     the information disclosed was a false test result;

(3)     the false test result was disclosed with malice; and

(4)     all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.

Section 8-16-130.     No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug testing.

Section 8-16-140.     All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter."

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

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

Rep. KIRSH objected to the Bill.

Rep. M.O. ALEXANDER continued speaking.

Rep. NEILSON explained the amendment.

The amendment was then adopted.

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

S. 698--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1555o), which was adopted.

Amend the bill, as and if amended, in Section 40-59-77(B) of the 1976 Code, as contained in SECTION 8, by striking the last sentence of the first paragraph of the subsection which begins on line 41 of page 8 and inserting:
/The commission shall set a fee for application and a certification fee for each classification. Only one application fee is required no matter how many specialty classifications a residential specialty contractor applies for. The certification fee set by the commission may only cover the cost of testing for the specialty certification./

When amended, subsection (B) shall read:

/(B)     Residential specialty contractors must be qualified and experienced in the particular branches or fields of the contracting vocation in which they intend to, and do, engage. A certified residential specialty contractor may make application for classification, and be classified in, more than one classification if he meets the qualifications prescribed by the commission for the additional classification. The commission shall set a fee for application and a certification fee for each classification. Only one application fee is required no matter how many specialty classifications a residential specialty contractor applies for. The certification fee set by the commission may only cover the cost of testing for the specialty certification.

Residential specialty contractors certified by the commission are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. Any county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality./

Amend title to conform.

Rep. G. BAILEY explained the amendment.

The amendment was then adopted.

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

S. 1149--AMENDED AND POINT OF ORDER

The following Bill was taken up.

S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1474o), which was adopted.

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

/SECTION     1.     The General Assembly finds that the public interest may be served by the establishment, within the district created by the provisions of this act, of modern air transport facilities capable of providing service for all modern air transport, and that, in conjunction with a joint industrial or business park established by the counties of Florence, Darlington, Marion, and Dillon pursuant to Article VIII, Section 13(D) of the Constitution of this State, the modern air transport facilities may be efficiently and independently established and operated as an airport district consisting of the territories of those counties. The General Assembly has, therefore, determined to constitute all of the territory embraced by the counties of Florence, Darlington, Marion, and Dillon into an airport district, to commit to the district the functions of planning the establishment of the regional airport facility and proposing an agreement for the creation of the joint industrial and business park, and additionally, upon the approval of the joint industrial or business park by the governing bodies of each of the counties of Florence, Darlington, Marion, and Dillon, the functions of acquiring, constructing, operating, and maintaining adequate air transport facilities of suitable size and with suitable equipment to enable all types of air transport to utilize it; to authorize the airport district to finance all costs that may be incurred by it in the acquisition, construction, and equipment of the facilities through the issuance as defined in this act of general obligation bonds and revenue bonds of the district; and to authorize the district to operate, maintain, and develop the industrial or business park.

SECTION     2.     (A)     The territory of the counties of Florence, Darlington, Marion, and Dillon is constituted an airport district and a political subdivision of this State, the functions of which are public and governmental and the inhabitants of the territory are constituted a body politic and corporate. The corporate name of the airport district is the Pee Dee Regional Airport District and by that name the airport district may sue and be sued.

(B)     The corporate powers and duties of the Pee Dee Regional Airport District must be exercised and performed by an authority to be known as the Pee Dee Regional Airport Authority which consists of nine members. One member must be a resident of the city of Florence, appointed by the Governor upon recommendation of the Florence City Council. Two members must be residents of each of the counties of Florence, Darlington, Marion, and Dillon appointed by the Governor on the recommendation of the respective county councils. Terms of office are for four years, except that of those initially appointed one member from each of the four counties must be appointed for two-year terms. All members shall serve until their successors are appointed and qualify. Vacancies on the authority must be filled in the manner of their original appointment for the unexpired term. The authority shall elect its own officers with terms and duties as determined by the authority. The members of the authority must be compensated at the rate of fifty dollars a meeting, not to exceed twelve meetings a year.

(C)     Before July 1, 1992, the authority shall perform the functions of: studying the current airport facilities within the district; planning the establishment of regional airport facilities and the transfer of necessary properties; and proposing an agreement for a joint industrial or business park pursuant to Article VIII, Section 13(D) of the Constitution of this State among the counties of Florence, Darlington, Marion, and Dillon; and, upon the approval of the agreement by the governing bodies of each of those counties, effecting the transfer of such properties as may be necessary for the establishment of the regional airport facilities and the establishment of the joint industrial or business park. Until June 30, 1992, the authority may additionally:

(1)     adopt, use, and alter a corporate seal;

(2)     make bylaws for the management and regulation of its affairs, define a quorum for its meetings, and appoint subcommittees as it considers appropriate from within and without the authority to advise the authority;

(3)     appoint officers, agents, employees, and servants and prescribe the duties of them, including the right to appoint persons charged with the duty of enforcing the regulations promulgated pursuant to the provisions of this article, fix their compensation, and determine if, and to what extent, they must be bonded for the faithful performance of their duties;

(4)     employ or contract for services of a technical or professional nature as may be necessary or desirable to the performance of the duties of the authority;

(5)     apply for, accept, receive, receipt for, disburse, and expend federal, state, county, or municipal monies and other monies, public or private, made available by grant, to accomplish, in whole or in part, any of the purposes of this subsection;

(6)     acquire, by gift, devise, or other transfer that does not require payment by the district, any properties, real or personal, or any interest in them, and may lease, sell, transfer, and otherwise dispose of any or all of the property;

(7)     direct the auditors of each of Florence, Darlington, Marion, and Dillon Counties to levy a tax in fiscal year 1990-91 on all properties within the district, to be collected by the treasurers of Florence, Darlington, Marion, and Dillon Counties, in an amount equal to one mill, to be expended for the purposes and functions described above in this subsection, including use as seed or matching money for purpose of obtaining grants or other funds.

(D)     Upon the approval of an agreement by each of the counties of Florence, Darlington, Marion, and Dillon, for the establishing of a joint industrial or business park consisting of not less than all of the property to be owned by the Pee Dee Regional Airport District Authority other than such property actually used or held for use as a part of the airport facilities, the Florence City-County Airport Commission shall have prepared, within ninety days of the date of the approval, a final audit of the financial matters of the commission which audit must be presented to the Florence County and City Councils. In the event that the Pee Dee Regional Airport is to be located at the existing Florence Regional Airport, within ninety days after the completion of the audit, all properties owned by the City of Florence or Florence County in connection with the existing Florence Regional Airport must, to the extent required by the agreement, be conveyed to the authority and when it is conveyed Act 482 of 1973 is repealed. Upon the completion, approval, and execution of the joint industrial or business park agreement and the effecting of all transfers contemplated by this subsection, Section 3 of this act becomes effective, and is not effective until that time.

SECTION     3.     Chapter 11, Title 55 of the 1976 Code is amended by adding:

"Article 9
Florence, Darlington, Marion, and Dillon Counties

Section 55-11-610.     The territory of the counties of Florence, Darlington, Marion, and Dillon is constituted an airport district and a political subdivision of this State, the functions of which are public and governmental and the inhabitants of the territory are constituted a body politic and corporate. The corporate name of the airport district is the Pee Dee Regional Airport District, and by that name the airport district may sue and be sued.

Section 55-11-620.     The corporate powers and duties of the Pee Dee Regional Airport District must be exercised and performed by an authority to be known as the Pee Dee Regional Airport Authority which consists of nine members. One member must be a resident of the city of Florence, appointed by the Governor upon recommendation of the Florence City Council. Two members must be residents of each of the counties of Florence, Darlington, Marion, and Dillon appointed by the Governor on the recommendation of the respective county councils. Terms of office are for four years, except that of those initially appointed one member from each of the four counties must be appointed for two-year terms. All members shall serve until their successors are appointed and qualify. Vacancies on the authority must be filled in the manner of their original appointment for the unexpired term. The authority shall elect its own officers with terms and duties as determined by the authority. The members of the authority must be compensated at the rate of fifty dollars a meeting, not to exceed twelve meetings a year.

Section 55-11-630.     (A)     The authority shall perform the functions of planning, establishing, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, protecting, and policing such airports, air navigation, railroad, and other facilities as are necessary to serve the people of the district and the public generally. The authority may:

(1)     have and enjoy perpetual succession;

(2)     adopt, use, and alter a corporate seal;

(3)     make bylaws for the management and regulation of its affairs, and define a quorum for its meetings, and appoint such subcommittees as it considers appropriate from within and without the authority to advise the authority;

(4)     plan, establish, develop, construct, enlarge, improve, maintain, including the power to establish a reasonable reserve for maintenance, equip, operate, regulate, protect, and police in accordance with Section 55-9-230 its airports and air navigation facilities under such reasonable regulations as the authority may promulgate;

(5)     construct, maintain, and extend runways, terminals, maintenance shops, access roads, parking facilities, utilities systems, concessions, accommodations, and other facilities of whatever nature or kind for the comfort and accommodation of air travelers and air freight; to purchase and sell supplies, goods, and commodities as an incident to the operation of its airport facilities; and for all these purposes, the authority may, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire, hold, develop, and use, as well as lease, mortgage, sell, transfer, and dispose of any property, real, or personal, or any interest in it, including easements in or over land needed to prevent airport hazards, or land outside the boundaries of its airports and air navigation facilities necessary to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. However, the authority may not dispose of any interest in real property without first notifying the chairman of each of the governing bodies of Florence, Darlington, Marion, and Dillon Counties and conducting a public hearing which hearing must be advertised not less than seven days prior to the hearing in a newspaper or newspapers of general circulation in the district. For the purpose of this article, utilities systems means only facilities for the connection with and the provision of water or sewer services by the water and sewer systems of the City of Florence, its successors and assigns;

(6)     license, lease, sublease, rent, sell, or otherwise provide for the use of any personal property of its airport facilities or of facilities auxiliary to it, including the privilege of supplying goods, commodities, things, services, or facilities at the airport by itself or by any qualified persons or corporations, on terms and conditions as its discretion may dictate. The public may not be deprived of its rightful, equal, and uniform use of its airports and air navigation facilities;

(7)     (a)     promulgate regulations pursuant to and in accordance with Section 55-9-240 and Federal Aviation Regulations, Part 77;

(b)     apply to any court of general jurisdiction within the district for the enforcement of the regulation through the means of mandatory injunctions and other remedial proceedings and these courts are specifically empowered to render mandatory injunctions and other remedial orders as it appears to them to be just and reasonable;

(8)     exercise the power of eminent domain for any corporate function through procedure prescribed in Chapter 2 of Title 28;

(9)     appoint officers, agents, employees, and servants and prescribe the duties of them, including the right to appoint persons charged with the duty of enforcing the regulations promulgated pursuant to the provisions of this article, fix their compensation, and determine if, and to what extent, they must be bonded for the faithful performance of their duties;

(10)     employ or contract for services of a technical or professional nature as may be necessary or desirable to the performance of the duties of the authority;

(11)     contract for the construction, erection, maintenance, and repair of the facilities in its charge, through any procedure prescribed by law;

(12)     acquire, construct, maintain, equip, and operate connecting, switching, terminal, or other railroads. The term 'railroad' includes, but is not limited to, tracks, spurs, switches, terminal, terminal facilities, road beds, rights-of-way, bridges, stations, railroad cars, locomotives, or other vehicles constructed for operation over railroad tracks, crossing signs, lights, signals, storage, administration, and repair buildings, and all structures and equipment which are necessary for the operation of a railroad;

(13)     develop, with the approval of the governing bodies of each of Florence, Darlington, Marion, and Dillon Counties and in accordance with Section 55-11-720, not less than all of the lands leased by, subleased by, owned by, or under the jurisdiction of the authority other than lands used or held for use as a part of the airport facilities as an industrial or business park under the provisions of Section 13 of Article VIII of the Constitution of this State;

(14)     direct the auditors of each of Florence, Darlington, Marion, and Dillon Counties to levy a tax on all properties within the district, to be collected by the treasurers of Florence, Darlington, Marion, and Dillon Counties, in an amount approved in each fiscal year by ordinance of the county councils of each of those counties.

Section 55-11-640.     (A)     The authority is authorized to adopt and promulgate regulations governing the use of roads, streets, and parking facilities upon the lands leased by, subleased by, owned by, or under the jurisdiction of the authority. All state laws are declared to be applicable to the roads, streets, and parking facilities under the control of the authority.

(B)     The authority may employ police officers to be commissioned by the Governor who shall enforce all laws and regulations authorized under the provisions of this article and, in addition, shall have authority to issue summonses for violations of them in the manner provided for South Carolina State Highway Patrolmen.

(C)     Persons violating any of the applicable laws within a magistrate's jurisdiction or any of the regulations of the authority must be tried by magistrates having jurisdiction of the area in which the violation occurred.

(D)     Any person violating the provisions of any of the regulations of the authority is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

(E)     All fines and forfeitures collected under the provisions of this article must be forwarded to the authority, to be credited to the general operating fund of the district. All court costs collected with the fines and forfeitures collected under the provisions of this article must be remitted to the general fund of the county where the final disposition of the case is made.

Section 55-11-650.     (A)     For the purpose of this article, the authority may:

(1)     deposit monies derived from the sale of bonds authorized to be issued under the provisions of this article or from revenue-producing facilities in any bank or trust company having an office within the district, and to withdraw them for the purpose of operating, maintaining, constructing, improving, and extending any facility in its charge.

(2)     apply for, accept, receive, receipt for, disburse, and expend federal, state, county, or municipal monies and other monies, public or private, made available by grant or loan, or both, to accomplish, in whole or in part, any of the purposes of this article, and to this end, to continue to prosecute any application previously filed with the Federal Aviation Agency, or any other federal agency, by the Florence City-County Airport Commission, and to pay from the funds of the district any costs incurred for any services rendered since the date the application was filed, in connection with the procuring or processing of the application which is found by the authority to legitimately inure to the benefit of the district. All federal monies accepted under this section must be accepted and expended by the authority upon those terms and conditions prescribed by the United States, and consistent with state law. All other monies accepted under this section must be accepted and expended by the authority upon the terms and conditions prescribed by the State or other sources.

(3)     accept donations of all sorts, including a deed of conveyance by any landowners of the landowners right, title, and interest in and to lands within the district, and to accept relinquishments of any leasehold interest or estate now possessed by the city or county of Florence on or in lands or property on airport property.

(B)     The district may issue negotiable bonds, notes, and other evidences of indebtedness payable solely from the gross revenues or net revenues derived from the operation of any revenue-producing facility, or facilities, in its charge. The sums borrowed may be those needed to pay costs incident to the operation and maintenance of its airport facility, or those sums as may be needed to pay the costs of any extension, addition, or improvement to its airport facility, or both. The proceeds of the bonds may, in addition, be used to refund any bonds issued under the provisions of this article, to pay interest during the estimated construction period of the project being financed, to fund any necessary reserves for the bonds, to purchase any necessary credit enhancement for the bonds, and to pay costs of issuance of the bonds. If the method of financing authorized by this subsection is used, neither the faith and credit of the State of South Carolina, nor of any county lying within the district, nor of the district itself, may be pledged to the payment of the principal and interest of the obligations, and there must be on the face of the obligation a statement, plainly worded, to that effect. Neither the members of the authority nor any person signing the obligations are personally liable on them. In order that a convenient procedure for borrowing money pursuant to this subsection may be prescribed, the authority may use the provisions of Chapter 21, Title 6, and Chapter 17, Title 6. In exercising the powers conferred upon the district by those code provisions, the authority may make all pledges and covenants authorized by the provisions of them, and may confer upon the holders of its securities all rights and liens authorized by these code provisions. Specifically, and notwithstanding contrary provisions in those code provisions, the district may:

(1)     provide that the bonds, notes, or other evidences of indebtedness are payable, both as to principal and interest, from the gross revenues or net revenues derived from the operation of any revenue-producing facility or facilities, as the gross revenues or net revenues may be defined by the authority, and to impose a lien upon the facilities the revenues of which are pledged to the payment of the bonds enforceable to the same extent and in the same manner as the statutory lien described in Sections 6-21-330 through 6-21-360;

(2)     provide that the bonds must be issued as serial or term bonds, maturing in equal or unequal amounts, at such times and on occasions as the authority determines. They must bear such rates of interest, payable on such occasion, as the authority prescribes, and the bonds are in such denominations, are payable in such medium of payment, and at such place as the authority prescribes. All bonds may be issued with a provision permitting their redemption prior to their respective maturities. Bonds made subject to redemption before their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption, in such amount or amounts as the authority prescribes. All bonds that are subject to redemption must contain a statement to that effect on the face of each bond. The resolution authorizing their issuance must contain provisions, specifying the manner of call and the notice of call that must be given. Notwithstanding anything in this chapter to the contrary, the authority may issue bonds which in lieu of paying current interest periodically, pay an accreted value at maturity;

(3)     authorize the officer or officers of the authority to execute the bonds, by manual or facsimile signature, as the authority considers necessary; bonds may be in the form of registered bonds or may be issued in coupon form, payable to bearer, or, in the discretion of the authority, may be issued as fully registered uncertificated book-entry securities;

(4)     covenant and agree that upon its being adjudged in default as to the payment of any installment of principal and interest upon any obligation issued by it or in default as to the performance of any covenant or undertaking made by it, that in that event the principal of all obligations of the issue may be declared immediately due and payable, notwithstanding that any of them may not have then matured, and that any court having jurisdiction in any proper action may appoint a receiver to administer and operate the facilities whose revenues must be pledged for the payment of the bonds, with power to fix rates and charges for the facilities, sufficient to provide for the payment of the expense of operating and maintaining such facilities, and to apply the income and revenues of the facilities to the payment of the bonds, and the interest on them;

(5)     confer upon a corporate trustee the power to make disposition of the proceeds from all borrowings and also all revenue-producing facilities whose revenues are pledged for the payment of the obligations, in accordance with and in the order of priority prescribed by resolutions adopted by the authority as an incident to the issuance of any notes, bonds, or other evidences of indebtedness;

(6)     dispose of its obligations at public or private sale and upon such terms and conditions as it approves;

(7)     covenant and agree that a reserve fund must be established to further secure the payment of principal and interest of any obligation;

(8)     covenant and agree that it will not enter into any agreements with any person, firm, corporation, or with the government of this State, the United States, or any of the political subdivisions of the same, for the furnishing of free services where the services are ordinarily charged for;

(9)     prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent to it, and the manner in which the consent must be given;

(10)     prescribe the evidence of default and conditions upon which all or any obligation becomes or may be declared due before maturity and the terms and conditions upon which the declaration and its consequences may be waived;

(11)     covenant to establish and maintain such system of rules as will insure the continuous use and occupancy of the facilities whose revenues are pledged to secure any bonds;

(12)     covenant that an adequate schedule of charges will be established and maintained for the facilities designated by the authority, whose revenues must be pledged to secure any bonds, to the extent necessary to produce sufficient revenues to:

(a)     pay the cost of operating and maintaining the facilities, whose revenues or net revenues must be pledged for the payment of the bonds, including the cost of fire, extended coverage, and use and occupancy insurance;

(b)     pay the principal and interest of the bonds as they respectively become due;

(c)     create and at all times maintain, an adequate debt service reserve fund to meet the payment of the principal and interest; and

(d)     create and at all times maintain an adequate reserve for contingencies, and for major repairs and replacements.

(C)     The authority, on behalf of the district, may issue general obligation bonds of the district, whose proceeds must be used to defray the cost of constructing and establishing an airport facility within the district. In order that a convenient procedure for borrowing money pursuant to this subsection may be prescribed, the authority may use the provisions of Sections 6-11-810 through 6-11-1040. For the purpose of this section, the term 'construct and establish' means the cost of direct construction, the cost of all land, property, rights, easements, and franchises acquired (in addition to property conveyed to the district by the city or county of Florence) which are considered necessary for the construction and use of runways, terminal buildings, maintenance shops, freight depots, service establishments, and any and all facilities incident, or in any way appurtenant, to an airport facility, and all machinery and equipment needed for it, payments to contractors, laborers, or others, for work done or material furnished, financing charged, interest incurred in connection with it, interest on the bonds authorized by this article, cost of engineering services, architectural services, legal services, legal and engineering expenses, plans, specifications, surveys, projections, drawings, brochures, administrative expenses and such other expenses as may be necessary or incident to the construction of any airport facility within the district, incurred for the purposes for which the district is created.

(D)     The district shall do all other acts and things necessary or convenient to carry out any function or power committed or granted to the district.

(E)     All bonds issued pursuant to this article, and all interest to become due on them have the tax-exempt status prescribed by Section 12-1-60.

(F)     It is lawful for all executors, administrators, guardians and fiduciaries, all sinking fund commissions, the State Budget and Control Board, as trustee of the South Carolina Retirement System, and all other governmental entities within the State, to invest any monies in their hands in the bonds issued pursuant to this chapter.

Section 55-11-660.     All revenues derived by the authority from the operation of any revenue-producing facility, including revenues, other than payments in lieu of taxes, derived from the operations of, or leasing of property in, any industrial or business park or facilities of them created pursuant to Section 55-11-630(A)(13), which may not be required to operate, maintain, enlarge, and improve its airport facilities, or to create any necessary reserves for them, or to pay obligations incurred in the issuance of any revenue bonds sold pursuant to the authorizations in this article or necessary to fund any obligations established by the authority pursuant to resolution or resolutions adopted by it in connection with the issuance of the bonds may, in the discretion of the authority, either (1) be utilized in accordance with the provisions of Section 6-11-990; or (2) be disbursed to the treasurers of Florence, Darlington, Marion, and Dillon Counties on a pro-rata basis in proportion to the last completed assessed values of each of the counties as certified by the auditors of the respective counties.

Section 55-11-670.     The rates charged for services furnished by any revenue-producing facility of the district as constructed, improved, enlarged, or extended is not subject to supervision or regulation of any state bureau, commission, board, or other instrumentality or agency of it.

Section 55-11-680.     Property and income of the district is exempt from all taxes levied by the state, county, or any municipality, division, subdivision, or agency of them, directly or indirectly. However, nothing in this article prohibits the authority from constituting all or a part of the lands owned by, leased by, subleased by, or under the jurisdiction of the authority as an industrial or business park under the provisions of Section 13 of Article VIII of the Constitution of this State.

Section 55-11-690.     For the period the district is indebted to a person on any bonds, notes, or other obligations issued pursuant to the provisions of this article, the powers granted to the district and the authority may not be diminished. The provisions of this article are considered a part of the contract between the district and the holders of the obligations.

Section 55-11-700.     The provisions of this article do not prohibit the operation of any public or private airport located within the district by any other public agency or governmental authority, or by any private agency or person.

Section 55-11-710.     Neither the City of Florence nor the counties of Florence, Darlington, Marion, or Dillon are liable in damages for any neglect or mismanagement in the operation and maintenance or otherwise of the airport.

Section 55-11-720.     Nothing in this article may be construed to affect the rights and duties of electric utilities and electrical suppliers under the provisions of Chapter 27 of Title 58.

Section 55-11-730.     (A)(1) Before the establishment of an industrial or business park pursuant to Section 55-11-630(A)(13), the governing body of each of Florence, Darlington, Marion, and Dillon Counties shall approve and execute a written agreement among each of the five counties providing for:

(a)     the segregation of the payments in lieu of taxes to be received from such industrial or business park in the hands of the Florence County Treasurer;

(b)     the definition, and method of calculating, shared expenses pursuant to Article X, Section 13(D) of the Constitution of this State;

(c)     the payment of all of the expenses, or so much of them as may be paid, from the segregated fund described in subitem (a) of this section;

(d)     the disbursal of excess payments in lieu of taxes, or the contributions of shared expenses exceeding the payments, to or from each of the five counties in specific proportions. 'Specific proportions' means either predetermined numerical percentages or readily determinable percentages based on each county's proportionate share at the time of a determination of total district population based on the most recent decennial census of the United States, total district assessed value based on the most recently completed fiscal year for which final assessed values are available, or other similar measure; and

(e)     the procedure for determining the distribution to be made of any excess revenues or taxes received from the joint industrial or business park among the taxing districts within each county.

(2)     The written agreement may be amended at any time by unanimous consent of the governing bodies of the five counties.

(B)     For purposes of bonded indebtedness and for purposes of computing the index of taxpaying ability pursuant to any provision of law which measures the relative fiscal capacity of a school district to support its schools based on the assessed valuation of taxable property in the district as compared to the assessed valuation of the taxable property in all school districts of this State, the allocation of assessed value must be made in accordance with Section 4-1-170."

SECTION     4.     The provisions of this act are, and are intended by the General Assembly to be, unitary and interdependent. If any provision of it relating to the joint or several authority of Florence, Darlington, Marion, and Dillon Counties is determined to be invalid by a court of competent jurisdiction, the provision is expressly determined to be not severable and the validity of this entire act depends on it.

SECTION     5.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. R. BROWN explained the amendment.

The amendment was then adopted.

Reps. R. BROWN and McEACHIN proposed the following Amendment No. 2 (Doc. No. 1986X), which was adopted.

Amend the report by the Committee on Labor, Commerce and Industry Committee, as and if amended, in Section 55-11-650(B), page 1149-10, lines 36 through 38, by striking /to pay costs incident to the operation and maintenance of its airport facility, or those sums as may be needed/ and on line 40, by striking /, or both/.

Amend the report further, as and if amended, in Section 55-11-730(A)(1), page 1149-17, line 2, in Section 55-11-730(A)(1)(d), page 1149-17, line 18, and in Section 55-11-730(A)(2), page 1149-17, line 36, by striking /five/ and inserting /four/ in each instance.

Amend title to conform.

Rep. R. BROWN explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. BEASLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

S. 698--MOTION TO RECONSIDER TABLED

Rep. KIRSH moved to reconsider the vote whereby the following Bill, as amended, was given a second reading.

S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BLACKWELL a temporary leave of absence to attend the Legislative Audit Council Meeting.

S. 1182--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, Rep. FELDER having the floor speaking on the Bill.

S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.

Rep. FELDER continued speaking.

LEAVE OF ABSENCE

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

Rep. FELDER continued speaking.

Rep. DAVENPORT moved to commit the Bill to the Committee on Agriculture and Natural Resources.

Rep. J.W. JOHNSON moved to table the motion.

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 43

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Bennett                Blanding               Boan
Brown, G.              Brown, H.              Brown, R.
Burch                  Burriss, T.M.          Clyborne
Corbett                Cork                   Fair
Gentry                 Hallman                Harris, J.
Harrison               Harvin                 Haskins
Hayes                  Hodges                 Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Keyserling
Manly                  Mappus                 Martin, D.
Mattos                 McCain                 McEachin
McElveen               McTeer                 Nesbitt
Nettles                Quinn                  Rama
Rogers, T.             Rudnick                Sheheen
Short                  Smith                  Snow
Vaughn                 Waites                 Wilder
Wilkins                Williams, D.           Williams, J.
Winstead               Wofford                Wright

Total--60

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bruce                  Carnell                Chamblee
Cole                   Cooper                 Davenport
Derrick                Elliott                Faber
Farr                   Felder                 Foster
Glover                 Harris, P.             Harwell
Hendricks              Kay                    Kinon
Kirsh                  Klapman                Koon
Lanford                Limehouse              Littlejohn
Martin, L.             McBride                McGinnis
McKay                  McLeod                 Moss
Neilson                Phillips               Sharpe
Simpson                Taylor                 Tucker
Waldrop                Wells                  White
Wilkes

Total--43

So, the motion to table was agreed to.

Rep. KEYSERLING proposed the following Amendment No. 5 (Doc. No. 1579o), which was adopted.

Amend the report of the Committee on Ways and Means, as and if amended, in Section 44-95-290(E) of the 1976 Code by striking the fourth sentence of the subsection which begins on line 41 of page [1182-74] and inserting:
/In considering a demonstration of need from an applicant to construct a new or expanded facility prior to adoption and approval of county or regional solid waste plans as required by Section 44-95-80, the department may consider the amount of waste generated within this State; except that no county or proposed region may be required to use any facility permitted during this interim period unless the governing body of the county or the governing bodies of the counties in a proposed region adopt a resolution expressing their intent to use the facility./

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. KLAPMAN moved that the House do now adjourn.

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

Yeas 15; Nays 73

Those who voted in the affirmative are:

Brown, H.              Bruce                  Carnell
Davenport              Faber                  Foster
Harris, P.             Jaskwhich              Kirsh
Klapman                Littlejohn             Martin, L.
McAbee                 Nesbitt                Taylor

Total--15

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Bennett                Blanding               Boan
Brown, G.              Brown, R.              Burch
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Derrick                Elliott                Farr
Felder                 Gentry                 Glover
Harrison               Harvin                 Harwell
Hayes                  Hendricks              Hodges
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Keyserling             Kinon
Lanford                Limehouse              Manly
Mappus                 Martin, D.             Mattos
McBride                McCain                 McEachin
McElveen               McKay                  McLellan
McTeer                 Neilson                Nettles
Phillips               Rama                   Rogers, T.
Rudnick                Sheheen                Smith
Snow                   Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                Wilkes                 Wilkins
Williams, D.           Winstead               Wofford
Wright

Total--73

So, the House refused to adjourn.

Rep. BAXLEY proposed the following Amendment No. 6 (Doc. No. 1882X), which was tabled.

Amend the report by the Committee on Ways and Means, as and if amended, in Section 44-95-20(A)(30) as added to the 1976 Code, contained in SECTION 1, page 1182-9, lines 10 through 14, by striking /but does not include materials when recycled or transferred to a different site for recycling in an amount which does not equal at least seventy-five percent by weight of materials received during the previous calendar year/.

Amend title to conform.

Rep. KEYSERLING moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 7 (Doc. No. 1580o), which was adopted.

Amend the bill, as and if amended, Section 44-95-80(M)(1), as contained in SECTION 1, by striking the sentence beginning on page 1182-28 and line 38, and inserting:

/By July 1, 1991, the operator of a municipal solid waste disposal facility shall impose a five dollars a ton or equivalent fee on all solid waste disposed of or incinerated at that facility, in addition to other fees imposed by the operator. However, the fees must not be imposed on ash from the incineration of solid waste within the county./

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

LEAVE OF ABSENCE

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

Rep. McABEE proposed the following Amendment No. 8 (Doc. No. 1582o), which was adopted.

Amend the bill, as and if amended, by deleting Section 44-95-120(A)(1), as contained in SECTION 1, page 1182-36, beginning on line 1, which reads:

/(1)     funding activities of the department to carry out its responsibilities under this act; provided, however, that upon full implementation of the program, no more than twenty-five percent of the Solid Waste Management Trust Fund monies may be used by the department for its operations and no more than seventy-five employees may be funded from trust fund monies;/

Renumber items to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

LEAVE OF ABSENCE

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

Rep. McABEE continued speaking.

Rep. BOAN spoke against the amendment.

LEAVE OF ABSENCE

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

Rep. BOAN continued speaking.

Rep. McCAIN spoke against the amendment.

Rep. FELDER spoke in favor of the amendment.

Rep. KEYSERLING moved to table the amendment.

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

Yeas 17; Nays 73

Those who voted in the affirmative are:

Bailey, J.             Barber                 Barfield
Boan                   Elliott                Hallman
Hodges                 Johnson, J.W.          Keegan
Keyserling             Kinon                  Mappus
Mattos                 McTeer                 Rogers, T.
Sheheen                Waites

Total--17

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Baker                  Bennett
Blanding               Brown, G.              Brown, H.
Brown, R.              Bruce                  Burch
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Davenport              Derrick
Faber                  Fair                   Farr
Felder                 Foster                 Gentry
Glover                 Harris, J.             Harris, P.
Harrison               Harwell                Hayes
Hendricks              Huff                   Jaskwhich
Johnson, J.C.          Kay                    Keesley
Kirsh                  Klapman                Koon
Lanford                Limehouse              Littlejohn
Martin, L.             McAbee                 McBride
McCain                 McEachin               McElveen
McKay                  McLeod                 Neilson
Nesbitt                Phillips               Rama
Rudnick                Sharpe                 Short
Simpson                Smith                  Snow
Taylor                 Tucker                 Vaughn
Washington             Wells                  Whipper
Wilder                 Winstead               Wofford
Wright

Total--73

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. FABER moved that the House do now adjourn.

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

Yeas 44; Nays 52

Those who voted in the affirmative are:

Altman                 Bailey, K.             Baker
Blanding               Brown, H.              Bruce
Burch                  Carnell                Chamblee
Cole                   Derrick                Elliott
Faber                  Fair                   Foster
Glover                 Harris, P.             Harwell
Huff                   Jaskwhich              Kay
Kirsh                  Klapman                Limehouse
Littlejohn             Mappus                 Martin, D.
Martin, L.             McAbee                 McBride
McKay                  McLeod                 Nesbitt
Nettles                Phillips               Sharpe
Simpson                Snow                   Taylor
Tucker                 Vaughn                 Washington
Whipper                Wofford

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Barber                 Barfield               Bennett
Boan                   Brown, G.              Brown, R.
Clyborne               Cooper                 Corbett
Cork                   Davenport              Farr
Felder                 Gentry                 Hallman
Harris, J.             Harrison               Haskins
Hayes                  Hendricks              Hodges
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Keyserling             Kinon
Koon                   Lanford                Mattos
McCain                 McEachin               McElveen
McLellan               McTeer                 Neilson
Rama                   Rogers, T.             Rudnick
Sheheen                Short                  Smith
Waites                 Wells                  White
Wilder                 Wilkins                Williams, D.
Wright

Total--52

So, the House refused to adjourn.

Reps. G. BROWN, McLEOD, BAXLEY, McELVEEN and BLANDING proposed the following Amendment No. 9 (Doc. No. 1894X), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION, as follows:

/SECTION     ___.     No solid waste from outside the State of South Carolina may be accepted at any solid waste landfill or facility sited in this State./

Renumber sections to conform.

Amend title to conform.

Rep. McTEER explained the amendment.

Reps. G. BROWN and McELVEEN spoke in favor of the amendment.

Rep. McTEER spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 93; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baker
Barber                 Barfield               Beasley
Bennett                Blanding               Boan
Brown, G.              Brown, H.              Brown, R.
Burch                  Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Davenport
Derrick                Faber                  Fair
Farr                   Foster                 Gentry
Glover                 Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Limehouse              Littlejohn             Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McElveen               McKay                  McLellan
McLeod                 McTeer                 Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Smith                  Snow
Tucker                 Vaughn                 Waites
Washington             Wells                  Whipper
Wilder                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--93

Those who voted in the negative are:

Total--0

So, the amendment was adopted.

Reps. G. BROWN, McLEOD, BAXLEY, McELVEEN and BLANDING proposed the following Amendment No. 10 (Doc. No. 1898X), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION, as follows:

/SECTION___. Solid waste shipped or transported in any manner whatever into the State of South Carolina to a central distribution point where the solid waste is repackaged for distribution to an in-state solid waste landfill may not under any conditions or circumstances be considered in-state solid waste./

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

The amendment was then adopted.

Rep. J.W. JOHNSON moved immediate cloture on the entire matter.

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

Yeas 21; Nays 78

Those who voted in the affirmative are:

Alexander, M.O.        Boan                   Burch
Harvin                 Haskins                Hayes
Hodges                 Johnson, J.W.          Keesley
Keyserling             Mappus                 Martin, D.
Mattos                 McBride                McLellan
McTeer                 Rogers, T.             Rudnick
Sheheen                Short                  Wilkins

Total--21

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, J.
Bailey, K.             Baker                  Barber
Barfield               Bennett                Blanding
Brown, G.              Brown, H.              Brown, R.
Bruce                  Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Davenport              Derrick                Elliott
Faber                  Fair                   Farr
Felder                 Foster                 Gentry
Glover                 Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Hendricks              Huff                   Jaskwhich
Johnson, J.C.          Kay                    Keegan
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Limehouse
Littlejohn             Martin, L.             McAbee
McCain                 McEachin               McKay
McLeod                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Sharpe
Simpson                Smith                  Snow
Tucker                 Vaughn                 Waites
Washington             Wells                  Whipper
White                  Wilder                 Williams, D.
Winstead               Wofford                Wright

Total--78

So, immediate cloture was not invoked.

Rep. KIRSH moved that the House do now adjourn.

POINT OF ORDER

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

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 48; Nays 50

Those who voted in the affirmative are:

Altman                 Bailey, K.             Baker
Bennett                Blanding               Brown, G.
Brown, H.              Burch                  Carnell
Chamblee               Clyborne               Cooper
Elliott                Faber                  Fair
Felder                 Foster                 Harris, P.
Harwell                Hendricks              Huff
Jaskwhich              Kay                    Kirsh
Klapman                Koon                   Limehouse
Mappus                 Martin, D.             Martin, L.
McAbee                 McBride                McKay
Nesbitt                Nettles                Phillips
Rhoad                  Sharpe                 Short
Simpson                Snow                   Tucker
Washington             Whipper                White
Wilder                 Williams, D.           Wofford

Total--48

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Barber                 Barfield               Beasley
Boan                   Brown, R.              Bruce
Burriss, T.M.          Cole                   Corbett
Davenport              Farr                   Gentry
Hallman                Harris, J.             Harrison
Harvin                 Haskins                Hayes
Hodges                 Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Keyserling
Kinon                  Lanford                Littlejohn
Mattos                 McCain                 McEachin
McElveen               McLellan               McLeod
McTeer                 Moss                   Neilson
Quinn                  Rama                   Rogers, T.
Rudnick                Sheheen                Smith
Taylor                 Vaughn                 Waites
Wilkins                Wright

Total--50

So, the House refused to adjourn.

Reps. DAVENPORT, McCAIN, BOAN and WILKES proposed the following Amendment No. 11 (Doc. No. 1903X), which was adopted.

Amend the report of the Committee on Ways and Means, as and if amended, Section 44-95-40(42), by striking on line 25 /mining/ and by striking beginning on line 39 /and materials from mining operations/.

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 12 (Doc. No. 1914X), which was adopted.

Amend the report of the Committee on Ways and Means, as and if amended, Section 44-95-290, as contained in SECTION 1, by striking subsection (H) and inserting:

/(H)     The department may amend or attach conditions to a permit when:

(1)     there is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect human health and safety and environment; or

(2)     investigation has shown the need for additional equipment, construction, procedures and testing to ensure the protection of human health and safety and the environment; or

(3)     the amendment is necessary to meet changes in applicable regulatory requirements./

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Reps. KIRSH, BOAN, McCAIN, WILDER, HENDRICKS, ALTMAN, McABEE, FARR, SHARPE, PHILLIPS, G. BAILEY, HARRISON, WAITES, GREGORY, J. HARRIS, WRIGHT and L. MARTIN proposed the following Amendment No. 16 (Doc. No. 1583o), which was adopted.

Amend the bill, as and if amended, Section 44-95-80(B), as contained in SECTION 1, page 1182-25, by striking the sentence beginning on line 23 and inserting:

/The department has one hundred eighty days from the date on which a review plan is submitted to review the plan and provide comments to the submitting entity./

Amend title to conform.

Rep. WINSTEAD proposed the following Amendment No. 23 (Doc. No. 1593o), which was adopted.

Amend the bill, as and if amended, by striking Section 44-95-320(B)(1)(f), as contained in SECTION 1, page 1182-82, beginning on line 39, and inserting:

/(f)     the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the estimated maximum rate at which the facility will receive municipal solid waste. However, the rate must take into consideration and allow for increases in the population, emergencies, and other relevant local business factors;/

Amend title to conform.

Rep. WINSTEAD explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 24 (Doc. No. 1581o).

Amend the report of the Committee on Ways and Means, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Chapter 93, Title 44 of the 1976 Code is amended by adding:

"Section 44-93-210.     (A)     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 permitted commercial infectious waste incinerator facility which handles infectious waste and municipal solid waste 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. However, at no time may the limit on the amount of infectious waste burned in a month be less than seven hundred fifty tons.

(B)     The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.

(C)     For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where municipal solid waste is disposed of and where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units.

(D)     From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.

(E)     The provisions of this section must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's degree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of this section which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable."/

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. WILKINS raised the Point of Order that Amendment No. 24 was out of order as it was not germane to the Bill as it was not in compliance with Rule 9.3. He further stated that the Amendment specifically replaced a cap on the amount of infectious waste that can be disposed of and had nothing to do with the collection, treatment or disposal of solid waste, which was the stated purpose of the Bill.

Rep. McTEER argued contra the Point.

The SPEAKER, citing Section 44-93-210 (A) of the Amendment, stated that the language in the Amendment dealt with infectious waste and municipal solid waste.

Rep. WILKINS stated that the reference to solid waste in the Amendment was incidental.

The SPEAKER stated that if the Amendment only dealt with those incinerators which incinerate a combination of solid waste and infectious waste, then why would it not be germane.

Rep. WILKINS stated that it was a limitation on infectious waste and the stated purpose of the Bill excluded infectious waste. He further stated that it specifically stated twice in the Bill that it did not apply to infectious waste regulated in the South Carolina Infectious Waste Management Act. He further stated, citing Section 44-95-30 of the Bill, Applicability, that this chapter did not apply to infectious waste regulated under the South Carolina Infectious Waste Management Act. He further stated, citing Section 44-95-240 of the Bill, that it was the purpose of this article to regulate solid waste management facilities other than hazardous waste management.

The SPEAKER stated that if the Amendment only regulated a facility which treated infectious and solid waste in the same facility in the same incinerator, then it was germane.

Rep. WILKINS further stated that the Bill only mentioned infectious waste on two occasions, one to say that it didn't apply and one to give a definition.

The SPEAKER stated that the Bill as we received it and the Bill as amended by Ways and Means Committee did not deal with infectious waste, but if Rep. McTeer's Amendment dealt with facilities that treat solid waste and infectious waste in the same incinerator, then it would seem that he had made it germane.

Rep. WILKINS, citing precedence from May 22, 1989 dealing with hazardous and infectious waste, stated that the ruling on that Point of Order stated that under Rule 9.3 the Speaker was required to determine the substantial regulatory effect or the substantial impact of the main piece of legislation and to determine what the substantial impact of the Amendment was, and they were not the same, and on that basis, the Amendment was ruled out of order.

The SPEAKER, after reading the precedence cited, stated that the substantial effect of Rep. McTeer's Amendment was to regulate facilities which dispose of solid waste and infectious waste in the same facility.

Rep. WILKINS then inquired what to do when the Bill had contrary provisions in it.

The SPEAKER stated that that was inartful drafting and he could not control that and he overruled the Point of Order.

Rep. LIMEHOUSE moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 57; Nays 44

Those who voted in the affirmative are:

Altman                 Bailey, K.             Baker
Blanding               Brown, G.              Bruce
Burch                  Carnell                Chamblee
Clyborne               Cooper                 Derrick
Elliott                Faber                  Fair
Felder                 Foster                 Glover
Gregory                Harris, P.             Hendricks
Jaskwhich              Kay                    Kirsh
Klapman                Kohn                   Koon
Lanford                Limehouse              Littlejohn
Mappus                 Martin, D.             Martin, L.
McAbee                 McGinnis               McLeod
Moss                   Nesbitt                Nettles
Phillips               Rhoad                  Sharpe
Short                  Simpson                Snow
Tucker                 Vaughn                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams, D.           Winstead               Wofford

Total--57

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Barber                 Barfield               Beasley
Boan                   Brown, J.              Brown, R.
Cole                   Corbett                Cork
Davenport              Farr                   Gentry
Hallman                Harris, J.             Harrison
Harvin                 Harwell                Haskins
Hayes                  Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Keyserling
Kinon                  Mattos                 McBride
McCain                 McEachin               McElveen
McKay                  McLellan               McTeer
Neilson                Rama                   Rogers, T.
Rudnick                Sheheen                Smith
Waites                 Wright

Total--44

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 24.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5131 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Harrison, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE C. A. JOHNSON HIGH SCHOOL IN COLUMBIA IN CELEBRATING FORTY YEARS OF PROVIDING EDUCATIONAL OPPORTUNITIES FOR GROWTH IN COLUMBIA AND TO WISH IT WELL IN CONTINUING ITS LEGACY IN THE TWENTY-FIRST CENTURY.

ADJOURNMENT

At 5:10 P.M. the House in accordance with the motion of Rep. RAMA adjourned in memory of William O. Harbeson to meet at 10:00 A.M. tomorrow.

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