Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, we read in the Gospel of St. John (7:16-17)(NEB):
"Jesus replied,
'The teaching that I give is not My own;
It is the teaching of Him who sent Me.
Whoever has the will to do the will of God
shall know whether My teaching comes from
Him or is merely My own.'"
Let us pray.
O God... infinite and eternal and unchangeable, may Thy Spirit brood over us... and be in each of us to quicken our minds and guide our judgments as we gather data on so many issues.
Guide us in the moral use of our power.
Teach us... good Lord... to serve Thee as Jesus served:
to give and not to count the cost;
to persevere and not to heed the wounds;
to toil and not to seek for rest;
to labor and not to ask for reward... except... the knowledge that we do Thy will. And Thine will be the glory.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE introduced Dr. Marion F. McFarland of Columbia, Doctor of the Day.
Senator MARTSCHINK requested and was granted a leave of absence for Thursday, April 5, 1990.
On motion of Senator MULLINAX, Senator O'DELL was granted a leave of absence for today.
Senator PASSAILAIGUE rose to a Point of Personal Privilege.
Columbia, S.C., April 4, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Kay, Koon and Barfield of the Committee of Conference on the part of the House on:
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 4, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Fair, Davenport and McBride of the Committee of Conference on the part of the House on:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Very respectfully,
Speaker of the House
Received as information.
S. 632 -- Senators Drummond, Rose and McLeod: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.
The House returned the Bill with amendments.
Senator WILLIAMS explained the House amendments.
On motion of Senator WILLIAMS, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1464 -- Senators Martschink, Shealy, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEP APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THOMAS S. LINTON FOR HIS MANY YEARS OF SUPERB SERVICE AS CODE COMMISSIONER OF SOUTH CAROLINA AND DIRECTOR OF THE LEGISLATIVE COUNCIL AND WISHING HIM HAPPINESS UPON HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 1480 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SPARTANBURG COUNTY EMS SYSTEM IN RECOGNITION OF ITS DISTINGUISHED SERVICE TO THE PEOPLE OF SPARTANBURG COUNTY.
Returned with concurrence.
Received as information.
S. 1481 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RONNIE GENTRY OF THE SPARTANBURG COUNTY EMS SYSTEM ON BEING NAMED SOUTH CAROLINA PARAMEDIC OF THE YEAR FOR 1990.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1482 -- Senators Gilbert, Hinds, Shealy, McConnell, Moore and Stilwell: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PARDONS, SO AS TO PROVIDE THAT THE GRANTING OF A PARDON OPERATES AS AN ORDER OF EXPUNGEMENT OF ALL OFFICIAL RECORDS RELATING TO THE CONVICTION FOR WHICH THE PARDON IS GRANTED AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL INSURE THAT THE EXPUNGEMENT IS IMPLEMENTED.
Read the first time and referred to the Committee on Corrections and Penology.
S. 1483 -- Senator Rose: A BILL TO ENACT THE PUBLIC EMPLOYEE REDUCTION ACT, TO REDUCE THE RATIO OF STATE EMPLOYEES TO POPULATION OF THIS STATE, AND TO PROVIDE THAT THE MONEY REALIZED FROM THE REDUCTION OF STATE EMPLOYEES BE USED FOR CERTAIN PURPOSES.
Read the first time and referred to the Committee on Finance.
S. 1484 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROHIBIT THE HUNTING, CATCHING, TAKING, KILLING, OR ATTEMPTING TO HUNT, CATCH, TAKE, OR KILL A GAME BIRD OR GAME ANIMAL WHICH HAS BEEN RELEASED FOR THE IMMEDIATE PURPOSE OF HUNTING, CATCHING, TAKING, OR KILLING AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
Read the first time and ordered placed on the Calendar without reference.
S. 1486 -- Senators Shealy, Bryan and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-77-145 SO AS TO PROVIDE THAT NO PERSON MAY BE DENIED ADMISSION TO A LICENSED HEALTH CARE FACILITY OR LICENSED LONG-TERM CARE FACILITY BECAUSE HE HAS NOT EXECUTED A DECLARATION PURSUANT TO THE PROVISIONS OF CHAPTER 77 OF TITLE 44 OF THE 1976 CODE, THE DEATH WITH DIGNITY ACT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVOKE THE LICENSE OF A FACILITY FOUND TO BE IN VIOLATION OF THIS SECTION.
Senator SHEALY spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Senator LEE spoke on the Bill.
Senator LEE asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator WILLIAMS objected.
Read the first time and referred to the Committee on Finance.
S. 1488 -- Senators Mullinax, Bryan, Drummond, Fielding, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Long, Lourie, Macaulay, Matthews, McGill, Mitchell, Moore, O'Dell, Passailaigue, Pope, Setzler, J. Verne Smith, Nell W. Smith, Waddell and Williams: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".
Read the first time and referred to the Committee on Education.
S. 1489 -- Senator Land: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENTS REQUIRED OF CONTRACTORS, SO AS TO PROVIDE THAT A BOND MAY BE PROVIDED IN LIEU OF A FINANCIAL STATEMENT.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4931 -- Reps. M.O. Alexander and Stoddard: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. SARAH JANE LIMEHOUSE ARMSTRONG OF SIMPSONVILLE UPON BEING NAMED SOUTH CAROLINA'S OUTSTANDING ELEMENTARY PHYSICAL EDUCATION TEACHER OF THE YEAR FOR 1990 BY THE SOUTH CAROLINA ASSOCIATION FOR HEALTH, MUSICAL EDUCATION, RECREATION AND DANCE, AND FOR HER WORK WITH THE JUMP ROPE FOR HEART CAMPAIGN OVER THE LAST DECADE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4932 -- Reps. Carnell, McAbee and J.C. Johnson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. BENJAMIN JAMES SANDERS, JR., OF GREENWOOD COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4940 -- Reps. Kinon and G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ALFRED CHESTER McGINNIS, SR., REPRESENTATIVE FROM DISTRICT 36 IN SPARTANBURG COUNTY, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE AS A MEMBER OF THE UNITED STATES MARINES AND OF THE SOUTH CAROLINA ARMY NATIONAL GUARD FROM WHICH HE IS RETIRING WITH THE RANK OF BRIGADIER GENERAL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4942 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF KINGSTREE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4943 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND WILLIAMSBURG COUNTY TECHNICAL COLLEGE, AND ITS STAFF UNDER THE LEADERSHIP OF PRESIDENT JOHN WYNN FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4944 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND SHERIFF THEODORE MCFARLIN AND THE MEMBERS OF THE WILLIAMSBURG COUNTY SHERIFF'S DEPARTMENT FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.
Read the first time and referred to the Committee on Judiciary.
H. 4653 -- Rep. J. Rogers: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4915 -- Rep. Wright: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4916 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT 1, ITS GOVERNING BODY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-THREE THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Read the first time and on motion of Senator DRUMMOND, with unanimous consent, was ordered placed on the Calendar without reference.
H. 4789 -- Reps. Blackwell, White and Moss: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT LEGISLATIVE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE SHALL REVIEW REGULATORY REQUIREMENTS ON SMALL AND RURAL HOSPITALS, PROVIDE FOR TEMPORARY IMPLEMENTATION AND EVALUATION OF ALTERNATIVE STANDARDS, DEVELOP A RURAL HEALTH CARE PLAN MEETING THE CRITERIA UNDER THE ESSENTIAL ACCESS COMMUNITY HOSPITAL PROGRAM, AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, was ordered placed on the Calendar without reference.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 1326 -- Senator Lindsay: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 1366 -- Senator Moore: A BILL TO AMEND SECTION 12-54-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST ON UNDERPAYMENTS OF ESTIMATED STATE INCOME TAXES, SO AS TO PROVIDE THAT NO INTEREST OR PENALTY IS DUE FOR UNDERPAYMENTS ATTRIBUTABLE TO PERSONAL SERVICE INCOME EARNED IN ANOTHER STATE ON WHICH WAS WITHHELD INCOME TAX DUE THAT STATE.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 1377 -- Senator Rose: A CONCURRENT RESOLUTION REQUESTING THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATION, TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM SHALL BE AUTHORIZED PER DIEM, MILEAGE AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE RESPECTIVELY, AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1990 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION THEREAFTER.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: A BILL TO AMEND SECTION 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.
Ordered for consideration tomorrow.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1448 -- Senator Waddell: A BILL TO PROVIDE FOR THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION COMMISSION IN BEAUFORT COUNTY SUBJECT TO A FAVORABLE REFERENDUM VOTE AND THE ASSUMPTION OF THE FUNCTIONS AND OBLIGATIONS OF THE COMMISSION BY BEAUFORT COUNTY; AND TO REPEAL ACT 1732 OF 1972 RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION COMMISSION UPON THE CERTIFICATION OF A FAVORABLE REFERENDUM TO DISSOLVE THE COMMISSION.
S. 1235 -- Senators McConnell, Martschink, Giese, Passailaigue, Mitchell, Drummond and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.
S. 1343 -- Senators Pope, Bryan, Russell, Setzler and Drummond: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (Doc. No. 1356X), which was adopted:
Amend the bill, as and if amended, adding a new section, appropriately numbered, to read:
/SECTION ___. Section 42-7-65 of the 1976 Code is amended to read:
"Section 42-7-65. Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:
(1) For all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.
(2) For all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
(3) For all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
(4) For all volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
The wages provided in items (2), and (3), and (4) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), and (3), and (4) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.
Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. Provided, that no No organized volunteer firemen, or rescue squad members, or volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality.
The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars per a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, distributive education, or apprentice programs on the premises of private companies is fifty percent of the average weekly wage in the State for the preceding fiscal year."/
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
H. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.
S. 1474 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE PAROLE BOARD TO REVIEW A PRISONER'S DISCIPLINARY RECORD IN DETERMINING WHETHER TO AUTHORIZE PAROLE AND TO PROVIDE THAT A PRISONER'S IN-PRISON DISCIPLINARY RECORD IS SUBJECT TO THE PROVISIONS OF CHAPTER 4 OF TITLE 30.
S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The amendment proposed by the Committee on Corrections and Penology (Doc. No. 3343R) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-1510. This article is known and may be cited as the 'Home Detention Act.'
Section 24-13-1520. As used in this article:
(1) 'Department' means in the case of a juvenile offender, the Department of Youth Services, and in the case of an adult offender, the Department of Probation, Parole and Pardon Services; the Department of Corrections; and any other law enforcement agency created by law.
(2)'Court' means a circuit, family, municipal, or magistrate's court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law; the Board of Probation, Parole and Pardon Services; Juvenile Parole; and the Department of Corrections.
(3) 'Approved electronic monitoring device' means a device approved by the department, which is primarily intended to record and transmit information as to the defendant's presence or nonpresence in the home.
An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 24-13-1550.
An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant, solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.
(4) 'Home detention' means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department.
(5) 'Participant' means an inmate/offender placed into an electronic monitoring program.
Section 24-13-1530. Notwithstanding any provision of law which requires mandatory incarceration, electronic and non-electronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent, adult and juvenile offenders as selected by the court, provided there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:
(1) pretrial or preadjudicatory detention;
(2) probation (intensive supervision);
(3) community corrections (diversion);
(4) parole (early release);
(5) work release;
(6) institutional furlough;
(7) jail diversion; or
(8) shock incarceration.
Section 24-13-1540. If a department desires to implement a home detention program it must promulgate regulations that prescribe reasonable guidelines under which a home detention program may operate. These regulations must require that the participant remain within the interior premises or within the property boundaries of his residence at all times during the hours designated by the department. Approved absences from the home for a participant may include:
(1) hours in employment approved by the department or traveling to or from approved employment;
(2) time seeking employment approved for the participant by the department;
(3) medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the department;
(4) attendance at an educational institution or a program approved for the participant by the department;
(5) attendance at a regularly scheduled religious service at a place of worship;
(6) participation in a community work release or community service program approved by the department; or
(7) any other compelling reason consistent with the public interest, as approved by the department.
Section 24-13-1550. The participant shall admit a person or agent designated by the department into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.
The participant shall make the necessary arrangements to allow for a person designated by the department to visit the participant's place of education or employment at any time, upon approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.
Section 24-13-1560. The participant shall use any approved electronic monitoring device as instructed by the department at all times for the purpose of verifying the participant's compliance with the conditions of his detention and shall maintain as determined by the department one of the following:
(1) a working telephone in the participant's home;
(2) a monitoring device in the participant's home, or on the participant's person, or both; or
(3) a monitoring device in the participant's home and on the participant's person in the absence of a telephone.
Section 24-13-1570. The participant shall obtain approval from the department before he changes his residence or the schedule described in Section 24-13-1540.
Notice must be given to the participant by the department that violation of the order for home detention may subject the participant to prosecution for the crime of escape as a misdemeanor, and that commission of another crime revokes the order for home detention and that in that event the court shall sentence him to prison incarceration.
The participant shall abide by other conditions set by the department.
Section 24-13-1580. Before entering an order for commitment for electronic home detention, the court shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by:
(1) securing the written consent of the participant in the program to comply with the regulations of the program as stipulated in Section 24-13-1540 and the requirements of this article;
(2) securing, upon request of the department, the written consent of other adult persons residing in the home of the participant at the time an order or commitment for electronic home detention is entered and acknowledgment that they understand the nature and extent of approved electronic monitoring devices; and
(3) insuring that the approved electronic devices are minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with Sections 24-13-1550 and 24-13-1560.
Section 24-13-1590. Nothing in this article diminishes any lawful authority of the circuit courts or the Board of Probation, Parole and Pardon Services to regulate or impose conditions for probation or parole."/
SECTION 2. This act takes effect upon approval by the Governor.
Senator ROSE explained the amendment.
On motion of Senator BRYAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (Doc. No. 1350X) was adopted as follows:
Amend the bill, as and if amended, by striking subsections (A) and (B) of Section 41-10-80, as contained in SECTION 5, page 3, and inserting:
/(A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Commissioner of Labor for the first offense and must be assessed a civil penalty of not more than one hundred dollars for each subsequent offense.
(B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense./
Amend title to conform.
On motion of Senator POPE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
S. 1039 -- Senators Mullinax and O'Dell: A BILL TO AMEND SECTION 40-79-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO DELETE THE PROVISIONS ALLOWING WORK EXPERIENCE TO SATISFY THE REQUIREMENTS.
H. 4205 -- Rep. Wilkins: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO REQUIRE THAT A NOTICE OF APPEAL MUST STATE THE GROUNDS OF THE APPEAL OR THE ALLEGED ERRORS OF LAW.
H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
S. 1472 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1205, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1473 -- Senators Wilson, Setzler and Shealy: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
On motion of Senator SETZLER, with unanimous consent, S. 1473 was ordered to receive a third reading on Thursday, April 5, 1990.
S. 1475 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 31-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE HUMAN AFFAIRS COMMISSION TO ADMINISTER THE PROVISIONS OF THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT AN AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MAY INCLUDE PROVISIONS UNDER WHICH THE DEPARTMENT SHALL REFRAIN FROM PROCESSING A CHARGE IN ANY CLASS SPECIFIED IN THE AGREEMENT; TO AMEND SECTION 31-21-120, RELATING TO THE PROCESSING AND HANDLING OF COMPLAINTS UNDER THE FAIR HOUSING LAW, SO AS TO PROVIDE THAT COMPLAINANTS REFERRED TO THE COMMISSION BY THE DEPARTMENT MAY NOT BE REFERRED BY THE COMMISSION TO A LOCAL AGENCY AND DELETE A PROVISION CONCERNING WHEN THE COMMISSION IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE WITH THE FAIR HOUSING LAW; AND TO AMEND SECTION 31-21-130, RELATING TO THE INVESTIGATOR'S REPORT AND RECOMMENDATION UPON COMPLETION OF HIS INVESTIGATION AND THE PROCEDURE FOLLOWING THE SUBMISSION OF THIS REPORT, SO AS TO CHANGE THE TIME PERIOD IN WHICH AN ACTION MAY BE BROUGHT AGAINST THE RESPONDENT IF THE ORDER IS FOR DISMISSAL, PROVIDE THAT IF AN ELECTION IS MADE FOR A CIVIL ACTION THE COMMISSIONER OF THE STATE HUMAN AFFAIRS COMMISSION SHALL, WITHIN THIRTY DAYS FROM THE DATE OF ELECTION, COMMENCE A CIVIL ACTION ON BEHALF OF THE AGGRIEVED PERSON, AND REQUIRE THAT IF THE PANEL FINDS THAT THE RESPONDENT HAS ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE IT SHALL STATE ITS FINDINGS OF FACT AND SERVE THE COMPLAINANT IN ADDITION TO THE RESPONDENT AN OPINION AND ORDER FOR APPROPRIATE RELIEF; AND TO AMEND SECTION 31-21-140, RELATING TO THE TIME WITHIN WHICH A CIVIL ACTION MUST BE COMMENCED UNDER THE PROVISIONS OF THE FAIR HOUSING LAW, SO AS TO DELETE THE REQUIREMENT THAT THE COURT SHALL CONTINUE A CIVIL CASE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION 31-21-120 IF THE COURT BELIEVES THAT THE CONCILIATION EFFORTS ARE LIKELY TO RESULT IN A SATISFACTORY SETTLEMENT OF THE DISCRIMINATORY HOUSING PRACTICES COMPLAINED OF IN THE COMPLAINT AND PROVIDE THAT A CIVIL ACTION MAY BE COMMENCED BY AN AGGRIEVED PERSON WHETHER OR NOT A COMPLAINT HAS BEEN FILED WITH THE COMMISSION.
S. 546 -- Senator Drummond: A BILL TO AMEND SECTION 24-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF STATE AND LOCAL FACILITIES HOUSING PRISONERS AND PRETRIAL DETAINEES, SO AS TO PROVIDE FOR AN INSPECTION OF FOOD SERVICE OPERATIONS; AND TO AMEND SECTION 24-9-30, RELATING TO THE ENFORCEMENT OF MINIMUM STANDARDS FOR THE INSPECTIONS, SO AS TO INCLUDE THE FOOD SERVICE INSPECTION AND PROVIDE FOR ACTION THAT MAY BE ORDERED BY THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS INSTEAD OF CLOSING A FACILITY WHEN STANDARDS ARE NOT MET.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The amendment proposed by the Committee on Corrections and Penology (Doc. No. 3338R) was adopted as follows:
Amend the bill, as and if amended, SECTION 1, page 2, lines 2 and 3 by deleting /and health/ after the words /appropriate fire/.
Amend the bill further, SECTION 1, page 2, line 3 by inserting after /regulations./ the following:
/Inspections of food service operations must be based on state food service regulations promulgated by the Department of Health and Environmental Control./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1247 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (Doc. No. 1351X) was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 40-28-160 of the 1976 Code, as last amended by an act of 1990 bearing ratification number 410, is further amended to read:
"Section 40-28-160. The right to engage in the practice of landscape architecture is a personal right, based upon the qualifications of the individual evidenced by his license.
(a) The license is not transferable. All final drawings, specifications, plans, reports, or other papers or documents involving the practice of landscape architecture, as defined in Section 40-28-10, when issued, or filed for public record, shall must be dated, and bear the name and seal of the landscape architect or landscape architects who prepared or approved them.
(b) A corporation or partnership as such may not be licensed or registered to practice landscape architecture or to use any form of the title "Landscape Architect" in connection with the corporate or partnership name.
(c) Nothing in subsections (a) and (b) of this section shall be construed to prevent the formation of partnerships Partnerships and corporations which meet the following conditions may be formed as a vehicle for the practice of landscape architecture subject to the following conditions:
(1) The practice of or offer to practice landscape architecture for others as defined in Section 40-28-10 by individual landscape architects licensed under this chapter through a corporation as officer, employees or agents, or through a partnership as partners, officers, employees or agents, or the offering or rendering of landscape architecture services by corporation or partnership through individual landscape architects licensed under this chapter is permitted, subject to the provisions of this chapter; provided, that if (i) one or more of the corporate officers in the case of a corporation, or one or more of the partners in the case of a partnership, are designated as being responsible for the professional services described in Section 40-28-10 of the corporation or partnership and are landscape architects under this chapter; and (ii) all personnel of the corporation or partnership, who act in its behalf as landscape architects, are licensed under this chapter; and (iii) the corporation or partnership has been issued a certificate of authorization by the board, as hereinafter provided. The requirements of this chapter shall do not prevent a corporation and its employees from performing landscape architectural services for the corporation or subsidiary or affiliated corporations.
(2) A corporation or partnership issued a Certificate of Authorization to provide or offer to provide landscape architectural services to the public in this State shall:
(a) submit an initial fee and file with the board, on a form prescribed by the board, a listing of names and addresses of all principals and officers, as well as all principals, officers, agents, and employees, who are in responsible charge of the practice in this State and are licensed to practice landscape architecture in this State;
(b) ensure that all documents involving the practice of landscape architecture which are prepared for the use of the corporation or partnership bear the signature and seal of a landscape architect registered and licensed in this State;
(c) advise the board in writing within thirty days of a change in status of a principal, officer, agent, or employee registered and licensed under this chapter;
(d) have a resident landscape architect duly registered to practice in this State in responsible charge of a place of business maintained in this State for the purpose of providing or offering to provide landscape architectural services to the public;
(e) file a form giving current information, as prescribed in (a) above, with the annual renewal fee to be determined by the board.
(3) No corporation or partnership is relieved of responsibility for conduct or acts of its agents, employees, or officers by reason of its compliance with the provisions of this section, nor is an individual practicing landscape architecture as defined in Section 40-28-10 relieved of responsibility of landscape architectural services performed by reason of his employment or relationship with the corporation or partnership.
(4) Disciplinary action against a corporation or partnership must be administered in the same manner and on the same grounds as disciplinary action against a registered landscape architect."/
Amend title to conform.
Senator DRUMMOND explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MOORE proposed the following amendment (Doc. No. 1412X), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 58-23-1210 of the 1976 Code is amended to read:
"Section 58-23-1210. In counties a county containing a city having a population in excess of seventy thousand inhabitants according to the then most recent official United States census every taxi shall must be licensed as such. The governing body of a county containing a city having a population in excess of ten thousand but seventy thousand or less inhabitants according to the most recent official United States census may license the taxis in the county. The owner of such a taxi or his agent shall annually during the month of July shall register such the taxi with the governing body of such the county and shall thereupon obtain from the governing body an application for such the license. Upon presentation of such the application, properly completed, to the governing body of the county and payment to the governing body of a license fee of two dollars, the governing body shall issue a license card or plate which shall must bear a number, indicate that the vehicle is a taxi, identify it by make, model, and number, and the name of the owner, and show the year for which the license is issued. Such The license card or plate shall must be affixed in the vehicle at such a place and in such a manner as to be readily seen readily."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MOORE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (Doc. No. 1354X) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 40-55-85. The board shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 (Administrative Procedures Act) implementing the requirements for continuing education which must be met by each person licensed as a psychologist under the provisions of this chapter. Each applicant for license renewal shall present evidence satisfactory to the board that he has met the continuing education requirements as set by the regulations."
SECTION 2. The State Board of Examiners in Psychology shall promulgate regulations implementing the requirements for continuing education under Section 40-55-85, as added in Section 1 of this act, by January 1, 1991.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 138 -- Senators Wilson, Giese, Thomas and Bryan: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Medical Affairs.
Senator LONG objected to further consideration of the Bill.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Medical Affairs.
On motion of Senator LEATHERMAN, the Bill was carried over.
H. 4890 -- Reps. J. Rogers, McEachin, Gentry and D. Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 11, 1990, AT 12:30 P.M., AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE ERNEST A. FINNEY, JR., ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1990, A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JONATHAN Z. MCKOWN, RESIDENT CIRCUIT JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, WHO IS RETIRING EFFECTIVE MAY 7, 1990; AND SUCCESSORS TO THE HONORABLE JAMES A. SPRUILL, JR., FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERMS EXPIRE JUNE 30, 1990.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
Senator MOORE proposed the following amendment (Doc. No. 1751A).
Amend the resolution, as and if amended, page 4890-3, by adding a new resolving clause at the end to read as follows:
"Be it further resolved that any candidate receiving a majority of the votes cast in any election must be declared to be the winner of that election if a quorum is present whether or not a majority of the members of the combined houses vote. A majority of the votes cast is defined as fifty percent of the legal number of votes cast plus any fraction of a whole number in excess of fifty percent of the legal number of votes cast."
Amend title to conform.
Senator SHEALY objected to further consideration of the Resolution.
H. 4892 -- Reps. Jaskwhich, Keyserling, Snow, Elliott, Altman, Corbett, Bennett, McLeod, Haskins, McElveen, Clyborne, Wilkins and Keegan: A CONCURRENT RESOLUTION TO DECLARE SUNDAY, APRIL 22, 1990, AS "EARTH DAY 1990" IN SUPPORT OF THE DECADE OF THE ENVIRONMENT AND TO ENCOURAGE PUBLIC AND INDIVIDUAL PARTICIPATION IN APPROPRIATE ACTIVITIES PROMOTING PRESERVATION OF THE GLOBAL ENVIRONMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Concurrent Resolution was carried over:
H. 4905 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 18, 1990, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, AND WINTHROP COLLEGE, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1990 AND TO FILL VACANT SEATS ON THESE BOARDS THE PRESENT TERMS FOR WHICH EXPIRE IN 1990 AND 1992.
(On motion of Senator SHEALY)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1440 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
Senator LEATHERMAN moved to reconsider the vote whereby the amendment (Doc. No. 0544I) proposed by Senator PASSAILAIGUE was adopted, and if the motion to reconsider prevailed, to carry over the amendment.
Senator McCONNELL objected.
Senator LEATHERMAN stated that the motion to reconsider was made during the Motion Period and, therefore, the motion could not be objected to as it did not require unanimous consent.
Senator McCONNELL raised a Point of Order that the motion to reconsider the vote whereby the amendment (Doc. No. 0544I) proposed by Senator PASSAILAIGUE was adopted was out of order inasmuch as it could not be made during the Motion Period, but could only be made when the Bill was taken up for consideration in its proper place on the statewide second reading contested Calendar.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 351 -- Senator Leatherman: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, GIVING FALSE INFORMATION AS TO AGE TO PURCHASE BEER OR WINE, SECTION 61-9-60, BUYING BEER OR WINE ON LICENSED PREMISES TO GIVE IT TO A PERSON WHO CANNOT LAWFULLY CONSUME IT ON THE PREMISES, SECTION 61-13-287, TRANSFERRING OR GIVING BEER OR WINE TO A PERSON UNDER AGE TWENTY-ONE, SECTION 20-7-370, UNDER AGE POSSESSION OF BEER OR WINE, AND SECTION 20-7-380, UNDER AGE POSSESSION OF ALCOHOLIC LIQUORS, TO PROVIDE THAT THE SUSPENSION IS FOR A PERIOD OF SIX MONTHS FOR A FIRST OFFENSE, AND ONE YEAR FOR A SECOND OR SUBSEQUENT OFFENSE, TO PROVIDE THAT A VIOLATION OF ANY OF THE ENUMERATED OFFENSES WITHIN TEN YEARS FOLLOWING CONVICTION OF ANY OF THE OTHER ENUMERATED OFFENSES IS CONSIDERED A PRIOR OFFENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Transportation.
Senator LEATHERMAN moved to carry over the Bill.
Senator McCONNELL moved to table the motion to carry over the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Macaulay Martschink McConnell Passailaigue Setzler
NAYS
Bryan Courson Drummond Fielding Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Martin Matthews McGill McLeod Mitchell Moore Mullinax Peeler Pope Rose Saleeby Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate refused to table the motion to carry over the Bill.
The question then was the motion to carry over the Bill.
Senator WILLIAMS spoke on the Bill.
Senator POPE spoke on the Bill.
On motion of Senator LINDSAY, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
Senator SETZLER asked unanimous consent to make a motion that the Senate revert to the Motion Period at the conclusion of the contested Calendar.
Senator McCONNELL objected.
S. 1255 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE DISPOSAL SITES, SO AS TO REVISE THE REQUIREMENTS FOR HAZARDOUS WASTE DISPOSAL BEGINNING JULY 1, 1990.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators PASSAILAIGUE and McCONNELL proposed the following amendment (Doc. No. 3108R, G2):
Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered:
/SECTION __. Section 44-56-160(A) and (B) of the 1976 Code are amended to read:
"(A) The Department of Health and Environmental Control is directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills, and necessary from accidents in the transportation of hazardous materials, and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. The Contingency Fund must be financed through the imposition of fees provided in Sections 44-56-170 and 44-56-510 and annual appropriations which must be provided by the General Assembly. An amount equal to three fifty-one dollars a ton for wastes reported under Section 44-56-170(A), four seventy-six dollars a ton for wastes reported under Section 44-56-170(E), one dollar a ton for wastes reported under Section 44-56-510(1), and two dollars a ton for wastes reported under Section 44-56-510(2) must be held separate and distinct within the Fund for the purpose of response actions arising from the operation of permitted land disposal facilities in this State. From the fund created for permitted sites, an amount equal to one dollar a ton for hazardous waste must be held separate and distinct within the Fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. Of the fee imposed under Section 44-56-170(E), one dollar a ton must be returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disperse the funds quarterly to counties which contain commercial hazardous waste land disposal sites. Any interest accruing from the management of the funds held pursuant to this section must be credited to the Contingency Fund."/
(B) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. This Contingency Fund is financed from the fee provided in Section 44-56-170(C) and (E). Of the fifteen and eighteen nineteen dollars a ton, respectively, collected under those subsections which is used to defray the cost of governmental response actions at uncontrolled hazardous waste sites, fifty cents a ton must be set aside and used exclusively for the Pinewood Hazardous Waste Contingency Fund. The monies from this fund must be returned to the governing body of the Town of Pinewood which must be used by its law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the municipality. The State Treasurer shall disperse the funds quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management of the funds held pursuant to this section must be credited to this Contingency Fund."
Amend the bill further, as and if amended, by adding the following new section to be appropriately numbered:
/SECTION __. Subsections (C) and (E) of Section 44-56-170 of the 1976 Code are amend to read:
"(C) There is imposed a fee of twenty-five seventy-three dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal.
(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the Department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty one hundred and two dollars a ton."/
Amend title and renumber sections to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Debate was interrupted by Recess.
At 12:56 P.M., on motion of Senator WADDELL, with unanimous consent for Senator PASSAILAIGUE to retain the floor, the Senate receded from business until 3:30 P.M.
The Senate reassembled at 3:30 P.M. and was called to order by the PRESIDENT.
S. 1255 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE DISPOSAL SITES, SO AS TO REVISE THE REQUIREMENTS FOR HAZARDOUS WASTE DISPOSAL BEGINNING JULY 1, 1990.
The Senate resumed consideration of the Bill. The question being adoption of the amendment (Doc. No. 3108R, G2) proposed by Senators PASSAILAIGUE and McCONNELL.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment and Senator J. VERNE SMITH argued contra.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator MULLINAX moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Hayes Helmly Hinds Hinson Leatherman Lee Lindsay Long Lourie Martin McGill Moore Mullinax Peeler Pope Russell Saleeby Setzler Shealy Smith, J.V. Stilwell Waddell Williams Wilson
NAYS
Courson Land Leventis Macaulay Martschink Matthews McConnell Mitchell Passailaigue Rose Thomas
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following amendment (Doc. No. 2999R, G2), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read as follows:
/SECTION __. The 1976 Code of Laws of South Carolina is amended by adding the following new code section:
"Notwithstanding any other provision of law, any person found liable of violating the provisions of the South Carolina Hazardous Waste Management Act or regulations pursuant thereto, or any person held to be criminally or civilly liable for improperly handling or disposing of hazardous waste, or any person determined to be responsible for a clean-up of hazardous waste is prohibited from deducting any expenses incurred in litigation or remedial actions associated with such liability that might otherwise be deductible from South Carolina income taxation."/
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator MULLINAX moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Hayes Helmly Hinds Hinson Leatherman Lee Lindsay Long Lourie Martin McGill Moore Mullinax Patterson Peeler Russell Saleeby Shealy Smith, J.V. Smith, N.W. Stilwell Waddell Williams
NAYS
Courson Land Leventis Macaulay Martschink Matthews McConnell Mitchell Passailaigue Pope Rose Setzler Thomas Wilson
The amendment was laid on the table.
Senators LAND, LEVENTIS, ROSE and MITCHELL proposed the following amendment (Doc. No. 3069R), which was tabled:
Amend the bill, as and if amended, page 1255-2, Section 44-56-60(a) as contained in SECTION 1, line 23, by adding the following:
/(a)(1) The policy of this State is that hazardous waste must cease being landfilled in this State at the earliest possible time. The Department of Health and Environmental Control shall evaluate annually the effect of increased fees for burial, interstate arrangements or compacts, alternate methods of storage or disposal, recycling, incineration, and other methods of treatment and other factors which tend to reduce the volume of hazardous waste. The results of the Department of Health and Environmental Control evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, together with the department's recommendations for reduced landfill capacity./
Renumber sections to conform.
Amend title to conform.
Senator LAND argued in favor of the adoption of the amendment.
Senator LAND moved that the amendment be adopted.
Senator MULLINAX moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Helmly Hinds Hinson Leatherman Lee Lindsay Long Lourie Martin McGill McLeod Moore Mullinax Peeler Pope Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Waddell Williams
NAYS
Courson Land Leventis Macaulay Martschink Matthews McConnell Mitchell Passailaigue Patterson Rose Stilwell Thomas Wilson
The amendment was laid on the table.
While the intent and sentiment expressed in the foregoing amendment was a worthy attempt to establish a policy statement on the land disposal of hazardous waste; my considered judgment is that the wording chosen by the author does not truly embody the interest and sentiment he expressed in his oral presentation. For that reason and also because a further amendment will be offered to accomplish this purpose, I voted to table Senator LAND'S amendment.
On Wednesday, April 4, 1990, I was out of the chamber and unable to return in time to cast my vote on the LAND, LEVENTIS, ROSE and MITCHELL amendment. I would have voted not to table the amendment had I been present to vote.
Senator HINDS, with unanimous consent, proposed the following amendment (Doc. No. 3375R, G2), which was adopted:
Amend the bill, as and if amended, page 1, line 18, before the enacting clause and after the title by inserting the following:
/WHEREAS, the General Assembly reaffirms its policy that landfilling is the least desirable method of disposing of hazardous waste; and
WHEREAS, the existing permitted commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources; and
WHEREAS, it is essential that the limited waste treatment and disposal capacity of our existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first; and
WHEREAS, the existing commercial landfill must give preference to South Carolina generators so as to decrease the capacity available to out-of-state waste; and
WHEREAS, the General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and
WHEREAS, the final permit for the existing hazardous waste landfill facility does not contain a restriction on the importation of hazardous waste; and
WHEREAS, reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to restrict access and will not continue to accept hazardous waste for purposes of disposal;
For these reasons, the State of South Carolina by amendment of Chapter 56 of Title 44 of the 1976 Code reduces the cap on the amount of hazardous waste disposed in South Carolina, restricts the transportation and disposal of out-of-state hazardous waste commercially landfilled in this State and promotes in-state interests by giving preference to the disposal of hazardous waste generated within this State./
Amend title and renumber sections to conform.
Senator HINDS argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator McCONNELL desired to be recorded as voting against the adoption of the amendment.
I wish to be recorded as voting "No" on this amendment. The reason is this amendment implies landfilling is "disposal". In no sense of the dictionary definition is burial disposal. The amendment also by inference says landfilling as conducted at GSX is acceptable. I do not believe this is so from a realistic long-term perspective.
Senators ROSE, THOMAS, LEVENTIS, McCONNELL, PASSAILAIGUE and MITCHELL proposed the following amendment (Doc. No. 1729A), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. "Any corporation or other entity owning a controlling interest in another corporation or other entity operating a permitted hazardous waste disposal site is jointly and severally liable with the permitted operator of the site for any damage to the environment or to any person or property resulting from the storage or disposal of waste material at the permitted site."/
Amend title to conform.
Renumber sections appropriately.
Senator ROSE argued in favor of the adoption of the amendment.
Senator ROSE moved that the amendment be adopted.
Senator LINDSAY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Hayes Helmly Hinds Hinson Leatherman Lee Lindsay Long Lourie Martin McGill Moore Mullinax Patterson Smith, J.V. Smith, N.W. Stilwell Waddell Williams
NAYS
Courson Land Leventis Macaulay Martschink Matthews McConnell McLeod Mitchell Passailaigue Peeler Pope Rose Setzler Shealy Thomas Wilson
The amendment was laid on the table.
I voted to table this amendment because I feel it is patently unconstitutional.
I voted not to table this amendment; though it may be unconstitutional, this is decided by the courts and not the Senate.
I voted against the Rose amendment that would make a parent company jointly and severally liable for any damages caused by dumping hazardous waste because the amendment is most likely unconstitutional and, since it only goes to one tier, would have little or no effect.
I introduced and voted for this amendment because (1) all landfills eventually will leak; (2) leakage of the hazardous waste landfill at Pinewood could cause catastrophic damage to the environment and could cost some $1.5 billion to clean up; (3) the company owning this Pinewood landfill clearly has inadequate assets to pay these damages, in part because its parent Canadian company has siphoned off most of its assets; (4) under current law this parent Canadian company may not be liable for damage to the environment caused by the company operating the Pinewood landfill; and (5) this amendment would impose liability on the parent Canadian company, thereby insuring the parent and subsidiary companies together have enough assets to pay for leakage of the landfill. Nor do I consider this amendment to be unconstitutional. While the amendment discriminates against companies storing or disposing of waste at a permitted site, this discrimination is rationally based and justified by special circumstances and dangers, and therefore is permissible.
The amendment proposed by Senator ROSE which would have amended S. 1255 to include a provision mandating joint and several liability was blatantly unconstitutional. It is clear it was aimed at one certain type of industry and constituted an unreasonable classification in violation of the equal protection provisions of S.C. Const. Art. 1, Section 3.
Article III, Section 34 of the South Carolina Constitution prohibits the legislature from enacting a special law where a general law can be made applicable. This amendment singled out for special treatment a certain type of industry. Since this separate classification was not reasonable, it would not meet constitutional standards.
Moreover, under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a number of courts have found that liability is joint and several. Courts have also found that liability is strict, i.e., imposed for actions that cause contamination in the absence of fault. This conclusion rests on CERCLA'S definition of "liable" as the standard which applies under the Clean Water Act. Thus, someone could be liable for any or all of the costs and damages resulting from contamination.
I voted to oppose this amendment because it was unconstitutional, unnecessary and would have jeopardized passage of S. 1255.
The question then was third reading of the Bill.
Senator J. VERNE SMITH spoke on the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The Bill was read the third time, passed and ordered sent to the House of Representatives.
I voted aye because overall the bill was an improvement but I take strong excepton with the language which implies that underground storage of hazardous waste is a desirable means of disposal.
S. 1466 -- Senator Rose: A BILL TO AMEND SECTION 8-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ETHICS COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, SO AS TO REQUIRE THE COMMITTEES TO BE COMPOSED OF AN EQUAL NUMBER OF MEMBERS OF THE TWO POLITICAL PARTIES HAVING THE LARGEST NUMBER OF MEMBERS IN EACH BODY.
On motion of Senator SALEEBY, with unanimous consent, the Bill was recalled from the Committee on Ethics.
On motion of Senator SALEEBY, the Bill was referred to the Committee on Judiciary.
H. 4807 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO PROVIDE THAT THE SUPERB ACCOUNT MAY BE USED TO PAY ADMINISTRATIVE COSTS AND SPECIFY QUALIFYING REHABILITATION COSTS WHICH MAY BE PAID FROM THE ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE THE REDUCED UNDERGROUND STORAGE TANK REGISTRATION FEE AND REGISTRATION CERTIFICATE REQUIREMENTS, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT AND NOTIFICATION REQUIREMENTS FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
On motion of Senator WADDELL, with unanimous consent, the Bill was taken up for immediate consideration. The question being the second reading of the Bill.
On motion of Senator WADDELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
On motion of Senator WADDELL, with unanimous consent, the Bill was made a Special Order.
S. 243 -- Senators Pope and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
On motion of Senator POPE, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 0862o) was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect January 1, 1991./
Amend title to conform.
Senator PEELER proposed the following amendment (Doc. No. 1451X), which was adopted:
Amend the bill, as and if amended, Section 44-53-50, as contained in SECTION 1, page 3, by striking subsection (E) and inserting:
/(E) Any person who knowingly sells, manufactures, or distributes any cleaning agent in violation of the provisions of this section shall receive a written warning from the Department of Health and Environmental Control for the first violation. For a subsequent violation, the person is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five thousand dollars or a term of imprisonment not exceeding one year. Each unlawful sale constitutes a separate violation./
Amend title to conform.
Senator PEELER explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator POPE asked unanimous consent to make a motion to make the Bill a Special Order.
Senator THOMAS objected.
At 5:32 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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