South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

WEDNESDAY, APRIL 17, 1991

Wednesday, April 17, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

We thank You, Heavenly Father, for the revelation of Yourself and of Your way as given in the Holy Scriptures. May we see the Bible like pure gold, unalloyed by earthly substance, as a star without blemish, a sun without a blot, a light without darkness, a moon without paleness, a brilliance without dimness - perfect and pure.
Cause us to see Your Word as a place our wit and wisdom fail, where truth is untainted by error, giving us pure and perfect truth.

Cause us, then, at all times to use "Your Word as a lamp unto our feet, and a light unto our path" (Psalm 119:105). Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 16, 1991

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-45, H. 3700 by a vote of 44 to 0.
H. 3700 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.
Very respectfully,
President

No. 081

Received as information.

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

April 2, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

It is with great pleasure that the South Carolina Chapter of The American Institute of Architects invites the South Carolina Legislature to a reception May 1, 1991. The event is scheduled from 6:00 P.M. until 8:00 P.M. at our Chapter Headquarters, 1522 Richland Street, Columbia.

We are looking forward to hosting this reception and honoring the members of the South Carolina Senate and House of Representatives.

Yours very truly,
Katherine W. Smith
Executive Director
AIA South Carolina

January 21, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The South Carolina Dairy Association wishes to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to the Annual Dairy Fest Breakfast on Thursday, May 2, 1991, from 7:30 - 9:30 A.M. The reception will be held at the Capital City Club in the AT&T Building.

Sincerely,
Kelly Smith
Executive Director

November 21, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

On behalf of the Columbia Chapter of the Alzheimer's Association, I would like to extend an invitation to the South Carolina House of Representatives to attend our Chapter's Annual Legislative Dinner on Tuesday, May 7, 1991 at the William S. Hall Psychiatric Institute in the Main dining room from 6:00 P.M. to 8:00 P.M.

Alzheimer's is a devastating disease that affects thousands of South Carolinians every year. It takes a severe emotional and financial toll on families and is an issue that must be addressed. We appreciate the opportunity to help inform our policy makers about this illness and the needs of South Carolina citizens.

We look forward to having you and many Representatives with us on May 7th. Thank you.

Sincerely,
Leanne Richard
Executive Director

February 1, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

I would like to request that the Governor's Legislative Reception be placed on the Legislative Calendar.

This reception is scheduled for Wednesday, May 15, 1991 from 6:00 until 8:00 P.M. at the Governor's Mansion for both the House and Senate members.

Thank you for your assistance in this matter.

Sincerely,
Ginger G. Huggins
Social Director

MOTION ADOPTED

Rep. CORBETT moved that when the House adjourns, it adjourn in memory of Mrs. Mary Carolyn Alfred Peay of Myrtle Beach, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 16, 1991

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 3349, and requests that proper notation be recorded on the Bill:
H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
Very respectfully,
President

No. 076

H. 3349--ORDERED ENROLLED FOR RATIFICATION

A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.

Rep. RHOAD explained the Senate amendment.

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

REPORTS OF STANDING COMMITTEES

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

S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.

Ordered for consideration tomorrow.

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

H. 3592 -- Reps. Snow, Bruce, Bennett and Rhoad: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.

Ordered for consideration tomorrow.

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

H. 3506 -- Reps. Bennett, McTeer and Wilder: A JOINT RESOLUTION TO PROHIBIT THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996.

Ordered for consideration tomorrow.

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

H. 3291 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES, AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 3287 -- Reps. Wright, Rama and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO REGULATE THE LAWFUL NOISE LEVEL AND THE EXHAUST SYSTEMS OF MOTORS USED TO PROPEL WATERCRAFT; AND TO REPEAL ARTICLE 11, CHAPTER 25, TITLE 50 RELATING TO MOTORBOATS ON LAKE WYLIE.

Ordered for consideration tomorrow.

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

H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3446 -- Reps. Stoddard, Hallman, G. Bailey, Waldrop, D. Elliott, Short, Clyborne, Bennett, Harvin, Phillips, Wells, Farr, Foster, J.W. Johnson and Baker: A BILL TO AMEND SECTION 16-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS IN REGARD TO THE REGULATION OF FIREARMS, SO AS TO REVISE THE DEFINITION OF A "MILITARY FIREARM".

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 177 -- Senators Martschink and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3731 -- Rep. P. Harris: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3765 -- Reps. Koon and Klapman: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND RECOMMEND TO THE BUDGET AND CONTROL BOARD A PROCESS TO TRAIN STATE PERSONNEL TO INSTALL, SERVICE, AND REPAIR ANY TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM USED BY THE STATE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3590 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-245 SO AS TO PROVIDE THAT WHEN A UNINSURED MOTOR VEHICLE IS INVOLVED IN AN ACCIDENT WHERE THE INSURED DRIVER OF THE OTHER VEHICLE IS AT FAULT, THE UNINSURED DRIVER, IF ANY, IS ENTITLED TO ACTUAL DAMAGES FOR BODILY INJURY ONLY.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3292 -- Reps. J. Bailey, Haskins and Wilder: 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 SEVENTY-TWO YEARS OF AGE OR OLDER.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3312 -- Rep. Hayes: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3412 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-31-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS, AND TO AMEND SECTION 12-45-15, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS, SO AS TO REVISE THESE REQUIREMENTS AND THE PENALTIES FOR FAILURE TO SATISFACTORILY COMPLETE THEM.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3438 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF A CHILD IS SELF-SUPPORTING FOR PURPOSES OF TERMINATING CHILD SUPPORT AND TO EXTEND CHILD SUPPORT UNTIL AGE NINETEEN IF THE CHILD IS IN HIGH SCHOOL AND MAKING SATISFACTORY PROGRESS AND TO REVISE PROVISIONS RELATING TO EXTENDING CHILD SUPPORT BEYOND AGE EIGHTEEN WHEN THE CHILD IS MENTALLY OR PHYSICALLY DISABLED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3466 -- Rep. Altman: A BILL TO AMEND SECTION 30-5-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DERIVATION CLAUSES OF DEEDS AND MORTGAGES, SO AS TO PROVIDE THAT A DERIVATION CLAUSE ALSO IS NOT REQUIRED ON A DEED OR MORTGAGE OF PROPERTY DEVOTED TO A HIGHWAY PURPOSE AND TO MAKE GRAMMATICAL CHANGES.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3477 -- Reps. Barber, Wilkins, J. Williams, G. Bailey, Rama, Cole, L. Elliott, Chamblee, Kempe, A. Young, Klapman, Smith, Beatty, Haskins, Cato, Vaughn, Sturkie, Holt, J.W. Johnson, J. Brown, Scott, Huff, Lanford, Koon, Wilkes, Wright, Burch, Corning, Gregory, J.C. Johnson and Waites: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3603 -- Reps. Waites and Kinon: A BILL TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 18 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL CANDIDATE NOMINATIONS BY PETITION, SO AS TO EXTEND THE TIME FOR FILING THE PETITION IN THE EVENT OF AN EMERGENCY DECLARED BY THE GOVERNOR AND THE CONDITIONS PRECIPITATING THE EMERGENCY DECLARATION PREVENT THE CANDIDATE FROM TIMELY FILING THE PETITION.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 227 -- Senator Rose: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO PROVIDE THAT FOR PURPOSES OF THIS SECTION STATE HOLIDAY DOES NOT MEAN THE GENERAL ELECTION DAY.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.

Ordered for consideration tomorrow.

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

H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.

Ordered for consideration tomorrow.

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

H. 3435 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT APPLICATION OF CHILD SUPPORT GUIDELINES TO AN EXISTING CHILD SUPPORT ORDER IS CONSIDERED A CHANGE OF CIRCUMSTANCES FOR MODIFICATION OF THE ORDER.

Ordered for consideration tomorrow.

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

H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.

Ordered for consideration tomorrow.

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

H. 3493 -- Rep. Felder: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDATION OF VETERANS' DISCHARGE AND OBTAINING A CERTIFIED COPY OF A REGISTERED DISCHARGE OR REGISTERED CERTIFICATE OF LOST DISCHARGE, SO AS TO DELETE THE PROVISION FOR A SPECIFIC FEE OF FIFTY CENTS FOR THE CERTIFIED COPY AND PROVIDE THAT FEES FOR FURNISHING A CERTIFIED COPY MAY BE ESTABLISHED BY EACH COUNTY BUT NOT TO EXCEED FIFTY CENTS, TO PROVIDE THAT THE CLERK OF COURT MAY DESIGNATE TO THE COUNTY VETERANS' AFFAIRS OFFICER RESPONSIBILITIES UNDER SECTIONS 30-15-10, 30-15-20, 30-15-30, 30-15-40, AND 30-15-60 UPON AGREEMENT OF THE CLERK AND VETERANS' AFFAIRS OFFICER, TO PROVIDE THAT ANY TRANSFER OF RECORDS MUST BE APPROVED BY THE COUNTY GOVERNING BODY, AND TO PROVIDE THAT, UPON THE TRANSFER OF RECORDS BEING MADE, THE COUNTY VETERANS' AFFAIRS OFFICER MAY ISSUE CERTIFIED COPIES AS REQUESTED.

Ordered for consideration tomorrow.

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

H. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES.

Ordered for consideration tomorrow.

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

S. 262 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-2385, AS AMENDED, AND SECTION 20-7-2388, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR SUBSTITUTION OF MEMBERS ON THE BOARDS.

Ordered for consideration tomorrow.

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

S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3922 -- Reps. Carnell, McAbee, Tucker, Townsend, Cooper, Chamblee, Shirley, Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Cato, Clyborne, Cole, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Short, Smith, Snow, Stoddard, Sturkie, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST OUTSTANDING PUBLIC SERVANTS, THE HONORABLE PATRICK BRADLEY HARRIS, ON THE OCCASION OF HIS UPCOMING EIGHTIETH BIRTHDAY.

Whereas, one of this State's and the General Assembly's most beloved public officials, Representative Patrick Bradley Harris of Anderson, will celebrate his eightieth birthday on April 19, 1991; and

Whereas, "Mr. Pat" is a native South Carolinian who has served with distinction as a member of the South Carolina House of Representatives continuously since 1969 earning the respect and receiving the affection of his many colleagues, constituents, and friends over the years; and

Whereas, during his service in the House, he has continued to be an active community and civic leader in his home city and county of Anderson; and

Whereas, throughout his tenure in the General Assembly, Pat Harris has championed the cause of the mentally ill and the handicapped; and

Whereas, "Mr. Pat" has also been a strong voice for sound state fiscal policies through his service as chairman of the Joint Appropriations Review Committee and as a senior member of the House Ways and Means Committee; and

Whereas, perhaps the best evidence of his personal integrity and character was his election as chairman of the House Ethics Committee, a position through which he brought credit not only upon himself but upon the House as well during the years he served on this committee; and

Whereas, "Mr. Pat" always has time for a friendly and very often humorous word for all those with whom he comes into contact, including the influential, the average citizen, those who may need his help, or just his friends; and

Whereas, Governor Campbell by proclamation has declared Friday, April 19, 1991, as "Pat Harris Day" throughout South Carolina in recognition of the contributions that this outstanding man has made to South Carolina; and

Whereas, Pat Harris embodies the best of what a public official should be and his friends and colleagues in the General Assembly, by this resolution, would like to wish to him a very happy birthday and every best wish for health and happiness as he enters his eighty-first year. Now, therefore,

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

That the members of the General Assembly hereby congratulate one of South Carolina's most outstanding public servants, the Honorable Patrick Bradley Harris, on the occasion of his upcoming eightieth birthday.

Be it further resolved that a copy of this resolution be presented to the Honorable Patrick Bradley Harris.

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

STATEMENT BY REP. CARNELL

On motion of Rep. MATTOS, with unanimous consent, Rep. CARNELL's remarks were ordered printed in the Journal as follows:

"The resolution just read was to congratulate our most beloved member of the General Assembly on his 80th birthday. Rep. PAT HARRIS was born at a very young age on April 19, 1991. Pat has slept in the House of Representatives since 1969. This makes him number 2 in senility in the House, I mean in seniority, Mr. Pat. He once told me, he never wanted to be number 1. I naturally couldn't understand the remarks, because as you know, I thought being number 1 was something special. My curiosity got the best of me and I asked him just why he never wanted to be number 1. Without batting an eye, he said 'Heck, number 1 is too close to nothing.' Pat, you know we all love you, not only for what you have done for each of us, but also for those not here, especially the unfortunate ones. Mr. Pat, we wish you a very happy birthday and we pray that you will stay in the saddle many more years and die with your boots on sometime after you pass the century mark."

CONCURRENT RESOLUTION

The following was introduced:

H. 3923 -- Rep. Rudnick: A CONCURRENT RESOLUTION COMMENDING THE SOUTH CAROLINA STATE LIBRARY FOR SPONSORING A "READ-IN" ON THE STATE HOUSE GROUNDS ON APRIL 17, 1991 -- A PRO-LITERACY EVENT CELEBRATING THE IMPORTANCE AND JOY OF READING IN OUR EVERYDAY LIVES.

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

HOUSE RESOLUTION

The following was introduced:

H. 3925 -- Reps. Koon, Felder, Sharpe, Sturkie, Klapman and Wright: A HOUSE RESOLUTION TO CONGRATULATE MR. JERRY R. PRICE OF LEXINGTON WHO IS THE NEW POSTMASTER OF THE LEXINGTON POST OFFICE AND TO WISH HIM WELL IN THIS POSITION.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3921 -- Rep. Rama: A BILL TO AMEND SECTION 43-5-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO DEFINE INCOME AS IT IS USED IN THE GUIDELINES FOR MINIMUM CONTRIBUTIONS APPLIED BY THE COURTS TO DETERMINE SUPPORT.

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

H. 3924 -- Rep. Cromer: A BILL TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE FOR THE HOLDING OF A PUBLIC HEARING BEFORE A LANDFILL MAY BE ESTABLISHED IN ANY LOCALITY IN THIS STATE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 282 -- Senator Mullinax: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF MOTOR VEHICLE DEALER AND WHOLESALER LICENSE PLATES BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A DEALER PLATE MAY NOT BE ISSUED UNLESS THE APPLICANT FURNISHES PROOF THAT THE APPLICANT HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN RETAIL SALES OF MOTOR VEHICLES IN THE TWELVE MONTHS PRECEDING THE APPLICATION.

Referred to Committee on Labor, Commerce and Industry.

S. 295 -- Senators Setzler and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.

Referred to Committee on Education and Public Works.

S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: A BILL TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-160 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS, SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION FOR EIGHTH GRADE STUDENTS, SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE, AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING.

Referred to Committee on Education and Public Works.

S. 434 -- Senator Passailaigue: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

Referred to Committee on Judiciary.

S. 622 -- Senator Hinds: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4715 SO AS TO ALLOW STATE FORESTRY COMMISSION VEHICLES TO USE RED FLASHING LIGHTS WHEN RESPONDING TO EMERGENCIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 693 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF SUBLEASING AND THE LOAN ASSUMPTION OF A MOTOR VEHICLE.

Referred to Committee on Labor, Commerce and Industry.

S. 757 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-570 SO AS TO MAKE IT UNLAWFUL TO CONDUCT A COMPETITION FOR THE TAKING OR DISPLAY OF BIG GAME, TO PROVIDE AN EXEMPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 787 -- Senator Drummond: A BILL TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN WORDS, PHRASES, AND TERMS RELATING TO FISH AND GAME LAWS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-05 SO AS TO DEFINE TERMS AND SECTION 50-3-75 SO AS TO PROVIDE DUTIES FOR THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-15-50, RELATING TO NONGAME AND ENDANGERED SPECIES, SO AS TO DELETE PROVISIONS AUTHORIZING AGREEMENTS BETWEEN THE WILDLIFE AND MARINE RESOURCES COMMISSION AND OTHER ENTITIES AND DELETE THE REFERENCES TO CERTAIN REGULATIONS; AND TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, AND 50-21-1010 AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 814 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD (DIVISION OF STATE FIRE MARSHAL), RELATING TO FIRE AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1379, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Cromer                 Elliott, D.            Elliott, L.
Fair                   Farr                   Foster
Fulmer                 Gentry                 Gonzales
Gregory                Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Inabinett              Jaskwhich              Jennings
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCain                 McCraw                 McElveen
McGinnis               McKay                  McLeod
McTeer                 Meacham                Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Shirley
Short                  Smith                  Snow
Stoddard               Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Wofford                Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 17.

John Felder                       Alex Harvin
Maggie W. Glover                  James C. Johnson
Thomas E. Huff
Total Present--115

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 16.

DOCTORS OF THE DAY

Announcement was made that Dr. Roy Nickles and Dr. Allan Rashfield of Charleston are the Doctors of the Day for the General Assembly.

REPORT OF STANDING COMMITTEE

Rep. GREGORY, from the Colleton Delegation, submitted a favorable report, with amendments, on:

S. 667 -- Senator Washington: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.

S. 667--AMENDED AND ORDERED TO THIRD READING

On motion of Rep. GREGORY with unanimous consent, the following Bill was taken up for immediate consideration.

S. 667 -- Senator Washington: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.

Reps. GREGORY, INABINET and McTEER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11636.DW), which was adopted.

Amend the bill, as and if amended, pages 3, 4, and 5, by striking SECTION 2 and inserting:

/SECTION     2.     The seven defined single-member election districts from which one member of the Board of Trustees of the Colleton County School District must be elected by the qualified electors of that district are as follows:

District     Population     Variance
and Composition     of District

District 1
Voting District 1     170
Voting District 2     373
Voting District 3     138
Voting District 5     602
Voting District 7     524
Voting District 13     679
Voting District 23     506
Voting District 25     1,332
Voting District 33     516

District Totals     4,840     -1.45

District 2
Voting District 10     608
Voting District 11     544
Voting District 18     194
Voting District 19     609
Voting District 22     971
Voting District 26     710
Voting District 27     873
Voting District 29

Blks 308A, 328A,

328B, 329         51
Voting District 34     505

District Totals     5,065     +3.14

District 3
Voting District 30

Blks 113-117     106

Blks 123, 126-135     187

Blks 142-147,

150-154     436

Blks 157-161

167-169     38
Voting District 32     4,006

District Totals     4,773     -2.81

District 4
Voting District 6     2,614
Voting District 14     677
Voting District 17     497
Voting District 21     657
Voting District 24     390

District Totals     4,835     -1.55

District 5
Voting District 30     3,303

Less Blks 113-117     -106

Blks 123,

126-135     -187

Blks 142-147

150-154     -436

Blks 157-161

167-169     -38
Voting District 31

Blks 205-209,

233-234

Blks 236-238     249

Blks 305,

307-326     620

BG 4     802
Voting District 29

BG 5

Blks 501-522     132

Blks 524-532     125

Blks 544A-

557B     496

District Totals     4,960     +1.00

District 6
Voting District 9     1,921
Voting District 20     1,489

Less, BNA 9708

Blks 201-203,

210-211     -160

BNA 9706 Blks

501, 502,

525-534

545-573     -315
Voting District 29     2,694

Less Blks 308A,

328A, 328B,

329     -51

Blks 501-522,

524-532     -257

Blks 544A-557B     -496

District Totals     4,825     -1.75

District 7
Voting District 8     1,380
Voting District 12     631
Voting District 15     1,015
Voting District 20

BNA 9708 Blks

201-203, 210,

211     160

BNA 9706 Blks

501, 502,

525-534

545-573     315
Voting District 31     2,898

Blks 205-209

233, 234

236-238     -249

Blks 305, 307-326     -620

BG 4     -802
Voting District 35     351

District Totals     5,079     +3.42/

Amend title to conform.

Reps. GREGORY, INABINETT and McTEER proposed the following

Amend title to conform.

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

REPORTS OF STANDING COMMITTEES

Rep. GREGORY, from the Colleton Delegation, submitted a favorable report, on:

S. 560 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.

S. 560--ORDERED TO THIRD READING

On motion of Rep. GREGORY, with unanimous consent, the following Bill was taken up for immediate consideration.

S. 560 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.

The Bill was read the second time and ordered to third reading by a division vote of 2 to 1.

Rep. GREGORY, from the Colleton Delegation, submitted a favorable report, on:

H. 3263 -- Rep. Gregory: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO REDEFINE THE VOTING PRECINCTS.

Ordered for consideration tomorrow.

H. 3926--ADOPTED

The following was introduced:

H. 3926 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 388, RELATING TO SOLID WASTE, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, APRIL 17, 1991, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 388 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 388 is set by special order for second reading or other consideration on Wednesday, April 17, 1991, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until S. 388 is given third reading or it is otherwise disposed of.

Rep. McTEER explained the House Resolution.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. FELDER, with unanimous consent, the following was taken up for immediate consideration:

H. 3927 -- Rep. Felder: A HOUSE RESOLUTION TO ALLOW THE CALHOUN ACADEMY "CAVALIERS" BASKETBALL TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 25, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA BOYS STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the Calhoun Academy "Cavaliers" Basketball Team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, April 25, 1991, for the purpose of being recognized for winning the South Carolina Independent School Association Class AAA Boys State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. D. WILLIAMS, with unanimous consent, the following was taken up for immediate consideration:

H. 3928 -- Rep. D. Williams: A HOUSE RESOLUTION TO ALLOW THE MACEDONIA HIGH SCHOOL "FOXES" BASKETBALL TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 24, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1989-90 AND 1990-91 AA STATE CHAMPIONSHIPS.

Be it resolved by the House of Representatives:

That the Macedonia High School "Foxes" Basketball Team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 24, 1991, for the purpose of being recognized for winning the 1989-90 and 1990-91 AA State Championships.

The Resolution was adopted.

SPECIAL PRESENTATION

Rep. J. Brown and the Richland Delegation presented the Keenan High School Raiders Boys Basketball Team, coaches and school principals, recognizing them as winners of the Class AAA State Basketball Championship for 1991.

H.3838--DEBATE ADJOURNED

The following Bill was taken up.

H. 3838 -- Reps. Jennings and Beasley: A BILL TO CREATE THE MARLBORO COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE MARLBORO COUNTY ELECTION COMMISSION AND MARLBORO COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

Rep. Beasley asked unanimous consent to amend the Bill on third reading, which was agreed to.

Rep. BEASLEY moved to adjourn debate upon the Bill until Thursday, April 18, which was adopted.

H. 3855--DEBATE ADJOURNED

Rep. JASKWHICH moved to adjourn debate upon the following Bill until Tuesday, April 23, which was adopted.

H. 3855 -- Rep. Jaskwhich: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON STATE HIGHWAY SYSTEM ROAD S492 BETWEEN HAYWOOD ROAD, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.

ORDERED ENROLLED FOR RATIFICATION

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

S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SENT TO THE SENATE

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

H. 3548 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT A MANUFACTURER'S TRAINING CERTIFICATE IS NOT REQUIRED BEFORE A FIRE EQUIPMENT PERMIT MAY BE ISSUED BY THE STATE FIRE MARSHAL.

H. 3707--REJECTED

The following Bill was taken up.

H. 3707 -- Reps. Sharpe, Smith, Keesley, Huff, Rudnick, Gentry, Wilder, Rhoad and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 13, TITLE 51, SO AS TO CREATE THE THOROUGHBRED COUNTRY TOURISM COMMISSION.

Rep. WILDER spoke against the Bill.

Rep. SHARPE spoke in favor of the Bill.

The Bill was then rejected by a division vote of 2 to 5.

H. 3236--OBJECTIONS

The following Bill was taken up.

H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.

Reps. McCAIN, CARNELL, RAMA, FELDER, RHOAD, KOON and INABINETT objected to the Bill.

H. 3722--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.

Rep. L. MARTIN explained the Bill.

Rep. RUDNICK proposed the following Amendment No. 1, which was adopted.

Amend Section 5 by adding a new numbered subsection at the end. New number should be (9) to read as follows:

That all institutions shall post charges in a open place and failure to do so will be $100 penalty.

Rep. KOON moved to table the amendment, which was not agreed to by a division vote of 12 to 34.

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

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

H. 3381--DEBATE ADJOURNED

Rep. RAMA moved to adjourn debate upon the following Bill until Thursday, April 18, which was adopted.

H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.

H. 3628--OBJECTIONS AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

Rep. FAIR explained the Bill.

Reps. McELVEEN and HODGES objected to the Bill.

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

The Bill was read the second time and ordered to third reading by a division vote of 54 to 13.

H.3701--DEBATE ADJOURNED

Rep. WAITES moved to adjourn debate upon the following Bill until Thursday, April 18, which was adopted .

H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.

Further proceedings were interrupted by expiration of time in the uncontested Calendar.

S. 388--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. T.C. ALEXANDER having the floor.

S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: 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; 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; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.

AMENDMENT NO. 5--TABLED

Debate was resumed on Amendment No. 5, which was proposed on Tuesday, April 16, by Rep. T.C. ALEXANDER.

Rep. T.C. ALEXANDER continued speaking.

Rep. KEYSERLING spoke against the amendment and moved to table the amendment.

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

Yeas 78; Nays 18

Those who voted in the affirmative are:

Altman                 Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Bennett                Boan
Brown, G.              Brown, H.              Burch
Cato                   Clyborne               Corbett
Cork                   Elliott, D.            Elliott, L.
Fair                   Farr                   Fulmer
Glover                 Gonzales               Gregory
Hallman                Harris, J.             Harvin
Harwell                Haskins                Hayes
Holt                   Inabinett              Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Kempe                  Keyserling
Kinon                  Klapman                Koon
Littlejohn             Manly                  Martin, D.
Martin, M.             Mattos                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rogers
Rudnick                Scott                  Sharpe
Sheheen                Smith                  Snow
Sturkie                Tucker                 Vaughn
Waites                 Wells                  Whipper
Wilkes                 Wilkins                Wofford
Wright                 Young, A.              Young, R.

Total--78

Those who voted in the negative are:

Alexander, T.C.        Carnell                Chamblee
Cole                   Cooper                 Felder
Hendricks              Kirsh                  Lanford
Marchbanks             Martin, L.             McAbee
Rhoad                  Ross                   Shirley
Townsend               Waldrop                Wilder

Total--18

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M.O. ALEXANDER a temporary leave of absence.

Reps. BAXLEY, G. BROWN, GONZALES, MEACHAM, STURKIE, ROGERS, CORK, CORBETT, McLEOD, MANLY and KEMPE proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\1550.AC), which was adopted.

Amend the bill, as and if amended, by inserting at the end of Section 44-96-40(F) /In determining whether this waste recycling goal has been achieved, no more than forty percent of this goal may be met by the removal from the municipal solid waste stream of yard trash, land-clearing debris, and construction and demolition debris./

Amend title to conform.

Rep. BAXLEY explained the amendment.

Rep. WAITES spoke in favor of the amendment.

Reps. FELDER and HARWELL spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARWELL continued speaking.

Rep. WALDROP spoke against the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. HARWELL spoke against the amendment.

Rep. BENNETT moved that the House recede until 2:00 P.M.

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

Yeas 17; Nays 72

Those who voted in the affirmative are:

Carnell                Hendricks              Jennings
Johnson, J.W.          Keegan                 Keyserling
Littlejohn             Martin, L.             McCain
McElveen               McTeer                 Rhoad
Ross                   Sheheen                Snow
White                  Young, R.

Total--17

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Bruce                  Cato                   Chamblee
Clyborne               Cooper                 Corbett
Cork                   Cromer                 Elliott, D.
Elliott, L.            Felder                 Gentry
Glover                 Gonzales               Hallman
Harris, J.             Harrison               Harvin
Harwell                Haskins                Hayes
Hodges                 Holt                   Jaskwhich
Kempe                  Kinon                  Kirsh
Klapman                Lanford                Manly
Marchbanks             Mattos                 McAbee
McCraw                 McGinnis               McLeod
Meacham                Neilson                Phillips
Quinn                  Rama                   Rogers
Rudnick                Sharpe                 Shirley
Smith                  Sturkie                Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
Wilder                 Wilkes                 Wilkins
Wofford                Wright                 Young, A.

Total--72

So, the House refused to recede until 2:00 P.M.

SPEAKER IN CHAIR

Rep. SHARPE spoke in favor of the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 24; Nays 77

Those who voted in the affirmative are:

Alexander, T.C.        Boan                   Carnell
Chamblee               Cooper                 Elliott, L.
Felder                 Gentry                 Harwell
Hendricks              Holt                   Kirsh
Littlejohn             Marchbanks             Martin, L.
McAbee                 McCain                 Rhoad
Ross                   Sheheen                Waldrop
White                  Wilder                 Wilkes

Total--24

Those who voted in the negative are:

Altman                 Bailey, G.             Bailey, J.
Bailey, K.             Baker                  Barber
Baxley                 Beasley                Beatty
Bennett                Brown, G.              Brown, H.
Brown, J.              Bruce                  Cato
Clyborne               Cole                   Corbett
Cork                   Cromer                 Elliott, D.
Fair                   Farr                   Glover
Gonzales               Hallman                Harris, J.
Harrison               Harvin                 Haskins
Hayes                  Hodges                 Inabinett
Jaskwhich              Jennings               Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Kinon                  Klapman
Lanford                Manly                  Martin, D.
Martin, M.             Mattos                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rogers
Rudnick                Scott                  Sharpe
Shirley                Smith                  Snow
Townsend               Tucker                 Vaughn
Waites                 Wells                  Whipper
Wilkins                Wofford                Wright
Young, A.              Young, R.

Total--77

So, the House refused to table the amendment.

Rep. McABEE spoke against the amendment.

Rep. RHOAD moved that the House recede until 2:00 P.M.

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

The motion to recede until 2:00 P.M. was rejected by a division vote of 44 to 53.

The question then recurred to the adoption of the amendment.

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

Yeas 77; Nays 25

Those who voted in the affirmative are:

Altman                 Bailey, G.             Bailey, J.
Bailey, K.             Baker                  Barber
Baxley                 Beasley                Beatty
Bennett                Brown, G.              Brown, H.
Bruce                  Cato                   Clyborne
Cole                   Corbett                Cork
Corning                Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Glover                 Gonzales               Hallman
Harris, J.             Harrison               Harvin
Haskins                Hayes                  Hodges
Holt                   Inabinett              Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Klapman                Lanford                Manly
Martin, D.             Martin, M.             Mattos
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Phillips
Quinn                  Rama                   Rogers
Rudnick                Sharpe                 Sheheen
Shirley                Smith                  Sturkie
Townsend               Tucker                 Vaughn
Waites                 Wells                  Whipper
Wilkins                Wofford                Wright
Young, A.              Young, R.

Total--77

Those who voted in the negative are:

Alexander, T.C.        Boan                   Carnell
Chamblee               Cooper                 Felder
Gentry                 Harwell                Hendricks
Kinon                  Kirsh                  Koon
Littlejohn             Marchbanks             Martin, L.
McAbee                 McCain                 Nettles
Rhoad                  Ross                   Snow
Waldrop                White                  Wilder
Wilkes

Total--25

So, the amendment was adopted.

Rep. BAXLEY moved that the House recede until 2:15 P.M.

POINT OF ORDER

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

Rep. LANFORD moved that the House do now adjourn.

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

Yeas 5; Nays 89

Those who voted in the affirmative are:

Cooper                 Lanford                Marchbanks
Rhoad                  Young, R.

Total--5

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Baxley                 Beasley
Beatty                 Bennett                Boan
Brown, G.              Bruce                  Carnell
Cato                   Chamblee               Clyborne
Cole                   Corbett                Cork
Corning                Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Gentry                 Glover                 Gonzales
Hallman                Harris, J.             Harrison
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Inabinett              Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Littlejohn
Manly                  Martin, L.             McAbee
McCain                 McCraw                 McElveen
McGinnis               McLeod                 McTeer
Meacham                Neilson                Phillips
Quinn                  Rama                   Rogers
Rudnick                Sharpe                 Sheheen
Shirley                Smith                  Snow
Sturkie                Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkins                Wofford
Wright                 Young, A.

Total--89

So, the House refused to adjourn.

Rep. KIRSH proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\18400.AL).

Amend Amendment No. 1, as and if amended, by striking in its entirety Section 12-7-1255, as contained in Section 4.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. McCAIN spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McCAIN continued speaking.

Rep. HASKINS moved that the House recede until 2:15 P.M, which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 9, Rep. McCAIN having the floor.

THE HOUSE RESUMES

At 2:15 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.

LEAVES OF ABSENCE

The SPEAKER granted Reps. K. BAILEY, WHITE and MATTOS a leave of absence for the remainder of the day to attend a funeral.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 17, 1991

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. 506:
S. 506 -- Senators Land and Holland: A BILL TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS MAY HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

S. 388--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. McCAIN having the floor.

S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: 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; 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; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.

AMENDMENT NO. 9-TABLED

Debate was resumed on Amendment No. 9, by Rep. KIRSH.

Rep. McCAIN continued speaking.

Rep. HENDRICKS spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 54; Nays 29

Those who voted in the affirmative are:

Alexander, M.O.        Baxley                 Beasley
Boan                   Brown, H.              Bruce
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Elliott, L.
Farr                   Gentry                 Glover
Gonzales               Hallman                Harris, J.
Harrison               Haskins                Hayes
Huff                   Inabinett              Jennings
Johnson, J.W.          Keegan                 Keesley
Keyserling             Littlejohn             Manly
McCain                 McCraw                 McGinnis
McKay                  McTeer                 Meacham
Neilson                Quinn                  Rama
Scott                  Shirley                Smith
Sturkie                Tucker                 Vaughn
Waites                 Waldrop                Wilkins
Wofford                Wright                 Young, A.

Total--54

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, J.
Barber                 Beatty                 Bennett
Brown, G.              Fair                   Foster
Harwell                Hendricks              Hodges
Holt                   Kempe                  Kirsh
Klapman                Marchbanks             Martin, D.
Martin, L.             McAbee                 McElveen
Phillips               Rhoad                  Ross
Rudnick                Sharpe                 Sheheen
Stoddard               Wilkes

Total--29

So, the amendment was tabled.

RECORD FOR JOURNAL

I refrained from voting on Amendment No. 9 due to a possible conflict of interest.

Rep. RONALD P. TOWNSEND

Rep. G. BROWN proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5621.HC), which was tabled.

Reference is to the bill, as amended by the Sharpe Amendment, dated April 10, 1991.

Amend the bill, as and if amended, page 173, by inserting after "permit":

/Section 44-96-475. Rates charged by operators of commercial solid waste landfills for the disposal of out-of-state generated solid waste must equal at least ten times the rate charged for disposal of in-state generated solid waste. The revenue differential between the two rates is deemed a tax which must be remitted by the operator monthly as follows:

(1)     eighty percent to the county where the disposal site is located; and

(2)     twenty percent to the South Carolina Department of Health and Environmental Control.

Section 44-96-480. Solid waste brought into this state and repackaged or processed in any other way remains out-of-state waste for purposes of this chapter. This section does not include recovered materials./

Renumber sections to conform.

Amend title and totals to conform.

Rep. G. BROWN explained the amendment.

Rep. GONZALES spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 46 to 29.

Rep. G. BROWN proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\5622.HC), which was adopted.

Reference is to the bill, as amended by the Sharpe Amendment dated April 10, 1991.

Amend the bill, as and if amended, page cii, by inserting immediately after line 11:

/Section 44-96-480. Solid waste brought into this State and repackaged or processed in any other way remains out-of-state waste for purposes of this chapter. This section does not include recovered materials./

Renumber sections to conform.

Amend title and totals to conform.

Rep. G. BROWN explained the amendment.

The amendment was then adopted.

Reps. McLEOD and G. BROWN proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BR1\1570.AC), which was adopted.

Reference is to the bill, as amended by the Sharpe Amendment, dated April 10, 1991.

Amend the bill, as and if amended, in Section 44-96-40, page 30, by adding:

/(H)     No recyclable material may be brought into South Carolina for the purpose of disposal of the material in South Carolina./

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 11; Nays 74

Those who voted in the affirmative are:

Carnell                Cooper                 Haskins
Koon                   McGinnis               Meacham
Phillips               Smith                  Sturkie
Vaughn                 Young, A.

Total--11

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Baxley                 Beasley                Beatty
Bennett                Brown, G.              Brown, H.
Brown, J.              Bruce                  Cato
Chamblee               Clyborne               Corbett
Cork                   Cromer                 Elliott, D.
Elliott, L.            Farr                   Foster
Gentry                 Gonzales               Hallman
Harris, J.             Harrison               Harwell
Hayes                  Hendricks              Holt
Huff                   Inabinett              Jennings
Johnson, J.C.          Johnson, J.W.          Keegan
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             McCain                 McCraw
McElveen               McKay                  McLeod
Neilson                Quinn                  Rama
Rhoad                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Snow                   Tucker
Waites                 Waldrop                Whipper
Wilder                 Wilkes                 Wilkins
Wofford                Wright

Total--74

So, the House refused to table the amendment.

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

Rep. McCAIN proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BR1\1575.AC), which was adopted.

Reference is to the bill, as amended by the Sharpe Amendment, dated April 10, 1991.

Amend the bill, as and if amended, Section 44-96-120(B)(10), page 65, by striking /"five million dollars of oil overcharge refund monies, which are not legally obligated to any local government, agency, board, commission, institution, or other entity on the effective date of this act. Oil overcharge funds may be used only for local government grants and local government demonstration projects and pilot programs./ and inserting: /three million dollars of oil overcharge refund monies to be awarded to this fund by the Governor, upon enactment of this act; in addition, the Office of Solid Waste Reduction and Recycling will advise the Governor on solid waste project criteria contained within oil overcharge fund competitive grant solicitations totalling one million dollars each over the next two years./

Renumber sections to conform.

Amend title to conform.

Rep. McCAIN explained the amendment.

Rep. WAITES spoke in favor of the amendment.

The amendment was then adopted.

Rep. TOWNSEND proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\DKA\3336.AL), which was adopted.

Reference is to the bill, as amended by the Sharpe Amendment, dated April 10, 1991.

Amend the bill, as and if amended, Section 44-96-50(A)(18), 1, page 34, after first paragraph, by deleting /and/, by striking /./ on page 34 after "necessary" on item (19) and inserting /;/.

Amend the section further by adding after ;:

/(20)     procedures to implement a program in cooperation with the Department of Corrections for work release and minimum security prisoners to separate recyclable materials from solid waste before its disposal at a solid waste disposal facility or a solid waste management facility./

Renumber items to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

MOTION NOTED

Rep. GONZALES moved to reconsider the vote whereby Amendment No. 10 was tabled and the motion was noted.

Rep. TOWNSEND proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\DKA\3332.AL), which was adopted.

Reference is to the bill, as amended by the Sharpe Amendment, dated April 10, 1991.

Amend the bill, as and if amended, Section 44-96-160(B), page 79, by deleting /weed abatement,/.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

RECORD FOR VOTING

Please let the record reflect that I voted nay on Amendment No. 16 to S. 388.

Rep. KATHLEEN KEMPE

Rep. TOWNSEND proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\DKA\3334.AL), which was tabled.

Amend the bill, as and if amended, Section 44-96-170(G), SECTION 1, page 56, by adding after line 44 a new paragraph to read:

/Nothing in this section prohibits a person from using waste tires for erosion control or fish attractors on the person's private property or in his private ponds./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. SHARPE spoke against the amendment.

Rep. SHARPE moved to table the amendment.

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

The amendment was then tabled by a division vote of 37 to 36.

AMENDMENT NO. 10--RECONSIDERED AND ADOPTED

The motion of Rep. GONZALES to reconsider the vote whereby Amendment No. 10 was tabled was taken up.

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

Yeas 55; Nays 25

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Brown, G.              Bruce
Cato                   Chamblee               Cole
Cooper                 Corbett                Cork
Cromer                 Fair                   Farr
Foster                 Hallman                Harrison
Harwell                Hendricks              Inabinett
Jennings               Johnson, J.C.          Kempe
Keyserling             Kirsh                  Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             McCraw                 McElveen
McGinnis               McKay                  McLeod
Neilson                Phillips               Quinn
Rama                   Rhoad                  Ross
Rudnick                Sheheen                Waites
Waldrop                Wells                  Whipper
Wilder                 Wofford                Wright
Young, A.

Total--55

Those who voted in the negative are:

Altman                 Beasley                Bennett
Brown, H.              Brown, J.              Carnell
Clyborne               Gentry                 Harris, J.
Haskins                Holt                   Keegan
Klapman                Koon                   McAbee
McCain                 McTeer                 Scott
Sharpe                 Shirley                Smith
Snow                   Sturkie                Tucker
Vaughn

Total--25

So, the motion to reconsider was agreed to.

The amendment was then adopted by a division vote of 59 to 28.

Rep. KEYSERLING proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\BBM\9373.AC), which was adopted.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991.

Amend the bill, as and if amended, Section 44-96-330, by adding at the end of subsection (A)(6) on page 144:

/(c)     Upon issuance of a permit, require the owner or operator to record in the clerk's office or Register of Mesne Conveyances office, in the county in which the site is located, a survey plat indicating the location and dimensions of landfill cells or other solid waste disposal units with respect to permanently surveyed benchmarks. Upon recordation, the owner or operator must submit to the department a copy of the recorded document./

Amend title to conform.

Rep. SHARPE proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3340.AL), which was adopted.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-20, SECTION 3, page 10, by deleting after /environment/, line 13, /as determined by regulations to be promulgated by the department/.

Amend further, Section 44-96-30(46), SECTION 3, page 20, by deleting after /environment/, line 12, /as determined by regulations to be promulgated by the department/.

Amend title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

Rep. CROMER proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\DKA\3341.AL), which was adopted.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-30(38), SECTION 3, page 18, by inserting after /counties/ on line 1 /in South Carolina/.

Amend further, Section 44-96-30(39), SECTION 3, page 18, by inserting after /counties/ on line 7 /in South Carolina/.

Amend title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

Rep. TOWNSEND proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\DKA\3339.AL), which was tabled.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-150, SECTION 3, page 77, by adding an appropriately lettered subsection to read:

/( )     One year after this chapter is effective, primary producers of plastic resins must reduce by twenty-five percent the amount of waste resin material produced in their facility that is disposed of in private or public permitted landfills by either recycling or reclamation efforts. Not later than three years after this chapter is effective, primary producers of plastic resins must reduce by fifty percent the amount of waste resin material produced in their facility that is disposed of in private or public permitted landfills by either recycling or reclamation efforts. Not later than five years after this chapter is effective and thereafter, primary producers of plastic resins must reduce by seventy-five percent the amount of waste resin material produced in their facility that is disposed of in private or public permitted landfills by either recycling or reclamation efforts./

Reletter subsections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. SHARPE spoke against the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

Rep. GONZALES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 58 to 15.

Rep. GONZALES proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\DKA\3351.AL), which was tabled.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-170(L), SECTION 3, page 99, by inserting after /November 1, 1991,/ on line 15 /including tires sold with new vehicles./.

Amend title to conform.

Rep. GONZALES explained the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. CARNELL proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\DKA\3347.AL), which was adopted.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.     Amend the bill, as and if amended, Section 44-96-70(O)(3), SECTION 3, page 54, by inserting after /years./ on line 8 /At least one member of the local solid waste advisory council also must represent the retail industry./

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

Rep. GONZALES proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\3348.AL), which was adopted.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-30(46), SECTION 3, page 19, by deleting on the first line of the item /or/.

Amend title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

Reps. WELLS, BRUCE, LITTLEJOHN, McGINNIS and LANFORD proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\BBM\9398.AC).

Reference is to Sharpe Amendment dated 4-10-91, Doc. Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 12-7-1255(D) by striking on page 176:

/The credit carrybacks must not be made to a taxable year which ends before the effective date of this section./ and inserting:

/The credit carrybacks must not be made to a taxable year which ends before 1990./

Amend title to conform.

Rep. WELLS explained the amendment.

Rep. KEYSERLING spoke against the amendment.

Rep. WELLS spoke in favor of the amendment and moved to adjourn debate upon the amendment, which was adopted.

Reps. McABEE and FELDER proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\DKA\3352.AC), which was tabled.

Reference is to the Baxley amendment dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1550.AC.

Amend the bill, as and if amended, by striking /forty/ and inserting /seventy-five/ so when amended the end of Section 44-96-40(F) reads:

/In determining whether this waste recycling goal has been achieved, no more than seventy-five percent of this goal may be met by the removal from the municipal solid waste stream of yard trash, land-clearing debris, and construction and demolition debris./

Amend title to conform.

Rep. McABEE explained the amendment.

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

Reps. McABEE and FELDER proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\DKA\3353.AC), which was tabled.

Reference is to the Baxley amendment dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1550.AC.

Amend the bill, as and if amended, by striking /forty/ and inserting /fifty/ so when amended the end of Section 44-96-40(F) reads:

/In determining whether this waste recycling goal has been achieved, no more than fifty percent of this goal may be met by the removal from the municipal solid waste stream of yard trash, land-clearing debris, and construction and demolition debris./

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. BAXLEY moved to table the amendment, which was agreed to by a division vote of 51 to 27.

Reps. McABEE and FELDER proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\DKA\3354.AC), which was rejected.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-130(C), SECTION 3, page 68, by striking subsection (C) and inserting:

/(C)     Beginning six years after this chapter is effective, the department shall ensure that at least twenty-five percent of the grant funds made available to local governments and regions must be bonus grants to the local governments and regions which have met the solid waste reduction goal or recycling goal, set forth in their solid waste management plans. Bonus grants must be used to fund activities which are related to solid waste management./

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. GONZALES spoke against the amendment.

Rep. McABEE spoke in favor of the amendment.

Rep. WAITES spoke against the amendment.

The amendment was then rejected by a division vote of 29 to 44.

Reps. TOWNSEND and McLEOD proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\DKA\3356.AL), which was adopted.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-170(G), SECTION 3, page 97, by adding at the end a new paragraph to read:

/Nothing in this section prohibits a person from using his personal vehicles' waste tires for erosion control or fish attractors on the person's private property or in his private ponds./

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. STURKIE moved to table the amendment, which was not agreed to by a division vote of 26 to 42.

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

Rep. ROSS proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\DKA\3355.AL), which was adopted.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-30(46), SECTION 3, page 19, by adding after /activities./ on line 22 /Solid waste also includes an inoperable motor vehicle which is an automobile, van, pickup type truck, motor home, or salvaged trailer that is not operable, does not bear a current license plate or current inspection sticker, and has no significant value. This definition does not include any vehicle which is enclosed in a building, is stored by or at the direction of a governmental agency, or is shielded from the view of a highway./

Amend title to conform.

Rep. ROSS explained the amendment.

The amendment was then adopted.

Rep. HUFF proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\DKA\3358.AL).

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-70, SECTION 3, page 54, by adding at the end an appropriately lettered subsection to read:

/( )     A county, municipality, consolidated political subdivision, or any combination of them is authorized to contract with persons for services of collection, separation, or recycling of solid waste or operation of county owned collection, separation, or recycling facilities. The contract for services or operation must be obtained through competitive bids or requests for proposals and the contracts awarded to the lowest responsible bidder./

Amend further, Section 44-96-120, SECTION 3, page 67, by adding at the end appropriately lettered subsections to read:

/( )     The electrical output from a resource recovery facility constructed in whole or in part with monies from the Solid Waste Management Trust Fund must be sold by competitive bids or requests for proposals and the contracts awarded to the highest responsible bidder. If the highest bid does not equal or exceed the avoided cost price which could be obtained under the Public Utility Regulatory Policy Act of 1978, the power will be disposed of pursuant to the Federal Act.

( )     The revenue generated by the sale of electricity from a resource recovery facility funded in whole or in part by a grant under this section which is in whole or in part owned by a municipality, county, or consolidated political subdivision, must be used for reduction of the public cost for collection, separation, and disposal of solid waste or environmental concerns related to disposal of solid waste, including reasonable expenses of operation of the facility, or both. Revenue generated from the sale of electricity by such resource recovery facility may not be commingled with other public funds./

Reletter subsections to conform.

Amend title to conform.

Rep. HUFF explained the amendment.

MOTION ADOPTED

Rep. HUFF moved to divide the question into Parts A, B, and C, which was agreed to.

PART A--TABLED

Amend the bill, as and if amended, Section 44-96-70, SECTION 3, page 54, by adding at the end an appropriately lettered subsection to read:

/( )     A county, municipality, consolidated political subdivision, or any combination of them is authorized to contract with persons for services of collection, separation, or recycling of solid waste or operation of county owned collection, separation, or recycling facilities. The contract for services or operation must be obtained through competitive bids or requests for proposals and the contracts awarded to the lowest responsible bidder./

Rep. HUFF moved to table Part A, which was agreed to.

PART B--ADOPTED

Amend further, Section 44-96-120, SECTION 3, page 67, by adding at the end appropriately lettered subsections to read:

/( )     The electrical output from a resource recovery facility constructed in whole or in part with monies from the Solid Waste Management Trust Fund must be sold by competitive bids or requests for proposals and the contracts awarded to the highest responsible bidder. If the highest bid does not equal or exceed the avoided cost price which could be obtained under the Public Utility Regulatory Policy Act of 1978, the power will be disposed of pursuant to the Federal Act.

PART C--ADOPTED

Amend further, Section 44-96-120, SECTION 3, page 67, by adding at the end appropriately lettered subsections to read:

( )     The revenue generated by the sale of electricity from a resource recovery facility funded in whole or in part by a grant under this section which is in whole or in part owned by a municipality, county, or consolidated political subdivision, must be used for reduction of the public cost for collection, separation, and disposal of solid waste or environmental concerns related to disposal of solid waste, including reasonable expenses of operation of the facility, or both. Revenue generated from the sale of electricity by such resource recovery facility may not be commingled with other public funds./

Rep. Townsend proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\DKA\3357.AL), which was tabled.

Reference is the G. Brown Amendment dated March 28, 1991, Doc Name L:\Council\Legis\Amend\JIC\5507.HA.

Amend the bill, as and if amended, by striking Section 44-96-47 on page 2.

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. G. BROWN moved to table the amendment, which was agreed to by a division vote of 41 to 2.

Reps. BAXLEY and G. BROWN proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\BBM\9351.JM), which was tabled.

Amend Amendment No. 1, as and if amended, Section 44-96-290(F), as contained in SECTION 3, page 3096-76, by striking lines 12 and 13, and inserting:

/with local zoning, land use, and other applicable local ordinances. Eighteen months after this chapter is/

Amend title to conform.

Rep. BAXLEY explained the amendment.

Rep. GONZALES moved to table the amendment, which was agreed to by a division vote of 52 to 12.

Rep. KOON proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\BBM\9402.BD), which was adopted.

Reference is to Sharpe Amendment dated 4-10-91, Doc. Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-30(58), page 23, by adding at the end of the item:

/It does not include an industrial press-on tire, with a metal or solid compound rim, which may be retooled./

Amend title to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

Rep. T.C. ALEXANDER proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\436\11648.AC), which was adopted.

Reference is to Sharpe Amendment dated 4-10-91, Doc. Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-320(A), on page 141, after /the department, by regulation, may exempt certain facilities from all or part of the requirements of this section./ and inserting /In determining if exemptions are warranted from all or part of the regulations applicable to this section and Section 44-96-330, the department must consider in situ soil as a criterion for granting exemptions./

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

Rep. TOWNSEND proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\11604.AC), which was tabled.

Amend the bill, as and if amended, Section 16-11-700(C)(2), SECTION 2, page 102, by inserting after /owner/ on line 44 /or his designated agent by lease or rental agreement/.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. M.O. ALEXANDER moved to table the amendment, which was agreed to.

Reps. WOFFORD, G. BAILEY and HENDRICKS proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\BBM\9393.AC), which was adopted.

Reference is to Sharpe Amendment dated 4/10/91, Doc. Name L:\Council\Legis\Amend\BR1\1566.AC.

Amend the bill, as and if amended, Section 44-96-170, by adding on page 101, a new subsection (M) to read:

/(M)     A wholesaler or retailer required to submit a fee under subsection (L) who delivers or arranges delivery of waste tires to a permitted waste tire disposal facility may apply for a refund of one dollar per tire delivered. In no case may a refund be approved for a number of tires delivered in excess of the number of new tires sold by the individual wholesaler or retailer. Verification must be provided as required by the South Carolina State Tax Commission. Any refund made pursuant to this subsection must be charged against the appropriate county's distributions under subsection (L)./

Reletter subsections to conform.

Amend title to conform.

Rep. WOFFORD explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 30--TABLED

Debate was resumed on Amendment No. 30, which was proposed by Reps. WELLS, LITTLEJOHN, BRUCE, McGINNIS and LANFORD.

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

Reps. TOWNSEND and McLEOD proposed the following Amendment No. 44, which was adopted.

Amend the bill, Section 44-96-40 add new Subsection to read:

The by-product of materials recycled in S.C. coming from other states may be disposed of in South Carolina if the process creating the waste took place in South Carolina.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Rep. LITTLEJOHN proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\DKA\3359.AL), which was ruled out of order.

Reference is to the bill as amended by the Sharpe Amendment, dated April 10, 1991, Doc Name L:\Council\Legis\Amend\BR1\1566.AC.

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

/SECTION __.     Spartanburg County is required to provide a clean, safe water supply to all residents within a three mile radius of any present or future landfill located within the boundaries of Spartanburg County./

Amend further, SECTION 10, by adding at the end before the period:

/, and except that Section __ referring to Spartanburg County takes effect July 1, 1993/.

Renumber sections to conform.

Amend title to conform.

Rep. LITTLEJOHN explained the amendment.

POINT OF ORDER

Rep. SHARPE raised the Point of Order that Amendment No. 45 was out of order as it was not germane.

Rep. LITTLEJOHN argued contra the Point.

The SPEAKER stated that the Bill dealt with the regulation of disposal of waste in a landfill and the Amendment dealt with water supply outside the landfill. He further stated that the Amendment had a local, non statewide impact in a statewide Bill and he sustained the Point of Order and ruled the Amendment out of order.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 100; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Bennett                Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Gentry                 Glover                 Gonzales
Hallman                Harris, J.             Harrison
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Huff                   Inabinett              Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             McAbee
McCain                 McCraw                 McElveen
McGinnis               McKay                  McLeod
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Smith
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                Wilder                 Wilkes
Wilkins                Wofford                Wright
Young, A.

Total--100

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

If I had been present, I would have voted for S. 388 but due to the fact I had to attend a funeral.

Rep. JAMES G. MATTOS

RECORD FOR VOTING

At the time of the vote on S. 388, I was in the Senate taking care of other business and would have voted in favor of the Bill.

Rep. S. FOSTER

Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3593 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS WEDNESDAY, DECEMBER 4, 1991, THROUGH SATURDAY, DECEMBER 7, 1991, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

H. 3673 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 14, 1991, FOR ITS ANNUAL STATE HOUSE MEETING.

H. 3922 -- Reps. Carnell, McAbee, Tucker, Townsend, Cooper, Chamblee, Shirley, Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Cato, Clyborne, Cole, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Short, Smith, Snow, Stoddard, Sturkie, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST OUTSTANDING PUBLIC SERVANTS, THE HONORABLE PATRICK BRADLEY HARRIS, ON THE OCCASION OF HIS UPCOMING EIGHTIETH BIRTHDAY.

H. 3923 -- Rep. Rudnick: A CONCURRENT RESOLUTION COMMENDING THE SOUTH CAROLINA STATE LIBRARY FOR SPONSORING A "READ-IN" ON THE STATE HOUSE GROUNDS ON APRIL 17, 1991 -- A PRO-LITERACY EVENT CELEBRATING THE IMPORTANCE AND JOY OF READING IN OUR EVERYDAY LIVES.

ADJOURNMENT

At 4:20 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Mrs. Mary Carolyn Alfred Peay of Myrtle Beach, to meet at 10:00 A.M. tomorrow.

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