Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

Holy God, gracious Father, we thank You for the assurance of Your goodness and concern for us in our every situation. So whether we work or at leisure, may we feel Your constant caring hand leading us. Sometimes we forget that You are near. Forgive us when we forget; strengthen us when we weaken; keep us ever mindful of Your ever abiding presence. Stimulate our minds and energize our bodies for whatever circumstances we may face. Give us courage to be and to do as You point the way, having no fear, for in You there is the promise to overcome.

We pray in the Name of Him Whose strength is for all who will claim it. Amen.

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

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

The following was received.
Columbia, S. C., April 23, 1987

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. 311:
S. 311 -- Senators Lee, Horace C. Smith and Peeler: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-55 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO CREDIT FOR PRIOR SERVICE TO THE STATE OF SOUTH CAROLINA IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE ENTITLED TO CREDIT FOR THE SAME TYPE OF PRIOR SERVICE UNDER THAT RETIREMENT SYSTEM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.

April 15, 1987
Mr. Speaker and Members of the House:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Master-in-Equity, Berkeley County, to serve part-time, with term to expire on November 7, 1990:

Mr. William L. Shipley, P.O. Box 1, Moncks Corner, S.C. 29461

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

The following was received.

April 15, 1987
Mr. Speaker and Members of the House:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Master-in-Equity, Spartanburg County, to serve full-time, with term to expire on June 30, 1991:

Judge Thomas J. DeZern, P.O. Box 882, Spartanburg, S.C. 29304

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

The Senate returned to the House with amendments the following:

H. 2333 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, BY DELETING PROVISOS RELATING TO RESTRICTIONS ON THE USE OF FUNDS FROM THE SETTLEMENT OF THE NURSING HOME LAWSUIT AND AUTHORITY TO CARRY OVER UNSPENT MEDICAID FUNDS TO DEVELOP A HEALTH MAINTENANCE ORGANIZATION PILOT PROJECT AND TO PROVIDE THAT STATE FUNDS MADE AVAILABLE AS A RESULT OF THE DELETIONS MUST BE USED TO REDUCE THE CURRENT MEDICAID DEFICIT.

Rep. HELMLY explained the Senate Amendment.

Rep. KLAPMAN made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

Rep. FELDER moved to reconsider the vote whereby the Senate Amendments to H. 3025 were concurred in and the motion was noted.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, Reps. STURKIE and SHARPE, for the minority, submitted an unfavorable report, on:

H. 2344 -- Reps. E.B. McLeod, Washington, T. Rogers, Huff, Mappus, Hodges, Holt, Baxley, Blanding, Moss, Cooper, G. Brown, M.D. Burriss, Blackwell, McElveen, Harvin, Jones, Keyserling, Nesbitt, Evatt, Pearce, Sturkie, Bennett, Davenport, Rhoad, Chamblee, T.C. Alexander, Corning, G. Bailey, J.W McLeod, Wells, L. Martin, McEachin, Short, Ferguson, Day, Stoddard, Simpson, Elliott, Snow, Clyborne, R. Brown, McGinnis, Whipper, Toal, L. Phillips, McBride, Wilder, Faber, J. Brown, K. Bailey, Rice, Fair, Altman, Kay, Lockemy, McLellan, Thrailkill, M.O. Alexander, Mattos, McCain, McTeer, Foster, Russell, Limehouse and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-65 SO AS TO REQUIRE THAT A REQUEST FOR MODIFICATION OR VARIANCE OF THE ORIGINALLY PERMITTED CAPACITY OF A WASTE TREATMENT STORAGE OR DISPOSAL FACILITY BE APPROVED BY REGULATION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SUBSEQUENTLY ADOPTED BY THE GENERAL ASSEMBLY IN ACCORDANCE WITH THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

S. 194 -- Senators Macaulay and Drummond: A BILL TO AMEND SECTION 44-7-1430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HOSPITAL REVENUE BOND ACT, SO AS TO DEFINE "AUTHORIZING ISSUER", "INTERGOVERNMENTAL LOAN AGREEMENT", "PROJECT COUNTY", AND "SUBSIDIARY LOAN AGREEMENT"; AND TO AMEND SECTION 44-7-1640, RELATING TO THE POWERS GRANTED BY THE HOSPITAL REVENUE BOND ACT AND THE ADOPTION OF BOND RESOLUTIONS, AND ARTICLE 11, CHAPTER 7, TITLE 44, RELATING TO THE HOSPITAL REVENUE BOND ACT, BY ADDING SECTIONS 44-7-1650 THROUGH 44-7-1720 SO AS TO AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF BONDS AND THE LENDING OF THE PROCEEDS TO HOSPITAL OR PUBLIC AGENCIES TO CONSTRUCT OR ACQUIRE HOSPITAL FACILITIES.

Ordered for consideration tomorrow.

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

H. 3066 -- Reps. M.O. Alexander, Baker, L. Phillips, Wilkins and McGinnis: A BILL TO REVISE THE AMOUNT OF AUTHORIZED BONDED INDEBTEDNESS OF THE GREENVILLE COUNTY SCHOOL DISTRICT.

Rep. M.O. Alexander asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. RICE objected.

Referred to Committee on Ways and Means.

H. 3067 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-1355 SO AS TO PRESCRIBE WHEN A CABOOSE IS REQUIRED IN CONNECTION WITH MOVEMENTS OF TRAINS OPERATING IN THIS STATE, EXCEPTIONS, AND PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

S. 71 -- Senators Peeler and Hinson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF STATE PARK FACILITIES WITHOUT CHARGE BY DISABLED PERSONS, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE COUNTY VETERANS AFFAIRS OFFICER STATING THE VETERAN TO WHOM IT IS ISSUED IS PERMANENTLY AND TOTALLY DISABLED MAY BE USED TO TAKE ADVANTAGE OF THE BENEFITS AT THE PARK FACILITIES INSTEAD OF A CERTIFICATE FROM THE VETERANS ADMINISTRATION.

Referred to Committee on Agriculture and Natural Resources.

S. 361 -- Senator Bryan: A BILL TO AMEND SECTION 15-78-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF INSURANCE BY GOVERNMENTAL ENTITIES PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY PROCURE ITS TORT, AUTOMOBILE, PROPERTY, OR CASUALTY INSURANCE, OR ANY CONTINUATION THEREOF, FROM THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 15-78-150, AS AMENDED, RELATING TO THE PURCHASE OF LIABILITY INSURANCE BY THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE BOARD IN SETTING INSURANCE PREMIUMS FOR GOVERNMENTAL ENTITIES SHALL RATE EACH PARTICIPATING EMPLOYEE OF THE GOVERNMENTAL ENTITY ACCORDING TO THE RISK INVOLVED WITH THAT PARTICIPANT.

Referred to Committee on Judiciary.

S. 574 -- Senators Courson, Patterson, Setzler, Giese, Wilson, Lourie and Shealy: A BILL TO AMEND SECTIONS 59-117-10 AND 59-117-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA SO AS TO PROVIDE THAT THE STUDENT GOVERNMENT PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA-COLUMBIA CAMPUS IS AN EX OFFICIO MEMBER OF THE BOARD.

Referred to Committee on Education and Public Works.

S. 590 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND AND HILTON HEAD ISLAND, SO AS ALSO TO PROHIBIT TRAWLING WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF FRIPP ISLAND AND TO CHANGE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.

Referred to Committee on Agriculture and Natural Resources.

S. 671 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND CHAPTER 11, TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIDUCIARIES GENERALLY, BY ADDING SECTION 21-11-5 SO AS TO PROTECT BENEFICIARIES FROM CONFLICTS OF INTERESTS OF TRUSTEES THAT MAY ARISE IF TRUSTEES PARTICIPATE IN DECISIONS TO MAKE DISCRETIONARY DISTRIBUTIONS OF INCOME OR PRINCIPAL TO THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, AND TO PROTECT THEMSELVES WHEN MAKING DISCRETIONARY ALLOCATIONS IN THEIR FAVOR OF RECEIPTS AND EXPENSES BETWEEN INCOME AND PRINCIPAL.

Referred to Committee on Judiciary.

S. 680 -- Senator Drummond: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF INCOME TO SECURE PAYMENT OF CHILD SUPPORT OBLIGATIONS, SO AS TO EXEMPT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS A PAYOR IN THE PAYMENT OF BENEFITS.

Referred to Committee on Judiciary.

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

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Barfield               Baxley                 Beasley
Blackwell              Blanding               Boan
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Carnell                Chamblee               Clyborne
Cooper                 Corning                Dangerfield
Davenport              Day                    Faber
Fair                   Felder                 Ferguson
Gentry                 Gilbert                Gregory
Harris, J.             Harris, P.             Haskins
Hayes                  Helmly                 Hendricks
Hodges                 Holt                   Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
Mcleod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Ogburn                 Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Washington
Whipper                White                  Wilkins
Williams               Winstead

I came in after the roll call and was present for the Session on Tuesday, April 28, 1987.

David O. Hawkins                  Eugene Foxworth, Jr.
Bill Cork                         Thomas N. Rhoad
B.J. Gordon                       James M. Arthur
Samuel R. Foster                  Dell Baker
Dave C. Waldrop, Jr.              James E. Lockemy
James C. Johnson                  Paul Derrick
Carole C. Wells                   Irene K. Rudnick
William H. Jones                  C. Lenoir Sturkie
Mickey Burriss                    T.W. Edwards, Jr.
John R. Russell                   Dick Elliott
Alex Harvin III                   Thomas E. Huff
Gene Stoddard                     L. Edward Bennett
Robert A. Kohn                    John D. Bradley III

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

The SPEAKER granted Rep. HEARN a leave of absence for the week to attend a conference.

The SPEAKER granted Rep. EVATT a leave of absence for the week to attend a CASA National Conference.

The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the week to attend a Homebuilder's Association meeting.

Announcement was made that Leonard Douglas, Jr. of Belton, is the Doctor of the Day for the General Assembly.

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

H. 2335 -- Rep. McAbee: A BILL TO AMEND ACT 425 OF 1986, RELATING TO THE METHOD OF APPLYING DELINQUENT TAXES WHEN RECEIVED BY THE TREASURER OR DELINQUENT TAX COLLECTOR, SO AS TO PROVIDE THAT DELINQUENT TAXES MUST BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY ON THE PROPERTY ON WHICH THE DELINQUENT PAYMENT IS MADE RATHER THAN THE OLDEST OUTSTANDING DELINQUENCY.

H. 2641 -- Reps. Davenport, H. Brown, G. Brown, Sharpe, Toal, R. Brown, Taylor, M.D. Burriss, Gilbert, L. Phillips, McEachin, Mattos, Foxworth, T.C. Alexander, Baker, Petty, Fair, Keyserling, Ferguson, Jones, Hayes, Kay, Whipper, Klapman, Altman, Townsend, T. Rogers, McGinnis, Haskins, P. Harris, Mappus, T.M. Burriss, P. Bradley, Simpson, Barfield, Corning, G. Bailey, J.H. Burriss, K. Bailey, E.B. McLeod, Wells, Russell, Derrick, D. Martin, Gentry, Hearn and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.

The following Bill 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. 488 -- Senators Williams and Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN RELATIONSHIPS AND TRANSACTIONS BETWEEN BEER WHOLESALERS, MANUFACTURERS, AND RETAILERS SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED RELATIONSHIPS AND TRANSACTIONS, INCLUDING PROVISIONS WHICH PROHIBIT ANY PERSON FROM HAVING OWNERSHIP OR FINANCIAL INTERESTS IN MORE THAN ONE "TIER" OF THE BEER BUSINESS, DEFINE "TIERS" FOR THIS PURPOSE, AND TO PROVIDE EXCEPTIONS.

Rep. McLELLAN moved to adjourn debate upon the following Bill, which was adopted.

H. 2216 -- Reps. Edwards, M.D. Burriss, Cork, Taylor and Keyserling: A BILL TO CREATE AND HOUSE ADMINISTRATIVELY WITHIN THE BUDGET AND CONTROL BOARD THE SOUTH CAROLINA ENERGY RESOURCE AND MANAGEMENT DEVELOPMENT AUTHORITY, TO CONSTITUTE THE AUTHORITY AS AN INSTRUMENTALITY OF THE STATE FOR THE PERFORMANCE OF ESSENTIAL GOVERNMENTAL FUNCTIONS INVOLVING ENERGY CONSERVATION AND ALTERNATIVE FINANCING OF CONSERVATION MEASURES AS DEFINED IN THIS ACT, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, TO REQUIRE THE BUDGET AND CONTROL BOARD TO PROVIDE TECHNICAL AND CLERICAL SERVICES AND PERSONNEL AS THE AUTHORITY MAY REQUIRE IN THE PERFORMANCE OF ITS FUNCTIONS AND TO PROVIDE CERTAIN LIAISON SERVICES WITH OTHER AGENCIES OF STATE GOVERNMENT, TO REQUIRE THE AUTHORITY TO REIMBURSE THE BUDGET AND CONTROL BOARD FOR SERVICES PROVIDED, TO PROVIDE FOR THE POWERS OF THE AUTHORITY AND OF ANY JOINT VENTURE CREATED PURSUANT TO THIS ACT, TO PROVIDE FOR RELATED MATTERS CONCERNING THE ESTABLISHMENT AND FUNCTIONING OF THE AUTHORITY, TO ESTABLISH A SPECIAL, RESTRICTED ACCOUNT TO BE KNOWN AS THE UTILITY AND ENERGY CONSERVATION RESERVE ACCOUNT, AND TO PROVIDE FOR MATTERS RELATED TO THE OPERATION AND USE OF THAT ACCOUNT.

Rep. McLELLAN moved to adjourn debate upon the following Bill, which was adopted.

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

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

H. 3020 -- Labor, Commerce and Industry Committee: A BILL TO AMEND ACT 423 OF 1986, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE REQUIRED JULY 1, 1989 EXPIRATION DATE OF THE COUNCIL, AND AMEND SECTION 1-20-50, RELATING TO TERMINATION DATES OF CERTAIN STATE AGENCIES AND THEIR REAUTHORIZATION, SO AS TO INCLUDE THE COORDINATING COUNCIL IN THE LIST OF AGENCIES WITH A JUNE 30, 1991 TERMINATION DATE.

Rep. L. MARTIN explained the Bill.

Today the following Bills were printed in the House Calendar but the Bills were not placed on my desk or the desks of other members:

H. 3020         S. 627             H. 2576         S. 425

S. 426             S. 428             S. 432             S. 433

S. 434             H. 2457         H. 2838         H. 2872

H. 2948         H. 2949         H. 3010         H. 2869

H. 2930         H. 2931         H. 2365         H. 2665

H. 2941         H. 2959         H. 3011

Rep. TERRY E. HASKINS

The following Bill was taken up.

S. 119 -- Senators Garrison and Giese: A Bill TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

Debate was resumed on Amendment No. 2, which was proposed on Thursday, April 23, by Rep. BEASLEY.

Rep. BEASLEY moved to table the amendment which was agreed to.

Reps. SIMPSON and KEYSERLING proposed the following Amendment No. 4 (Doc. No. 4246Y).

Amend the report, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. Title 44 of the 1976 Code is amended by adding:

Section 44-83-10. As used in this chapter:

( 1) 'Beverage' means beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.

( 2) 'Beverage container' means the individual, separate, sealed glass, metal, or plastic bottles, can, jar, or carton containing a beverage.

( 3) 'Commission' means the Alcoholic Beverage Control Commission.

( 4) 'Consumer' means every person who purchases a beverage in a beverage container for use or consumption.

( 5) 'Dealer' means every person in this State who engages in the sale of beverages in beverage containers to a consumer or means a redemption center certified under Section 44-83-80.

( 6) 'Distributor' means every person who engages in the sale of beverages in beverage containers to a dealer in this State including any manufacturer who engages in sales.

( 7) 'In this State' means within the exterior limits of South Carolina and includes all territory within these limits owned by or ceded to the United States.

( 8) 'Manufacturer' means every person bottling, canning, or otherwise filling beverage containers for sale to distributors or dealers.

( 9) 'Place of business of a dealer' means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.

(10) 'Use or consumption' includes the exercise of any right or power over a beverage incident to the ownership of the beverage, other than the sale or the keeping or retention of a beverage for the purposes of sale.

Section 44-83-20. (A) Except as provided in subsection (B), every beverage container sold or offered for sale in this State has a refund value of not less than five cents.

(B) Every beverage container certified as provided in Section 44-83-60 sold or offered for sale in this State, has a refund value of not less than five cents.

Section 44-83-30. Except as provided in Section 44-83-40:

(1) A dealer may not refuse to accept from a consumer any empty beverage containers of the kind, size, and brand sold by the dealer or refuse to pay to the consumer the refund value of a beverage container as established by Section 44-83-20.

(2) A distributor may not refuse to accept from a dealer any empty beverage containers of the kind, size, and brand sold by the distributor or refuse to pay the dealer the refund value of a beverage container as established by Section 44-83-20.

Section 44-83-40. (A) A dealer may refuse to accept from a consumer and a distributor may refuse to accept from a dealer any empty beverage container which does not state on the container a refund value as established by Section 44-83-20.

(B) A dealer may refuse to accept and pay the refund value of empty beverage containers if the place of business of the dealer and the kind and brand of empty beverage containers are included in an order of the commission approving a redemption center under Section 44-83-80.

Section 44-83-50. (A) Every beverage container sold or offered for sale in this State by a dealer clearly must indicate by embossing, a stamp, a label, or other method securely affixed to the beverage container, the refund value of the container.

(B) Subsection (A) does not apply to glass beverage containers designed for beverages having a brand name permanently marked on the container which, on January 1, 1986, had a refund value of not less than five cents.

(C) No person may sell or offer for sale at retail in this State any metal beverage container so designed and constructed that a part of the container is detachable in opening the container without the aid of a can opener.

Section 44-83-60. (A) To promote the use in this State of reusable beverage containers of uniform design and to facilitate the return of containers to manufacturers for reuse as a beverage container, the commission shall certify beverage containers which satisfy the requirements of this section.

(B) A beverage container must be certified if:

(1) it is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and

(2) more than one manufacturer, in the ordinary course of business, will accept the beverage container for reuse as a beverage container and pay the refund value of the container.

(C) A beverage container must not be certified under this section if by reason of its shape or design, or by reason of words or symbols permanently inscribed on the container, whether by engraving, embossing, painting, or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name.

Section 44-83-70. (A) Unless an application for certification under Section 44-83-60 is denied by the commission within sixty days after the filing of the application, the beverage container is considered certified.

(B) The commission may review at any time certification of a beverage container. If after the review, with written notice and hearing afforded to the person who filed the application for certification under Section 44-83-60, the commission determines the container is no longer qualified for certification it shall withdraw certification.

(C) Withdrawal of certification is effective not less than thirty days after written notice to the person who filed the application for certification under Section 44-83-60 and to the manufacturers referred to in Section 44-83-60(B).

Section 44-83-80. (A) To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the commission, at which consumers may return empty beverage containers and receive payment of the refund value of the beverage containers.

(B) Application for approval of a redemption center must be filed with the commission. The application must state the name and address of the person responsible for the establishment and operation of the redemption center, the kinds and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application must include additional information the commission may require.

(C) The commission shall approve a redemption center if it finds the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the commission approving a redemption center must state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center accepts. The order may contain other provisions to insure the redemption center provides a convenient service to the public as the commission may determine.

(D) The commission may review at any time approval of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the commission, after hearing, may withdraw approval of a redemption center if the commission finds there has not been compliance with its order approving the redemption center or if the redemption center no longer provides a convenient service to the public.
Section 44-83-90. The commission may promulgate regulations to provide the procedures for certification or withdrawal provided for in this chapter.

Section 44-83-100. Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction must be fined an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."

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

Amend title to conform.

Rep. SIMPSON explained the amendment.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 4, Rep. SIMPSON having the floor.

The Senate returned to the House with concurrence the following:

H. 3046 -- Reps. Rudnick, Huff, Jones, Sharpe and Gentry: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF U. S. HIGHWAY 1 AND 78, IN AIKEN COUNTY, IN HONOR OF EDWARD CHARLES CUSHMAN, JR.

At 11:37 A.M. the House in accordance with the motion of Rep. BEASLEY adjourned to meet at 10:00 A.M. tomorrow.

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