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:
Our Father God, trusting in Your sufficiency, we pray that You make this altar of prayer a pavilion of Your peace. We become frightened when we think of our children's inheritance from our blundering hands. Give us, then, a right judgment in all things. Make us so transparently just and fair that all which is false and every lurking evil may be banished by Your truths. Bless us with understanding minds, upright thoughts, and a steadfast faith - lest in foolish futility we build on sinking sands instead of upon Him Who is the eternal Rock of ages. We pray especially now for Your comfort and support for Rep. EUGENE BELTON McLEOD and his Family at the death of his mother. Keep and sustain them and all of us both now and always.
Hear us, Lord, in our dependence upon You. 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.
The following was received.
Columbia, S.C., February 14, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 A.M. Thursday for the purpose of Ratifying Acts.
Very respectfully,
President
Received as information.
The following was received and referred to the appropriate committee for consideration.
Document No. 1208
Promulgated By Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists
Licensure
Received by Speaker February 14, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date June 14, 1990
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3780 -- Reps. Corbett, Elliott, Hearn, Manly, Felder, Keegan, McBride, Ferguson, Littlejohn, Baxley, M.O. Alexander, Haskins, Davenport, Wells, McKay, Neilson, Phillips, McGinnis, Baker, Moss, J. Brown, G. Bailey, Wright, Lanford, Huff, R. Brown, Waites, Wofford, Vaughn, J.C. Johnson, J. Rogers and Farr: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATIONS FOR A MOTOR VEHICLE DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD, SO AS TO MAKE IT UNLAWFUL FOR A PERSON KNOWINGLY TO ALLOW HIS PERSONAL IDENTIFICATION DOCUMENTS TO BE USED BY ANOTHER FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-512, SO AS TO REQUIRE THE DRIVER'S LICENSE OF A PERSON CONVICTED OF VIOLATING SECTION 56-1-510 TO BE SUSPENDED FOR SIX MONTHS AND TO REQUIRE CONVICTIONS TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: A BILL TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE AND REPORTING REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 627 -- Senator Patterson: A BILL TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED IN COMPLIANCE WITH THE EDUCATION IMPROVEMENT ACT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4403 -- Rep. Smith: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4476 -- Rep. Moss: 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 DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4658 -- Rep. Moss: A CONCURRENT RESOLUTION TO CONGRATULATE BLACKSBURG ELEMENTARY 2 SCHOOL IN CHEROKEE COUNTY UPON BEING RECOGNIZED AS A DEREGULATED SCHOOL UNDER THE TARGET 2000 - SCHOOL REFORM FOR THE NEXT DECADE ACT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4659 -- Rep. Farr: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1269 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. BUDDY LEWIS OF COLUMBIA IN RICHLAND COUNTY ON HIS RECOGNITION BY THE COLUMBIA BOARD OF REALTORS AS A REALTOR WHO UPHOLDS THE HIGHEST STANDARDS OF INTEGRITY AND PROFESSIONALISM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1270 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS TO MR. TOM JENKINS OF COLUMBIA IN RICHLAND COUNTY ON HIS BEING AWARDED THE MERITORIOUS SERVICE AWARD BY THE COLUMBIA BOARD OF REALTORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1271 -- Senators O'Dell, Williams and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE D. POLIAKOFF STORE IN ABBEVILLE AND ITS OWNER, MRS. ROSA FROM POLIAKOFF, ON THE OCCASION OF THE NINETIETH ANNIVERSARY OF THIS OUTSTANDING ABBEVILLE INSTITUTION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1273 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MRS. MARIA MCALISTER PYLES, TEACHER AT GREENWOOD HIGH SCHOOL, UPON BEING SELECTED AS SOUTH CAROLINA'S 1990 TEACHER OF THE YEAR AND COMMENDING HER FOR HER DEDICATION AND COMMITMENT TO EXCELLENCE IN EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4660 -- Reps. Hallman, Rhoad, McAbee, Nesbitt, Wilkes, Keegan, Sturkie, Koon, Kirsh, Rama, Blackwell, Kohn, Klapman, Barber, Kay, Corning, Sharpe, Clyborne, J. Brown, Washington, J. Bailey, Winstead, Wells, Cork, Harrison, T.M. Burriss, Wright, Waites, Hayes, Huff, Hendricks, Farr, McTeer, Gregory, McGinnis, Littlejohn, Haskins, Cole, Wofford, Smith, Corbett, Rudnick, Lanford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-31-45 SO AS TO PROVIDE THAT ANY INTEREST EARNED ON INSURANCE PROCEEDS DEPOSITED BY A MORTGAGEE IN HIS ACCOUNT AS A RESULT OF A COVERED DISASTER, PERIL, OR RISK WHICH CAUSED DAMAGE TO THE INSURED PROPERTY OF THE MORTGAGOR MUST BE CREDITED TO OR OTHERWISE PAID TO THE MORTGAGOR UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 4661 -- Reps. Nettles, Keesley, Cole and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215 SO AS TO PROVIDE FOR CRIMES INVOLVING THE FURNISHING OF CONTRABAND TO AND POSSESSING OF CONTRABAND BY A JUVENILE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, DEFINE JUVENILE AND CONTRABAND, AND PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSE PROVIDED FOR IN THIS ACT.
Referred to Committee on Judiciary.
H. 4662 -- Reps. Harvin and McLeod: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND THE MEMBERSHIP OF ITS GOVERNING BOARD, SO AS TO DELETE THE PROVISION THAT THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL HAS NO VOTING PRIVILEGES.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4663 -- Reps. Ferguson, Whipper, Washington, Keyserling, McLeod, Blanding, White, Phillips, Davenport and McBride: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-225 SO AS TO PROVIDE THAT THE ADMINISTRATOR SHALL NOTIFY THE PARENTS OR LEGAL GUARDIAN OF A STUDENT IN WRITING BY CERTIFIED MAIL OF CONTINUED CONDUCT OF THE STUDENT LIKELY TO RESULT IN SUSPENSION AND TO REQUIRE THE PARENTS TO SCHEDULE A CONFERENCE.
Rep. FERGUSON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Education and Public Works.
H. 4664 -- Reps. Phillips and Moss: A BILL TO PROVIDE FOR THE FILING PERIOD IN WHICH CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST FILE FOR OFFICE.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4667 -- Rep. P. Harris: A BILL TO MAKE IT UNLAWFUL TO LICK OR KISS A CANE TOAD, AND TO PROVIDE FOR A PENALTY OF THIRTY DAYS' COMMUNITY SERVICE AT THE AQUARIUM/REPTILE COMPLEX AT RIVERBANKS ZOO IN COLUMBIA.
Rep. P. HARRIS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Judiciary.
H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.
Referred to Committee on Education and Public Works.
On motion of Rep. HARVIN, with unanimous consent, it was ordered that H. 4662 be read the second time tomorrow.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4664 be read the second time tomorrow.
The following was taken up for immediate consideration:
H. 4665 -- Rep. McBride: A HOUSE RESOLUTION TO AUTHORIZE THE WORKSHOP ON WHEELS GROUP OF THE ONES UNITED ORGANIZATION TO USE THE CHAMBER AT NO EXPENSE FOR THE PURPOSE OF A TOUR AND LECTURE ON SATURDAY, FEBRUARY 17, 1990, IN RECOGNITION OF THE CELEBRATION OF BLACK HISTORY MONTH AND TO PROVIDE FOR SECURITY.
Be it resolved by the House of Representatives:
That the Workshop on Wheels Group of the Ones United Organization may use the chamber of the House of Representatives at no expense from 12:30 P.M. to 1:30 P.M. on Saturday, February 17, 1990, for the purpose of a tour and a lecture in recognition of the celebration of Black History Month.
Be it further resolved that the State House security forces shall provide assistance and access as necessary in accordance with applicable procedures.
The Resolution was adopted.
The following was introduced:
H. 4666 -- Rep. McTeer: A CONCURRENT RESOLUTION TO REQUEST THAT THE CITIZENS OF SOUTH CAROLINA UNOFFICIALLY RECOGNIZE THE SHORT-BILLED, DROP-TAILED, YELLOW-SPECKLED CAROLINA SPARROW AS THE STATE BIRD OF SOUTH CAROLINA.
Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Interstate Cooperation.
The following was introduced:
H. 4669 -- Reps. Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A HOUSE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO OUR COLLEAGUE, REPRESENTATIVE E. B. (MAC) MCLEOD, JR., UPON THE DEATH OF HIS MOTHER, MRS. SADIE AYCOCK MCLEOD OF SUMTER COUNTY, WHO DIED FEBRUARY 13, 1990.
Whereas, the members of the House of Representatives were saddened to learn of the death of Mrs. Sadie Aycock McLeod of Sumter County, mother of our colleague E. B. (Mac) McLeod, Jr., who died on February 13, 1990; and
Whereas, Mrs. McLeod was a daughter of the late R. J. (Jim) and Helen Geddings Aycock; and
Whereas, she was a graduate of Coker College and taught at Furman High School; and
Whereas, she was a member of the American Legion Auxiliary, Soil Conservation Auxiliary, Civil Chorale, and Altrusa Club; and
Whereas, Mrs. McLeod was a member of the Pinewood United Methodist Church, the choir, Women's Auxiliary, and also taught Sunday School; and
Whereas, Mrs. McLeod's passing leaves a void in the community in which she unselfishly gave her time and talents; and
Whereas, Sadie McLeod, a dedicated school teacher for all of her life, touched the lives of many students with her concern for their well-being. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives express their sympathy to Representative E. B. (Mac) McLeod upon the death of his mother, Mrs. Sadie Aycock McLeod of Sumter County, who died February 13, 1990.
Be it further resolved that a copy of this resolution be forwarded to her husband, E. B. (Gene) McLeod, and her son, Representative E. B. (Mac) McLeod.
The Resolution was adopted.
The House stood in silent prayer in memory of Mrs. Sadie Aycock McLeod, mother of Rep. E.B. McLEOD.
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 Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on February 15, 1990.
Alfred C. McGinnis Thomas N. Rhoad Ronald P. Townsend E.B. McLeod Larry Koon Henry E. Brown, Jr. Rick Quinn Larry Gentry D.N. Holt, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Reps. McGINNIS and RHOAD a leave of absence for the remainder of the day.
Reps. J. BAILEY, CHAMBLEE, COOPER, P. HARRIS, HENDRICKS, LIMEHOUSE, TUCKER, SIMPSON, WASHINGTON and WHIPPER signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 14.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 7.
Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 833 -- Senator Martin: A BILL TO AMEND SECTION 7-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO CHANGE THE DATE OF THE OFFICIAL MAP DESIGNATING THE PRECINCTS PREPARED BY AND ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD WHICH SHOWS CHANGES IN THE BOUNDARIES OF DUTCHMAN CREEK AND MITFORD PRECINCTS.
On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 833 be read the third time tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 0542X), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 3223-1, by striking lines 43 through 45 and on page 3223-2 by striking lines 1 through 5 and inserting: /extraordinary cases. The fees and expenses of such the physician or surgeon shall must be paid by the State carrier./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The SPEAKER granted Rep. STURKIE a leave of absence for the remainder of the day.
Rep. J.W. JOHNSON spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 49 to 11.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, January 30, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 2, which was tabled.
"That no person may sell or offer for sale a manufactured home after July 1, 1989, unless a sprinkler system is installed. The State Fire Marshal shall promulgate regulations specifying the type of sprinkler system which must be installed."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. RUDNICK explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. GORDON moved to table the amendment, which was agreed to.
Rep. LOCKEMY proposed the following Amendment No. 3, which was tabled.
Amend the bill, as and if amended, by striking section 2 and inserting:
/SECTION 2. For all rental units existing on the effective date of this act, and which remain continuously occupied by the same tenant, smoke detectors must be installed within two years of the effective date of this act. For all other rental units existing on the effective date of this act, smoke detectors must be installed within one year of the effective date. For all rental units created or established after the effective date of this act, smoke detectors must be installed prior to occupancy.
This act takes effect upon approval of the Governor./
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 40 to 25.
Reps. LOCKEMY and J. BROWN proposed the following Amendment No. 4 (Doc. No. 4585U).
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. Section 23-45-150 of the 1976 Code is amended to read:
"Section 23-45-150. Whenever the State Fire Marshal has reason to believe that any a person is or has been violating any a provision of this chapter, unless otherwise specifically provided in this chapter, he or his deputy or assistant may issue and deliver to the person an order to cease and desist such the violation. The State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars, for each day the violation exists. Violation of any a provision of this chapter or failure to comply with a cease and desist order is cause for revocation of the license. Decisions may be appealed as provided for in Section 23-9-70 of the 1976 Code Article 3, Chapter 23 of Title 1 (the Administrative Procedures Act)."
SECTION 2. Section 23-45-160 of the 1976 Code is amended to read:
"Section 23-45-160. Every rented dwelling unit within an apartment house having no fire protection system four or more units must be provided at the time of occupancy with an approved listed operable UL-approved smoke detector, installed and maintained in accordance with the manufacturer's recommendation and listing. The smoke detector must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the rented dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. In rented dwelling units with split levels, a smoke detector must be installed only on the upper level, if the lower level is less than one full story below the upper level, except that if there is a door between levels, then a detector is required on each level. Detectors must be connected to a sounding device or other detector to provide an alarm which must be is audible in the sleeping areas. Smoke detectors must be listed and meet the installation requirements of National Fire Protection Association Standard 72A and National Fire Protection Association Standard 74.
Renters must provide replacement batteries as needed during occupancy and must report to the owner a defect which renders the detector inoperable.
The State Fire Marshal shall enforce the provisions of this section. No fee may be charged against the landlord or owner for inspections made by the State Fire Marshal. Whenever the State Fire Marshal has reason to believe that a person is or has been violating a provision of this section, he may issue and deliver an order to cease and desist the violation. If the violation has not been corrected within forty-eight hours, the State Fire Marshal may impose a penalty of three dollars a day until the violation is removed.
If the smoke detector malfunctions, and the malfunctioning is caused by the tenant's intentional or negligent act, the landlord is not liable for damage caused by the malfunctioning of the device if the fire causing the damage is not the result of the landlord's intentional or negligent act.
If the smoke detector malfunctions, and the malfunctioning is caused by the negligent production of the device, the landlord is not liable for damage caused by the malfunctioning if the landlord had no knowledge of the defective condition and exercised reasonable care in the acquisition and installation of the device, and if the fire causing the damage is not the result of the landlord's intentional or negligent act.
The South Carolina Fire Commission shall promulgate regulations to carry out the provisions of this section.
Notwithstanding any other provision of law, this section shall take effect one year after approval by the Governor."
SECTION 3. This act takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Reps. J. ROGERS, WILKES, SHARPE, GORDON and KLAPMAN objected to the Bill.
Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, February 20, which was adopted.
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
Rep. R. BROWN moved to adjourn debate upon the following Bill until Thursday, March 1, which was adopted.
H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.
The following Joint Resolution was taken up.
H. 4530 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS AND CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE moved to recommit the Joint Resolution to the Committee on Agriculture and Natural Resources, which was agreed to.
The following Bill was taken up.
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0381X).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-56-60(a) of the 1976 Code is amended to read:
"(a) (1) The policy of this State is that hazardous waste must cease being landfilled in this State at the earliest possible time. The Department of Health and Environmental Control shall evaluate annually the effect of increased fees for burial, interstate arrangements or compacts, alternate methods of storage or disposal, recycling, incineration, and other methods of treatment and other factors which tend to reduce the volume of hazardous waste. The results of the Department of Health and Environmental Control evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, together with the department's recommendations for reduced landfill capacity.
(2) No person shall may construct, substantially alter, or operate any a hazardous waste treatment, storage, or disposal facility or site, nor shall any may a person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning on July 1, 1985 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred thirty-five twenty thousand tons of hazardous waste. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter after that date within the permitted area of the site. Provided, however, that the The commissioner may allow burial of waste in excess of that year's limitation, upon certification that disposal, by land burial from a particular site, is necessary to protect the health and safety of the people of this State. Preference must be given in the disposal of hazardous waste to waste generated by industry within the State of South Carolina.
Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SHARPE explained the amendment.
Rep. FELDER raised the Point of Order that the Bill was out of order as it was not in compliance with Rule 4.4 in that it directly affected the appropriation of money and should have been referred to the Ways and Means Committee. He further stated that the Bill should be a part of the Appropriations Bill.
The SPEAKER, citing Rule 4.4, stated that no statewide Bill directly appropriating money shall be considered by the House until after such Bill has been referred to the Ways and Means Committee and this Bill did not appropriate any money. He further stated that it indirectly affected the amount of money generated by a fee that is imposed.
Rep. FELDER argued that the Bill reduced appropriations which would define it as being in the Appropriations Bill. He further argued that the Bill allowed the Agriculture and Natural Resources Committee to do indirectly what it cannot do directly which is to appropriate money.
The SPEAKER stated that Rule 4.4 did not prohibit from indirectly affecting the appropriation of money and he overruled the Point of Order.
Rep. FELDER further raised the Point of Order that the Bill was out of order as it was not in compliance with Rule 5.13. He further stated there were two sections in the law which had been codified.
The SPEAKER stated that one of the sections said that when any Bill relating to state taxes is reported out of committee, it must have a statement of estimated fiscal impact on the finances of the state signed by the Chairman of the Tax Commission attached and part of the committee report. He further stated that the second section, a part of the permanent section in the law, stated that whenever a Bill or resolution is introduced requiring the expenditure of funds, that the principal author must attach an estimated fiscal impact statement. He further stated, citing Rule 5.13, that every Bill affecting the expenditures of money shall have attached to it in writing such comment of the State Auditor as may appear appropriate regarding its effect on the finances of the State.
Rep. FELDER argued that the rule also stated that the Committee Chairmen shall satisfy this requirement prior to reporting a Bill out of committee.
The SPEAKER stated that this Bill did not require the expenditure of dollars.
Rep. FELDER further argued that the Bill directly affected the expenditures.
The SPEAKER stated that the Bill affected the raising of revenue, but not the expenditure of dollars, and there was a difference and he overruled the Point of Order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. SHARPE moved that the House recur to the morning hour.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, K. Barber Barfield Baxley Beasley Bennett Blanding Brown, G. Brown, H. Bruce Burch Burriss, M.D. Cooper Corbett Cork Corning Derrick Elliott Fair Foster Glover Gordon Hallman Harris, J. Harrison Harvin Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Keesley Keyserling Kirsh Klapman Koon Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. McEachin McElveen McLeod McTeer Neilson Nesbitt Quinn Rama Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Townsend Vaughn Waites Wells Whipper Wilder Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Blackwell Boan Brown, R. Burriss, T.M. Carnell Chamblee Clyborne Cole Davenport Farr Felder Ferguson Harwell Holt Johnson, J.W. Kohn Lanford McAbee McBride McCain Moss Phillips Rogers, J. Tucker Waldrop Wilkes Winstead
So, the motion to recur to the morning hour was agreed to.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4670 -- Reps. Gregory, Kirsh, Short, Fair, Klapman, McLellan, Wilkins and J. Brown: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4671 -- Reps. Gregory, Klapman, Kirsh, Short, Fair, Wilkins and J. Brown: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4672 -- Reps. Gregory, Klapman, Kirsh, Short, Fair, McLellan, Wilkins and J. Brown: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.
Referred to Committee on Labor, Commerce and Industry.
H. 4673 -- Reps. Gregory, Kirsh, Short, Fair, McLellan, Wilkins, Klapman and J. Brown: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4674 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
Referred to Committee on Labor, Commerce and Industry.
H. 4676 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4677 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR SIX YEARS AND TO AMEND SECTIONS 39-55-55, 39-55-95, 39-55-125, AND 39-55-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO DELETE THE PROVISION THAT TWO MEMBERS OF THE SOUTH CAROLINA CEMETERY BOARD MUST BE NOMINATED BY THE SOUTH CAROLINA CEMETERY ASSOCIATION AND TO PROVIDE THAT NOMINATIONS MAY BE RECEIVED FROM ANY INDIVIDUAL, GROUP, OR ASSOCIATION, TO REQUIRE A CEMETERY GENERAL MANAGER TO HAVE ONE YEAR'S EXPERIENCE INSTEAD OF TWO YEARS' EXPERIENCE, TO PROVIDE FOR REGULATIONS TO REGULATE MERCHANDISE OR MONUMENTS INSTALLED IN A CEMETERY, TO REGULATE THE PLACEMENT OF MONUMENTS OR MARKERS, TO REGULATE FEES, TO REQUIRE INSURANCE ON INSTALLERS OF MONUMENTS OR MARKERS, AND TO REQUIRE FINANCIAL REPORTS TO BE SIGNED BY A LICENSED ACCOUNTANT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Referred to Committee on Judiciary.
H. 4679 -- Reps. Waldrop, G. Brown, Sharpe, Wright, Rama, Smith Moss and Jaskwhich: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF APPLICATIONS FOR DRIVERS' LICENSES, SO AS TO PROVIDE THAT THESE APPLICATIONS MUST CONTAIN A STATEMENT AS TO WHETHER OR NOT THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, OF WHAT FELONY; TO AMEND SECTION 56-1-140, RELATING TO THE CONTENTS OF SOUTH CAROLINA DRIVERS' LICENSES, SO AS TO REQUIRE THESE LICENSES TO HAVE A TWO-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THAT PERSON IN THIS MANNER, AND TO PROVIDE THAT THE DEPARTMENT SHALL MAKE THIS CODE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-141, 56-1-142, AND 56-1-143 SO AS TO ESTABLISH PROCEDURES WHEREBY THE DEPARTMENT MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS CURRENTLY INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT THIS IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES IN A SPECIFIED MANNER.
Referred to Committee on Education and Public Works.
H. 4680 -- Rep. Limehouse: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4681 -- Reps. Limehouse, G. Bailey, Kohn and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THAT PORTION OF THE SAW MILL BRANCH ROAD PROJECT IN DORCHESTER COUNTY, UPON ITS COMPLETION, AS THE "BERLIN G. MYERS PARKWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Debate was resumed on Amendment No. 1, by Agriculture and Natural Resources Committee.
The amendment was then adopted.
Rep. FELDER moved to commit the Bill to the Committee on Ways and Means, retaining its place on the Calendar.
Rep. SHARPE moved to table the motion to commit.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Barber Barfield Baxley Bennett Blackwell Blanding Brown, G. Bruce Burch Burriss, M.D. Clyborne Cole Cooper Corbett Cork Corning Elliott Ferguson Foster Hallman Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Jaskwhich Johnson, J.C. Keesley Keyserling Kirsh Klapman Lanford Limehouse Littlejohn Mappus Martin, D. Martin, L. McEachin McElveen McLeod McTeer Neilson Nesbitt Quinn Rama Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Vaughn Waites Wells White Wilkins
Those who voted in the negative are:
Baker Boan Brown, H. Brown, R. Burriss, T.M. Carnell Chamblee Davenport Derrick Farr Felder Harris, J. Holt Johnson, J.W. McAbee McBride McCain Moss Nettles Phillips Rogers, J. Stoddard Taylor Tucker Waldrop Washington Whipper Wilkes Winstead Wofford Wright
So, the motion to commit was tabled.
Rep. CARNELL moved to adjourn debate upon the Bill until Wednesday, February 28.
Rep. McLEOD moved to table the motion, which was agreed to.
Reps. McELVEEN, McLEOD, BLANDING, BAXLEY and G. BROWN proposed the following Amendment No. 2 (Doc. No. 0590X).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. A. Section 44-56-30 is amended to read:
"Section 44-56-30. The board shall promulgate such regulations, procedures or standards as may be necessary to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes. Such The regulations may prescribe contingency plans; the criteria for the determination of whether any waste or combination of wastes is hazardous; the requirements for the issuance of permits required by this chapter; standards for the transportation, containerization, and labeling of hazardous wastes consistent with those issued by the United States Department of Transportation; operation and maintenance standards; reporting and record keeping requirements; demonstration of need requirements; and other appropriate regulations."
B. All rules, regulations, standards, orders, or other actions of the department prior to the effective date of this section shall remain in effect unless specifically changed or voided by the Board of Health and Environmental Control./
Renumber sections to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 2.
At 11:15 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R337) S. 410 -- Senators Land and Leventis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-495 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE UPON A FINDING THAT THE RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO ALLOW THE COMMISSIONER TO DIVIDE OR COMBINE CLASSIFICATIONS UPON A FINDING THAT THE ACTION IS IN THE PUBLIC INTEREST, AND TO ALLOW THE COMMISSIONER TO REASSIGN A RISK CLASSIFICATION UPON A FINDING THAT A RISK IS INCORRECTLY CLASSIFIED.
(R338) S. 567 -- Senators Giese and Rose: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE FOR SCHOOL, SO AS TO PROVIDE THAT ALL THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY PARTICIPATE IN EARLY INTERVENTION PROGRAMS; TO PROVIDE THAT DURING FISCAL YEAR 1989-90 THE STATE DEPARTMENT OF EDUCATION SHALL IDENTIFY ALL FINANCIAL RESOURCES AVAILABLE WITHIN THE STATE FROM FEDERAL, STATE, LOCAL, AND PRIVATE SOURCES, INCLUDING THE STATE MEDICAID PROGRAM, FOR FUNDING THE COMPREHENSIVE SERVICE SYSTEM PROVIDED FOR IN SECTION 59-137-20; TO PROVIDE THAT BY MARCH 1, 1990, THE DEPARTMENT SHALL RECOMMEND A COMPREHENSIVE SERVICE SYSTEM TO THE STATE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY; TO PROVIDE THAT, DURING FISCAL YEAR 1990-91, THE DEPARTMENT SHALL IMPLEMENT AS MUCH OF THE COMPREHENSIVE SERVICE SYSTEM AS POSSIBLE; TO REQUIRE THE DEPARTMENT TO CONTRACT WITH AN INDEPENDENT CONSULTANT TO EVALUATE THE SERVICE SYSTEM AND SUBMIT A WRITTEN REPORT TO THE GENERAL ASSEMBLY BY MARCH 1, 1991; TO PROVIDE THAT THE PROVISIONS OF THIS ACT, INCLUDING CHAPTER 137 OF TITLE 59, EXPIRE ON JULY 1, 1991, UNLESS SPECIFICALLY REAUTHORIZED; TO PROVIDE THAT SECTION 59-63-20(6) ON THE JULY 1, 1991 EXPIRATION DATE REVERTS TO THE MANNER IN WHICH IT READ BEFORE BEING AMENDED BY THIS ACT; TO PROVIDE THAT UNTIL THE PROVISIONS OF THIS ACT ARE REAUTHORIZED, IMPLEMENTATION OF EARLY INTERVENTION PROGRAMS IN ACCORDANCE WITH SECTIONS 59-137-20 AND 59-137-30, INCLUDING TRANSPORTATION, IS REQUIRED ONLY TO THE EXTENT THAT FEDERAL, STATE, LOCAL, AND PRIVATE FUNDS ARE APPROPRIATED FOR THAT PURPOSE, AND PROVIDE THAT FURTHER IMPLEMENTATION IS NOT MANDATORY FOR THE STATE BOARD OR DEPARTMENT OF EDUCATION OR SCHOOL DISTRICTS UNLESS REQUIRED BY THE REAUTHORIZATION; AND TO REPEAL SECTION 52, PART II, ACT 189 OF 1989, RELATING TO EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN, THE PROVISION THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY PARTICIPATE IN EARLY INTERVENTION PROGRAMS, AND REAUTHORIZATION PROVISIONS.
(R339) S. 184 -- Senators Passailaigue and Fielding: AN ACT TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO PROVIDE THAT IT IS UNLAWFUL ON AN ELECTION DAY WITHIN TWO HUNDRED FEET OF AN ENTRANCE BEING USED BY THE ELECTORS OR INSIDE THE BUILDING WHERE THE POLLING PLACE IS LOCATED, RATHER THAN WITHIN TWO HUNDRED FEET OF THE BUILDING IN WHICH A POLLING PLACE IS LOCATED, TO DISTRIBUTE CAMPAIGN LITERATURE OR PLACE POLITICAL POSTERS, AND PROVIDE THAT THE POLL MANAGER SHALL USE EVERY REASONABLE MEANS TO KEEP THE AREA WITHIN TWO HUNDRED FEET OF AN ENTRANCE BEING USED BY THE ELECTORS OR INSIDE THE BUILDING WHERE THE POLLING PLACE IS LOCATED, RATHER THAN WITHIN TWO HUNDRED FEET OF THE POLLING PLACE, CLEAR OF POLITICAL LITERATURE AND DISPLAYS.
(R340) S. 668 -- Senators Rose and McConnell: AN ACT TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM COMPENSATION OF ANY PHYSICIAN OR OTHER EMPLOYEE OF A MEDICAL SCHOOL OF THE STATE OF SOUTH CAROLINA, BY ADDING SECTION 59-101-195, SO AS TO PROVIDE THAT ANY COMPENSATION OF A PHYSICIAN OR OTHER EMPLOYEE OF THE STATE OF SOUTH CAROLINA SHALL BE APPROVED IN ADVANCE ANNUALLY BY THE PRESIDENT OR THE BOARD OF TRUSTEES OF THAT MEDICAL SCHOOL AND TO PROVIDE THAT COMPENSATION SHALL INCLUDE ALL REMUNERATION, OBTAINED THROUGH A PROFESSIONAL SERVICE ORGANIZATION OR OTHERWISE, WITH USE OF PUBLICLY OWNED FACILITIES, EQUIPMENT OR SUPPLIES.
(R341) S. 885 -- Senator Horace C. Smith: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PALMETTO CLUB OF THE DEAF IN SPARTANBURG COUNTY.
(R342) S. 846 -- Senator McConnell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., OF CHARLESTON COUNTY.
(R343) S. 125 -- Senators Saleeby, Pope and McConnell: AN ACT TO AMEND ACT 148 OF 1989, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO PROVIDE THAT THE TWO HUNDRED DOLLAR REINSTATEMENT FEE MUST NOT BE ASSESSED AGAINST ANY PERSON WHO IS NOT REQUIRED BY REASON OF ILLNESS OR MILITARY SERVICE TO PAY THE FIVE DOLLAR A DAY FINE FOR EACH DAY OF DRIVING WHILE UNINSURED.
(R344) S. 894 -- Senators Passailaigue and Mitchell: AN ACT TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.
(R345) S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.
(R346) S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.
(R347) H. 3989 -- Rep. Kirsh: AN ACT TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW INVESTMENTS IN INVESTMENT COMPANIES OR INVESTMENT TRUSTS WHOSE PORTFOLIOS CONSIST SOLELY OF GOVERNMENT SECURITIES; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CONFORM THE LIST OF ALLOWED INVESTMENTS TO THOSE ALLOWED FOR POLITICAL SUBDIVISIONS INCLUDING THE ADDITIONAL ALLOWED INVESTMENTS FOR POLITICAL SUBDIVISIONS AUTHORIZED BY THIS ACT.
(R348) H. 3882 -- Rep. McLellan: AN ACT TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.
(R349) H. 3641 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR A PETITION TO BE FILED WITH INSTEAD OF NOTICE TO THE FAMILY COURT WHEN AN AGENCY INITIATES PROTECTIVE SERVICES AND TO REQUIRE A HEARING WITHIN FORTY INSTEAD OF NINETY DAYS AFTER THE FILING.
(R350) H. 3811 -- Reps. Blackwell and Wilkins: AN ACT TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS AND TO STIPULATE THE QUALIFICATIONS EACH DESIGNEE MUST HAVE; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO REPEAL SECTION 2-15-100 RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL.
(R351) H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.
(R352) H. 4334 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E, SECTION 3, OF INSURANCE DEPARTMENT REGULATION R69-44 ("REQUIREMENT FOR HOME CARE") UNTIL JUNE 30, 1990.
(R353) H. 4369 -- Rep. D. Martin: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PORT CITY GOLF CLUB IN CHARLESTON COUNTY.
(R354) H. 4264 -- Rep. Bruce: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHESNEE HIGH SCHOOL BOOSTERS CLUB, INC., IN SPARTANBURG COUNTY.
(R355) H. 4257 -- Rep. R. Brown: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA RURAL WATER ASSOCIATION.
(R356) H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: AN ACT TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION SHALL PROVIDE THEM AND TO PROVIDE THAT BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS MUST BE PROVIDED IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R357) H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
(R358) H. 3950 -- Rep. Fant: AN ACT TO AMEND SECTION 1-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS, INVESTIGATIONS, AND HEARINGS FILED WITH THE HUMAN AFFAIRS COMMISSION, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED TWENTY DAYS THE TIME A CAUSE OF ACTION MAY BE BROUGHT UNDER CERTAIN CONDITIONS.
(R359) H. 4190 -- Reps. Foster and Harvin: A JOINT RESOLUTION TO PROVIDE FOR THE STUDENT INSTRUCTION, STAFF DEVELOPMENT, AND TEACHER WORK DAYS WAIVED FOR THE 1989-90 SCHOOL YEAR AS A RESULT OF HURRICANE HUGO AND FOR STATE FUNDING AND TEACHER SALARIES NOT TO BE REDUCED.
(R360) H. 3856 -- Rep. R. Brown: AN ACT TO AMEND SECTION 58-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES FOR VIOLATIONS BY GAS UTILITY COMPANIES, SO AS TO INCREASE THEM.
(R361) H. 3466 -- Rep. Waldrop: AN ACT TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, TO PROVIDE THAT IN COUNTIES WHICH OBSERVE JANUARY 15, 1990, AS A HOLIDAY NO PENALTIES MAY BE ASSESSED FOR 1989 TAXES PAID ON JANUARY 16 OR 17, 1990, IF THE TAXPAYER FILES A SWORN STATEMENT THAT HE ATTEMPTED TO PAY THE TAX DUE ON JANUARY 15, 1990, AND TO PROVIDE THAT PENALTIES PAID ON JANUARY 16 OR 17, 1990, MUST BE REFUNDED NO LATER THAN MARCH 1, 1990.
(R362) H. 3724 -- Reps. Wilkins, McElveen and Huff: AN ACT TO AMEND SECTION 43-5-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH AN APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE FOR THE SUBSTITUTION OF THE DEPARTMENT WHEN THERE IS AN ASSIGNMENT OF THE RIGHTS TO SUPPORT.
(R363) H. 4289 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CENTURION CORPORATION IN HORRY COUNTY.
(R364) H. 4266 -- Rep. Haskins: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ACADEMY OF ARTS, INC., IN GREENVILLE COUNTY.
(R365) H. 4288 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JASMINE INTERIORS, INC., IN HORRY COUNTY.
(R366) H. 4513 -- Reps. Snow, Altman, Elliott, Barfield, Keegan, Corbett, Gordon and Harvin: A JOINT RESOLUTION TO NAME THE NEW MOTOR VEHICLE LICENSE OFFICE BUILDING OF THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT IN THE CITY OF GEORGETOWN THE "WALLACE J. McKNIGHT BUILDING".
(R367) H. 4253 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CRIME STOPPERS OF HORRY COUNTY, INC., IN HORRY COUNTY.
At 11:30 A.M. the House resumed, the SPEAKER in the Chair.
Rep. McCAIN moved that the House do now adjourn.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Barfield Boan Brown, H. Brown, J. Burriss, T.M. Carnell Clyborne Cole Cooper Derrick Fant Farr Felder Ferguson Foster Harris, P. Hendricks Holt Johnson, J.W. Kinon Kirsh Limehouse Littlejohn Mappus McAbee McBride McCain Moss Nesbitt Nettles Phillips Rogers, J. Simpson Stoddard Taylor Townsend Tucker Waldrop Washington Whipper White Wilder Wilkes Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Baxley Bennett Blackwell Blanding Brown, G. Bruce Burch Corbett Cork Davenport Fair Gentry Hallman Harris, J. Harrison Harvin Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Keesley Lanford Manly Martin, D. Martin, L. Mattos McEachin McElveen McLellan McLeod McTeer Neilson Quinn Rogers, T. Rudnick Sharpe Sheheen Smith Snow Vaughn Waites Wells Wilkins
So, the House refused to adjourn.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2.
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Debate was resumed on Amendment No. 2, by Reps. McELVEEN, McLEOD, BLANDING, BAXLEY and G. BROWN.
Rep. WALDROP spoke against the amendment.
Rep. CARNELL moved to adjourn debate upon the Bill until Wednesday, February 21.
Rep. SHARPE moved to table the motion.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Barber Baxley Bennett Blackwell Blanding Brown, G. Bruce Burch Burriss, M.D. Corbett Cork Corning Derrick Elliott Fair Gentry Hallman Harrison Harvin Haskins Hayes Hendricks Hodges Jaskwhich Johnson, J.C. Keesley Keyserling Kirsh Klapman Littlejohn Mappus Martin, D. Martin, L. McEachin McElveen McLellan McLeod McTeer Neilson Nesbitt Quinn Rama Rogers, T. Rudnick Sharpe Sheheen Smith Snow Waites Wells Whipper Wilder Wilkins
Those who voted in the negative are:
Bailey, J. Baker Beasley Boan Brown, H. Brown, R. Carnell Chamblee Cole Davenport Farr Felder Ferguson Glover Harris, J. Harris, P. Holt Kohn Mattos McAbee McBride McCain Moss Nettles Phillips Rogers, J. Taylor Tucker Vaughn Waldrop Washington Wilkes Winstead Wofford Wright
So, the motion to adjourn debate was tabled.
Reps. CARNELL, DAVENPORT and WALDROP objected to the Bill.
I objected to H. 3169 on Thursday, February 15 so that I could study the amendments to the Bill.
Rep. MARION CARNELL
Rep. FARR moved that the House do now adjourn.
Rep. CORNING raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4233 -- Reps. McLellan and L. Martin: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 4233 be read the third time tomorrow.
The following Bill was taken up.
H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR EQUINE, AND TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE INFECTIOUS ANEMIA AND DELETE PROVISIONS RELATING TO THE RESPONSIBILITY FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0379X), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 4, by striking Section 47-13-1360 and inserting:
/Section 47-13-1360. Horses which have been exposed to equine infectious anemia shall be placed under quarantine immediately and remain under quarantine until a negative Coggins test is received or until released by the state veterinarian under terms and conditions specified by him. The test shall be administered not less than thirty days after the initial date of quarantine. (A)When a reactor horse is identified on a premises, the state veterinarian shall quarantine all horses on that premises. All exposed quarantined horses tested must be properly identified by a mane or tail tag or other type of identification authorized by the state veterinarian. The reactor may be isolated not less than two hundred yards from other unaffected equines with the knowledge of the testing accredited veterinarian and state veterinarian and only may be moved with the permission of the state veterinarian. A sign must be displayed prominently at the location of the quarantined and isolated premises of the exposed and reactor horses indicating that the premises are quarantined for exposed horses or isolated for reactor horses, at the expense of the horse owner.
(B) Before a quarantine for equine infectious anemia may be lifted by the state veterinarian, all exposed animals must be tested negative no sooner than forty-five days after the reactor has been removed from the herd./
Amend further, SECTION 1, beginning on page 4, by striking Section 47-13-1365 and inserting:
/Section 47-13-1365. After a second confirmatory test of the reactor equine, the animal must be either:
(1) euthanized;
(2) identified and sold to slaughter or research, or
(3) permanently isolated not less than two hundred yards from other unaffected horses. If the owner of the reactor equine chooses to have the animal 'permanently isolated not less than two hundred yards from other unaffected horses', the reactor must be permanently identified with a visible freeze brand (or other visible brand at the discretion of the administering accredited veterinarian) on the hip or neck of the reactor horse in a manner as specified by regulation promulgated under this chapter./
Amend further, SECTION 1, on page 6, by striking Section 47-13-1380 and inserting:
/Section 47-13-1380. (a) (A) Officials at race tracks, horse shows, and rodeos should are requested to:
(1) See that sanitary and other protective measures prescribed by the state veterinarian are carried out.
(2) Insure Ensure that tattoo instruments and saliva collecting equipment are adequately sterilized prior to before being used on any horse.
(3) Enforce rules preventing the use of hypodermic syringes and needles on horses by other than accredited veterinarians.
(4) Require provision for and operation of adequate isolation facilities.
(b) (B) Horse owners and practicing veterinarians should are requested to:
(1) Report immediately any suspect horse to the state veterinarian.
(2) Use disposable hypodermic needles and syringes (one needle--one horse).
(3) Institute and carry out proper sanitary and preventive measures, including control of biting insects.
(c) (C) Organizations representing particular breeds of horses should recommend to individual farms and owners that the test for equine infectious anemia be administered to all animals and preventive measures as set forth in this article be instituted./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 4404 be read the third time tomorrow.
Rep. McCAIN moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up.
S. 353 -- Senators McGill, Hinds and Land: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT THE REQUIREMENT THAT SET HOOKS MUST HAVE A CERTAIN IDENTIFICATION TAG DOES NOT APPLY IN GAME ZONE NO. 9.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 8, by the Committee on Agriculture and Natural Resources.
Rep. BENNETT explained the amendment and moved to adjourn debate upon the Bill until Tuesday, February 20, which was adopted.
Rep. COOPER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4658 -- Rep. Moss: A CONCURRENT RESOLUTION TO CONGRATULATE BLACKSBURG ELEMENTARY 2 SCHOOL IN CHEROKEE COUNTY UPON BEING RECOGNIZED AS A DEREGULATED SCHOOL UNDER THE TARGET 2000 - SCHOOL REFORM FOR THE NEXT DECADE ACT.
At 11:50 A.M. the House in accordance with the motion of Rep. COOPER adjourned to meet at 10:00 A.M. tomorrow.
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