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:
O Shepherd of all mankind, You have prepared in these fields of time green pastures and still waters for the restoration of our spent strength. So lead us now into paths of righteousness for Your Name's sake. Take from us the fever of fretfulness and lift us above undue anxiety. Print indelibly upon our minds that if You provide for the birds of the air and the grass of the field that surely You will provide for us, the very climax of Your creation. May our hearts be untroubled as we stay our faith in You. In our private lives, and in our public service, help us to live more nearly as we pray.
We pray in praise and thanksgiving. 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.
Document No. 1254
Promulgated By Workers' Compensation Commission
Workers' Compensation
Referred to House Committee on Judiciary
120 day expiration date August 10, 1990
Withdrawn and Resubmitted April 19, 1990
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 1529 -- Senators Hayes, Hinson and Peeler: A BILL TO AMEND ACT 292 OF 1987, AS AMENDED, RELATING TO THE AUTHORIZED TAX MILLAGE FOR SCHOOL PURPOSES IN YORK COUNTY, SO AS TO INCREASE THIS AUTHORIZED MILLAGE; AND TO INCREASE THE AMOUNT OF MILLAGE WHICH THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN YORK COUNTY MAY LEVY OVER THAT OF THE PREVIOUS YEAR WITHOUT APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM.
On motion of Rep. NESBITT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5044 -- Rep. Jaskwhich: A BILL TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.
On motion of Rep. JASKWHICH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Baker Barber Barfield Baxley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Faber Fair Farr Felder Foster Glover Gregory Hallman Harris, P. Harrison Harwell Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Klapman Lanford Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Taylor Townsend Tucker Vaughn Waites Washington Wells Whipper Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on April 19, 1990.
Roland S. Corning Paul Derrick Harriet Keyserling George H. Bailey Joseph McElveen J.J. Bailey Jean Harris Terry E. Haskins Dave C. Waldrop Ennis M. Fant Grady Brown Juanita M. White B.J. Gordon John J. Snow Robert Hayes, Jr. Rick Quinn Paul Burch Mickey Burriss Irene K. Rudnick Tom Limehouse David Beasley Tee Ferguson Larry Koon Robert A. Kohn Gene Stoddard Larry Gentry C. Lenoir Sturkie D. Elliott Donna A. Moss Ken Bailey
STATEMENTS OF ATTENDANCE
Reps. T.M. BURRISS, CLYBORNE, McKAY, WHIPPER and FELDER signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 17.
Reps. KOON and LIMEHOUSE 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, April 18.
Announcement was made that Dr. G. Preston Cone, Sr. of Orangeburg is the Doctor of the Day for the General Assembly.
Rep. BAXLEY presented the Hartsville High School Lady Foxes Basketball Team, the Class AAAA State Champions for 1989-90.
"Mr. Speaker, fellow members...I have a document here that I would like to share with you folks. You know, Pat Harris and I are tied for second place in this Body in seniority and he and I have been close friends since the first day he arrived on the scene, then I came along. This is Pat's philosophy, 'Age is a quality of the imagination. Whatever your years, in your heart, the dreams, the urge to challenge events, and the knowledge that the joy of life is in the living, and when you have not lived life to its fullest, you have missed all the joy of it. You are as young as your faith and as old as your despair. So long as your heart holds dreams of hope, beauty, truth and courage; so long are you young.' Mr. Carnell made a slight mistake in the age of our dear friend. He is 79 years young today. Happy Birthday Pat."
The following was introduced:
H. 5045 -- Rep. Cole: A CONCURRENT RESOLUTION COMMENDING THE 2800 COMMITTEE OF THE SPARTANBURG DEVELOPMENT ASSOCIATION AND VOLUNTEER BUSINESS AND INDUSTRY SPONSORS FOR THEIR OUTSTANDING WORK AND EFFORTS IN ORGANIZING THE SPARTANBURG COUNTY HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY ON APRIL 7, 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4781 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
H. 4872 -- Reps. Kirsh, McLellan, McCain and Winstead: A BILL TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
H. 4728 -- Rep. Kirsh: A BILL TO AMEND ACT 148 OF 1989, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO DECREASE THE PER DIEM FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO THIRTY DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1108 -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEAR 1989 IS EXTENDED UNTIL JULY 1, 1990.
S. 1202 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1125 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.
Rep. McLELLAN explained the Bill.
S. 1223 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
Rep. WILKINS explained the Bill.
H. 4896 -- Reps. Clyborne and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
The following Bill was taken up.
S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
Rep. MOSS proposed the following Amendment No. 1 (Doc. No. 0308l), which was adopted.
Amend the bill, as and if amended, by deleting Section 44-66-30(A)(1).
Further amend the bill in Section 44-66-30 (C) by striking the figures /44-66-20(4)/ and inserting /44-66-20(6)/ so that the item reads:
/"(C) Priority under this section must not be given to a person if a health care provider responsible for the care of a patient who is unable to consent determines that the person is not reasonably available, is not willing to make health care decisions for the patient, or is unable to consent as defined in Section 44-66-20(6)."/
Renumber and amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
Rep. MOSS proposed the following Amendment No. 2 (Doc. No. 0312l), which was adopted.
Amend the bill, as and if amended, by adding the appropriately numbered section:
/"No provision in this chapter shall affect the ability of any health care provider or state agency to conduct testing or provide treatment which is mandated or allowed by other provisions of law."/
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 1137 be read the third time tomorrow.
Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of the Honorable Tom Dubose, which was agreed to.
The following Bill was taken up.
H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0307l), which was adopted.
Amend the bill, as and if amended, by adding the following language to SECTION 4:
/"Nothing in this Chapter shall alter or limit the Division of State Fire Marshal in the carrying out of its fire protection duties and responsibilities as provided in Sections 23-9-40 and 23-9-60"/ so that, when amended, the section reads:
/SECTION 4. Section 23-45-40 of the 1976 Code is amended to read:
"Section 23-45-40. The State Fire Marshal board shall enforce the provisions of this chapter pursuant to Section 23-9-40(c), Code of Laws of South Carolina, 1976. The State Fire Commission and may promulgate regulations to carry out the provisions of this act chapter pursuant to Chapter 23 of Title 1. Nothing in this Chapter shall alter or limit the Division of State Fire Marshal in the carrying out of its fire protection duties and responsibilities as provided in Sections 23-9-40 and 23-9-60"
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted by a division vote of 39 to 22.
Reps. BLACKWELL, PHILLIPS and KLAPMAN objected to the Bill.
The following Joint Resolution was taken up.
S. 1473 -- Senators Wilson, Setzler and Shealy: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
Rep. WRIGHT moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 1475 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 31-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE HUMAN AFFAIRS COMMISSION TO ADMINISTER THE PROVISIONS OF THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT AN AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MAY INCLUDE PROVISIONS UNDER WHICH THE DEPARTMENT SHALL REFRAIN FROM PROCESSING A CHARGE IN ANY CLASS SPECIFIED IN THE AGREEMENT; TO AMEND SECTION 31-21-120, RELATING TO THE PROCESSING AND HANDLING OF COMPLAINTS UNDER THE FAIR HOUSING LAW, SO AS TO PROVIDE THAT COMPLAINANTS REFERRED TO THE COMMISSION BY THE DEPARTMENT MAY NOT BE REFERRED BY THE COMMISSION TO A LOCAL AGENCY AND DELETE A PROVISION CONCERNING WHEN THE COMMISSION IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE WITH THE FAIR HOUSING LAW; AND TO AMEND SECTION 31-21-130, RELATING TO THE INVESTIGATOR'S REPORT AND RECOMMENDATION UPON COMPLETION OF HIS INVESTIGATION AND THE PROCEDURE FOLLOWING THE SUBMISSION OF THIS REPORT, SO AS TO CHANGE THE TIME PERIOD IN WHICH AN ACTION MAY BE BROUGHT AGAINST THE RESPONDENT IF THE ORDER IS FOR DISMISSAL, PROVIDE THAT IF AN ELECTION IS MADE FOR A CIVIL ACTION THE COMMISSIONER OF THE STATE HUMAN AFFAIRS COMMISSION SHALL, WITHIN THIRTY DAYS FROM THE DATE OF ELECTION, COMMENCE A CIVIL ACTION ON BEHALF OF THE AGGRIEVED PERSON, AND REQUIRE THAT IF THE PANEL FINDS THAT THE RESPONDENT HAS ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE IT SHALL STATE ITS FINDINGS OF FACT AND SERVE THE COMPLAINANT IN ADDITION TO THE RESPONDENT AN OPINION AND ORDER FOR APPROPRIATE RELIEF; AND TO AMEND SECTION 31-21-140, RELATING TO THE TIME WITHIN WHICH A CIVIL ACTION MUST BE COMMENCED UNDER THE PROVISIONS OF THE FAIR HOUSING LAW, SO AS TO DELETE THE REQUIREMENT THAT THE COURT SHALL CONTINUE A CIVIL CASE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION 31-21-120 IF THE COURT BELIEVES THAT THE CONCILIATION EFFORTS ARE LIKELY TO RESULT IN A SATISFACTORY SETTLEMENT OF THE DISCRIMINATORY HOUSING PRACTICES COMPLAINED OF IN THE COMPLAINT AND PROVIDE THAT A CIVIL ACTION MAY BE COMMENCED BY AN AGGRIEVED PERSON WHETHER OR NOT A COMPLAINT HAS BEEN FILED WITH THE COMMISSION.
Reps. G. BAILEY and WASHINGTON explained the Bill.
Rep. WASHINGTON moved to adjourn debate upon the Bill until Tuesday, April 24, which was adopted.
The following Bill was taken up.
S. 467 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 1513X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-13-1980 of the 1976 Code is amended to read:
"Section 50-13-1980. When a fish sanctuary is so established, whether upon the approval of the county legislative delegation or by agreement with landowners in the case of private property, such establishment shall be effective for a period of five years from the date of such approval or agreement it continues as a fish sanctuary until it is directed to be closed by the owner of the land in the case of private property or in the case of public property by a majority of the legislative delegation of the county in which it is located and there shall may be no fishing or trespassing upon any waters so established as a sanctuary. The Director of the Division of Game department may post signs within the such territory so designated as a sanctuary to identify it as a sanctuary, in the name of the State, and may prosecute any a person fishing or trespassing thereon on the sanctuary."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BENNETT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 1525X), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. The first four lines of Section 50-17-615 of the 1976 Code are amended to read:
"In addition to the area outlined in Section 50-17-610, from August fifteenth to December fifteenth, both inclusive, except in that area outlined in item by items (1), (2), (3), and (4) of this section wherein the period is from September first to November first, inclusive which are always closed to trawling under the provision of Section 50-17-618, it is lawful to trawl for shrimp or prawn:"./
Amend further, Section 50-11-730, as contained in SECTION 2, by striking the third and fourth paragraphs from the end and inserting:
/If the department sells a forfeited device, the sale must be at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement of the sale on the door or bulletin board of the county courthouse and by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department shall pay over the net proceeds after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the forfeited device, to be placed on deposit with the State Treasurer in the game protection fund. When the device is of greater value than one thousand dollars, the former owner within ten days after conviction may redeem it by paying to the director the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the former owner within ten days after conviction may redeem it by paying to the director the retail market value of the device. The sums received by the department must be deposited in the game protection fund pursuant to the provisions of this section.
In the event evidence convinces the court that any of the property or equipment used by persons in violation of this section or Sections 50-11-540 and 50-11-740 belongs to an innocent person other than the violator, the department shall ascertain the fair market value of the equipment or property and, upon conviction, the court shall order the violator to pay to the department the total sum of the fair market value of the property or equipment, not to exceed one thousand dollars an item and the sum must be placed on deposit with the State Treasurer for deposit in the game protection fund. The civil penalty must be imposed at the time of sentence and is in addition to any criminal penalty imposed./
Renumber sections to conform.
Amend title to conform.
Rep. BENNETT explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 2 (Doc. No. 1581X).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/SECTION __. Section 50-11-310(1) of the 1976 Code, is amended to read:
"(1) As set by the commission between the dates of October first and January first in Game Zones 1, 2, and 4. The commission may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these game zones. In Game Zone 2, landowners and their immediate families may hunt and take antlered deer on their property beginning October first of each year."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. McABEE having the floor.
Rep. COOPER withdrew his objection to the following Joint Resolution.
H. 3273 -- Reps. Nesbitt, Kirsh, Klapman, Boan, Hayes, Short, Foster and McGinnis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF SCHOOL DISTRICTS.
Rep. BLACKWELL withdrew his objection to the following Bill.
H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
Reps. SHARPE, SMITH, McABEE and HOLT withdrew their objections to the following Bill.
H. 3521 -- Reps. Waites, T. Rogers, Keyserling, Rudnick, McElveen, Huff, Hayes, Whipper, Washington, Lockemy and G. Bailey: A BILL TO AMEND SECTIONS 8-13-20 AND 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO CHANGE THE DEFINITION OF "CANDIDATE FOR PUBLIC OFFICE" AND TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE REPORT OF CONTRIBUTIONS AND EXPENDITURES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, 8-13-710, 8-13-720, AND 8-13-730 SO AS TO REGULATE CAMPAIGN PRACTICES.
Rep. PHILLIPS withdrew his objection to the following Bill.
H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
Rep. McEACHIN withdrew his objection to the following Bill.
H. 3605 -- Rep. Huff: A BILL TO AMEND SECTION 17-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOPSIES, PRELIMINARY EXAMINATIONS, AND INQUESTS AND THE DUTIES OF A CORONER CONCERNING MOTOR VEHICLE, SWIMMING, OR BOATING ACCIDENT DEATHS, SO AS TO REDEFINE "DRIVER" AND "PEDESTRIAN", TO APPLY THE PROVISIONS OF THIS SECTION TO A "VEHICLE PASSENGER", TO REQUIRE EXAMINATION OF THE BODY IN A TIMELY MANNER AFTER DEATH RATHER THAN WITHIN EIGHT HOURS OF DEATH, AND TO PROVIDE FOR THE COUNTING AND RECORDING AS VICTIMS OF ACCIDENTS INVOLVING ALCOHOL OR DRUGS CERTAIN PERSONS WHO DIE WITHIN ONE YEAR OF THE ACCIDENT.
Rep. KLAPMAN withdrew his objection to the following Bill.
H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
Rep. TUCKER withdrew his objection to the following Bill.
H. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell, McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells, Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.
The motion of Rep. FELDER to reconsider the vote whereby the following Bill was continued was taken up.
Rep. KEYSERLING moved to table the motion to reconsider.
Rep. FAIR demanded the yeas and nays, which were not ordered.
The motion to table the motion to reconsider was agreed to by a division vote of 47 to 40.
The SPEAKER granted Rep. ALTMAN a leave of absence for the remainder of the day to attend a Highway Commission meeting.
Rep. CHAMBLEE asked unanimous consent to recommit S. 1049 to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. McABEE objected.
On motion of Rep. BAXLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 138 -- Senators Wilson, Giese, Thomas and Bryan: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Rep. McLELLAN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
H. 5004 -- Reps. Washington, McLellan, Winstead, Kirsh, H. Brown, Rama, D. Martin, Kohn, Wofford, J. Bailey, Hallman, Whipper, G. Bailey, Barber, Mappus, Limehouse, D. Williams and J. Williams: A JOINT RESOLUTION TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.
Rep. SIMPSON asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.
Rep. G. BROWN objected.
Rep. LIMEHOUSE, with unanimous consent, moved to recommit the following Bill to the Committee on Labor, Commerce and Industry.
H. 4786 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER BEING REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH CERTAIN LIMITS OF COVERAGE, SO AS TO INCREASE THE PROPERTY DAMAGE LIMIT FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
Rep. RUDNICK asked unanimous consent to recall H. 4188 from the Committee on Ways and Means.
Rep. McLELLAN objected.
On motion of Rep. MOSS, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 927 -- Senators J. Verne Smith, Leatherman, McLeod, Nell W. Smith, Peeler, Long, Matthews and Giese: A BILL TO AMEND SECTION 44-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR THE PAYMENT OF AN INITIAL APPLICATION FEE, TO CHANGE THE TIME DURING WHICH AN APPLICANT IS REQUIRED TO PUBLISH NOTICE OF HIS APPLICATION, AND TO PROVIDE FOR ADDITIONAL INFORMATION TO COMPLETE THE APPLICATION; SECTION 44-7-210, AS AMENDED, RELATING TO THE COMPLETION OF THE APPLICATION, SO AS TO PROVIDE FOR THE TIME OF THE REVIEW PERIOD FOR THE APPLICATION, TO CHANGE THE EFFECTIVE DATE OF THE AGENCY DECISION ON THE APPLICATION, AND TO PROVIDE FOR A RECONSIDERATION HEARING; SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE DECISION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR APPEAL TO THE CIRCUIT COURT INSTEAD OF THE APPROPRIATE STATE COURT, TO PROVIDE FOR THE REQUIREMENTS OF THE APPEAL AND OF A BOND, AND TO PROVIDE FOR THE ACTION TO BE TAKEN BY THE COURT; AND SECTION 44-7-230, AS AMENDED, RELATING TO THE LIMITATION ON A CERTIFICATE OF NEED, SO AS TO CHANGE THE TIME DURING WHICH A CERTIFICATE OF NEED IS VALID, TO REVISE THE CIRCUMSTANCES UNDER WHICH AN EXTENSION MAY BE GRANTED, AND TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF THE PROJECT.
On motion of Rep. McABEE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
H. 4934 -- Rep. Kirsh: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AMEND THE AUTHORIZATION FOR THE DENMARK TECHNICAL COLLEGE STUDENT SERVICE CENTER RENOVATION AND ADDITION BY ADDITIONALLY AUTHORIZING THE PROCEEDS FROM THE BONDS TO BE EXPENDED FOR THE COMPLETION OF THE PHYSICAL PLANT BUILDING.
Rep. WHIPPER moved that the House recur to the morning hour.
Rep. FELDER moved to table the motion, which was agreed to.
Rep. FOSTER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Davenport Derrick Elliott Faber Fair Farr Felder Ferguson Foster Gentry Glover Gregory Harris, J. Harris, P. Harwell Hayes Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wofford Wright
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. FOSTER, KIRSH and FARR to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 19, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Received as information.
On motion of Rep. SNOW the invitation was accepted.
The Senate amendments to the following Bill were taken up for consideration.
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 motion of Rep. FAIR to reconsider the vote whereby Amendment No. 7 was tabled was taken up.
Rep. FELDER moved to table the motion to reconsider.
Rep. McELVEEN 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, J. Blackwell Boan Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Davenport Derrick Faber Fair Farr Felder Ferguson Foster Glover Gregory Harris, P. Harwell Holt Johnson, J.W. Kay Kinon Kohn Koon Littlejohn Martin, D. Martin, L. Mattos McAbee McBride McCain McKay Moss Phillips Rama Rogers, J. Sharpe Short Simpson Smith Snow Stoddard Taylor Tucker Vaughn Waldrop Washington Winstead Wofford Wright
Those who voted in the negative are:
Barber Baxley Blanding Brown, G. Burch Corbett Cork Elliott Gentry Hallman Harris, J. Hayes Hodges Keegan Keesley Keyserling Kirsh Klapman McEachin McElveen McLeod McTeer Neilson Quinn Rhoad Rogers, T. Rudnick Sheheen Waites Whipper Wilder Wilkins
So, the motion to reconsider was tabled.
Debate was resumed on Amendment No. 14, which was proposed on Wednesday, April 11, by Reps. McELVEEN, G. BROWN, McLEOD, BAXLEY and BLANDING.
Rep. McELVEEN explained the amendment.
Rep. McELVEEN continued speaking.
Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 63 to 25.
Rep. McLEOD proposed the following Amendment No. 15 (Doc. No. 1572X), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. Whatever siting criteria were used in determining the site of the GSX hazardous waste disposal facility in Sumter County must be used when siting any other hazardous waste disposal facility or site in this State./
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
The SPEAKER Pro Tempore granted Rep. McLELLAN a leave of absence for the remainder of the day.
Rep. McLEOD continued speaking.
Rep. FELDER moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Barber Beasley Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Davenport Derrick Faber Fair Fant Farr Felder Ferguson Foster Gentry Glover Gregory Hallman Harris, P. Harrison Haskins Hayes Hodges Holt Huff Jaskwhich Johnson, J.W. Kay Keesley Kirsh Klapman Kohn Koon Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McKay Moss Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Sharpe Short Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waldrop Wilder Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Alexander, T.C. Barfield Baxley Bennett Blanding Brown, G. Cole Corbett Elliott Harris, J. Keegan Keyserling Kinon Lanford McElveen McLeod McTeer Neilson Rudnick Sheheen Stoddard Waites Whipper Wilkes
So, the amendment was tabled.
Further proceedings were interrupted by the the Ratification of Acts, the pending question being consideration of amendments.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R481) S. 1155 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
(R482) S. 1172 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE FOR NEWLY BORN CHILDREN, SO AS TO PROVIDE THE REQUIREMENTS FOR THE SECTION TO APPLY TO AN ADOPTED CHILD.
(R483) S. 1351 -- Senator Waddell: AN ACT TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
(R484) S. 1242 -- Senator Williams: AN ACT TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
(R485) S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.
(R486) S. 1352 -- Senator Waddell: AN ACT TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM THIRTY TO FORTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
(R487) S. 1169 -- Senator Lourie: AN ACT TO AMEND SECTION 58-17-1450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RAILROAD CROSSING SAFETY REQUIREMENTS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS TO BE MADE WITHIN SIXTY INSTEAD OF THIRTY DAYS OF NOTIFICATION, TO PROVIDE FOR MEASURES TO BE TAKEN TO ASSURE THAT CROSSBUCKS ARE PLACED PROPERLY AND MAINTAINED WITHIN THIRTY INSTEAD OF TEN DAYS OF NOTIFICATION, AND TO PROVIDE EXCEPTIONS.
(R488) S. 632 -- Senators Drummond, Rose and McLeod: AN ACT TO AMEND SECTIONS 27-9-20 AND 27-9-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION, THE LOW COUNTRY OPEN LAND TRUST, AND THE NATION FORD LAND TRUST TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
(R489) S. 1328 -- Senator Stilwell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.
(R490) S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: AN ACT 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.
(R491) S. 1157 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, TO PROVIDE EXCEPTIONS, TO PROVIDE FOR JUDICIAL REVIEW, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.
(R492) S. 1216 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DECERTIFICATION, AND ACCREDITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1220, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R493) S. 1229 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R494) S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68 - WATER CLASSIFICATIONS AND STANDARDS AND 61-69 - CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R495) S. 1065 -- Senators Passailaigue, McConnell, Martschink and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 IN CHAPTER 9 OF TITLE 12 SO AS TO PROVIDE FOR STATE INCOME TAX WITHHOLDING ON THE AMOUNT REALIZED FROM THE SALE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY BY NONRESIDENTS, TO PROVIDE THAT THE BUYER SHALL WITHHOLD AND PAY OVER THE TAX, TO PROVIDE THE METHOD FOR COMPUTING AND PAYING OVER THE AMOUNTS WITHHELD, TO LIMIT THE AMOUNT REQUIRED TO BE WITHHELD TO THE TOTAL OF THE NET PROCEEDS DUE THE SELLER, TO ALLOW WITHHOLDING ON GAIN FROM THE SALE IF THE SELLER PROVIDES THE PURCHASER AN AFFIDAVIT STATING THE AMOUNT OF THE GAIN AND TO PROVIDE THAT THE SELLER MAY APPLY TO THE SOUTH CAROLINA TAX COMMISSION FOR REFUND OF EXCESS WITHHOLDING, TO PROVIDE THE TIME FOR PAYMENT, TO ALLOW THE SOUTH CAROLINA TAX COMMISSION TO EXEMPT CLASSES OF TRANSACTIONS AND EXTEND TIME FOR PAYMENT, TO PROVIDE DEFINITIONS, AND TO PROVIDE THAT THE LENDING INSTITUTION, REAL ESTATE AGENT, AND CLOSING ATTORNEY ARE NOT LIABLE FOR COLLECTING THE AMOUNT TO BE WITHHELD; AND TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE WITHHOLDING REQUIREMENT ON SALES OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY BY NONRESIDENTS.
(R496) S. 1112 -- Senators Rose and Wilson: AN ACT TO AMEND SUBARTICLE 17, ARTICLE 11, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2203 SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
(R497) S. 233 -- Senators Leventis and Leatherman: AN ACT 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, TO PROVIDE FOR INTEREST ON LATE PAYMENTS, AND TO PROVIDE EXCEPTIONS.
(R498) S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.
(R499) S. 1331 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE OR THE OFFERING OF A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT, AND TO PROVIDE FOR THE MANNER IN WHICH THIS FISCAL IMPACT STATEMENT MUST BE PREPARED.
(R500) S. 908 -- Senator Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-175 SO AS TO PROVIDE PROCEDURES FOR STATE AGENCIES TO ARRANGE VOLUNTEER BLOOD DRIVES AND FOR STATE EMPLOYEES TO DONATE BLOOD.
(R501) S. 1254 -- Finance Committee: AN ACT TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO REQUIRE THAT ONE MEMBER MUST BE A RETIRED PUBLIC EMPLOYEE AND DELETE ARCHAIC PROVISIONS.
(R502) S. 518 -- Senator McConnell: AN ACT TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AS TO A PERSON'S FITNESS TO STAND TRIAL, SO AS TO INCLUDE CIVIL CONTEMPT IN THE CHARGES AGAINST HIM AND DELETE THE REFERENCE TO THE COUNTY COURT.
(R503) S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R504) S. 1449 -- Senator Leventis: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE MIDLAND RETIRED MILITARY ASSOCIATION OF SOUTH CAROLINA.
(R505) S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
(R506) H. 4653 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.
(R507) H. 4733 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LAY MIDWIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R508) H. 4262 -- Reps. Wilkins, Nettles and Burch: AN ACT TO AMEND SECTION 24-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE REFERENCE TO THE DATE CERTAIN BY WHICH THE COMMISSION IS REQUIRED TO PRESCRIBE ADVISORY SENTENCING GUIDELINES FOR THE GENERAL SESSIONS COURT FOR ALL OFFENSES FOR WHICH A TERM OF IMPRISONMENT OF GREATER THAN ONE YEAR IS ALLOWED; AND TO AMEND ACT 152 OF 1989, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO PROVIDE THAT THE ADVISORY SENTENCING GUIDELINES MUST BE PRESCRIBED ON OR BEFORE JANUARY 31, 1991, AND TO PROVIDE THAT THE CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES WHICH THE COMMISSION IS REQUIRED TO RECOMMEND TO THE GENERAL ASSEMBLY MUST BE RECOMMENDED ON OR BEFORE JANUARY 31, 1991, RATHER THAN BY DECEMBER 1, 1990.
(R509) H. 4916 -- Rep. Gentry: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT 1, ITS GOVERNING BODY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-THREE THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
(R510) H. 4181 -- Rep. Farr: AN ACT TO AUTHORIZE THE UNION COUNTY BOARD OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES.
(R511) H. 4789 -- Reps. Blackwell, White and Moss: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT LEGISLATIVE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE SHALL REVIEW REGULATORY REQUIREMENTS ON SMALL AND RURAL HOSPITALS, PROVIDE FOR TEMPORARY IMPLEMENTATION AND EVALUATION OF ALTERNATIVE STANDARDS, DEVELOP A RURAL HEALTH CARE PLAN MEETING THE CRITERIA UNDER THE ESSENTIAL ACCESS COMMUNITY HOSPITAL PROGRAM, AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
(R512) H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.
(R513) H. 4745 -- Reps. L. Martin, Hendricks and Simpson: AN ACT TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF THE HOLLY SPRINGS PRECINCT AND THE PUMPKINTOWN PRECINCT AS SHOWN ON THE OFFICIAL MAP DATED FEBRUARY 27, 1990.
(R514) H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY CORPORATIONS AND PARTNERSHIPS.
(R515) H. 4730 -- Rep. J. Bailey: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTOWNE NEIGHBORHOOD ASSOCIATION.
(R516) H. 4895 -- Reps. Townsend, Kay, P. Harris, Chamblee and Cooper: AN ACT TO AMEND ACT 549 OF 1973, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
(R517) H. 4915 -- Rep. Wright: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
(R518) H. 4591 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; BY ADDING SECTION 39-22-35 SO AS TO EXEMPT GRIST MILLS AND THEIR PRODUCTS FROM REGULATION OF THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.
(R519) H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ITS DEPARTMENTS, AGENCIES, OR INSTITUTIONS TO USE CERTAIN ACCRUED LEAVE FOR THE PURPOSE OF CARING FOR THE CHILD AFTER PLACEMENT.
(R520) H. 3702 -- Rep. Felder: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-375 SO AS TO PROVIDE THAT A LICENSED REAL ESTATE SALES PERSON WHO SIGNS AN INDEPENDENT CONTRACTOR AGREEMENT WITH HIS BROKER IS EXEMPT FROM WORKERS' COMPENSATION LAWS.
(R521) H. 4205 -- Rep. Wilkins: AN ACT TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO REQUIRE THAT A NOTICE OF APPEAL MUST STATE THE GROUNDS OF THE APPEAL OR THE ALLEGED ERRORS OF LAW.
(R522) H. 4873 -- Rep. Moss: AN ACT TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
(R523) H. 4478 -- Reps. Moss, Baker and Davenport: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS AND TO REQUIRE THAT THE REGULATIONS IMPLEMENTING THIS SECTION BE PROMULGATED BY JANUARY 1, 1991.
(R524) H. 4463 -- Reps. Snow, G. Brown, Barfield and Bruce: AN ACT TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUISANCE SUITS IN AGRICULTURAL OPERATIONS, SO AS TO FURTHER DEFINE "OPERATIONS" AND MAKE THE PROVISIONS APPLICABLE TO ALL AGRICULTURAL FACILITIES AS DEFINED.
(R525) H. 3053 -- Reps. Kirsh and Mappus: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
(R526) H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS AND BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS.
(R527) H. 4889 -- Reps. Boan and Hodges: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANCASTER COUNTY FAIR ASSOCIATION.
At 11:50 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of amendments.
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.
Reps. BAXLEY, G. BROWN, BLANDING, McELVEEN, McLEOD and McTEER proposed the following Amendment No. 16 (Doc. No. 1196o), which was tabled.
Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered:
/SECTION ____. Chapter 93, Title 44 of the 1976 Code is amended by adding:
"Section 44-93-210. (A) Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted commercial infectious waste incinerator facility may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than seven hundred fifty tons.
(B) The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.
(C) For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."
SECTION ____. From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.
SECTION ____. The provisions of this act must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's degree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of this act which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable./
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 16 was out of order as it was the same version of an amendment that the House had already defeated.
Rep. McTEER argued contra the Point in stating that it was not the same amendment and that this amendment had the 25 ton cap included in it and the defeated amendment previously considered did not.
SPEAKER Pro Tempore J. ROGERS overruled the Point of Order.
Rep. McTEER continued speaking.
Rep. SHARPE moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Beasley Blackwell Boan Brown, H. Brown, J. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Corning Davenport Derrick Faber Fair Fant Farr Felder Gregory Harris, J. Harris, P. Harrison Haskins Holt Huff Jaskwhich Johnson, J.W. Kay Kinon Kohn Koon Limehouse Littlejohn Martin, D. Martin, L. Mattos McAbee McBride McCain Moss Nettles Phillips Quinn Rama Rogers, J. Sharpe Short Smith Snow Sturkie Taylor Townsend Vaughn Waldrop Washington Wilkins Winstead Wright
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Baxley Bennett Blanding Brown, G. Chamblee Cooper Corbett Cork Elliott Gentry Glover Hallman Harwell Hayes Hodges Keegan Keesley Keyserling Kirsh Mappus McEachin McElveen McKay McLeod McTeer Neilson Rogers, T. Rudnick Sheheen Simpson Tucker Waites Whipper Wilkes Wofford
So, the amendment was tabled.
The SPEAKER Pro Tempore granted Rep. HENDRICKS a leave of absence for the remainder of the day.
Reps. G. BROWN, BAXLEY, McELVEEN, McLEOD and BLANDING proposed the following Amendment No. 17, which was tabled.
Amend as and if amended.
By adding on page 2, line 40 after "time,",
And further it is a policy of this State that all out-of-state waste of any kind is undesirable and should be prohibited when above ground storage is applicable.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 31.
Reps. McELVEEN, McLEOD, G. BROWN, BLANDING and BAXLEY proposed the following Amendment No. 13, which was tabled.
Amend 44-56-35 by adding:
Every existing facility shall be deemed a new facility for the purposes of meeting the site suitability or location standards or regulations promulgated by the department.
Rep. McELVEEN explained the amendment.
Reps. McLEOD, WAITES, McEACHIN, KEYSERLING and CORBETT spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Beasley Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Davenport Derrick Faber Fant Farr Felder Ferguson Foster Glover Gregory Harris, P. Harrison Harwell Haskins Holt Huff Jaskwhich Johnson, J.W. Kay Kohn Koon Littlejohn Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis Moss Nettles Phillips Rhoad Rogers, J. Sharpe Short Simpson Smith Snow Taylor Townsend Tucker Vaughn Waldrop Washington Whipper Wilder Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Baxley Bennett Blanding Brown, G. Corbett Cork Elliott Fair Gentry Hallman Harris, J. Harvin Hayes Hodges Johnson, J.C. Keegan Keesley Keyserling Kinon Kirsh Lanford Limehouse Mappus McEachin McElveen McKay McLeod McTeer Neilson Quinn Rogers, T. Rudnick Sheheen Waites Wells Wilkes
So, the amendment was tabled.
Rep. SHEHEEN explained the Senate amendments.
The question then recurred to concurrence or non-noncurrence in the Senate amendments.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Boan Brown, H. Brown, J. Brown, R. Bruce Carnell Faber Felder Gregory Haskins Kay Kohn Koon Limehouse Littlejohn Martin, L. McAbee McBride McGinnis Nettles Rogers, J. Simpson Taylor Townsend Tucker Washington Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Barber Barfield Baxley Beasley Bennett Blanding Brown, G. Burch Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Fair Fant Farr Foster Gentry Glover Hallman Harris, J. Harris, P. Harrison Harvin Harwell Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Lanford Mappus Martin, D. Mattos McCain McEachin McElveen McKay McLeod McTeer Moss Neilson Nesbitt Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Wofford Wright
So, the House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. FABER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5043 -- Rep. Baxley: A CONCURRENT RESOLUTION CONGRATULATING THE LADY FOXES OF HARTSVILLE HIGH SCHOOL OF DARLINGTON COUNTY ON WINNING THE CLASS AAAA GIRLS' BASKETBALL STATE CHAMPIONSHIP FOR 1989-90.
At 1:00 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of the Honorable Tom Dubose to meet at 10:00 A.M. tomorrow.
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