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:
Eternal God, the Source of truth, beauty and holiness, bestow upon us the never-failing assurance of Your presence that our faith falters not nor the vision of Your leadership fade into oblivion. Keep us aware that while we are working in the fields of time that we are building for eternity. Teach us a gentler tone, an increased charity, and a more healing touch. Give to us an inner greatness of vision to meet and to match this challenging day as we keep step with Your mighty plans and purposes.
Thank You, Lord, for Your ever continuing blessings. 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., May 8, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has tabled H. 3603:
H. 3603 -- Reps. Keegan, Farr, Barfield and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO PROHIBIT DWARF TOSSING.
Very respectfully,
President
No. 019
Received as information.
May 7, 1990
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4809, R-555, an Act:
TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.
This veto is based upon an opinion of the Attorney General's Office dated May 7, 1990, which states in concluding:
"Act No. 277 of 1977 amended an act of the General Assembly to provide that the tax collector of Bamberg County is to be under the jurisdiction of the county treasurer. The act bearing ratification number 555 would repeal that act. Only Bamberg County is affected. Thus, H. 4809, R-555 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4809, R-555, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
May 7, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of May 3, 1990, you have asked for the opinion of this Office as to the constitutionality of H. 4809, R-555, an act repealing Act No. 277, 1977 Acts and Joint Resolutions. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.C.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
Act No. 277 of 1977 amended an act of the General Assembly to provide that the tax collector of Bamberg County is to be under the jurisdiction of the county treasurer. The act bearing ratification number 555 would repeal that act. Only Bamberg County is affected. Thus, H. 4809, R-555 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4809, R-555 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Based on the foregoing, we would advise that H. 4809, R-555 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Nettles Rhoad Rogers, T.
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 8, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 4476:
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.
Very respectfully,
President
On motion of Rep. MOSS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. MOSS, RAMA and WHIPPER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 9, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3104:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
and asks for a Committee of Conference and has appointed Senators Lourie, Thomas and Gilbert of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 100
Whereupon, the Chair appointed Reps. J. BAILEY, WILDER and HASKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 3, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 946:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
Very respectfully,
President
No. 130
Received as information.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 5030 -- Reps. Kohn, Harvin, R. Brown and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR ANNUAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND FOR AGENTS LICENSED TO SELL LIFE, ACCIDENT, AND HEALTH INSURANCE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, and Rep. MAPPUS, for the minority, submitted an unfavorable report, on:
H. 4075 -- Reps. Harvin, Barfield, D. Williams, Taylor, Hearn, Holt, Ferguson, Nesbitt, Blackwell, Wells, McGinnis, Rhoad, Tucker, Waites, Kay, Stoddard, Washington, J. Bailey, Elliott, Keegan, Felder, G. Bailey, Phillips, Baxley, Mattos, Fant and K. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-736 SO AS TO PROVIDE FOR A REDUCTION IN RATES FOR AUTOMOBILE LIABILITY INSURANCE FOR A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER WHO SUCCESSFULLY COMPLETES A MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 984 -- Senator Russell: A BILL TO AMEND SECTION 9-11-48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR TRANSFERRING A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS TO THE POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO PROVIDE ALTERNATIVE REQUIREMENTS FOR THE TRANSFER.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1590 -- Senators Horace C. Smith, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING AND THANKING GRADY A. WALLACE FOR HIS OUTSTANDING CAREER OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA WITH THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND WISHING HIM HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5085 -- Rep. McAbee: A BILL TO AMEND ACT 102 OF 1973, RELATING TO THE TAX COLLECTOR FOR MCCORMICK COUNTY, SO AS TO PROVIDE THAT THE COUNTY COUNCIL MAY APPOINT A PERSON OTHER THAN THE COUNTY TREASURER AS TAX COLLECTOR WITH THE CONSENT OF THE COUNTY TREASURER.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. WILDER presented members of the Pi Kappa Phi Fraternity from across the state recognizing them for their efforts in the P.U.S.H. program, People Understanding the Severely Handicapped.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Altman Bailey, G. Barber Barfield Baxley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Carnell Chamblee Cole Cooper Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Holt Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, T. Sharpe Sheheen Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 9, 1990.
C. Lenoir Sturkie James J. Bailey Robert N. McLellan Ken Corbett Howell Clyborne James H. Hodges Grady Brown David Beasley John I. Rogers, III Mickey Burriss Jack Gregory Harriet Keyserling B.J. Gordon R.S. Corning Paul M. Burch John B. Williams Joseph T. McElveen Ken Bailey M.W. Glover Irene K. Rudnick Tom Limehouse Thomas C. Alexander Larry Gentry Paul Short Dell Baker James C. Johnson Tim Wilkes Larry L. Koon
STATEMENTS OF ATTENDANCE
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 Tuesday, May 8.
Rep. JUANITA M. WHITE signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on May 3.
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, April 11.
Announcement was made that Dr. Eugene Rutland of Charleston is the Doctor of the Day for the General Assembly.
The Free Conference Report on the following Bill was taken up.
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
The Free Conference report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1585 -- Senators Williams and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL LAWS OF ORANGEBURG COUNTY ESTABLISHING THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 139 -- Senator Pope: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.
Rep. HUFF proposed the following Amendment No. 7 (Doc. No. 1461o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 56-3-1910 of the 1976 Code is amended to read:
"Section 56-3-1910. Upon payment of the regular motor vehicle license fee, the South Carolina Department of Highways and Public Transportation may issue a license tag with a special number or identification indicating that the tag was issued to a person (a) disabled by an impairment in the use of one or more limbs and required to use a wheelchair or (b) disabled by an impairment in mobility, but otherwise qualified for a driver's license as determined by the department. Each application for the license must be accompanied by the certificate of a licensed physician as to the permanency of limb impairment or as to the severity or the permanency of mobility impairment.
The special license tag authorized by this section may also be issued for a vehicle of special design and equipment designed to transport a disabled person who meets the requirements of this section if the vehicle is owned and titled in the name of the disabled person or in the name of a member of his immediate family."/
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
While I was not in the Chamber, S. 139 passed.
This Bill does not state what will occur to the 100,000 placards which are already issued.
A person who is permanently disabled ought not have to obtain a doctor's statement each time the renewal is necessary.
The placard ought to have clearly stated on the placard when it will expire. I am concerned that the Bill does not provide proper communication to the public who are affected.
Rep. IRENE K. RUDNICK
The following Bill was taken up.
H. 4923 -- Reps. Felder and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 2, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. MOSS explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 2 (Doc. No. 0335l), which was tabled.
Amend the bill, as and if amended, in SECTION 23-9-510 by deleting the words /upon the advice and consent of the Senate/
Amend title to conform.
Rep. MOSS moved to table the amendment, which was agreed to.
Rep. McLEOD proposed the following Amendment No. 3 (Doc. No. 1502o), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 23-8-10 of the 1976 Code is amended to read:
"Section 23-8-10. There is hereby created the South Carolina State Fire Commission to be composed of nineteen residents of the State, eighteen of whom shall be appointed by the Governor upon the advice and consent of the Senate as follows: two members shall be appointed from each congressional district with one from each district being a volunteer fireman and one from each district being a full-time professional fireman but in no event shall the two from each district be appointed from the same county; one shall be a registered architect; one shall be a local government building official; one shall be an electrical inspector; one shall be a licensed contractor; one shall be a fire protection engineer and one shall be a consumer. The other member shall be a fire chief elected from the State at large by the General Assembly and shall serve as chairman.
The terms of the members shall be four years and until their successors are appointed and qualify, except that of those first appointed the consumer, the electrical inspector and the architect shall serve for one year; the building official, the contractor and the fire protection engineer shall serve for two years and the fire service members from congressional districts one, two and three shall serve for three years. Vacancies shall be filled in the manner of the original appointments or election for the unexpired portion of the term only. eight members appointed by the Governor, upon the advice and consent of the Senate, to include one registered architect, one general contractor, one certified building inspector, one consumer, one registered electrical engineer, one specialty licensed contractor, one building materials supplier, and one structural engineer. Not more than one type of profession or occupation may be represented on the board. In addition, one member of the House of Representatives appointed by the Speaker and one member of the Senate appointed by the President of the Senate shall serve as ex officio members of the commission with terms coterminous with their elected terms of office.
The terms of the appointed members are four years and until their successors are appointed and qualify, except that the terms of the following initial appointees must be as follows:
(1) Registered architect, certified building inspector, and consumer: one year;
(2) General Contractor, and the specialty licensed contractor: two years;
(3) Registered electrical engineer, structural engineer, and building materials supplier: three years.
Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The Governor shall appoint the chairman. At the first meeting in each year the commission shall elect a vice-chairman and other officers the commission considers necessary at the first meeting in each year and shall adopt appropriate rules of procedure."
SECTION 2. The 1976 Code is amended by adding:
"Section 23-9-15. The State Budget and Control Board shall annually review the job performance of the State Fire Marshal. If the board finds that the job performance of the State Fire Marshal has been unsatisfactory, it may remove him from office and his replacement must be selected in the manner provided by Section 23-8-30(B).
SECTION 3. The present members of the State Fire Commission shall continue to serve in office until July 1, 1990, at which time their successors, selected in a manner provided by Section 23-8-10, as amended by the provisions of Section 1 of this act, shall take office.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. WALDROP raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.
Rep. FELDER stated that the original Bill dealt with the appeals procedure and what this Amendment attempted to do should be dealt with in separate legislation.
Rep. McLEOD argued contra the Point in stating that the Amendment dealt directly with the appeals panel.
The SPEAKER stated that the Amendment attempted to reconstitute the State Fire Commission and that the Amendment amended a new section of the Code and he sustained the Point of Order and ruled the Amendment out of order.
Rep. M.D. BURRISS proposed the following Amendment No. 4 (Doc. No. 1449o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered:
/SECTION _____. The 1976 Code is amended by adding:
"Section 23-9-155. The State Fire Marshal or any of his authorized agents when inspecting buildings or structures for compliance with applicable provisions of law or fire codes and finding violations of the same, must inform the owner of the building or structure in writing of the nature of the violation and a specific citation as to the particular statutory provision of law or provision of the applicable fire code on which the violation is based before any changes in the building or structure may be required or before any penalties authorized by law may be assessed."/
Renumber sections to conform.
Amend title to conform.
Rep. M.D. BURRISS explained the amendment.
The amendment was then adopted.
Rep. McLEOD moved to adjourn debate upon the Bill until 11:15 A.M.
Rep. WALDROP moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until 11:15 A.M., which was agreed to.
Rep. HAYES moved to adjourn debate upon the following Bill until Thursday, May 10, which was adopted.
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
The following Bill was taken up.
S. 580 -- Senators Horace C. Smith and Lee: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1330o).
Amend the bill, as and if amended, by striking SECTION 4, beginning on page 2 and line 37, and inserting:
/SECTION 4. Section 56-5-1555 of the 1976 Code is amended to read:
"Section 56-5-1555. No person may operate any a moped at a speed in excess of twenty-five miles an hour. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."
Amend further, SECTION 7, beginning on page 3 and line 35, and inserting:
/SECTION 7. Section 56-5-3750 of the 1976 Code is amended to read:
"Section 56-5-3750. (A) Any A person who sells, solicits, or advertises the sale of mopeds shall clearly and conspicuously shall label each moped with its specifications including, but not limited to, the brake horsepower of the motor and the maximum speed of the vehicle on level ground. The seller also shall attach a metal identification plate to each moped without pedals identifying the vehicle as a moped. This plate must be designed by the Department of Highways and Public Transportation and must display information the department considers necessary for enforcement purposes. The plate must be displayed permanently on each moped without pedals and must not be removed. Any A seller of mopeds who fails to label a moped; fails to attach a metal identification plate to a moped without pedals; knowingly labels a motorcycle or motor-driven cycle as a moped or attaches a metal identification plate to a motorcycle or motor-driven cycle identifying the vehicle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for no not more than thirty days.
(B) It is unlawful for a person to operate a moped without pedals upon the public highways and streets of this State without displaying the metal identification plate which must be attached to the vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
(C) Each vehicle which is incorrectly labeled or plated and each moped which is not labeled or plated is a separate violation of this section."/
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. McELVEEN moved to table the Bill and demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 20 to 43.
Reps. McELVEEN, McLEOD and HODGES objected to the Bill.
The following Joint Resolution was taken up.
S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc. No. 1754X), which was adopted.
Amend the resolution, as and if amended, by adding a new section, appropriately numbered, to read:
"SECTION __. A. The first paragraph of Section 12-37-970 of the 1976 Code, as last amended by Act 381 of 1988, is further amended to read:
"The assessment for property taxation of merchants' inventories, equipment, furniture and fixtures, and manufacturers' real and tangible personal property, and the machinery, equipment, furniture and fixtures of all other taxpayers required to file returns with the South Carolina Tax Commission for purposes of assessment for property taxation, must be determined by the commission from property tax returns submitted by the taxpayers to the commission on or before the fifteenth last day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7, Title 12, of this title. The commission by regulation shall prescribe the form of return required by this section, the information to be contained in it, and the manner in which the returns must be submitted. Every taxpayer required to make return to the commission of property for assessment for property taxation must make the return to the commission not less than once each calendar year. Whenever by a change of accounting period or otherwise more than one accounting period ends within any one calendar year, the taxpayer must make one such return within the prescribed time for filing following the end of each of the accounting periods and the commission shall determine the assessment from the return setting forth the greatest value."
B. The amendment to Section 12-37-970 of the 1976 Code contained in this section is effective for tax years beginning after 1989."
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: A BILL TO AMEND SECTION 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.
Rep. SIMPSON was recognized to explain Amendment No. 1.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. SIMPSON having been recognized.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5086 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. GEORGE HIGH SCHOOL VARSITY BASKETBALL TEAM IN DORCHESTER COUNTY UPON WINNING THE 1989-90 BOYS' CLASS A STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5087 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY BOYS' HIGH SCHOOL BASKETBALL TEAM UPON WINNING THE 1989-90 BOYS CLASS AA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5088 -- Reps. K. Bailey, Bennett, Felder and McCain: A CONCURRENT RESOLUTION TO CONGRATULATE SHARON A. MAXWELL OF WILLIAMSBURG COUNTY UPON BEING SELECTED THE OUTSTANDING MILITARY SCIENCE IV WOMAN CADET IN THE UNITED STATES ARMY FIRST REGION AND PRESENTED THE PALLAS ATHENE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5089 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
On motion of Rep. T. ROGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. FELDER, on behalf of the Williamsburg and Orangeburg Delegations, presented Sharon A. Maxwell, recipient of the U.S. Army Outstanding Military Science IV Woman Cadet, First Region, and the Pallas Athene Award.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SIMPSON having the floor.
S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: A BILL TO AMEND SECTION 312-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.
Rep. SIMPSON proposed the following Amendment No. 1 (Doc. No. 3855U), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Title 12 of the 1976 Code is amended by adding:
Section 12. As used in this chapter:
( 1) 'Beverage' means beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.
( 2) 'Beverage container' means the individual, separate, and sealed glass, metal, or plastic bottle, can, jar, or carton containing a beverage.
( 3) 'Commission' means the South Carolina Alcoholic Beverage Control Commission.
( 4) 'Consumer' means every person who purchases a beverage in a beverage container for use or consumption.
( 5) 'Dealer' means every person in this State who engages in the sale of beverages in beverage containers to a consumer or means a redemption center certified under Section 44-97-80.
( 6) 'Distributor' means every person who engages in the sale of beverages in beverage containers to a dealer in this State including a manufacturer who engages in sales.
( 7) 'In this State' means within the exterior limits of South Carolina and includes all territory within these limits owned by or ceded to the United States.
( 8) 'Manufacturer' means every person bottling, canning, or otherwise filling beverage containers for sale to distributors or dealers.
( 9) 'Place of business of a dealer' means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.
(10) 'Use or consumption' includes the exercise of a right or power over a beverage incident to the ownership of the beverage, other than the sale or the keeping or retention of a beverage for the purposes of sale.
Section 12. (A) Except as provided in subsection (B), every beverage container sold or offered for sale in this State has a refund value of not less than five cents.
(B) Every beverage container certified as provided in Section 12 sold or offered for sale in this State, has a refund value of not less than five cents.
Section 12. Except as provided in Section 12:
(1) A dealer may not refuse to accept from a consumer an empty beverage container of the kind, size, and brand sold by the dealer or refuse to pay to the consumer the refund value of a container as established by Section 12.
(2) A distributor may not refuse to accept from a dealer an empty beverage container of the kind, size, and brand sold by the distributor or refuse to pay the dealer the refund value of a container as established by Section 12.
Section 12. (A) A dealer may refuse to accept from a consumer and a distributor may refuse to accept from a dealer an empty beverage container which does not state on the container a refund value as established by Section 12.
(B) A dealer may refuse to accept and pay the refund value of an empty beverage container if the place of business of the dealer and the kind and brand of the container are included in an order of the commission approving a redemption center under Section 12.
Section 12. (A) Every beverage container sold or offered for sale in this State by a dealer clearly must indicate by embossing, a stamp, a label, or other method securely affixed to the container, its refund value.
(B) Subsection (A) does not apply to glass beverage containers designed for beverages having a brand name permanently marked on the container which, on January 1, 1988, had a refund value of not less than five cents.
Section 12. (A) To promote the use in this State of reusable beverage containers of uniform design and to facilitate the return of containers to manufacturers for reuse as a beverage container, the commission shall certify the containers which satisfy the requirements of this section.
(B) A beverage container must be certified if:
(1) it is reusable as a beverage container by more than one manufacturer in the ordinary course of business;
(2) more than one manufacturer, in the ordinary course of business, will accept the beverage container for reuse as a beverage container and pay its refund value.
(C) A beverage container must not be certified under this section if by reason of its shape or design, or by reason of words or symbols permanently inscribed on the container, whether by engraving, embossing, painting, or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name.
Section 12. (A) Unless an application for certification under Section 12 is denied by the commission within sixty days after the filing of the application, the beverage container is considered certified.
(B) The commission may review at any time certification of a beverage container. If after the review, with written notice and hearing afforded to the person who filed the application for certification under Section 12, the commission determines the container is no longer qualified for certification it shall withdraw certification.
(C) Withdrawal of certification is effective not less than thirty days after written notice to the person who filed the application for certification under Section 12 and to the manufacturers referred to in Section 12(B).
Section 12. (A) To facilitate the return of empty beverage containers and to serve dealers of beverages, a person may establish a redemption center, subject to the approval of the commission, at which consumers may return empty beverage containers and receive payment of the refund value of the beverage containers.
(B) Application for approval of a redemption center must be filed with the commission. The application must state the name and address of the person responsible for the establishment and operation of the redemption center, the kinds and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application must include additional information the commission may require.
(C) The commission shall approve a redemption center if it finds the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the commission approving a redemption center must state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center accepts. The order may contain other provisions to insure the redemption center provides a convenient service to the public as the commission may determine.
(D) The commission may review at any time approval of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the commission, after hearing, may withdraw approval of a redemption center if the commission finds there has not been compliance with its order approving the redemption center or if the redemption center no longer provides a convenient service to the public.
Section 12. The commission may promulgate regulations to provide the procedures for certification or withdrawal provided for in this chapter.
Section 12. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Bill.
The SPEAKER stated that the Bill dealt with soft drinks, bottled and unbottled drinks and powder base drinks and he overruled the Point of Order.
Rep. SIMPSON continued speaking.
Rep. G. BROWN spoke against the amendment.
Rep. BARFIELD moved to table the amendment.
Rep. MAPPUS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Barfield Baxley Bennett Blackwell Blanding Brown, G. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Corbett Davenport Derrick Elliott Faber Fair Farr Felder Ferguson Foster Gregory Hallman Harris, J. Harris, P. Harrison Hodges Huff Keesley Kinon Kirsh Limehouse Martin, D. Mattos McAbee McBride McCain McKay McLeod Moss Nesbitt Phillips Rama Rudnick Sharpe Short Smith Snow Taylor Tucker Waldrop Whipper White Wilkes Winstead Wofford Wright
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Bailey, J. Barber Bruce Cooper Cork Corning Haskins Hendricks Holt Jaskwhich Johnson, J.C. Kay Keegan Keyserling Littlejohn Mappus Martin, L. McLellan McTeer Nettles Rogers, J. Rogers, T. Sheheen Simpson Waites Wilder Williams, J.
So, the amendment was tabled.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1499 -- Finance Committee: A BILL TO AMEND SECTION 59-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REVENUE BOND DEBT LIMITATION OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO INCREASE THE LIMIT FROM ONE HUNDRED SEVENTY-FIVE TO THREE HUNDRED MILLION DOLLARS.
Rep. McABEE explained the Bill.
The following Bill was taken up.
H. 4640 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1735X), which was adopted.
Amend the bill, as and if amended, by adding at the end of Section 50-13-2030, as contained in SECTION 1:
/Capers Island and the Santee Coastal Reserve are exempt from the provisions of this section until the expiration of the lease and license which the property was subject to when acquired by the State./
When amended, SECTION 1 reads:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-13-2030. Land owned by the State acquired with federal land water conservation funds may be used by the public for fishing, boating, picnicking, and other related activities. The terms and conditions of the use must be approved by the governmental entity having control of the land and a majority of the legislative delegation of the county where the land is located. Capers Island and the Santee Coastal Reserve are exempt from the provisions of this section until the expiration of the lease and license which the property was subject to when acquired by the State."/
Amend title to conform.
Rep. MATTOS 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.
H. 4923 -- Reps. Felder and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Rep. FARR proposed the following Amendment No. 5, which was adopted.
Amend the bill, as and if amended, in Section 23-9-510 by striking the word /Senate/ and inserting the words /General Assembly/ so that the first sentence reads:
"The State Fire Marshal Board of Appeals is created and composed of nine members appointed by the Governor upon the advice and consent of the General Assembly./
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
Rep. McLEOD proposed the following Amendment No. 6 (Doc. No. 1509o), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 23-8-10 of the 1976 Code is amended to read:
"Section 23-8-10. There is hereby created the South Carolina State Fire Commission and Fire Marshal Board of Appeals to be composed of nineteen residents of the State, eighteen of whom shall be appointed by the Governor upon the advice and consent of the Senate as follows: two members shall be appointed from each congressional district with one from each district being a volunteer fireman and one from each district being a full-time professional fireman but in no event shall the two from each district be appointed from the same county; one shall be a registered architect; one shall be a local government building official; one shall be an electrical inspector; one shall be a licensed contractor; one shall be a fire protection engineer and one shall be a consumer. The other member shall be a fire chief elected from the State at large by the General Assembly and shall serve as chairman.
The terms of the members shall be four years and until their successors are appointed and qualify, except that of those first appointed the consumer, the electrical inspector and the architect shall serve for one year; the building official, the contractor and the fire protection engineer shall serve for two years and the fire service members from congressional districts one, two and three shall serve for three years. Vacancies shall be filled in the manner of the original appointments or election for the unexpired portion of the term only. eight members appointed by the Governor, upon the advice and consent of the Senate, to include one registered architect, one general contractor, one certified building inspector, one consumer, one registered electrical engineer, one specialty licensed contractor, one building materials supplier, and one structural engineer. Not more than one type of profession or occupation may be represented on the board. In addition, one member of the House of Representatives appointed by the Speaker and one member of the Senate appointed by the President of the Senate shall serve as ex officio members of the commission with terms coterminous with their elected terms of office.
The terms of the appointed members are four years and until their successors are appointed and qualify, except that the terms of the following initial appointees must be as follows:
(1) Registered architect, certified building inspector, and consumer: one year;
(2) General Contractor, and the specialty licensed contractor: two years;
(3) Registered electrical engineer, structural engineer, and building materials supplier: three years.
Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The Governor shall appoint the chairman. At the first meeting in each year the commission shall elect a vice-chairman and other officers the commission considers necessary at the first meeting in each year and shall adopt appropriate rules of procedure.
This Fire Commission and Fire Marshal Board of Appeals shall hear appeals of decisions of the State Fire Marshal made pursuant to Section 23-9-150, and also decisions of local authorities where these local authorities are exercising appropriate fire jurisdiction. Appeals from decisions of this Fire Commission and Fire Marshal Board of Appeals must be to the Budget and Control Board and then to the Circuit Court."
SECTION 2. The 1976 Code is amended by adding:
"Section 23-9-15. The State Budget and Control Board shall annually review the job performance of the State Fire Marshal. If the board finds that the job performance of the State Fire Marshal has been unsatisfactory, it may remove him from office and his replacement must be selected in the manner provided by Section 23-8-30(B).
SECTION 3. The present members of the State Fire Commission shall continue to serve in office until July 1, 1990, at which time their successors, selected in a manner provided by Section 23-8-10, as amended by the provisions of Section 1 of this act, shall take office.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. McLEOD spoke in favor of the amendment.
Rep. FELDER spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 64 to 6.
Reps. BLANDING and KLAPMAN objected to the Bill.
The following Bill was taken up.
H. 4747 -- Reps. Harvin and Blackwell: A BILL TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISIONS PROVIDING FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO REPEAL SECTION 58-12-130, RELATING TO THE FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1371o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 58-12-130 of the 1976 Code is amended to read:
"Section 58-12-130. (a) Cable television companies operating in this State shall pay an annual fee of ten dollars per mile of State of South Carolina right-of-way usage. The net revenue derived therefrom, after payment of the administrative expenses of the South Carolina Department of Highways and Public Transportation as specified in subsection (b) below, shall be designated and used for primary and secondary educational purposes. All such cable television companies shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commission.
(b)The Department is authorized to administer the provisions of this section and to collect from such cable television companies the annual fees required to be paid and to retain five percent of the amount so collected to the credit of its accounts. The Department shall deposit the balance remaining with the State Treasurer to the credit of the general fund.
(c)(A) The South Carolina Department is authorized to of Highways and Public Transportation may issue a general continuing permit to each of such cable television companies which, upon company operating in this State. Upon the reporting by such cable television companies the company of a proposed extension of its cable subject to this Act chapter and approval of the same extension by the department, shall apply the permit applies to each such extension and shall thereby eliminate. This authorization eliminates the necessity of the issuance of a permit for each extension.
(d) The Department shall as soon as practicable after the close of each fiscal year prepare and submit to each such cable television company a statement for the cumulative total of its permitted highway right-of-way mileage use. Such statements shall be payable within thirty days and, if not paid within thirty days, shall be subject to a penalty of one percent per month. If payment of any such statement is not made within six months, the Department may in its discretion rescind any outstanding permit of such cable television company.
(B) Each cable television company in this state shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commission.
(e)(C)The department is authorized to may initiate appropriate legal action to enforce the permit and fee requirements of this section against nonpermitted cable encroachment located within state highway rights-of-way."/
Amend title to conform.
Renumber sections to conform.
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
Rep. BLACKWELL explained the Bill.
Rep. WHIPPER objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 56 to 9.
The following was received.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Section 8-11-120 of the 1976 Code is amended to read:
"Section 8-11-120. (A) All State state offices, agencies, departments, and other divisions and branches of the State state government shall notify, at least five working days prior to the close of the application period, the Columbia Metro Job Service Office of the South Carolina Employment Security Commission and the Personnel Recruitment Section, Division of Human Resource Management of the Budget and Control Board of job vacancies within five days after any such vacancy exists a vacancy in any employment position for which recruitment will be undertaken, except those employment positions exempt from the classification and compensation plan under the provisions of Section 8-11-270. Notification of such vacant position must include the following:
(a) The title of the position and a summary description of the job responsibilities for the vacant position if needed for clarification;
(b) the entry salary and/or salary range for the vacant position;
(c) the name of the agency where the vacant position exists;
(d) a description of the application process for the vacant position;
(e) residency requirements, if any, for the vacant position;
(f) the classification code, the slot, and the position number, if any, of the vacant position;
(g) the minimum requirements for the vacant position, as well as preferred qualifications, if any;
(h) the opening and closing dates for applying for the vacant position;
(i) a statement certifying that the employer is an equal employment opportunity/affirmative action employer;
(j) the Merit System status of the vacancy; and
(k) the normal work schedule and whether the position is full-time or part-time.
The notification must be posted conspicuously within the agency where the vacancy exists and must include the information described in items (a) through (k).
If the vacancy is a promotional opportunity that requires work experience within the agency to qualify for the promotion, notice of the vacancy must be posted in a conspicuous place within the agency for five working days, and the notice of vacancy does not have to be sent to the Employment Security Commission or to the Recruitment Section, Division of Human Resource Management of the Budget and Control Board.
If an emergency situation exists requiring the vacancy to be filled immediately, certification of the emergency must be made to and approved by the agency director or the director's designee waiving the posting requirement at the agency and state level.
(B) If a position classification continually is vacant an agency has an open recruitment policy for a position classification, one announcement at the beginning of each fiscal year is sufficient notification to the Recruitment Section, Division of Human Resource Management of the Budget and Control Board and the Columbia Metro Job Service Office of the South Carolina Employment Security Commission.
(C) The Recruitment Section, Division of Human Resource Management of the Budget and Control Board must report all filled positions to the South Carolina Employment Security Commission.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Isadore E. Lourie Herbert Kirsh Michael T. Rose Samuel R. Foster Nell W. Smith Toney L. Farr On Part of the Senate. On Part of the House.
Rep. FOSTER explained the Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. KOON moved that the House recur to the morning hour, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 1287
Promulgated By Clemson University, Department of Plant Industry
Boll Weevil Regulations and Quarantine
Received by Speaker May 9, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date September 6, 1990
Document No. 1286
Promulgated By Clemson University, Department of Plant Industry
Bee Regulations
Received by Speaker May 9, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date September 6, 1990
Document No. 1285
Promulgated By Clemson University, Department of Fertilizer and Pesticide Control
Chemigation Regulation
Received by Speaker on May 9, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date September 6, 1990
The following Joint Resolution was introduced, read the first time, and referred to the appropriate committee:
H. 5090 -- Reps. Koon and Derrick: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
On motion of Rep. KOON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Thursday, May 17, which was adopted.
H. 4853 -- Reps. Corbett, Altman, G. Bailey, Baker, Barber, Barfield, Baxley, Blackwell, Boan, G. Brown, H. Brown, Bruce, T.M. Burriss, Clyborne, Cole, Cork, Corning, Davenport, Elliott, Fair, Gentry, Hallman, Harrison, Haskins, Huff, Jaskwhich, Keegan, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McCain, McGinnis, Moss, Neilson, Quinn, Rama, Rhoad, Simpson, Sturkie, Vaughn, Waites, Waldrop, Wells, Wofford, Wright, Harwell and Kinon: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
The following Bill was taken up.
H. 4926 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 IN TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA TAX PROCEDURES ACT AND BY ADDING SECTIONS 12-31-290, 12-51-155, 12-54-25, AND 12-54-85 SO AS TO PROVIDE FOR PENALTIES FOR FAILING TO COMPLY WITH REGISTRATION CARD REQUIREMENTS FOR PURPOSES OF THE ROAD TAX ON MOTOR CARRIERS, TO PROVIDE THAT TAX SALES OF REAL PROPERTY ON WHICH TAXES HAVE BEEN REGULARLY PAID ARE VOID, TO PROVIDE FOR THE PAYMENT OF INTEREST ON UNDERPAYMENTS AND REFUNDS OF TAXES, AND TO PROVIDE FOR STATUTES OF LIMITATIONS ON ASSESSMENTS AND CLAIMS FOR REFUND; TO AMEND SECTION 12-3-140, AS AMENDED, RELATING TO POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO ALLOW THE COMMISSION TO COMPROMISE STATE TAXES, INTEREST, OR PENALTIES AND TO ENTER INTO BINDING WRITTEN AGREEMENTS WITH RESPECT TO STATE TAXES; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO ADJUST THE CALCULATION OF THE INDEX OF TAXPAYING ABILITY FOR A SCHOOL DISTRICT TO REFLECT FOR UNDERPAYMENTS OF DISTRIBUTIONS BECAUSE OF PROPERTY TAX APPEALS; AND TO REPEAL SECTIONS 12-1-80, 12-1-100, 12-1-130, 12-1-213, CHAPTER 5, 12-7-620, 12-7-630, 12-7-1650, 12-7-1670, 12-7-2000, 12-7-2210, 12-7-2220, 12-7-2240, 12-7-2300, 12-7-2310, 12-7-2440, 12-7-2510, 12-7-2710, 12-7-2720, 12-7-2730, 12-7-2740, 12-7-2750, 12-7-2760, 12-7-2780, 12-9-400, 12-9-810, 12-9-820, 12-9-830, 12-9-840, 12-9-850, 12-15-570, 12-15-720, ARTICLES 11, 15, AND 17 OF CHAPTER 15, 12-15-1510, 12-15-1610, 12-16-1130, 12-16-1310, 12-16-1320, 12-16-1330, 12-16-1340, 12-16-1350, 12-16-1360, 12-16-1920, 12-16-1930, 12-16-1940, 12-17-220, 12-17-230, 12-19-60, 12-19-160, 12-21-160, 12-21-470, 12-21-700, 12-21-710, 12-21-2080, 12-21-2480, 12-21-2560, 12-21-2570, 12-21-2840, 12-21-2850, 12-21-3020, 12-21-3030, 12-21-3040, 12-21-3050, 12-21-3060, 12-21-3090, 12-21-3100, 12-21-3110, 12-21-3120, 12-21-3130, 12-23-70, 12-23-80, 12-23-100, 12-23-110, 12-27-50, 12-27-150, 12-27-310, 12-27-340, 12-27-580, 12-27-820, 12-29-140, 12-29-420, 12-29-430, ARTICLE 7 OF CHAPTER 29, 12-31-460, 12-31-470, 12-31-480, ARTICLE 7 OF CHAPTER 31, 12-35-640, 12-35-1220, 12-35-1270, 12-35-1280, 12-35-1290, 12-35-1300, 12-35-1310, 12-35-1320, 12-35-1330, 12-35-1340, 12-35-1350, 12-35-1360, 12-35-1370, 12-35-1380, 12-35-1390, 12-35-1400, 12-35-1410, 12-35-1420, 12-35-1430, 12-35-1440, 12-35-1460, 12-35-1480, 12-35-1490, 12-35-1500, 12-35-1510, 12-35-1520, 12-35-1530, CHAPTER 47, 12-54-20, AND 12-54-30, ALL OF TITLE 12 OF THE 1976 CODE AND ALL RELATING TO TAX PROCEDURES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1726X), which was tabled.
Amend the bill, as and if amended, in Article 3, Chapter 56 of Title 12, as contained in SECTION 1, page 18, by adding a new Code section before Section 12-56-400, to read:
/Section 12-56-395. The provisions of Section 12-56-390 do not apply to claims for abatement or refund resulting from a decision of a court of competent jurisdiction declaring a tax law of this State unconstitutional or otherwise unlawful. For purposes of this section, a final decision is the decision of a court declaring the law unconstitutional or otherwise unlawful and from which the appropriate officials of this State cannot or do not take an appeal or request a rehearing.
This section does not apply to a claim for refund for a taxpayer who makes his claim by stating on his payment or on his timely filed return that he is paying under protest because he believes some or all of the tax is unconstitutional or unlawful. His protest constitutes a claim for refund for the payment made under protest under Section 12-56-390./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Baker Barber Barfield Baxley Brown, G. Brown, J. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Fair Fant Felder Gentry Glover Hallman Harrison Haskins Holt Jaskwhich Johnson, J.C. Keegan Koon Lanford Limehouse Littlejohn Martin, L. McCain McGinnis McKay Moss Neilson Nettles Phillips Rama Rudnick Sharpe Smith Snow Tucker Vaughn Waites Waldrop Wells Whipper Wilkes Wofford Wright
Those who voted in the negative are:
Alexander, T.C. Bailey, K. Beasley Bennett Boan Burch Carnell Farr Foster Harris, J. Harris, P. Hendricks Hodges Johnson, J.W. Keesley Kirsh Klapman Mappus Mattos McAbee McLellan McTeer Nesbitt Rogers, J. Sheheen Simpson Townsend Wilder Williams, J. Winstead
So, the amendment was tabled.
I refrained from voting on this Amendment due to a conflict of interest.
Rep. DILL BLACKWELL
Reps. KIRSH, McTEER, BLANDING and KLAPMAN objected to the Bill.
The following Bill was taken up.
S. 1522 -- Finance Committee: A BILL TO AMEND CHAPTER 119 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 7 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE AUXILIARY FACILITIES REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM THE FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS, AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1727X), which was tabled.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety, page 10, lines 30 through 45, and page 11, lines 1 through 20.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. McABEE explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1471 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DEFINE INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR PERSONS WITH RELATED CONDITIONS; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF THE FACILITIES, SO AS TO PROVIDE FOR THE REQUIREMENTS TO APPLY TO THE INTERMEDIATE CARE FACILITIES DEFINED IN THIS ACT.
S. 1575 -- Senator Russell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WARBIRDS, INC., IN SPARTANBURG COUNTY.
The following Bill was taken up.
S. 1511 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION AND TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT OR PARENTS HAVE BEEN ARRESTED.
Rep. MOSS proposed the following Amendment No. 1 (Doc. No. 1495o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-610(B) through (F) of the 1976 Code are relettered as (C) through (G).
SECTION 2. Section 20-7-610 of the 1976 Code is amended by adding:
"(B) Where a child's parent, parents, or guardian has been arrested or the child has become lost accidentally and as a result the child's welfare is threatened due to loss of adult protection and supervision, the child may be taken into protective custody pursuant to this section if:
(1) In the circumstance of arrest, the parent, parents, or guardian does not consent in writing within twenty-four hours to another person assuming physical custody of the child;
(2) In the circumstance of a lost child, a search by law enforcement has not located the parent, parents, or guardian within twenty-four hours.
No placement with a parent, an immediate family member, a guardian, or a relative is required under this subsection where the law enforcement officer believes in good faith that the placement would expose the child to harm as defined in Section 20-7-490(C) or if the individual cannot or will not take placement of the child within twenty-four hours.
Where a child is held awaiting placement for up to twenty-four hours under this subsection, the local department of social services shall provide up to twenty-four hours of shelter for the child in a licensed foster home or shelter. While the child is under care for this twenty-four hour period in a designated foster home the local department of social services may provide for the routine needs of the child. Upon expiration of the twenty-four hour period during which the child awaits placement and where there is no alternative placement determined by law enforcement to be available under this subsection, the law enforcement officer shall take protective custody of the child as a dependent child or as a suspected abused and neglected child and shall comply with all other provisions of this section. Law enforcement and the South Carolina Department of Social Services jointly shall develop uniform procedures to ensure the orderly implementation of the requirements of this subsection, and those procedures must be submitted to the joint legislative committee on children within sixty days of this subsection's effective date."
SECTION 3. Section 20-7-610(D) of the 1976 Code, as last amended by Act 546 of 1988, is further amended to read:
"(D) The local child protective service agency, upon the notification, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The agency then shall initiate a removal proceeding pursuant to Section 20-7-736 on or before the next working day in the appropriate family court. Upon a determination by the agency before the pretrial hearing that the basis of the report of abuse or neglect is unfounded, the agency may return place temporary physical custody of the child to with the parent, parents or, guardian, after consultation with the circuit solicitor, immediate family member, or relative, with the agency retaining legal custody pending the pretrial hearing. When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the agency shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative. The family court shall schedule a pretrial hearing to be held within ten days of the initiation of the proceedings, unless the tenth day falls upon a Saturday, Sunday, or holiday, in which case then the pretrial hearing must be held no later than the next working day. If there is no term of court in the county when the pretrial hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, then the pretrial hearing must be heard in another court in an adjoining circuit. At the pretrial hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall conduct a prima facie review of any emergency action taken or initiated in behalf of the child. At the pretrial hearing, the respondents have the right to may submit affidavits as to any facts which are alleged to form the basis of the removal and to cross-examine the agency's witnesses as to whether there existed probable cause to effect emergency removal. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within forty days of the date of receipt of the removal petition."
SECTION 4. This act takes effect upon approval by the Governor./
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.
Rep. SHARPE moved that the House do now adjourn, which was adopted by a division vote of 52 to 45.
The Senate returned to the House with concurrence the following:
H. 3197 -- Rep. Lanford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME THE BRIDGE PRESENTLY CALLED THE "COOPER BRIDGE" IN THE CRESCENT COMMUNITY OF SPARTANBURG COUNTY THE "DeYOUNG BRIDGE".
H. 4911 -- Reps. Cork, Taylor, Wright, Smith, Altman, Sharpe, Sheheen, Fant, Derrick, Winstead, Rama, Sturkie, Mappus, Harrison, J. Bailey, White, Kirsh, Holt, Tucker, McAbee, Foster, Klapman, Nettles, Boan, Keyserling, McTeer, Gregory, Wilkins, Haskins, Fair, Simpson, Keegan, J. Harris, Wilder, Barber, Wells, Blanding, Hallman, Beasley, Vaughn, Snow, L. Martin, Stoddard, G. Bailey, Wofford, Bennett, H. Brown, M.O. Alexander, McLellan, T.C. Alexander, Gordon, Cooper, Moss, Manly, Baxley, Corbett, Ferguson, T.M. Burriss, K. Bailey, Baker, Barfield, Blackwell, G. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, Carnell, Chamblee, Clyborne, Cole, Corning, Davenport, Elliott, Faber, Farr, Felder, Gentry, Glover, P. Harris, Harvin, Harwell, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keesley, Kinon, Kohn, Koon, Lanford, Limehouse, Littlejohn, D. Martin, Mattos, McBride, McCain, McEachin, McElveen, McGinnis, McKay, Neilson, Nesbitt, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Short, Townsend, Waites, Waldrop, Washington, Whipper, Wilkes, D. Williams, J. Williams and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE I-95 - U. S. ROUTE 278 CONNECTOR AND U. S. ROUTE 278 FROM THE I-95 CONNECTOR TO THE KARL BOWERS BRIDGE IN BEAUFORT COUNTY THE "BILL CORK MEMORIAL HIGHWAY".
H. 5086 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. GEORGE HIGH SCHOOL VARSITY BASKETBALL TEAM IN DORCHESTER COUNTY UPON WINNING THE 1989-90 BOYS' CLASS A STATE CHAMPIONSHIP.
H. 5087 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY BOYS' HIGH SCHOOL BASKETBALL TEAM UPON WINNING THE 1989-90 BOYS CLASS AA STATE CHAMPIONSHIP.
H. 5088 -- Reps. K. Bailey, Bennett, Felder and McCain: A CONCURRENT RESOLUTION TO CONGRATULATE SHARON A. MAXWELL OF WILLIAMSBURG COUNTY UPON BEING SELECTED THE OUTSTANDING MILITARY SCIENCE IV WOMAN CADET IN THE UNITED STATES ARMY FIRST REGION AND PRESENTED THE PALLAS ATHENE AWARD.
At 12:05 P.M. the House in accordance with the motion of Rep. SHARPE adjourned to meet at 10:00 A.M. tomorrow.
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