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:
Good and gracious God, grant that we might meet today's tasks with a firm faith in Your sustaining presence. Help us, we pray, to develop within our minds nobler thoughts and within our hearts a more compassionate concern. Grant us the ability to make wise decisions and to take sound actions. Keep us moving in the direction of what is right and true; and with integrity and courage may we take our stand, cast our votes and live our lives. May we struggle for the right without offense, for the good without faltering, and when we win to do so without arrogance.
Give us the assurance of Your holy Word: "The eternal God is Your Refuge and Strength and underneath are the everlasting arms (Deuteronomy 33:27). 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.
TO: The Clerk of the Senate
The Clerk of the House
FROM: John I. Rogers, III,
Chairman, Judicial
Screening Committee
DATE: May 17, l990
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
John I. Rogers,III
Chairman
/s/ Sen. Thomas H. Pope, Vice-Chairman
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Rep. Larry E. Gentry
/s/ Rep. Daniel E. Martin, Sr.
/s/ Rep. D. Malloy McEachin, Jr.
Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. Our role is that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.
There is one candidate for the position of Judge of the Circuit Court, At Large Seat #3, to fill the unexpired term of Judge James M. Morris, who is retiring effective September 30, 1990.
Having completed the investigation as required by the Act, the Committee by this report respectfully submits its findings to the members of the General Assembly for their consideration.
The Report consists of the transcripts of the proceedings before the Screening Committee, held at the State House on May 8, 1990, and the portions of the documents submitted by the candidate which were made part of the public record. The candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference, including one from the candidate's banker, and was subject to a background investigation by SLED. Those documents may be viewed in the office of the Judicial Screening Committee in 402B Blatt Building until the date and time of the election.
The candidate appeared at the screening and testified under oath.
REPRESENTATIVE ROGERS: I WILL CALL THIS MEETING OF THE SCREENING COMMITTEE TO ORDER. WE ARE HERE FOR THE PURPOSE OF SCREENING MALCOLM DUANE SHULER FOR A CIRCUIT COURT JUDGESHIP, HE BEING THE ONLY APPLICANT. THE COMMITTEE IS IN SESSION. WE HAVE THREE MEMBERS OF THE HOUSE; SENATOR MCCONNELL AND SENATOR MCCONNELL HAS THE PROXY OF SENATOR POPE, SO THAT WE HAVE THE NECESSARY MEMBERS PRESENT TO PROCEED. MR. SHULER, WILL YOU COME FORWARD AND BE SWORN, PLEASE, SIR.
(M. DUANE SHULER, CANDIDATE FOR JUDGESHIP OF THE CIRCUIT COURT, AT LARGE, SEAT NO. 3, WAS DULY SWORN BY REPRESENTATIVE ROGERS.)
REPRESENTATIVE ROGERS: PLEASE, ANSWER ANY QUESTIONS COUNSEL MAY HAVE.
Q. MR. SHULER, DID YOU HAVE AN OPPORTUNITY TO LOOK OVER THE SUMMARY OF THE QUESTIONNAIRE THAT YOU FILLED OUT FOR US?
A. YES, SIR, I DID.
Q. DID YOU FIND ANYTHING ON THAT THAT NEEDS TO BE CLEARED UP OR CLARIFIED OR CORRECTED?
A. NO, SIR.
Q. ALL RIGHT, SIR, IF THERE IS NO OBJECTION, THAT WILL BE MADE A PART OF THE RECORD THEN.
1. Malcolm Duane Shuler
Home Address: Business Address:
Rt. 2 Box 29 #2 Courthouse Square
Kingstree, SC 29556 Kingstree, SC 29556
2. He was born in Kingstree, South Carolina on May 9, 1948.
Social Security Number: ***-**-*****
4. He was married to Glenda Brown Shuler on June 6, 1970. They have two children: Jonathan Duane, age 17 and Elizabeth Brown, age 14.
5. Military Service: None.
6. He attended Clemson University from 1966-70, earning a B.A. degree. He earned a JD degree from USC School of Law in 1973 (1970-73).
8. He has attended the required CLE Seminars, Seminars relative to criminal defense, and more recently attended the Solicitors' Conference (1988,1989).
12. Legal Experience since graduation from law school:
General practice with emphasis on insurance
Tort claims, real estate, criminal practice.
1973-1979 Town Recorder
1980-1988 Public Defender
1988-now Assistant Solicitor
14. Frequency of appearances in court:
Federal - infrequent
State - very frequent
Other - Bankruptcy, Industrial Commission -- occasionally
15. Percentage of litigation:
Civil: 60% Criminal: 25% Domestic: 15%
16. Percentage of cases in trial courts:
Jury: 70% Non-Jury: 30%
Tried numerous cases as sole counsel, but has associated or been associated in approximately 40% of cases tried. A number of civil cases were tried with partner. Criminal cases were tried as co-public defender.
17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State v. Clifton McKnight. 291 SC 110 (1987), 255 SE 2d 471, through appellate process. Significant recent decision regarding search and seizure.
(b) State v. Nathaniel Williams. 90-MO-045 (recent cite), through trial court. Significant death penalty matter. (Associated with other attorneys.)
(c) State v. Eddie Dean Wilson. Death Penalty. (Associated with other attorneys.)
(d) State v. Benadad White. Through trial prosecution of local drug dealer.
(e) State v. Robert Gamble. Through trial prosecution of murderer.
18. Civil appeals:
(a) Travelers Insurance Co., and Aetna Insurance Co. vs. John David Floyd and J. D. Floyd. Defense through trial court and Fourth Circuit Court of Appeals, #86-3859 (1987). Declaratory Judgment Action with Counter claim (Associated with other attorneys.)
(b) Harry J. Norwood, Deceased Employee, Sandra G. Norwood vs. American Tobacco Company, Employer, and Liberty Mutual Insurance Company, Carrier, and Michelle Denise Lowder, G.A.L. for Josephine Marie Lowder, a Minor. S.C. Court of Appeals, Opinion No. 1224, October 24, 1988.
(c) Carl P. Baker vs. Coastal States Life Insurance Company. S.C. Supreme Court Memorandum No. 85-MO-55, filed March 20, 1985.
(d) Orie Grannison vs. Toney Graham, Jr., M.D. S.C. Supreme Court Case No. 88-CP-21-738, in process.
(e) Janie Scott, et al. vs. G. B. Boyle. citation unknown. S.C. Supreme Court -- tax title.
20. Judicial Office: From l973-79 he was City Recorder of the City of Kingstree, SC.
27. He is unaware of any potential conflict of interest. He owns beach property with law partner, which, if necessary, he would convey interest in to third person.
33. Health is excellent. He has never had a complete physical.
39. Bar and professional organizations: South Carolina Bar Association.
40. Civic, charitable, religious, educational, social, and fraternal organizations: Board of Deacons, Williamsburg Presbyterian Church; Session, Williamsburg Presbyterian Church; Member, State Advisory Board for the SC Aquarium, Marine Science Museum.
42. Five letters of reference:
(a) Robert L. Arnette, President
Exchange Bank of Kingstree
P.O. Box 1087, Kingstree SC 29556
(b) Leonard B. Burgess, Esquire
201 Short St., Kingstree SC 29556
(c) Elizabeth D. Cottingham
P.O. Box 254, Kingstree, SC 29556
(d) G. Wells Dickson, Jr., Esquire
P.O. Box 819, Kingstree, SC 29556
(e) David C. Kennedy, Minister
512 Live Oak Avenue, Kingstree, SC 29556
(f) Williamsburg County Bar Association
Q. WE CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND FOUND THAT THERE WERE NO COMPLAINTS OR CHARGES FILED AGAINST YOU WHILE PRACTICING LAW. YOUR DRIVING RECORD WAS CHECKED AND WAS FOUND TO BE CLEAR, AS WELL AS THE RECORDS OF THE WILLIAMSBURG COUNTY SHERIFF'S OFFICE AND THE KINGSTREE CITY POLICE DEPARTMENT. THE SLED CRIMINAL RECORDS WERE CHECKED, AS WELL, AND THERE WERE NO RECORDS FOUND IN YOUR NAME. THE FINGERPRINT CARD WAS SENT TO THE F.B.I. AND WE HAVE NO RESPONSE FROM THE F.B.I. YET. WE WILL NOTIFY YOU IF THERE IS ANY PROBLEM WITH THAT, BUT WE DON'T FORESEE THAT. AND IN CHECKING FOR JUDGMENTS AND LAWSUITS IN YOUR NAME, THE RECORDS OF WILLIAMSBURG COUNTY WERE CHECKED, AS WELL AS THE FEDERAL COURTS OF THIS STATE, AND NO ENTRIES WITH YOUR NAME APPEARED. AS FAR AS FINANCIAL INFORMATION, YOU SUBMITTED A STATEMENT OF ECONOMIC INTEREST WHICH SHOWED NO CONFLICTING INTERESTS ON YOUR PART, AND YOUR FINANCIAL NET WORTH STATEMENT WAS ALSO INCLUDED IN THAT. AND YOUR CREDIT REPORT, CREDIT BEING REPORTED AS GOOD. YOU REPORTED YOUR HEALTH AS BEING EXCELLENT, ALTHOUGH YOU HAVE NEVER HAD A PHYSICAL, A COMPLETE PHYSICAL. I NOTED ON THAT THAT YOU WILL BE 42 TOMORROW AND I WISH YOU A HAPPY BIRTHDAY.
A. THANK YOU.
Q. AS FAR AS WORK EXPERIENCE, YOU WERE ADMITTED TO PRACTICE IN 1973; IS THAT CORRECT?
A. THAT'S CORRECT.
Q. AND FROM '73 TO 1979 YOU WERE THE CITY RECORDER FOR KINGSTREE?
A. CORRECT.
Q. FROM '80 TO '88 YOU WORKED AS THE PUBLIC DEFENDER?
A. CO-PUBLIC DEFENDER. THERE WERE TWO OF US.
Q. ALL RIGHT, SIR, AND SINCE 1988 YOU HAVE BEEN AN ASSISTANT SOLICITOR.
A. THAT'S RIGHT.
Q. YOU HAVE APPLIED FOR THE AT-LARGE CIRCUIT COURT SEAT NUMBER 3. YOU HAVE NEVER BEEN THROUGH SCREENING BEFORE FOR ANY OTHER JUDICIAL SEAT, HAVE YOU?
A. NO, SIR.
Q. ALL RIGHT; I BELIEVE YOU NOTED THAT ABOUT 60 PERCENT OF YOUR TRIAL EXPERIENCE HAS BEEN CIVIL, 25 PERCENT CRIMINAL, AND ABOUT 15 PERCENT FAMILY; IS THAT ACCURATE?
A. THAT IS PRETTY ACCURATE.
Q. ALL RIGHT, SIR. THERE HAVE BEEN NO COMPLAINTS SUBMITTED NOR ARE THERE ANY WITNESSES HERE TO TESTIFY TODAY IN REGARD TO YOUR APPLICATION FOR THE SEAT. IS THERE ANY STATEMENT THAT YOU WOULD LIKE TO MAKE TO THE COMMITTEE OR ANYTHING THAT YOU WOULD LIKE TO COVER THAT MIGHT NOT HAVE APPEARED IN YOUR QUESTIONNAIRE?
A. MR. BATES, I DON'T REALLY KNOW OF ANYTHING BUT THE ONE THING AND I SORT OF HESITATE TO BRING IT UP BUT I DO, THE BOARD OF GRIEVANCES AND DISCIPLINE, OF COURSE, SHOWS THAT THERE WERE NO COMPLAINTS AND WHEN I FILLED OUT THE INITIAL FORM, I PUT ON THERE THAT A COMPLAINT HAD BEEN FILED, ALTHOUGH IT WAS PROPERLY NOT A FORMAL COMPLAINT BUT A LETTER HAD BEEN WRITTEN AND I SURE WANT TO CLARIFY THAT FOR YOU EVEN THOUGH THEY SENT A CLEAR BILL AND MAYBE THEIR RECORDS ARE CLEAR BUT THERE WAS A LETTER SENT SOME SEVERAL YEARS AGO ON MY PARTNER AND MYSELF. AND, OF COURSE, WE WROTE A LETTER OF EXPLANATION AND IT WAS SUMMARILY DISMISSED AT THAT TIME BUT THAT IS THE ONLY THING THAT I KNOW OF.
Q. ALL RIGHT, SIR. FOR THE BENEFIT OF THE OTHER MEMBERS OF THE COMMITTEE, ON MR. SHULER'S APPLICATION HE DID POINT OUT THAT THERE HAD BEEN A LETTER WRITTEN AS FAR AS A COMPLAINT SENT BUT THERE WERE NEVER ANY FORMAL CHARGES OR ANYTHING OF THAT MATTER AND THERE APPEARED TO BE NOTHING OF SUBSTANCE TO THE CHARGES. MR. CHAIRMAN, IF ANY MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS.
REPRESENTATIVE ROGERS: MR. GENTRY.
Q. MR. SHULER, I COULDN'T HELP BUT NOTICE IN LOOKING AT YOUR RESUME THAT I THINK YOU HAVE A VERY ACTIVE PRACTICE, OF COURSE, BACK IN KINGSTREE.
A. YES.
Q. I JUST WANT TO KNOW WHY YOU WANT TO BE A JUDGE AS OPPOSED TO PRACTICING LAW.
A. WELL,---
Q. OF COURSE, YOU HAVE A GOOD PRACTICE; I CAN TELL THAT BY LOOKING AT YOUR RESUME.
A. I DON'T KNOW, IN WILLIAMSBURG COUNTY THERE IS NOT TOO MUCH MONEY TO BE MADE IN WILLIAMSBURG COUNTY BUT I HAVE REALLY ENJOYED AND I'VE SORT OF BEEN VERY FORTUNATE TO BE ON BOTH ENDS OF THE SPECTRUM AND THEN THE CRIMINAL SIDE OF IT AND SO FORTH AND I'VE DEFENDED AND FOR THE MOST PART HAVE BEEN A PLAINTIFF'S LAWYER ON THE CIVIL SIDE, BUT I HAVE DEFENDED AS WELL; AND I FEEL LIKE I HAVE JUST HAD THAT OVERALL BACKGROUND AND WHEN I UNDERSTOOD THAT JUDGE MORRIS WAS GOING TO RETIRE, I JUST GOT THINKING ABOUT IT AND HAD PEOPLE ENCOURAGE ME TO DO IT. I GAVE AN AWFUL LOT OF THOUGHT TO IT, TO TELL YOU THE TRUTH. IT'S NOT SOMETHING THAT I HAVE EVER REALLY ASPIRED TO DO UNTIL JUST RECENTLY. I REALLY HAD NEVER CONSIDERED IT AND THEN---
Q. WELL, YOU WILL BE TAKING A CUT, I IMAGINE, IN SALARY?
A. WELL, NO, I WON'T SAY THAT. BUT ONCE IT BECAME OR LOOKED LIKE IT WAS AVAILABLE, I JUST FELT LIKE, WELL, MAYBE I'M BEING LED IN THIS DIRECTION AND---
Q. SORT OF LIKE A NEW CHALLENGE FOR YOU, I GUESS?
A. I REALLY THINK IT WILL BE A TREMENDOUS CHALLENGE AND I REALLY LOOK FORWARD TO THAT.
REPRESENTATIVE ROGERS: ANY OTHER MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS?
SENATOR MCCONNELL: MR. CHAIRMAN, I HAVE ONE.
Q. MR. SHULER, JUST FOR THE RECORD COULD YOU GIVE ME YOUR IMPRESSION OF WHAT YOU CONSIDER TO BE THE JUDICIAL TEMPERMENT OR GOOD JUDICIAL TERMPERAMENT, LET ME PHRASE THE QUESTION.
A. WELL, IT MIGHT BE BETTER TO TELL YOU WHAT ISN'T GOOD JUDICIAL TEMPERMENT.
Q. EITHER WAY.
A. I THINK A JUDGE WITH GOOD JUDICIAL TEMPERMENT IS WILLING TO SIT AND LISTEN, NUMBER ONE, AND LET LAWYERS BE LAWYERS AND TO NOT MAKE QUICK JUDGMENTS; ALTHOUGH, OF COURSE, WHEN YOU MAKE A JUDGMENT, YOU WANT IT TO BE STRONG AND I SUPPOSE UNWAVERING BUT AT THE SAME TIME, I THINK YOU OUGHT TO SIT BACK AND LISTEN AND LET THE LAWYERS BE LAWYERS AND HEAR BOTH SIDES OF IT AND IF YOU HAVE A PROBLEM WITH IT, OF COURSE, TAKE YOUR TIME AND DECIDE IT. THE IDEA OF WHEN I FIRST STARTED, WE SET OUR OWN ROSTER AND, OF COURSE, NOW EVERYTHING HAS CHANGED. IT'S TOTALLY DIFFERENT FROM HOW IT WAS AND I WISH WE COULD GO BACK, BUT I KNOW WE CAN'T; BUT THE IDEA OF CONSTANTLY HAVING LAWYERS COME IN AND MANEUVERING THEM AROUND AND GIVING THEM A HARD TIME, TO ME, DOESN'T SHOW VERY GOOD JUDICIAL TEMPERMENT. AT THE SAME TIME THERE'S GOT TO BE SOME--AND I REALIZE THAT WITH THE CASE LOAD, THERE HAS GOT TO BE SOME HEAVY-HANDEDNESS, I SUPPOSE, OR EVEN-HANDEDNESS MAYBE, IN GETTING THE CASES DISPOSED OF. BUT BY AND LARGE, I THINK JUST A JUDGE WHO IS WILLING TO LISTEN AND UNDERSTAND AND SOMEONE WHO HAS A SENSE OF HUMOR, SOMEONE WHO IS NOT ALWAYS IN THE BOOKS BUT WHO ENJOYS PEOPLE, MEETS PEOPLE, ENJOYS GOOD LAWYERS. AND I CAN HONESTLY SAY, I REALLY ENJOY TRYING CASES AGAINST GOOD LAWYERS. IT'S MORE FUN TO TRY ONE AGAINST A GOOD LAWYER THAN IT IS ONE WHO MAYBE ISN'T QUITE AS, YOU KNOW.
Q. THANK YOU, SIR.
REPRESENTATIVE ROGERS: ANY OTHER MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS?
REPRESENTATIVE ROGERS: MR. SHULER, THE ONLY COMMENT I WOULD MAKE TO YOU IS THAT COUNSEL SAID WE WOULD PLACE IN THE RECORD THE PERSONAL DATA SUMMARY; WE WILL NOT PUT IN THE RECORD YOUR FINANCIAL STATEMENT. THAT IS CONFIDENTIAL. WE WILL NOT BE ABLE TO CONCLUDE OUR CONSIDERATION OF YOU UNTIL WE GET ONE MORE SENATOR AND AS SOON AS WE CAN DO THAT, WE WILL MEET IN EXECUTIVE SESSION. WE HAVE TO HAVE THREE SENATORS.
MS. KINARD: WOULD YOU LIKE FOR ME TO TRY AND REACH SENATOR LOURIE BY PHONE AND GET A VERBAL PROXY?
REPRESENTATIVE ROGERS: WHY DON'T YOU DO THAT.
MS. KINARD: ALL RIGHT.
REPRESENTATIVE ROGERS: LET ME TELL YOU THAT WE ARE IMPRESSED WITH YOUR BACKGROUND AND WE KNOW THAT BARRING SOMETHING MOST UNUSUAL, YOU WILL RISE TO THE BENCH. I THINK THAT IF YOU WILL TAKE TO THE BENCH THE ATTITUDE THAT YOU HAVE DISPLAYED TO US, YOU WILL BE A CREDIT TO THE JUDICIARY OF OUR STATE.
MR. SHULER: THANK YOU, SIR.
REPRESENTATIVE ROGERS: AS SOON AS WE CAN GATHER OUR NUMBERS, WE WILL TRY TO COMPLETE THIS MATTER. WE WILL STAND AT RECESS.
SENATOR MCCONNELL: I WOULD MOVE BY UNANIMOUS CONSENT THAT YOU BE ALLOWED TO TAKE A VOTE FROM THE REST OF US AND THAT YOU BE ALLOWED TO RECEIVE HIS VOTE VIA TELEPHONIC COMMUNICATION.
REPRESENTATIVE MARTIN: SECONDED.
REPRESENTATIVE ROGERS: IF YOU ALL WOULD EXCUSE US.
The Judicial Screening Committee has investigated the qualifications of the candidate, Malcolm Duane Shuler, and finds him to be qualified to seek election to the unexpired term on the Circuit Court, At Large Seat No. 3.
Respectfully submitted,
John I. Rogers, III, Chairman
/s/ Sen. Thomas H. Pope, III
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Rep. Larry E. Gentry
/s/ Rep. Daniel E. Martin, Sr.
/s/ Rep. D. Malloy McEachin, Jr.
On motion of Rep. J. ROGERS, the Report was ordered printed in the Journal.
The following was received.
Columbia, S.C., May 16, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1465:
S. 1465 -- Senators Peeler, Hinds and McGill: A BILL TO AMEND SECTIONS 46-13-60 AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, ADD THREE MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, AND CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1207:
S. 1207 -- Senator McGill: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWELVE MONTHS AFTER AN ELECTION ON THE SAME QUESTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 139:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1275:
S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1496:
S. 1496 -- General Committee: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5076 -- Reps. Tucker, Quinn, Fant, Townsend, Kay, P. Harris, Hendricks, Beasley, Cooper, T.M. Burriss, Chamblee, Simpson, L. Martin, McLellan, Mattos, Harrison, Limehouse, Rama, Corbett, G. Bailey, Farr, Haskins, Vaughn, T.C. Alexander, Phillips, McAbee, Wright and Carnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY NAME THE BASEBALL FIELD AT THE UNIVERSITY BILL WILHELM FIELD.
Ordered for consideration tomorrow.
The following was introduced:
H. 5123 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION COMMENDING LEMIRA ELEMENTARY SCHOOL, SUMTER COUNTY, FOR BEING NAMED A NATIONAL SCHOOL OF EXCELLENCE BY THE UNITED STATES DEPARTMENT OF EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5124 -- Rep. Farr: A CONCURRENT RESOLUTION COMMENDING E. BRUCE MORGAN FOR HIS OUTSTANDING SERVICE AS UNION COUNTY SUPERVISOR AND THANKING HIM FOR HIS MANY CONTRIBUTIONS TO GOOD GOVERNMENT AND EXCELLENCE IN PUBLIC SERVICE IN UNION COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5125 -- Reps. Felder and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF O. ALEX HICKLIN, JR., OF CALHOUN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1601 -- Senators Patterson, Fielding, Gilbert, Matthews and Mitchell: A CONCURRENT RESOLUTION TO WELCOME BISHOP ABEL T. MUZOREWA OF THE ZIMBABWE AREA AFRICA CENTRAL CONFERENCE FOR THE UNITED METHODIST CHURCH ON HIS VISIT TO SOUTH CAROLINA AND TO COMMEND HIM IN HIS EFFORTS TO PROMOTE THE AFRICA UNIVERSITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. J. ROGERS, with unanimous the following was taken up for immediate consideration:
S. 1602 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JAMES M. MORRIS, AT-LARGE CIRCUIT COURT JUDGE, SEAT NO.3, WHO IS RETIRING EFFECTIVE SEPTEMBER 30, 1990.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives on May 30, 1990, at 12:00 noon for the purpose of electing a successor to fill the remainder of the unexpired term of the Honorable James M. Morris, at-large circuit court judge, Seat No. 3, who is retiring effective September 30, 1990.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5126 -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-85 SO AS TO PROHIBIT PERSONNEL ACTION AGAINST AN EMPLOYEE FOR THE USE OF TOBACCO PRODUCTS.
Rep. RHOAD asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5127 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5128 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANDRUM SPORTS ASSOCIATION, INC., IN SPARTANBURG COUNTY.
On motion of Rep. BRUCE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5129 -- Rep. Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN PHOTOGRAPHIC LABORATORY, INC., IN DARLINGTON COUNTY.
On motion of Rep. NEILSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 5127 be read the second time tomorrow.
On motion of Rep. BRUCE, with unanimous consent, it was ordered that H. 5128 be read the second time tomorrow.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 5129 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on Thursday, May 17, 1990.
Theodore T. Mappus Richard M. Quinn C. Lenoir Sturkie Larry E. Gentry George H. Bailey Samuel R. Foster Roland S. Corning C. Alex Harvin III
DOCTOR OF THE DAY
Announcement was made that Dr. James Dickson of Columbia is the Doctor of the Day for the General Assembly.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1549 -- Senator Matthews: A BILL TO AUTHORIZE SCHOOL DISTRICTS 3 AND 8 OF ORANGEBURG COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
S. 1578 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW MEMORIAL FOUNDATION, INC., IN HORRY COUNTY AND TO REPEAL AN ACT OF 1990 WHICH RESTORED THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
The following Bill was taken up.
H. 5083 -- Reps. P. Harris, T.C. Alexander, Cooper, McLellan and Tucker: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.
Reps. TOWNSEND, CHAMBLEE and COOPER proposed the following Amendment No. 1 (Doc. No. 1592o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3, page 3, beginning on line 5, and inserting:
/SECTION 3. If an election is not held pursuant to this act in 1990, the members of the Anderson County Board of Education provided for in this act must be elected in the 1992 general election, and the current members of the board continue to serve until the new members are elected and qualify.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TUCKER, with unanimous consent, it was ordered that H. 5083 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5122 -- Rep. Washington: A BILL TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.
S. 1555 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5098 -- Rep. G. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC. OF BISHOPVILLE, S. C. IN LEE COUNTY.
S. 793 -- Senator Hinds: A BILL TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.
H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.
H. 4945 -- Rep. Winstead: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.
S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. WASHINGTON, with unanimous consent, it was ordered that H. 5122 be read the third time tomorrow.
On motion of Rep. BENNETT, with unanimous consent, it was ordered that S. 1555 be read the third time tomorrow.
On motion of Rep. G. BROWN, with unanimous consent, it was ordered that H. 5098 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that S. 793 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4980 be read the third time tomorrow.
On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that H. 4945 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4401 -- Rep. Washington: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SEVERAL SCHOOL DISTRICTS OF THIS STATE, WHO ARE NOT POPULARLY ELECTED, MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD IN THE MANNER STIPULATED BY THE PROVISIONS OF THIS ACT.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.
Rep. MCLEOD proposed the following Amendment No. 9 (Doc. No. 1591o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 44-53-530(a) of the 1976 Code is amended to read:
"Section 44-53-530. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in the seizure.
Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to which law enforcement agency initiated the seizure, this issue must be determined by the judge. If any property seized is a conveyance or equipment, the judge may determine all other issues concerning interests in and disposition of the property before him. If any property seized is not a conveyance or equipment, disposition must be made pursuant to subsection (b) of this section; however, disposition of monies, negotiable instruments, and securities must be made pursuant to subsection (c) of this section. The law enforcement agency initiating the seizure of a conveyance or equipment may request the court to have the property transferred to the law enforcement agency upon a showing of need. Property transferred to the agency may not be used to supplant operating funds within the law enforcement agency's current or future budgets. Any expenditure of the proceeds from the sale of the property by a law enforcement agency for an item that would have a recurring expense to the governing body must be approved by the governing body prior to the purchase. If the seizing agency does not request transfer, any other appropriate agency may request transfer upon a showing of need.
Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues. Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the attorney general or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure unless there is good cause for delay and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in the seizure.
Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
If the judge determines that there exists probable cause that the property is subject to forfeiture, the court shall order the forfeiture confirmed unless one or more of the persons with an interest in the property demonstrate by the preponderance of the evidence that the property is not subject to forfeiture. If the judge confirms forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to which the law enforcement agency initiated the seizure, this issue must be determined by the judge. If any property seized is a conveyance or equipment, the judge may determine all other issues concerning interests in and disposition of the property before him. If any property seized is not a conveyance or equipment, disposition must be made pursuant to subsection (b) of this section; however, disposition of monies, negotiable instruments, and securities must be made pursuant to subsection (c) of this section. The law enforcement agency initiating the seizure of a conveyance or equipment may request the court to have the property transferred to the law enforcement agency upon a showing of need. Property transferred to the agency may not be used to supplant operating funds within the law enforcement agency's current or future budgets. Any expenditure of the proceeds from the sale of the property by a law enforcement agency for an item that would have a recurring expense to the governing body must be approved by the governing body prior to the purchase. If the seizing agency does not request transfer, any other appropriate agency may request transfer upon a showing of need.
Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. WILKINS, with unanimous consent, it was ordered that H. 4572 be read the third time tomorrow.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 22, which was adopted.
S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Thursday, May 24, 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.
S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Rep. BENNETT moved to adjourn debate upon the Bill until Tuesday, May 22.
Rep. G. BROWN moved to table the motion, which was not agreed to by a division vote of 16 to 29.
The question then recurred to the motion to adjourn debate until Tuesday, May 22, which was agreed to.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Tuesday, May 22, which was adopted.
S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: 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.
S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.
Rep. LIMEHOUSE moved to continue the Bill, which was not agreed to.
Rep. LIMEHOUSE moved to adjourn debate upon the Bill until Thursday, May 31.
Rep. T.M. BURRISS moved to table the motion, which was agreed to.
Rep. MOSS proposed the following Amendment No. 1 (Doc. No. 0345l), which was adopted.
Amend the bill, as and if amended, by striking the word /circuit/ in Section 24-13-1590 so that the section reads:
"Section 24-13-1590. Nothing in this article diminishes any lawful authority of the circuit courts, the Department of Youth Services or the Board of Probation, Parole and Pardon Services to regulate or impose conditions for probation or parole."
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE spoke against the Bill.
Rep. CORBETT spoke in favor of the Bill.
Rep. LIMEHOUSE requested that the Bill be read.
The Reading Clerk read the Bill.
Reps. LIMEHOUSE and DERRICK objected to the Bill.
The Reading Clerk continued reading.
Rep. DAVENPORT objected to the Bill.
Rep. KOHN moved to adjourn debate upon the following Bill until Tuesday, May 22, which was adopted.
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.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
Rep. HASKINS 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.
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.
Rep. KIRSH spoke against granting free conference powers.
Rep. HASKINS spoke in favor of granting free conference powers.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Barber Barfield Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Cole Corbett Cork Elliott Fant Farr Felder Gentry Glover Hallman Harris, P. Harrison Haskins Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Kinon Klapman Koon Lanford Mappus Martin, L. Mattos McAbee McEachin McLellan Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Smith Snow Sturkie Vaughn Waites Waldrop Washington White Wilder Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Alexander, T.C. Baker Blanding Brown, G. Bruce Burch Chamblee Clyborne Cooper Davenport Faber Gordon Harris, J. Harwell Holt Jaskwhich Kay Keegan Keesley Kirsh Limehouse McBride McCain McGinnis McKay McLeod Townsend Tucker Whipper
So, having failed to receive the necessary vote, the request to grant free conference powers was rejected.
Rep. McLELLAN 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.
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
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, K. Baker Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, R. Bruce Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Davenport Felder Gentry Glover Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Koon Lanford Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sheheen Simpson Sturkie Townsend Tucker Waites Washington Wells Whipper White Wilder Wilkins Wofford Wright
Those who voted in the negative are:
Bailey, J. Barber Burriss, M.D. Rogers, T. Smith Vaughn
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. McLELLAN, R. BROWN and MAPPUS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, May 23, which was adopted.
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, May 22, which was adopted.
H. 4960 -- Reps. Neilson, Littlejohn, G. Brown, Wells, Holt, J. Bailey, Winstead, Waldrop, McKay, McGinnis, Beasley and Vaughn: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Rep. G. BAILEY moved to adjourn debate upon the following Bill until Tuesday, May 22, which was adopted.
S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.
Rep. G. BAILEY moved that when the House adjourns it adjourn in memory of Dr. J. Gavin Appleby, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 9, by the Committee on Ways and Means.
The amendment was then adopted.
Rep. BLACKWELL proposed the following Amendment No. 2 (Doc. No. 1577o), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, Section 44-95-170, as contained in SECTION 1, beginning on page 1182-56 and line 27, by striking subsection (I) in its entirety and inserting:
/(I) Subsection (H) does not apply to the following waste tire sites, provided the sites are maintained so as to prevent mosquitoes or other nuisances as determined by the department:
(1) a tire retailing business where less than one thousand waste tires are kept on the business premises;
(2) a tire retreading business where less than two thousand five hundred waste tires are kept on the business premises or a tire retreading facility that is affiliated with a company that manufactures tires in this State;
(3) a business that, in the ordinary course of business, removes tires from motor vehicles if less than one thousand of these tires are kept on the business premises;
(4) a permitted solid waste facility with less than two thousand five hundred waste tires; or
(5) a person using waste tires for agricultural purposes./
Renumber subsections to conform.
Amend title to conform.
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
Reps. SHARPE, SMITH and G. BAILEY proposed the following Amendment No. 3 (Doc. No. 1872X), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, in Section 44-95-170(L), as contained in SECTION 1, page 1182-57, by inserting after the period on line 31:
/A dealer is allowed a credit against the amount due the Tax Commission equal to one-half of the fee for each new tire sold by his business upon providing documentation acceptable to the commission that the scrap tires resulting from the sale have been disposed of in a certified tire disposal facility./
Amend title to conform.
Rep. SHARPE explained the amendment.
The SPEAKER granted Reps. M.O. ALEXANDER and BAXLEY a leave of absence for the remainder of the day.
Rep. SHARPE continued speaking.
Rep. McCAIN spoke against the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. SIMPSON proposed the following Amendment No. 4 (Doc. No. 3855U), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Title 44 of the 1976 Code is amended by adding:
Section 44-97-10. As used in this chapter:
( 1) 'Beverage' means beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.
( 2) 'Beverage container' means the individual, separate, 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 44-97-20. (A) Except as provided in subsection (B), every beverage container sold or offered for sale in this State has a refund value of not less than five cents.
(B) Every beverage container certified as provided in Section 44-97-60 sold or offered for sale in this State, has a refund value of not less than five cents.
Section 44-97-30. Except as provided in Section 44-97-40:
(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 44-97-20.
(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 44-97-20.
Section 44-97-40. (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 44-97-20.
(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 44-97-80.
Section 44-97-50. (A) Every beverage container sold or offered for sale in this State by a dealer clearly must indicate by embossing, a stamp, a label, or other method securely affixed to the 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 44-97-60. (A) To promote the use in this State of reusable beverage containers of uniform design and to facilitate the return of containers to manufacturers for reuse as a beverage container, the commission shall certify 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 44-97-70. (A) Unless an application for certification under Section 44-97-60 is denied by the commission within sixty days after the filing of the application, the beverage container is considered certified.
(B) The commission may review at any time certification of a beverage container. If after the review, with written notice and hearing afforded to the person who filed the application for certification under Section 44-97-60, the commission determines the container is no longer qualified for certification it shall withdraw certification.
(C) Withdrawal of certification is effective not less than thirty days after written notice to the person who filed the application for certification under Section 44-97-60 and to the manufacturers referred to in Section 44-97-60(B).
Section 44-97-80. (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 44-97-90. The commission may promulgate regulations to provide the procedures for certification or withdrawal provided for in this chapter.
Section 44-97-100. 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. SIMPSON explained the amendment.
Rep. G. BROWN spoke against the amendment.
Reps. WINSTEAD and SHARPE spoke against the amendment.
The SPEAKER granted Rep. McLELLAN a leave of absence for the remainder of the day.
Rep. SIMPSON spoke in favor of the amendment.
Rep. G. BROWN moved to table the amendment and demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 78 to 14.
I have consistently voted in favor of a bottle Bill, but after doing some research while working on this Bill, I have found that forced deposit laws and recycling as part of a solid waste management program have been found to be incompatible. I believe the 25% recycling goal in this Bill will be a more effective method of dealing with this problem.
Rep. C. WAITES
Rep. FELDER was recognized to speak on the Bill.
Rep. FELDER spoke against the Bill.
The SPEAKER granted Rep. SNOW a temporary leave of absence.
Rep. FELDER continued speaking.
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, K. Baker Barfield Bennett Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Cole Cooper Davenport Derrick Elliott Faber Fant Farr Foster Gordon Gregory Harris, P. Holt Jaskwhich Kay Kirsh Klapman Kohn Limehouse Martin, L. McAbee McGinnis McKay Neilson Nesbitt Phillips Rhoad Sharpe Simpson Snow Sturkie Townsend Tucker Vaughn Washington Whipper White Wilkes Winstead
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Blanding Boan Brown, G. Brown, H. Chamblee Clyborne Corbett Cork Fair Felder Gentry Glover Hallman Harrison Harwell Hayes Hendricks Hodges Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Koon Lanford Mappus Mattos McCain McEachin McElveen McLeod McTeer Nettles Quinn Rama Rogers, J. Rogers, T. Rudnick Sheheen Short Waites Wilder Wilkins Wofford Wright
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, Rep. FELDER having the floor speaking on the Bill.
The Senate returned to the House with concurrence the following:
H. 5123 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION COMMENDING LEMIRA ELEMENTARY SCHOOL, SUMTER COUNTY, FOR BEING NAMED A NATIONAL SCHOOL OF EXCELLENCE BY THE UNITED STATES DEPARTMENT OF EDUCATION.
H. 5124 -- Rep. Farr: A CONCURRENT RESOLUTION COMMENDING E. BRUCE MORGAN FOR HIS OUTSTANDING SERVICE AS UNION COUNTY SUPERVISOR AND THANKING HIM FOR HIS MANY CONTRIBUTIONS TO GOOD GOVERNMENT AND EXCELLENCE IN PUBLIC SERVICE IN UNION COUNTY.
H. 5125 -- Reps. Felder and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF O. ALEX HICKLIN, JR., OF CALHOUN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:00 Noon the House in accordance with the motion of Rep. G. BAILEY adjourned in memory of Dr. J. Gavin Appleby to meet at 10:00 A.M. tomorrow.
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