Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, enable us to hear clearly the words of the Psalmist: "The Lord will give strength unto His people. He will bless them with peace" (Psalm 29:11). We thank You for these moments of prayer when we lift our thoughts to You to Whom all hearts are open, all desires known, and from Whom no secrets are hidden. Cleanse the thoughts of our minds that we may follow You more fully and serve You more faithfully. Strengthen us as we carry demanding responsibilities, give us peace in the midst of persistent pressures, and amid the duties of this day give us the insight to think clearly and act courageously for the welfare of Your people.
Hear us, Lord, as we pray in faith and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was introduced:
H. 5139 -- Reps. Koon, Kinon, Derrick, Nesbitt, Kay, Smith, Stoddard, G. Bailey, Burch, Felder, Harrison, D. Williams, H. Brown, Phillips, Keesley, G. Brown, Klapman, McLeod, Rama, Barber, Holt, Hendricks, Cooper, Rhoad, Sharpe, Chamblee, P. Harris, Davenport, Neilson, Harwell, Simpson, Bruce, Carnell, Mappus, Hallman, Lanford, J. Harris and L. Martin: A CONCURRENT RESOLUTION REQUESTING THE STATE BUDGET AND CONTROL BOARD TO DISCONTINUE THE 'MEDICARE CARVE-OUT' APPROACH UNDER THE STATE HEALTH INSURANCE PROGRAM FOR RETIREES WHO ARE ELIGIBLE FOR MEDICARE AND TO IMPLEMENT INSTEAD A DIFFERENT METHOD OF COORDINATION OF BENEFITS WITH MEDICARE FOR THIS PARTICULAR GROUP OF RETIREES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5140 -- Reps. J.C. Johnson, McAbee, Carnell, Foster, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO RECOGNIZE MS. MARIA MCALISTER PYLES OF GREENWOOD UPON BEING NAMED THE 1990 DISTRICT 50 TEACHER OF THE YEAR AND THE 1990 SOUTH CAROLINA TEACHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cooper Corbett Cork Derrick Elliott Faber Fair Fant Farr Felder Foster Glover Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McLellan McLeod McTeer Moss Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Stoddard Taylor Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 23, 1990.
Steve Lanford Dave Waldrop Derham Cole Denny W. Neilson Michael Jaskwhich Irene K. Rudnick Malloy McEachin Larry Gentry Ken Bailey Grady Brown Roland S. Corning B.J. Gordon John Snow Thomas E. Huff Sarah G. Manly Woodrow McKay Ralph Davenport Rick Quinn Mickey Burriss C. Lenoir Sturkie Joseph McElveen Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER granted Rep. BAXLEY a leave of absence for the day.
The SPEAKER granted Reps. GREGORY, CLYBORNE and ALTMAN a leave of the House for a Conference Committee Meeting.
Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.
The following was received from the Senate.
Columbia, S.C., May 22, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1524:
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.
and asks for a Committee of Conference and has appointed Senators Saleeby, McConnell and Pope of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 101
Whereupon, the Chair appointed Reps. McEACHIN, WILKINS and GREGORY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5133 -- Anderson Delegation: A BILL TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.
H. 5138 -- Reps. Koon and Klapman: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE GILBERT-SUMMIT RURAL WATER DISTRICT.
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.
S. 1607 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STODDARD moved to adjourn debate upon the following Bill until Thursday, May 24, which was adopted.
S. 1603 -- Senator Bryan: A BILL TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
The following Bill was taken up.
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.
Reps. KIRSH, GREGORY and WASHINGTON objected to the Bill.
Rep. HAYES moved to adjourn debate upon the following Bill until the end of the uncontested Calendar, 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 the end of the uncontested Calendar, 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.
Rep. HALLMAN arose to a Point of Personal Privilege.
The following Bill was taken up.
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.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc. No. 1597o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ______. The 1976 Code is amended by adding:
"Section 38-77-585. Any insurer designated pursuant to Section 38-77-590(a) is entitled to appoint an officer or employee to the governing board of the Reinsurance Facility if not otherwise represented on the governing board pursuant to Section 38-77-580. Any member of the governing board representing an insurer so designated must abstain from casting a vote on any matter which would have a material effect on the operations of that insurer as it relates to the affairs of the insurer acting as a designated insurer for the Reinsurance Facility."/
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 3, which was adopted.
Amend the bill, as and if amended, by striking the word "insured" on line 33 of the Bill as amended and inserting the words "insured's automobile."
Amend to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. MOSS moved that when the House adjourns it adjourn in memory of Brunson Best, which was agreed to.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1500o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 58-23-1210 of the 1976 Code is amended to read:
"Section 58-23-1210. In counties containing a city having a population in excess of seventy thousand inhabitants according to the then most recent official United States census every taxi shall be licensed as such. The governing body of a county or city may license taxis only in the county or city where the taxi principally is operated at the time of application for a license. The owner of such a taxi or his agent shall annually during the month of July shall register such the taxi with the governing body of such the county or city and shall thereupon obtain from the governing body an application for such the license. Upon presentation of such the application, properly completed, to the governing body of the county or city and payment to the governing body of a license fee of two dollars, the governing body shall issue a license card or plate which shall must bear a number, indicate that the vehicle is a taxi, identify it by make, model, and number, and the name of the owner, and show the year for which the license is issued. Such The license card or plate shall must be affixed in the vehicle at such a place and in such a manner as to be readily seen readily."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Reps. McLEOD and FERGUSON proposed the following Amendment No. 2 (Doc. No. 1562o), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry Committee, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 58-23-1215. A person who provides transportation services in a private passenger motor vehicle or van for a specific group of people to a specific destination over a continuing period of time, where these transportation services are not available to the general public, is not considered to be operating a taxi within the meaning of this article."/
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
Rep. NEILSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. WALDROP moved to adjourn debate upon the following Bill until Thursday, May 24, which was adopted.
S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.
Rep. WALDROP moved to adjourn debate upon the following Bill until Thursday, May 24, which was adopted.
S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
The following Bill was taken up.
S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
Rep. WALDROP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1251 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
Rep. WALDROP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 1546 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS FOR SOUTH CAROLINA GENERAL HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALDROP made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 5132 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-585 SO AS TO PROVIDE THAT A DESIGNATED INSURER PRODUCER OF THE REINSURANCE FACILITY IS ENTITLED TO APPOINT ONE OF ITS OFFICERS OR EMPLOYEES TO THE GOVERNING BOARD OF THE FACILITY UNDER CERTAIN CONDITIONS.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. BEASLEY moved to adjourn debate upon the following Bill until Thursday, May 24, 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.
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 was received.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Act 108 of 1989, is further amended to read:
"The first twenty thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."
SECTION 2. The provisions of the first paragraph of Section 12-37-250, as amended by Section 1 of this act, are effective for tax years beginning after December 31, 1989.
SECTION 3. This act takes effect upon approval by the Governor./
/s/Alexander S. Macaulay /s/Pat Harris /s/Nell W. Smith /s/Dill Blackwell /s/Sam Stilwell /s/Lewis R. Vaughn On Part of the Senate On Part of the House
Rep. VAUGHN explained the Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 24.
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. 24, which was proposed on Tuesday, May 22, by Rep. McTEER.
Rep. McTEER explained the amendment.
Rep. McCAIN spoke against the amendment and moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
McCain
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Bennett Blackwell Blanding Brown, G. Brown, H. Brown, R. Bruce Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Cork Derrick Elliott Faber Farr Felder Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kirsh Klapman Koon Limehouse Littlejohn Mappus Martin, D. Martin, L. McAbee McBride McEachin McElveen McGinnis McLeod McTeer Neilson Nesbitt Phillips Rama Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkes Williams, J. Winstead Wofford Wright
So, the House refused to table the amendment.
Rep. LIMEHOUSE moved to commit the Bill to the Committee on Agriculture and Natural Resources.
Rep. WASHINGTON moved to table the motion to commit.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Baker Barber Barfield Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Burch Burriss, T.M. Corbett Cork Elliott Faber Fair Gentry Glover Gordon Hallman Harris, J. Harrison Haskins Hayes Hodges Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Koon Mappus Martin, D. Mattos McBride McCain McEachin McElveen McLeod McTeer Nesbitt Rama Rhoad Rogers, T. Rudnick Sheheen Smith Stoddard Vaughn Waites Washington Whipper Wilder Wilkins Williams, J. Winstead Wright
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Bruce Carnell Chamblee Cole Derrick Farr Felder Foster Gregory Harwell Holt Kay Kirsh Lanford Limehouse Littlejohn Martin, L. McAbee McGinnis Phillips Simpson Taylor Townsend Tucker Waldrop Wilkes Wofford
So, the motion was tabled.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. WAITES, BAXLEY, G. BROWN, and HARVIN proposed the following Amendment No. 25 (Doc. No. 1596o), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, in Section 44-95-290(E) of the 1976 Code by striking the fourth sentence of the subsection which begins on line 41 of page [1182-74] and inserting:
/In considering a demonstration of need from an applicant to construct a new or expanded facility prior to adoption and approval of county or regional solid waste plans as required by Section 44-95-80, the department shall consider the amount of waste generated in counties which adopt an ordinance or resolution pursuant to Section 44-55-1210 which identifies the facility as the recipient of such county's waste./
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. G. BROWN spoke in favor of the amendment.
The SPEAKER granted Rep. G. BAILEY a leave of absence until 3:00 to speak at an Awards Banquet.
Rep. G. BROWN continued speaking.
Rep. McTEER spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 72 to 15.
Rep. WILDER proposed the following Amendment No. 26 (Doc. No. 1928X), which was adopted.
Amend the report by the Committee on Ways and Means, as and if amended, in Section 44-95-330(B)(4)(c) of the 1976 Code, as contained in SECTION 1, page 1182-85, line 16, by striking /and/; in Section 44-95-330(B)(4)(d), page 1182-85, line 19, by striking /./ and inserting /; and/; and by inserting immediately after line 19:
/(e) within one thousand feet of an existing private residence./
Amend title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
Reps. CARNELL, and McABEE proposed the following Amendment No. 28 (Doc. No. 1603o), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, by striking Section 44-95-150 of the 1976 Code which begins on page 1182-41 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. T.C. ALEXANDER proposed the following Amendment No. 34 (Doc. No. 1938X), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, Section 44-95-80(M), as contained in SECTION 1, by striking item (1) and inserting:
/(1) Not later than ninety days after the date of enactment of this chapter, the governing body of a county may require the operator of a public or private solid waste disposal facility located in the county to impose a fee in an amount not to exceed five dollars per ton or an equivalent fee on solid waste disposed of or incinerated at that facility. Revenue generated by the additional fee must be used to fund solid waste management recycling or reduction services or programs. The additional fee must be remitted on a monthly basis to the governing body of the county where the waste was generated if a private entity operates the facility. Where a local government operates the facility, the fees must be remitted immediately to the local treasurer or designated office.
Fees imposed pursuant to this item are in addition to other fees imposed by the operator.
Fees imposed pursuant to this item may not be imposed on ash from the incineration of solid waste within the county./
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. T.C. ALEXANDER proposed the following Amendment No. 35 (Doc. No. 1937X), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, Section 44-95-80(M), as contained in SECTION 1, by striking item (1) and inserting:
/(1) Not later than ninety days after the date of enactment of this chapter, the operator of a public or private solid waste disposal facility shall impose a two dollars per ton or equivalent fee on all solid waste disposed of or incinerated at that facility. Revenue generated by this fee must be remitted on a quarterly basis to the department to be placed in the Solid Waste Management Trust Fund established in Section 44-95-120.
In addition, the governing body of the county may require the operator of a public or private solid waste disposal facility to impose a fee in an amount not to exceed three dollars per ton or an equivalent fee on solid waste disposed of or incinerated at that facility. Revenue generated by the additional fee must be used to fund solid waste management recycling or reduction services or programs throughout the county. The additional fee must be remitted on a monthly basis to the governing body of the county where the waste was generated if a private entity operates the facility. Where a local government operates the facility, the fees must be remitted immediately to the local treasurer or designated office.
Fees imposed pursuant to this item are in addition to other fees imposed by the operator.
Fees imposed pursuant to this item may not be imposed on ash from the incineration of solid waste within the county./
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. BURCH proposed the following Amendment No. 37 (Doc. No. 1610o), which was tabled.
Amend the bill, as and if amended, by deleting Section 44-95-170(D), as contained in SECTION 1, beginning on page 1182-54 and line 41.
Amend further by striking Section 44-95-170(L), as contained in SECTION 1, beginning on page 1182-57 and line 12, and inserting:
/(L) Ninety days after this chapter's effective date there is imposed a fee of two dollars for each new tire sold to the ultimate consumer, whether the tire is mounted by the seller or not. The wholesaler or retailer shall submit to the Tax Commission and to the South Carolina Department of Health and Environmental Control on a monthly basis a report containing the number of tires sold, the identity of the receiver, and the stated disposition intent of the receiver, including, but not limited to, recycling, energy recovery, and landfilling. The tire seller also shall remit to the Tax Commission ninety-four cents for each tire to be disposed of by recycling or for energy recovery and one dollar and ninety-four cents for each tire to be disposed of by landfilling. For those tires to be disposed of by recycling or for energy recovery, the tire seller shall remit one dollar to the receiver. The Tax Commission shall remit the monies to the Scrap Tire Waste Fund, which is established under the administration of the Department of Health and Environmental Control. Counties shall request allocations from this fund for the disposal of accumulated scrap tires based on need. the counties may receive these monies only for collection and disposal of scrap tires by recycling or for energy recovery. The General Assembly shall review the scrap tire disposal fee every five years./
Amend further, Section 44-95-170, as contained in section 1, page 1182-59, after line 31, by adding an appropriately lettered subsection to read:
/( ) Each scrap tire receiver shall submit to the South Carolina Department of Health and Environmental Control on a monthly basis a report containing the number of tires received and their source and disposition./
Reletter subsections to conform.
Amend title to conform.
Rep. BURCH explained the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to.
Rep. HALLMAN proposed the following Amendment No. 39 (Doc. No. 1945X), which was adopted.
Amend the report by the Committee on Ways and Means, as and if amended, in Section 44-95-80(M)(1) of the 1976 Code, as contained in SECTION 1, page 1182-29, lines 1 and 2, by striking /within the county/.
Amend title to conform.
Rep. HALLMAN explained the amendment.
Rep. WINSTEAD spoke against the amendment.
Rep. WOFFORD moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Williams, J. Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Bennett Blackwell Brown, G. Brown, R. Bruce Burch Carnell Chamblee Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Gentry Glover Gordon Gregory Hallman Harris, P. Harrison Harwell Haskins Hendricks Holt Huff Johnson, J.C. Kay Keegan Keesley Keyserling Kinon Kirsh Kohn Koon Mappus Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLeod Neilson Nesbitt Phillips Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Williams, D. Winstead Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 40 (Doc. No. 1981X), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, page 1182-52, by striking lines 24 through 37 and inserting:
/(W) Twelve months after imposition of the fee as provided in subsection (V), the Tax Commission shall determine the amount of fee necessary to generate two and one-half million dollars on an annual basis. The Tax Commission shall report its determination to the General Assembly and the General Assembly shall adjust the amount of the fee accordingly./
Reletter subsections to conform.
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING proposed the following Amendment No. 41 (Doc. No. 1979X), which was adopted.
Amend the bill, as and if amended, by striking Section 44-95-140(E)(3), as contained in SECTION 1, page 1182-41, beginning on line 37, and inserting:
/(3) the use of recycled glass aggregate or recycled plastic, or both, in asphalt or concrete; and/
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Reps. SHEHEEN and HALLMAN proposed the following Amendment No. 42 (Doc. No. 1982X), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. A. Title 44 of the 1976 Code is amended by adding:
Section 44-111-10. As used in this chapter:
(1) 'Hazardous waste' has the same meaning given in Section 44-56-20.
(2) 'Industrial waste' means solid waste that results from industrial or commercial processes including, but not limited to, factories, treatment plants, and repair and cleaning establishments.
(3) 'Infectious waste' has the same meaning given in Section 44-93-20.
(4) 'Solid waste' means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, agricultural operations and from community activities. This term does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials, in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations and materials from mining operations which are otherwise regulated by the State.
Section 44-111-20. When the laws of another state or the regulations or actions of a public official of another state subject or would subject the disposal of hazardous waste, infectious waste, industrial waste, or solid waste generated in South Carolina to fees, taxes, obligations, conditions, restrictions, or penalties for the privilege of disposal in that state which are greater than those required by this State for disposal in this State of hazardous waste, infectious waste, industrial waste, or solid waste generated in that state, disposal in South Carolina is subjected to the greater requirements which are or would be imposed by or in that state upon similar disposal in that state.
This section must be applied regardless of whether hazardous waste, infectious waste, industrial waste, or solid waste generated in this State is disposed of in that state. The application of this section is based upon a comparison of the aggregate requirements imposed by this State with the aggregate requirements imposed by the other state. Taxes, fees, or other obligations imposed by municipalities are considered in the application of this section.
Section 44-111-30. The fees and taxes referred to in this chapter must be collected by treatment, storage, and disposal facilities in South Carolina pursuant to regulations issued by the South Carolina Department of Health and Environmental Control and the South Carolina Tax Commission."
B. This section takes effect January 1, 1991./
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Reps. HODGES, GENTRY and BOAN proposed the following Amendment No. 44 (Doc. No. 1944X), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, Section 44-95-290, as contained in SECTION 1, by adding after subsection (E) on page 1182-75:
/(F) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility within one-fourth mile of the boundary of an adjoining county may be issued by the department without the consent of the governing body of the adjoining county./
Reletter to conform.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING proposed the following Amendment No. 46 (Doc. No. 1665o), which was adopted.
Amend the bill, as and if amended, Section 44-95-60(A), as contained in SECTION 1, page 1182-16, line 4, by striking /eighteen/ and inserting /twenty-one/.
Amend further, Section 44-95-110(C), as contained in SECTION 1, page 1182-35, line 11, by striking /six/ and inserting /nine/.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 47 (Doc. No. 1666o).
Amend the bill, as and if amended, Section 44-95-290(E), as contained in SECTION 1, page 1182-75, by striking line 10 and inserting /generated in South Carolina in the course of normal operations on/.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. McTEER spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. McELVEEN proposed the following Amendment No. 48.
Add at page 1182-73, line 3, the following:
"Permits shall be issued only to a unit or units of federal, state, and local government or to a unit or units of such government and an individual, corporation, company, association, partnership, or other legal entity."
Further, delete line 32 on page 1182-73 and replace with the following:
"(2) the fact that all permits are not transferable."
Rep. McELVEEN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. McELVEEN proposed the following Amendment No. 49), which was adopted.
Delete on page 1182-4, lines 19-23, the following:
"... which may include contracting with private entities to provide management services or operate management facilities on behalf of the county or municipality, when it is cost effective to do so."
Rep. McELVEEN explained the amendment.
The amendment was then adopted.
Rep. BAKER proposed the following Amendment No. 51 (Doc. No. 1987X).
Amend the amendment offered by Rep. McTeer, dated May 15, 1990, document number 1581o, designated as amendment number 24, by striking Section 44-93-210, as contained in the unnumbered section beginning on page 1, and inserting:
/Section 44-93-210. Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted infectious waste incinerator facility which handles infectious waste and municipal solid waste may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than seven hundred fifty tons.
(B) For purposes of this section, a permitted infectious waste incinerator facility means a site where municipal solid waste is disposed of and where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units.
(C) From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a permitted infectious waste incinerator facility in this State.
(D) The provisions of this section must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's degree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of this section which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable./
Renumber sections to conform.
Amend title to conform.
Rep. BAKER explained the amendment.
Rep. McABEE 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:
Alexander, M.O. Altman Baker Barfield Blackwell Brown, H. Brown, J. Bruce Burriss, T.M. Carnell Chamblee Clyborne Cole Derrick Elliott Faber Fant Felder Foster Gordon Hallman Harris, P. Harrison Harwell Haskins Hendricks Holt Johnson, J.C. Kay Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. McAbee McKay Nesbitt Nettles Rhoad Sharpe Simpson Snow Stoddard Sturkie Taylor Tucker Vaughn Washington Wells Wilkes Winstead Wofford
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Bailey, K. Barber Beasley Bennett Blanding Boan Brown, G. Brown, R. Burch Corbett Cork Corning Davenport Farr Gentry Glover Harris, J. Hayes Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Mappus Mattos McBride McCain McEachin McElveen McLellan McLeod McTeer Moss Neilson Phillips Quinn Rogers, T. Rudnick Sheheen Short Smith Waites Whipper White Wilder Wilkins Wright
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 51.
The Senate returned to the House with concurrence the following:
H. 5130 -- Rep. Mappus: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. MATTHEW'S LUTHERAN CHURCH OF CHARLESTON UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY.
H. 5134 -- Reps. J. Bailey, Holt, Winstead, Whipper, Hallman, Rama, Barber, Washington and D. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE GENERAL ASSEMBLY TO CHARLESTON FIRE CHIEF AND MRS. WILMOT EARL GUTHKE UPON THE OCCASION OF THEIR UPCOMING FIFTIETH WEDDING ANNIVERSARY.
H. 5135 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY MARGARET HAMILTON BROWN OF COLUMBIA FOR HER LOVING AND DEDICATED SERVICE OVER A PERIOD OF TWENTY YEARS AS A KINDERGARTEN TEACHER AT SHANDON PRESBYTERIAN CHURCH IN COLUMBIA.
H. 5136 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Harrison, McBride, Quinn, Taylor and Waites: A CONCURRENT RESOLUTION CONGRATULATING MR. DONALD GIST UPON BEING NAMED THE NEW COMMISSIONER OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND AND EXTENDING BEST WISHES FOR A SUCCESSFUL ADMINISTRATION.
H. 5140 -- Reps. J.C. Johnson, McAbee, Carnell, Foster, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO RECOGNIZE MS. MARIA MCALISTER PYLES OF GREENWOOD UPON BEING NAMED THE 1990 DISTRICT 50 TEACHER OF THE YEAR AND THE 1990 SOUTH CAROLINA TEACHER OF THE YEAR.
At 12:20 P.M. the House in accordance with the motion of Rep. MOSS adjourned in memory of Brunson Best to meet at 10:00 A.M. tomorrow.
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