Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Lord, for yesterday's Memorial Day when we paused in memory of the brave of every generation who pledged their lives in service to others. Our gratitude continues for those who valiantly fought and bravely died for this great Nation. Bring comfort to survivors who see in memory's vista the parade of those who marched away never to return. Be especially near to those who bear in their bodies the trauma of war, granting them the assurance of a grateful people. May our response to their self-giving be purer lives, nobler service, and a deeper dedication to the causes for which they gave so much. May we live lives that contribute to a Nation with liberty and justice in a world at peace.
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 Friday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 24, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report having been adopted by both Houses has ordered the Bill Enrolled for Ratification:
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.
Very respectfully,
President
No. 134
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
Reps. McLELLAN and SHEHEEN proposed the following Amendment No. 295 (Doc. No. 2095X), which was adopted.
Amend the bill, as and if amended, by striking the bill as passed by the Senate, and inserting the bill as passed by the House of Representatives with the following changes:
Reference is to the bill as passed by the House of Representatives:
Amend Part I, Section 14Q, Budget and Control Board--Employee Benefits, page 0125, by striking Columns 7 and 8 on lines 32 through 39 and inserting in Columns 7 and 8:
/4,582,976
5,441,819
2,688,334
3,868,582
-0-
-0-
104,094
149,794/
Amend further, in Part I, Section 14Q, page 0126, by striking in Columns 7 and 8 on line 14 /14,187,306/ and inserting /14,270,425/.
Amend further, in Part I, Section 14, page 0136, right column of the bill, by striking paragraph 14.87 and inserting:
/14.87 The Budget and Control Board shall reduce agency accounts, except in Sections 86 through 117 of this Part, on a pro rata basis for travel by the amount of $1,783,546 and equipment by the amount of $2,773,376 to compensate for the $4,556,922 reduction in the base pay increase./
Amend further, in Part I, Section 52, Department of Corrections, page 0533, right column, by adding:
/52.12 The Department is authorized to charge a one dollar a day transportation fee to participants in the work release program./
Amend further, in Part I, Section 82, Tax Commission, page 639, line 8, by striking in Columns 7 and 8 /1,556,479/ and inserting /1,571,272/, on line 21, by striking in columns (7) and (8) /2,339/ and inserting /204,086/, and on line 30 by striking in Columns 7 and 8 /3,063,443/ and inserting /3,092,559/.
Amend further in Part I, Section 82, page 640, line 7, in columns (7) and (8), by striking /496,634/ and inserting /501,354/ and on line 26 in columns (7) and (8), by striking /3,797,513/ and inserting /4,193,606/.
Amend further, in Section 82, page 641, line 5, in columns (7) and (8), by striking /1,125,567/ and inserting /1,136,265/ and on line 25 in columns (7) and (8), by striking /9,618,771/ and inserting /9,950,193/, and on line 34 in columns (7) and (8), by striking /742,811/ and inserting /839,212/.
Amend further, in Section 82, page 642, line 8, in columns (7) and (8), by striking /4,469,888/ and inserting /4,512,372/.
Amend further, in Part I, Section 128, page 0712K, by striking lines 1 through 48 and lines 1 through 10 on page 0712L and inserting:
Regular Sources:
Retail Sales Tax $ 1,205,285,094
Income Tax (Total) $ 1,703,739,474
Individual $ 1,504,510,474
Corporation $ 199,229,000
Total Income and Sales Tax $ 2,909,024,568
All Other Revenue:
Admissions Tax $ 6,650,000
Aircraft Tax $ 2,600,000
Alcoholic Liquor Tax $ 48,471,640
Bank Tax $ 10,250,000
Beer & Wine Tax $ 76,805,000
Business License Tax $ 30,587,000
Coin-Operated Device Tax $ 30,800,000
Commercial Nuclear Waste
Tax $ 6,700,000
Contractors License Tax $ 1,441,859
Corporation License Tax $ 35,500,000
Department of Agriculture $ 6,285,800
Departmental Revenue $ 36,667,833
Documentary Tax $ 12,650,000
Earned on Investments $ 71,300,000
Electric Power Tax $ 17,025,000
Estate Tax $ 31,600,000
Fertilizer Inspection Tax $ 195,000
Gasoline Tax - Counties $ 18,600,000
Gift Tax $ 4,600,000
Insurance Tax $ 92,125,000
Motor Transport Fees $ 6,014,875
Private Car Lines Tax $ 1,440,000
Public Service Assessment $ 3,800,000
Public Service Authority $ 5,700,000
Radioactive Waste Surcharge $ 12,000,000
Retailers License Tax $ 1,130,000
Savings & Loan Association
Tax $ 905,000
Severance Tax $ 0
Soft Drinks Tax $ 21,350,000
Workers' Compensation
Insurance Tax $ 17,060,000
Total All Other Revenue $ 610,254,007
Total Regular Sources $ 3,519,278,575
Miscellaneous Sources:
Circuit & Family Court
Fines $ 4,543,422
Debt Service Reimbursement $ 6,665,060
Housing Authority
Reimbursement $ 471,627
Indirect Cost Recoveries $ 22,285,909
Mental Health Fees $ 3,800,000
Parole & Probation
Supervision Fee $ 3,600,000
Unclaimed Property Fund
Transfer $ 6,042,667
Waste Treatment Loan
Repayment $ 350,000
Total Miscellaneous Sources $ 47,758,685
Total Regular & Miscellaneous
Revenue $ 3,567,037,260
Total General Fund Revenue $ 3,567,037,260
Total Highway Revenue $ 451,733,000
Total EIA Revenue $ 303,221,274
Total All Sources of
Revenues $ 4,321,991,534 /.
Amend further, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 8-21-310 OF THE 1976 CODE, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE THE FILING FEE FOR A FIRST COMPLAINT OR PETITION IN A CIVIL ACTION OR PROCEEDING IN A COURT OF RECORD FROM THIRTY-FIVE TO FIFTY DOLLARS, AND TO PROVIDE THAT THE INCREASE IN THIS FILING FEE MUST BE TRANSMITTED TO THE STATE FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
A. Section 8-21-310(11)(a) of the 1976 Code is amended to read:
"(11)(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing any verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. Of the fifty-dollar fee thirty-five dollars is subject to the disposition provision of Section 20-7-1510 and the remaining fifteen dollars must be remitted to the State and deposited to the credit of the general fund of the State;".
B. This section takes effect on July 1, 1990./
Renumber sections to conform
Amend title and totals to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. McLELLAN moved to waive Rule 5.14, which was agreed to by a division vote of 89 to 0.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
Rep. WELLS proposed the following Amendment No. 1 (Doc. No. 2099X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 25, Title 50 of the 1976 Code is amended by adding:
Section 50-25-1310. On Lakes William C. Bowen and H. Taylor Blalock in Spartanburg County:
(1) There is established a no wake zone within three hundred feet of all bridges and public docks. No wake zones must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(2) No watercraft of any type may be operated within five hundred feet of any pump station, water intake of a dam, or spillways. These restricted areas must be clearly marked with signs. Signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(3) No watercraft may operate or anchor within one hundred fifty feet of public fishing piers.
(4) No sailing craft with a mast height in excess of thirty feet is permitted to operate.
(5) No wading, bathing, or swimming is permitted within two hundred feet of any public landing, bridge, or restricted area. These restricted areas must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(6) The lake wardens, at their discretion, may limit entrance of watercraft onto the lakes via the public landings when conditions such as overcrowding or adverse weather create an unsafe boating environment.
Section 50-25-1320. On Lake William C. Bowen:
(1) No watercraft with an outboard motor having a horsepower rating in excess of one hundred fifteen horsepower is permitted.
(2) No watercraft with an outboard motor in excess of the United States Coast Guard rating, with Coast Guard rating plate missing or changed, is permitted.
(3) No watercraft powered by an outdrive or inboard motor having an engine automotive horsepower rating in excess of one hundred eighty horsepower is permitted. This restriction does not apply to towboats which have been approved by the American Waterski Association.
Section 50-25-1330. On Lake H. Taylor Blalock, no watercraft with an engine greater than fifteen horsepower may operate unless:
(1) the gas line has been disconnected and the engine or prop is trimmed out of water, and
(2) an electric trolling motor or engine of fifteen horsepower or less is mounted but pontoon boats with a length greater than sixteen feet may utilize motors not greater than thirty-five horsepower.
Section 50-25-1340. On Lake H. Taylor Blalock, it is unlawful to waterski, or tow rafts, discs, or any other similar floating devices.
Section 50-25-1350. On Lake William C. Bowen it is unlawful to:
(1) waterski or tow rafts, discs, or other similar floating devices within three hundred feet of any bridge or within one hundred feet of public dock facilities of the Spartanburg Water System;
(2) waterski and tow rafts, discs, or other similar floating devices upstream and west of the Interstate Highway 26 bridge which crosses over Lake William C. Bowen;
(3) pull more than two skiers at one time from any boat or to waterski while carrying one or more persons piggyback.
Section 50-25-1360. The South Carolina Wildlife and Marine Resources Department, after consultation with the Spartanburg Water System, by special permit, may waive the restrictions and provisions of Section 50-25-1310 through 50-25-1350 to allow for boat testing, water and ski shows, and similar activities. It is unlawful to violate the terms and conditions of the permit.
Section 50-25-1370. A person violating a provision of this article is guilty of a misdemeanor and must be punished as provided in Section 50-1-130."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received.
Columbia, S.C., May 24, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3104:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Very respectfully,
President
No. 135
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. WILKINS the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 630 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1617 -- Senator Hayes: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DELAY THE CHANGE IN METHODOLOGY FOR CALCULATING THE NEED FOR INPATIENT REHABILITATION BEDS AS PROPOSED IN THE DRAFT 1990 MEDICAL FACILITIES PLAN UNTIL THE 1991 MEDICAL FACILITIES PLAN, REQUESTING AN EVALUATION OF THE EFFECTS OF THE PROPOSED CHANGE, AND A REPORT TO THE SENATE MEDICAL AFFAIRS COMMITTEE, THE HOUSE OF REPRESENTATIVES MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, AND THE JOINT LEGISLATIVE COMMITTEE ON HEALTH CARE PLANNING AND OVERSIGHT BY MARCH 1, 1991.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1618 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF B. MARION SMITH, SR., OF EDGEFIELD COUNTY WHO DIED ON THURSDAY, MAY 10, 1990.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1619 -- Senators Shealy, Wilson, Setzler and Martschink: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE HONORABLE JAMES D. WARD OF LEESVILLE FOR HIS DISTINGUISHED SERVICE AS MAGISTRATE OF LEXINGTON COUNTY MAGISTERIAL DISTRICT NO. 3, UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5152 -- Reps. Rama, Barber, Hallman, J. Bailey, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE TO THE HOUSE OF REPRESENTATIVES OF THEIR FRIEND AND COLLEAGUE, REPRESENTATIVE TED MAPPUS OF CHARLESTON, ON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES.
Whereas, the members of the General Assembly were saddened to note that their friend and colleague, Representative Ted Mappus, who represents District 119 in Charleston County, has decided to end his service in the House of Representatives with the 1990 session; and
Whereas, since his first election to the House in 1986, he has served the people of his district and county with distinction and in so doing has reflected honor on the high calling of public service; and
Whereas, Mr. Mappus, a Charleston native, in his private career operates the Mappus Insurance Agency and has rendered great service to his industry, as a past state national director of the Independent Insurance Agents of America and as past president of the Independent Insurance Agents of South Carolina and of Charleston; and
Whereas, in his community he has been active in the Charleston Exchange Club, Coastal Carolina Fair, the Franke Home, the board of the Palmetto Safety Council, vice chairman of the advisory board of the Salvation Army, and St. Matthews Lutheran Church; and
Whereas, it is appropriate for members of the General Assembly to pause in their deliberations to express their appreciation to a member who exemplifies those qualities of honesty, forthrightness, courage, and dedication that are the life blood of the success of our democratic order and to wish their friend and colleague good health and happiness, success, and the time to enjoy them. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express appreciation for the distinguished service to the House of Representatives of their friend and colleague, Representative Ted Mappus of Charleston, on the occasion of his retirement from the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to Representative Ted Mappus.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5153 -- Rep. McLellan: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM A. MCINNIS, OF COLUMBIA, UPON HIS RETIREMENT FROM STATE EMPLOYMENT, TO THANK HIM FOR HIS MANY YEARS OF EXCELLENT AND DEDICATED SERVICE, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
S. 1611 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Farr Foster Glover Gordon Gregory Hallman Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop 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 29, 1990.
Ennis M. Fant Jean Harris Larry Gentry Robert A. Kohn John Felder Gene Stoddard Alex Harvin, III Joseph T. McElveen, Jr.
DOCTOR OF THE DAY
Announcement was made that Dr. John P. Evans of Greenville is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution 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. 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.
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.
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.
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.
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.
The following Bill was taken up.
H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
Rep. BLANDING, with unanimous consent, proposed the following Amendment No. 2 (Doc. No. 1763o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Beginning with the 1992 election, the Board of School Trustees of Sumter County School District 17 consists of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the seven defined single-member election districts established in Section 2. The members of the board shall elect a chairman and other officers they consider necessary to serve terms of one year each in these capacities. Any member may be reelected to an office of the board. The seven members of the board must be elected to the board in a nonpartisan election to be conducted at the same time as the 1992 general election for terms of office of four years each; however, the four members elected in 1992 who receive the highest number of the votes cast shall serve initial terms of four years each, and the other three members elected in 1992 shall serve initial terms of two years each. Their successors must be elected in a nonpartisan election to be conducted at the same time as the general election four or two years thereafter, respectively, as the case may be, for terms of four years each. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days before the election. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.
The candidate receiving the highest number of the votes in each district in the election must be declared elected.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
The current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire./
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 5148 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1990, AND ENDING JUNE 30, 1991.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1593 -- Senators Setzler, Wilson and Shealy: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
S. 1589 -- Senators Mullinax, Macaulay and O'Dell: 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.
S. 472 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY OPEN OR CLOSE THE SEASON FOR CRAB TRAWLING DURING DECEMBER, JANUARY, FEBRUARY, AND MARCH OF EACH YEAR, TO PROVIDE THAT CRAB TRAWLING IS UNLAWFUL AT ALL OTHER TIMES, TO REQUIRE TRAWLERS' LICENSES AND PERMITS FOR PERSONS TRAWLING FOR CRABS, TO REGULATE THE SIZE AND USE OF CRAB NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. BENNETT explained the Bill.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
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.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 1775X), which was adopted.
Amend the bill, as and if amended, by adding the following section appropriately numbered:
/SECTION __. It is the policy of the State of South Carolina to oppose the importation of all solid waste generated out of the State when applied to above-ground storage./
Renumber sections to conform.
Amend title to conform.
Rep. STURKIE explained the amendment.
The amendment was then adopted.
Rep. STURKIE explained the Bill and moved to adjourn debate upon the Bill until Wednesday, May 30, which was adopted.
Reps. RAMA and H. BROWN moved that when the House adjourns it adjourn in memory of Verna A. Smith of Charleston, which was agreed to.
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.
Reps. NEILSON, WELLS, DAVENPORT and LIMEHOUSE proposed the following Amendment No. 5 (Doc. No. 2097X).
Amend Amendment No. 3 (Document Number 1999X, dated May 22, 1990), as and if amended, by striking SECTIONS 1 and 2 as contained therein and inserting:
/SECTION __. A. Title 8 of the 1976 Code is amended by adding:
Section 8-16-10. This chapter is known and may be cited as the South Carolina State and Local Government Prospective Employee Drug Testing Act.
Section 8-16-20. As used in this chapter:
(1) 'Drugs' means any substance described in Schedules I through V, as contained in Chapter 53 of Title 44;
(2) 'Employer' means this State and its political subdivisions including their agencies and departments;
(3) 'Prospective employee' means any person who has made application to an employer, whether written or oral, to become an employee but does not include elected or appointed officials;
(4) 'Sample' means urine, blood, breath, saliva, or hair.
Section 8-16-30. An employer is required to test a prospective employee for the presence of drugs, in accordance with the provisions of this chapter, who is being considered for a particular position before the final hiring selection for that position is made if the position qualifies the prospective employee to participate in any retirement system operated by the State or a political subdivision of the State.
Section 8-16-40. An employer may require samples from his prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter and enough sample must be taken for the initial test of the employer and a confirmation test if desired by the prospective employee. The employer may designate the type of sample to be used for this testing.
Section 8-16-50. An employer shall pay all costs of the initial testing for drugs required by the employer, and the employee, if he desires confirmation testing or retesting in the manner provided by this chapter, shall pay the costs of this retesting.
Section 8-16-60. All sample collection and testing of drugs under this chapter must be performed in accordance with the following conditions:
(A) The collection of samples must be performed under reasonable and sanitary conditions.
(B) Sample collections must be documented, and these documentation procedures include:
(1) labeling of samples to reasonably preclude the probability of erroneous identification of test results;
(2) an opportunity for the prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.
(C) Sample collection, storage, and transportation to the place of testing must be performed so as to reasonably preclude the probability of sample contamination or adulteration.
(D) Sample testing must comply to scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control for this purpose. Testing must include verification or confirmation of any positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the result of any test may be used as a basis for any action by an employer.
Section 8-16-70. (A) The Budget and Control Board for state agencies and departments and the governing body of a political subdivision of this State for agencies and departments of that subdivision shall establish guidelines and model policies for the testing required by this chapter for use by employers. The governing body of the political subdivision may adopt the Budget and Control Board guidelines and model policies as its guidelines and model policies. The Department of Health and Environmental Control shall provide and periodically update a list of approved or licensed substance abuse rehabilitation centers in the State by area and a list of approved rehabilitation centers throughout the country.
(B) Within the terms of these guidelines and policies, an employer shall require of those prospective employees to be tested the collection and testing of samples for the purpose of determining the prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.
(C) The employer's use and disposition of all drug test results are subject to the limitations of this chapter.
Section 8-16-80. (A) Upon receipt of a verified or confirmed positive drug test result which indicates the use of this substance by the prospective employee, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.
(B) If the employer refuses to hire a prospective employee based on a confirmed positive drug test result or for other reasons as provided in this chapter, the employer shall notify the prospective employee of the test result and refer the prospective employee to a list of public and private Department of Health and Environmental Control licensed or approved substance abuse rehabilitation centers in the area so that the prospective employee may seek rehabilitation at his own expense.
(C) If a prospective employee has been refused a position with the employer because of a confirmed positive drug test result or for other reasons as provided in this chapter, the prospective employee may not be considered for employment if he reapplies for a position unless (1) the prospective employee presents evidence that he has successfully completed rehabilitation at a department licensed or approved public or private substance abuse rehabilitation center or at a department approved rehabilitation center in another state, or (2) six months have passed since the date of the prospective employee's rejection for employment.
Section 8-16-90. If the initial drug test of the prospective employee is positive, the prospective employee is entitled to require the employer to submit the remaining portion of the sample taken to an approved laboratory for a confirmation test. If the results of the confirmation test are also positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.
Section 8-16-100. No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following:
(1) failure to test for drugs, or failure to test for a specific drug or other substance;
(2) failure to test for, or if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or testing program or policy.
Section 8-16-110. (A) No cause of action arises in favor of any person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.
(B) In any claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:
(1) it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and
(2) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.
Section 8-16-120. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee;
(2) the information disclosed was a false test result;
(3) the false test result was disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.
Section 8-16-130. No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug testing.
Section 8-16-140. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter."
B. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
Reps. WHIPPER and BLANDING objected to the Bill.
Rep. NEILSON continued speaking.
Rep. GREGORY objected to the Bill.
Rep. LIMEHOUSE moved to adjourn debate upon the following Bill until Wednesday, May 30, which was adopted.
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.
The following Bill was taken up.
S. 753 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS.
Rep. MAPPUS proposed the following Amendment No. 1 (Doc. No. 2094X), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 50-17-785. The setting or use of crab pots within one hundred feet of a privately owned dock is prohibited, except by the owner of the dock or his designees."/
Renumber sections to conform.
Amend title to conform.
Rep. MAPPUS explained the amendment.
Rep. BENNETT spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. BENNETT explained the Bill.
Rep. BARBER moved to adjourn debate upon the Bill until Wednesday, May 30, which was adopted.
Rep. BLACKWELL moved that the House recede until 2:30 P.M.
Rep. SHARPE moved that the House do now adjourn.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Barfield Blackwell Brown, H. Bruce Burch Derrick Foster Gregory Holt Kay Kirsh Limehouse Littlejohn Mappus Martin, L. McAbee Sharpe Short Simpson Snow Sturkie Townsend Wilkins Williams, D. Williams, J. Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baxley Beasley Bennett Blanding Boan Brown, G. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cooper Corbett Cork Corning Davenport Faber Farr Felder Gentry Gordon Hallman Harris, J. Harrison Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Klapman Koon Lanford Manly Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sheheen Smith Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilkes Winstead Wright
So, the House refused to adjourn.
The question then recurred to the motion that the House recede until 2:30 P.M., which was rejected by a division vote of 51 to 56.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 51.
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. 51, which was proposed on Wednesday, May 23, by Rep. BAKER.
Rep. McTEER explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep McTEER asked unanimous consent, to pass over Amendments 52 through 79.
Rep. FELDER objected.
Reps. HENDRICKS and McABEE proposed the following Amendment No. 54 (Doc. No. 2017X).
Amend the bill, as and if amended, by striking Section 44-95-80(M)(1), as contained in SECTION 1, beginning on page 1182-28 and line 38, and inserting:
/(1) Not later than ninety days after this chapter's effective date, the operator of a municipal solid waste disposal facility shall impose a five dollars a ton or equivalent fee on all solid waste disposed of or incinerated at that facility, in addition to other fees imposed by the operator. However, the fees must not be imposed on ash from the incineration of solid waste within the county. The revenue generated by this fee must be remitted on a monthly basis to the governing body of the county where the waste was generated to be used to fund solid waste management recycling or reduction services or programs throughout the county. However, where a local government operates the facility, the fees must be remitted immediately to the local treasurer or designated office./
Amend further by deleting Section 44-95-120(B)(4), as contained in SECTION 1, page 1182-37, beginning on line 5.
Renumber items to conform.
Amend title to conform.
Rep. HENDRICKS explained the amendment.
Rep. McEACHIN moved that the House recede until 2:30 P.M.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
The motion to recede until 2:30 P.M. was agreed to by a division vote of 54 to 45.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 54, Rep. HENDRICKS having the floor.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. MANLY and BENNETT a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., May 29, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 4800:
H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL);
(Abbreviated Title)
Very respectfully,
President
On motion of Rep. McLELLAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. McLELLAN, CARNELL and WINSTEAD to the Committee of Conference on the part of the House 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. 54, Rep. HENDRICKS having the floor.
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.
Rep. LIMEHOUSE moved to continue the Bill.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Blackwell Burch Carnell Chamblee Cole Davenport Farr Felder Harris, P. Kirsh Limehouse Littlejohn Martin, L. McAbee McGinnis Phillips Short Taylor Tucker Wells Wofford
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Baker Barber Baxley Beasley Boan Brown, G. Clyborne Corbett Cork Fair Gentry Hallman Harrison Haskins Hayes Hendricks Hodges Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Klapman Mattos McCain McEachin McTeer Neilson Nesbitt Rama Rhoad Rogers, T. Rudnick Sheheen Smith Snow Stoddard Vaughn Waites Whipper Wilder Williams, J.
So, the House refused to continue the Bill.
The SPEAKER granted Reps. McLELLAN, CARNELL and WINSTEAD a leave of the House for a Conference Committee meeting.
Debate was resumed on Amendment No. 54, by Reps. HENDRICKS and McABEE.
Rep. HENDRICKS continued speaking.
Rep. KEYSERLING moved to adjourn debate upon the amendment.
Rep. HENDRICKS moved to table the motion, which was agreed to by a division vote of 38 to 36.
Rep. KEYSERLING spoke against the amendment.
Rep. HENDRICKS spoke in favor of the amendment.
Rep. KEYSERLING moved to adjourn debate upon the amendment.
Rep. LIMEHOUSE raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 61 to 19.
Rep. SIMPSON proposed the following Amendment No. 56 (Doc. No. 2009X), 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 ten 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 ten 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 ten 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. G. BROWN moved to table the amendment, which was agreed to.
Rep. L. MARTIN moved to commit the Bill to the Committee on Agriculture and Natural Resources.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Blackwell Blanding Bruce Burch Chamblee Cole Cooper Davenport Fair Fant Farr Felder Foster Gordon Harris, P. Harwell Jaskwhich Kay Kirsh Koon Limehouse Littlejohn Martin, L. McAbee McBride McGinnis McKay McLeod Neilson Nesbitt Phillips Snow Sturkie Taylor Townsend Tucker Vaughn Wells White Wofford
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Barfield Baxley Beasley Boan Brown, G. Clyborne Corbett Cork Corning Gentry Hallman Harris, J. Harrison Hayes Hendricks Hodges Huff Johnson, J.W. Keegan Keesley Keyserling Kinon Klapman Mattos McCain McEachin McElveen McTeer Moss Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Smith Stoddard Waites Washington Whipper Wilder Wilkes Williams, D. Wright
So, the House refused to commit the Bill.
Rep. McABEE proposed the following Amendment No. 60 (Doc. No. 1659o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 7, page 1182-108, beginning on line 11, and inserting:
/SECTION 7. This act takes effect upon approval by the Governor, except that Article 2, Chapter 95, Title 44 of the 1976 Code, as added by this act, takes effect July 1, 1991, and Section 12-7-1255 of the 1976 Code, as added by this act, is effective for taxable years beginning after December 31, 1989, but a credit attributable to a taxable year beginning in 1990 must be claimed on the return due for the taxable year beginning in 1991./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Reps. KEYSERLING, BOAN, McTEER and J.W. JOHNSON proposed the following Amendment No. 80 (Doc. No. 2098X).
Amend the report of the Committee on Ways and Means, as and if amended, by striking in its entirety Article II of Chapter 95 of Title 44, as added by SECTION 1, beginning on line 4 of page 1182-66.
Renumber to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. KEYSERLING spoke in favor of the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. L. MARTIN moved to recommit the Bill to the Committee on Ways and Means.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Blackwell Blanding Brown, J. Bruce Burch Burriss, T.M. Chamblee Cole Cooper Davenport Elliott Fair Fant Farr Felder Foster Harris, P. Harwell Hendricks Kay Kinon Kirsh Lanford Limehouse Littlejohn Martin, L. McAbee McCain McGinnis McKay McLeod Neilson Nesbitt Phillips Rama Rhoad Short Snow Taylor Townsend Tucker Vaughn Waldrop Wells Wilder Wilkes Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Barfield Baxley Beasley Boan Brown, G. Brown, R. Clyborne Corbett Cork Corning Gentry Hallman Harris, J. Harrison Harvin Hayes Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Mattos McElveen McTeer Moss Quinn Rudnick Sharpe Sheheen Smith Stoddard Sturkie Waites Washington Whipper Williams, D.
So, the motion to recommit the Bill was agreed to.
Rep. BOAN moved that the House do now adjourn, which was adopted.
At 3:30 P.M. the House in accordance with the motion of Reps. RAMA and H. BROWN adjourned in memory of Verna A. Smith of Charleston to meet at 10:00 A.M. tomorrow.
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