Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our schedules may change and our interests may vary, but You, O Lord, are the same yesterday, today and always. We thank You for the constancy of Your care and Your never failing support. In this confidence, we invoke Your guidance this day and every day. Make us able to separate reason from rhetoric and facts from fiction. May we excel in vision, seeing beyond the short-term solution to the long time good; may we excel in wisdom, stripping away the meaningless and finding the kernels of truth; may we be steadfast in fidelity, standing firm on that which is right.
Print indelibly upon our minds that while there are times we cannot get help, there is never a time we cannot give it. 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 question of a quorum was raised.
A quorum was later present.
The following were received.
Document No. 1066
Promulgated By Department of Health and Environmental Control
Certification of x-ray equipment - new regulation R. 61-98
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Withdrawn May 31, 1990
Document No. 1213
Promulgated By Department of Health and Environmental Control
Water Classifications and Standards (Marinas)
Referred to House Committee on Agriculture and Natural Resources
Withdrawn May 31, 1990
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-578, S. 1568 by a vote of 46 to 0:
(R578) S. 1568 -- Senator Nell W. Smith: AN ACT TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT IN PICKENS COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE WATER SYSTEM OPERATED BY THE DISTRICT, AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA, AND TO REPEAL ACT 128 OF 1953, RELATING TO THE ESTABLISHMENT OF THE EAST CLEMSON WATER DISTRICT.
Very respectfully,
President
No. 062
Received as information.
May 30, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1568, R-578, an Act:
TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT IN PICKENS COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE WATER SYSTEM OPERATED BY THE DISTRICT, AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA, AND TO REPEAL ACT 128 OF 1953, RELATING TO THE ESTABLISHMENT OF THE EAST CLEMSON WATER DISTRICT.
This veto is based upon an opinion of the Attorney General's Office dated May 30, 1990, which states in concluding:
"The act bearing ratification number 578 of 1990 acknowledges that a majority of electors voting in a referendum held November 7, 1989 authorized the dissolution of the East Clemson Water District and the transfer of its assets to the cities of Clemson and Central; the 1990 act so transfers the property, abolishes the governing body, and repeals the act creating the District. A review of Act No. 128 of 1953, particularly Section 1, makes it clear that the District is located totally within Pickens County. Thus, S. 1568, R-578, of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 1568, R-578, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7... "
Yours Sincerely,
Carroll A. Campbell, Jr.
Governor
May 30, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of May 28, 1990, you have asked for the opinion of this office as to the constitutionality of S. 1568, R-578, an act approving the dissolution of the East Clemson Water District in Pickens County, transferring assets of the District to the cities of Clemson and Central, and repealing Act No. 128 of 1953. For the reasons following, it is the opinion of this office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this office may comment upon potential constitutional problems, it is solely within the province of the Courts of this State to declare an act unconstitutional.
The act bearing ratification number 578 of 1990 acknowledges that a majority of electors voting in a referendum held November 7, 1989 authorized the dissolution of the East Clemson Water District and the transfer of its assets to the cities of Clemson and Central; the 1990 act so transfers the property, abolishes the governing body, and repeals the act creating the District. A review of Act No. 128 of 1953, particularly Section 1, makes it clear that the District is located totally within Pickens County. Thus, S. 1568, R-578 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 1568, R-578 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974); Spartanburg Sanitary Sewer District v. City of Spartanburg, 283 S.C. 67, 321 S.E.2d 258 (1984).
Based on the foregoing, we would advise that S. 1568, R-578 would be of doubtful constitutionality. Of course, this office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Hendricks Martin, L. Mattos Simpson
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1240:
S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
and asks for a Committee of Conference and has appointed Senators Holland, Stilwell and Mullinax of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 012
Whereupon, the Chair appointed Reps. WILKINS, CLYBORNE and D. MARTIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Horace C. Smith, Lee and Russell of the Committee of Conference on the part of the Senate on H. 4771:
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.
Very respectfully,
President
No. 087
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1281:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1405:
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.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1244:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1585:
S. 1585 -- Senators Williams and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL LAWS OF ORANGEBURG COUNTY ESTABLISHING THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3878:
H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-622, H. 5059 by a vote of 46 to 0:
(R622) H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1990-91.
Very respectfully,
President
No. 058
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-624, H. 5099 by a vote of 46 to 0:
(R624) H. 5099 -- Rep. Baker: AN ACT TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
Very respectfully,
President
No. 059
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-633, H. 4896 by a vote of 46 to 0:
(R633) H. 4896 -- Reps. Clyborne and Manly: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Very respectfully,
President
No. 060
Received as information.
The following was received.
Columbia, S.C., May 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-617, H. 4939 by a vote of 46 to 0:
(R617) H. 4939 -- Rep. Cole: AN ACT TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.
Very respectfully,
President
No. 061
Received as information.
The Senate returned to the House with amendments the following:
H. 5092 -- Reps. Barfield, M.O. Alexander, T.C. Alexander, Altman, J. Bailey, K. Bailey, Baxley, Beasley, Bennett, Blackwell, G. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Corbett, Cork, Davenport, Elliott, Fant, Farr, Felder, Gordon, Hallman, P. Harris, Haskins, Hayes, Hendricks, Holt, Huff, Jaskwhich, Kay, Keegan, Keyserling, Koon, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McGinnis, McKay, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, Sharpe, Simpson, Smith, Snow, Taylor, Tucker, Vaughn, Waldrop, Washington, Wells, Whipper, White, Wilkes, Wilkins, J. Williams and Wofford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE PARTICIPATION OF PRIVATE COMPANIES IN THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FEDERAL CROP INSURANCE CORPORATION PROGRAM, NOT TO ENACT PROVISIONS IN THE 1990 FARM BILL WHICH WOULD ABOLISH THE FEDERAL CROP SYSTEM AND THE LEASE AND TRANSFER SYSTEM OF TOBACCO ALLOTMENTS, AND NOT TO ENACT PROVISIONS OF H.R. 4077 WHICH WOULD DISMANTLE THE PRESENT STRUCTURE OF THE FARMERS HOME ADMINISTRATION.
Rep. BARFIELD explained the Senate amendment.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 4870 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT.
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.
The Senate returned to the House with amendments the following:
H. 4987 -- Rep. Corning: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.
Rep. CORNING explained the Senate amendment.
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.
The Senate returned to the House with amendments the following:
H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.
Rep. SHARPE explained the Senate amendment.
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.
The following was introduced:
H. 5167 -- Reps. McLellan and T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. SAM LOWRY OF SENECA FOR THEIR TWENTY-SIX YEARS OF COMBINED VOLUNTARY SERVICE TO OCONEE COUNTY, UPON THE OCCASION OF THEIR RETIREMENT FROM THE RESPECTIVE OFFICES WHICH THEY HOLD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1627 -- Senator Macaulay: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. SAM LOWRY OF SENECA FOR THEIR TWENTY-SIX YEARS OF COMBINED VOLUNTARY SERVICE TO OCONEE COUNTY, UPON THE OCCASION OF THEIR RETIREMENT FROM THE RESPECTIVE OFFICES WHICH THEY HOLD.
The Concurrent Resolution was ordered referred to the Oconee Delegation.
The Senate sent to the House the following:
S. 1628 -- Senators Drummond, Russell, Peeler, Bryan, Courson, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Rose, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Williams: A CONCURRENT RESOLUTION TO COMMEND SENATOR ADDISON (JOE) WILSON (R-LEXINGTON) FOR BEING SELECTED TO SERVE AS A MEMBER OF AN INTERNATIONAL DELEGATION TO OBSERVE THE FIRST FREE PARLIAMENTARY ELECTIONS IN BULGARIA ON JUNE 10, 1990.
The Concurrent Resolution was ordered referred to the Lexington Delegation.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5168 -- Rep. Kohn: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE CHARLESTON ASSOCIATION OF RETARDED CITIZENS, INC. IN CHARLESTON COUNTY.
On motion of Rep. KOHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5169 -- Rep. Gentry: A BILL TO AMEND ACT 1015 OF 1970, RELATING TO THE SALUDA COUNTY WATER AND SEWER AUTHORITY, SO AS TO INCREASE THE MEMBERSHIP FROM FIVE TO SEVEN.
On motion of Rep. GENTRY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1620 -- Senator Pope: A BILL TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.
On motion of Rep. GENTRY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. J.C. JOHNSON, on behalf of the Greenwood Delegation, presented Ms. Maria McAlister Pyler of Greenwood, the 1990 District 50 Teacher of The Year and the 1990 South Carolina Teacher of The Year.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, T.M. Carnell Clyborne Cole Cooper Corbett Cork Corning Davenport Elliott Faber Fant Farr Felder Foster Gentry Glover Hallman Harris, J. Harris, P. Harrison Harwell Hayes Hendricks Hodges Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Stoddard Taylor Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford
I came in after the roll call and was present for the Session on June 4, 1990.
C. Lenoir Sturkie Robert O. Kay Ronald P. Townsend Thomas E. Huff Paul E. Short, Jr. C.D. Chamblee Paul M. Burch Joseph T. McElveen, Jr. Alfred C. McGinnis Thomas C. Alexander Paul W. Derrick Michael L. Fair David Wright Jarvis R. Klapman Jackson Gregory Thomas Rhoad C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. HASKINS a leave of absence for today and tomorrow.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
The SPEAKER granted Rep. KLAPMAN a temporary leave of absence.
The SPEAKER granted Rep. JASKWHICH a leave of absence for the day due to illness in the family.
The SPEAKER granted Rep. WALDROP a leave of absence for the day due to a death in the family.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5164 -- Rep. Felder: A BILL TO PROVIDE FOR THE MANNER IN WHICH CERTAIN SCHOOL AND EDUCATIONAL MATTERS MUST BE UNDERTAKEN IN CALHOUN COUNTY.
H. 5165 -- Rep. Rhoad: A BILL TO AUTHORIZE BAMBERG COUNTY SCHOOL DISTRICTS ONE AND TWO TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
The following Bill was taken up.
H. 5160 -- Rep. Carnell: A BILL TO PROVIDE THAT ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY MUST BE DISTRIBUTED TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE.
Reps. J.C. JOHNSON, McABEE and CARNELL proposed the following Amendment No. 1, which was adopted.
Amend Section 2, by striking "1990-91" and inserting in its place "1991-92".
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 5160 be read the third time tomorrow.
The following Bill and Joint Resolutions 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. 1217 -- Transportation Committee: A BILL TO AMEND SECTION 56-3-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUND OF MOTOR VEHICLE REGISTRATION FEES, SO AS TO PROVIDE FOR A REFUND FOR A MOTOR VEHICLE ISSUED AN APPORTIONED LICENSE PLATE.
S. 906 -- Senators Courson, Lourie, Wilson, Shealy, Giese, Patterson and Setzler: A JOINT RESOLUTION TO NAME THE SOUTHEASTERN BELTWAY FROM INTERSTATE 20 TO INTERSTATE 26 THE "VETERANS MEMORIAL EXPRESSWAY" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS ON THE EXPRESSWAY WHICH CLEARLY INDICATE THE NAME OF THE EXPRESSWAY.
S. 1322 -- Senators Pope and Wilson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF BILLY DREHER ISLAND STATE PARK AND THE LAKE MURRAY COUNTRY VISITORS CENTER.
The following Joint Resolution was taken up.
H. 5149 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT FACILITY LOCATION STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Reps. SHARPE and SMITH objected to the Joint Resolution.
Rep. SHARPE moved to adjourn debate upon the Joint Resolution until Tuesday, June 5, which was adopted.
Rep. J. ROGERS moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted.
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".
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1736o), which was adopted.
Amend the bill, as and if amended, pages 1 and 2, by striking Section 59-53-2020(A) and inserting:
/(A) The State Board for Technical and Comprehensive Education is authorized to establish a Motorcycle Safety Instruction Program. The board shall designate an individual who is currently an employee of the technical education system to coordinate and administer the program subject to the availability of funds necessary to support such activity. The executive director of the board, or his designee, is responsible for the planning, curriculum, and completion requirements of the program in accordance with subsection (C)./
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc. No. 1804o), which was tabled.
Amend the bill, as and if amended, by striking Section 59-53-2050 of the 1976 Code, as contained in SECTION 1, in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. BEASLEY spoke in favor of the amendment.
Rep. RUDNICK moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3273 -- Reps. Nesbitt, Kirsh, Klapman, Boan, Hayes, Short, Foster and McGinnis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF SCHOOL DISTRICTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1417X), which was tabled.
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. There is proposed that Article X, Section 14(7)(a) of the Constitution of this State be amended to read:
"(a) For any of its corporate purposes in an amount not exceeding eight twelve percent of the assessed value of all taxable property of such the political subdivision; or".
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 14(7)(a) of Article X of the Constitution of this State be amended so as to increase the general obligation debt limit from eight to twelve percent of the assessed value of all taxable property of a political subdivision?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. There is proposed that Article X, Section 15(6) of the Constitution of this State be amended to read:
"(6) In addition to the bonded indebtedness authorized by subsection (5), during the period beginning on the date of the ratification of this article in 1977 and ending on the fifth anniversary of that date, the governing body of any a school district may incur bonded indebtedness to the limit authorized by Section 5, Article X of the Constitution as of January 1, 1976, and upon such terms and conditions as the General Assembly may have heretofore previously provided or may hereafter later prescribe; provided, however that. However, in determining the limit authorized by Section 5, Article X of the Constitution, in the event if the assessed value of all taxable property in any a school district decreases in any year during the aforesaid previously mentioned five-year period to an amount less than the assessed value of all taxable property in any such that school district as of December 31, 1975, the assessed value of all taxable property of any such that school district as of December 31, 1975, shall must be applied in determining any such that school district's bonded indebtedness during the aforesaid previously mentioned five-year period. After the fifth anniversary of that date, the governing body of any school district may incur general obligation debt in an amount not exceeding eight twelve percent of the assessed value of all taxable property of such the school district subject to the provisions of subsection (3) of this section and upon such those terms and conditions as the General Assembly may prescribe.
In computing the eight twelve percent debt limitation imposed by the provisions of this subsection, bonded indebtedness existing on the date of the fifth anniversary of the ratification of this article in 1977 and bonded indebtedness incurred under the provisions of subsection (5) of this section shall must not be considered in the computation of the eight twelve percent limitation."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 15(6) of Article X of the Constitution of this State be amended so as to increase the general obligation debt limit from eight to twelve percent of the assessed value of all taxable property of a school district?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. BLACKWELL proposed the following Amendment No. 2 (Doc. No. 1532o).
Amend the resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. In any county with a population in excess of three hundred thousand, the result of the constitutional amendment ballot in that county shall control whether the bonded indebtedness of any school district, any part of which is located in that county, may be increased beyond eight percent of the assessed value of the district./
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL explained the amendment.
Reps. KOHN, HOLT, HALLMAN, DAVENPORT, LITTLEJOHN, COLE and MAPPUS objected to the Joint Resolution.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: A BILL TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988.
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.
Debate was resumed on Amendment No. 5, which was proposed on Tuesday, May 29, by Rep. NEILSON.
Rep. NEILSON moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4981 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF MUNICIPAL AND COUNTY BUILDING CODES ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL, REQUIREMENTS OF REGISTRATION, PRACTICE, AND RENEWAL, AND REMEDIES AND PENALTIES FOR VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF MUNICIPAL AND COUNTY BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE EXCEPTIONS, PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL AND COUNTY BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS, THE STATE FIRE MARSHAL, AND THE COMMISSIONER OF LABOR.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1319o).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The public policy of South Carolina is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens. To secure these purposes a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and this act is necessary to provide for certification.
SECTION 2. Title 6 of the 1976 Code is amended by adding:
Section 6-8-10. When used in this chapter 'building codes enforcement officer' means a person employed by a public entity responsible in whole or part for the inspection or enforcement of applicable building code requirements within the jurisdiction of the employer.
Section 6-8-20. (A) The South Carolina Building Codes Council is responsible for the registration of building codes enforcement officers pursuant to this chapter. The council or its designated representatives may conduct hearings and proceedings required by law or considered necessary by the council. The Division of General Services of the State Budget and Control Board shall employ and supervise personnel necessary for the administration of this chapter. The council may promulgate regulations for the proper enforcement of this chapter and may prescribe fees or charges necessary to implement its provisions.
(B) The council shall keep a record of its hearings and proceedings and a register of application for the certificates of registration showing the date of application, name, qualifications, and addresses of the business and residence of the applicant and whether the certificate is approved or denied. The council shall publish biannually during odd-numbered years the applications in the register which are approved. Applicants and registrants shall notify the council of changes in required information within ten days of a change.
Section 6-8-30. Certificates of registration may be issued without examination to building codes enforcement officers employed in codes enforcement on the effective date of this chapter only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed.
Section 6-8-40. No person may practice as a codes enforcement officer in this State unless registered as provided in this chapter. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished in the discretion of the court. Each violation is a separate offense.
Section 6-8-50. If the council has reason to believe that a person is violating or intends to violate a provision of this chapter, in addition to other remedies, it may order the person immediately to refrain from the conduct. The council may apply to the court of common pleas for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue any other order in the matter it considers proper. No bond is required of the council by the court as a condition to the issuance of an injunction or order pursuant to this section.
Section 6-8-60. (A) A person desiring to be registered as a building codes enforcement officer as required by this chapter shall apply upon a form prescribed by the council.
(B) An applicant shall furnish satisfactory proof to the council of valid certification by a recognized code organization or testing agency in the general or special capacity in which he desires to be registered. Special certificates of registration authorize the registrant to practice in the named speciality only. General certificates of registration are not restricted. The council or its designated representatives shall review the guidelines employed by the organization or agency in order to determine their continued compatibility with the requirements considered by the council to be consistent with this chapter.
(C) A local jurisdiction may impose additional requirements upon a person employed as a building codes enforcement officer in its jurisdiction.
Section 6-8-70. A certificate of registration is valid for two years and expires on July first of each odd-numbered year unless renewed before that date. A person failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants and may not practice until registered in accordance with this chapter."
SECTION 3. Chapter 9, Title 6 of the 1976 Code, amended by Act 24 of 1987, which added Section 6-9-65, is further amended to read:
Section 6-9-10. The governing body of any incorporated municipality or county All municipalities, as defined by Section 5-1-20, and counties in this State is authorized to shall adopt building, housing, electrical, plumbing, and mechanical, gas, and fire codes, referred to as building codes in this chapter, relating to the construction, livability, sanitation, erection, installation of equipment, alteration, repair, occupancy, or removal of buildings and structures located within its jurisdiction their jurisdictions and promulgate regulations to implement the codes their enforcement. The municipality or county may adopt only the national, regional, or model codes provided in Section 6-9-50.
The codes and the implementing regulations may embrace matters such as the preparation and submission of plans and specifications; the issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship; the establishment of fire zones; fireproofing; means of egress and ingress; floor-area-per-occupant requirements; sanitary facilities and proceedings for the correction of unsafe, unsanitary, or inadequate structures.
The codes and regulations may only be adopted by reference to national, regional, or model codes listed in Section 6-9-60 and to certain special provisions approved by the South Carolina Building Code Council. Nothing in these codes or regulations may extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of equipment or facilities used in the generation, transmission, distribution, or communication of a public or private utility or electric or telephone membership cooperatives, other than buildings used primarily for offices or residential housing nor to equipment or facilities already subject to regulation by the Liquefied Petroleum Gas Board.
With the exception of structures used primarily for offices, storage, warehouses, shop areas, or residential housing, nothing in the building codes or regulations applies to a public utility corporation subject to regulation by the authorities of the South Carolina Public Service Commission or the Liquefied Petroleum Gas Board.
Section 6-9-20. County Municipalities and municipal bodies are authorized to counties may establish regional agreements with other political subdivisions of the State to issue building construction permits and enforce building, electrical, plumbing, gas, housing, and other codes in order to provide the services required in this chapter and more effectively carry out the provisions of this chapter.
Section 6-9-30. The county and municipal governing bodies may appoint building, electrical, plumbing, gas, and housing inspectors and employ other assistants as they may consider necessary and may prescribe fees or charges for permits and inspections. All counties shall appoint a building official or contract with other political subdivisions as authorized in Section 6-9-20 so that the total county area is under the jurisdiction of a building official. Municipalities may appoint a building official or contract with the county building official within the municipal limits. Based on the needs established by each municipality or county, the building official or appointing authority may appoint and employ other personnel and assistants necessary to perform the required inspections and duties and may prescribe fees for construction permits and inspections. The appointment of a building official and the establishment of a building inspection program for all municipalities and counties must be accomplished according to the following dates and populations based on the population figures of the latest official United States Census:
(1) municipalities and counties with a population above 50,000: July 1, 1992;
(2) municipalities and counties with a population of 25,000 to 50,000 July 1, 1993;
(3) municipalities and counties with a population under 25,000: July 1, 1994.
Section 6-9-40. Prior to adoption of any of the codes or regulations permitted in this chapter, the governing body shall hold public hearings on the codes or regulations. Not less than fifteen days' notice of the time and place of the hearings must be published in a newspaper of general circulation in the county. The building codes and standards referenced in Section 6-9-50 must be adopted within six months after the establishment of a building inspection department. State agency adoption of a building code or regulation permitted by this chapter must be accomplished in accordance with the Administrative Procedures Act.
Section 6-9-50. County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, and the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance.
Section 6-9-60. Municipalities or and counties are authorized to may adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code, Standard Existing Buildings Code, Standard Swimming Pool Code, Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance.
Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen members which is established in this section. Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualified. The council shall must include an architect registered in South Carolina, representatives from the Municipal Association of South Carolina, the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, a municipal certified building official, a county certified building official, a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, a general contractor, a residential home builder licensed in South Carolina, a handicapped person, and the Chief Engineer of the State Budget and Control Board a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, a representative designated by the Chief Engineer of the State Budget and Control Board, a structural engineer registered in South Carolina, a certified building inspector, a representative designated by the State Fire Marshal, a representative of local government certified by the State Fire Marshal, and a certified speciality licensed contractor. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by cities municipalities and counties to insure compliance with this chapter.
Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years.
Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The Division of General Services of the State Budget and Control Board shall provide personnel for enforcement of the laws and regulations of the South Carolina Building Code Council council and shall employ and supervise personnel necessary to carry out the its duties of the council.
Within thirty days after its appointment the council shall meet on call by the Chief Engineer of the State Budget and Control Board. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council.
Section 6-9-65. (A) For purposes of this section, 'farm structure' means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm, including, but not limited to, barns, sheds, and poultry houses, but not public livestock areas. For purposes of this section, 'farm structure' does not include a structure originally qualifying as a 'farm structure' but later converted to another use.
(B) The governing body of a county or municipality may not enforce that portion of any a nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. Standards for flood plain management by the Southern Building Code Congress International apply.
(C) The provisions of this section do not apply unless prior to before constructing a farm structure the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm structure. The affidavit must include a statement of purpose or intended use of the proposed structure or addition.
(D) This section does not affect the authority of the governing body of a county or municipality to issue building permits prior to before the construction or improvement of a farm structure.
Section 6-9-70. The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any A person violating the building codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not to exceed one more than two hundred dollars or imprisonment of imprisoned for not more than thirty days, or both. Each day the violation continues is a separate offense.
Section 6-9-80. In case of any For a violation of or proposed violation of the building codes or regulations adopted pursuant to this chapter, the South Carolina Building Code Codes Council, the local building inspectors officials, municipal or county attorneys, or other appropriate authority authorities of the a political subdivision, or any an adjacent or neighboring property owner who would be damaged by the violation may, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding to prevent, correct, or abate the violation or threatened violation.
Section 6-9-90. County or municipal governing bodies are authorized to may appropriate and expend funds to implement the provisions of this chapter.
Section 6-9-100. The provisions of this chapter are cumulative to other authority of counties and municipalities local ordinances and do not limit the authority of counties and or municipalities.
A city or county that has adopted any of the national, regional, or model codes or any other code prior to May 1, 1982, may continue its use.
Section 6-9-110. In no event may any A county, a municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any a building standard be construed to does not apply to any a state department, institution, or agency permanent improvement project, construction project, renovation project, or property. The State Fire Marshal, after successful completion of all requirements, shall certify personnel of the Chief Engineer's Office of the State Budget and Control Board designated by the Chief Engineer, and certified personnel and deputy state fire marshals have exclusive jurisdiction over state buildings, excluding schools, in the exercise of the powers and jurisdictional authority of the State Fire Marshal under Sections 23-9-30, 23-9-40, and 23-9-50.
Section 6-9-120. Nothing in this chapter affects water or sewer systems in this State.
Section 6-9-130. Nothing in this chapter limits or modifies the powers and jurisdictional authority of the Commissioner of Labor."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. KIRSH objected to the Bill.
Rep. NEILSON moved to reconsider the vote whereby S. 981 was given a second reading and the motion was noted.
Rep. NEILSON moved to reconsider the vote whereby Amendment No. 3 on S. 981 was adopted and the motion was noted.
Rep. McLELLAN made a statement relative to the General Appropriation Bill, H. 4800.
Rep. WINSTEAD made a statement relative to the General Appropriation Bill, H. 4800.
Rep. CARNELL made a statement relative to the General Appropriation Bill, H. 4800.
Rep. BLACKWELL moved that second reading Statewide Bills on the contested Calendar be printed by number and status only, which was agreed to.
The question of a quorum was raised.
A quorum was later present.
Rep. McLELLAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
Rep. McEACHIN spoke against granting free conference powers.
Rep. McLELLAN spoke in favor of granting free conference powers.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Barber Beasley Blackwell Boan Brown, H. Brown, R. Bruce Burch Burriss, T.M. Carnell Clyborne Cooper Faber Fant Felder Foster Gregory Harris, J. Harris, P. Harrison Harvin Hayes Hendricks Hodges Holt Huff Johnson, J.W. Keyserling Kinon Kirsh Kohn Limehouse Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McLellan McLeod McTeer Nesbitt Nettles Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Townsend Tucker Vaughn Waites Washington Whipper White Wilder Wilkins Williams, D. Winstead Wofford
Those who voted in the negative are:
Bailey, G. Barfield Baxley Brown, G. Brown, J. Chamblee Cole Corbett Cork Corning Davenport Derrick Fair Farr Gentry Glover Hallman Harwell Kay Keegan Keesley Klapman Koon Littlejohn Mappus McEachin McKay Moss Neilson Phillips Quinn Rama Short Sturkie Taylor Wells Wilkes Wright
So, having failed to receive the necessary vote, free conference powers were rejected.
Rep. McELVEEN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Rep. FELDER spoke in favor of granting free conference powers.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Faber Fair Farr Felder Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Washington Wells Whipper Wilder Wilkes Wilkins Williams, D. Wofford Wright
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. McELVEEN, McEACHIN and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Beg leave to report that they have duly and carefully 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 bill title and inserting:
/ Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 56, Title 44 of the 1976 Code is amended by adding:
"Section 44-56-59. (A) The General Assembly finds:
(1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources;
(2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first;
(3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the state for treatment and disposal of hazardous materials at licensed facilities in the state;
(4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and
(5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous waste treated and disposed of in this state.
(B) Based upon these findings, the General Assembly declares that:
(1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potential risks to human health and the environment, reliance on landfilling must be reduced or eliminated when alternative disposal methods which are technologically and economically feasible are reasonably available within the state; through regional agreements between states; or through other means; and
(2) As this state reduces its reliance on landfilling through its waste minimization practices and other means, the amount of hazardous waste being shipped into this state for landfilling from locations outside of the state should be reduced and eliminated also."
SECTION 2. Section 44-56-60(a) of the 1976 Code is amended to read:
"(a)(1) In order to provide the General Assembly with the information it needs to accomplish the above goals, the Department of Health and Environmental Control shall evaluate annually the effects of new and existing waste management technologies, alternate methods of storage or disposal, recycling, incineration, waste minimization laws and practices, and other factors that tend to reduce the volume of hazardous waste. The results of the Department's evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, in a form that will permit the General Assembly to determine whether or not hazardous waste landfill capacity in this state should be reduced."
(2) No person shall may construct, substantially alter, or operate any a hazardous waste treatment, storage, or disposal facility or site, nor shall any may a person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning on July 1, 1985 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred thirty-five one hundred twenty thousand tons of hazardous waste for the twelve month period ending July 1, 1991. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site.
(3) During a twelve month period, the Commissioner may allow land disposal by burial in excess of the limitation, upon certification of the department that:
(A) disposal by land burial from a particular site in South Carolina is necessary to protect the health and safety of the people of this state; or
(B) at least 110 thousand tons of hazardous waste disposed of by land burial in this state during the twelve month period was generated in South Carolina.
During each twelve month period, a person operating a hazardous waste disposal facility or site shall reserve at least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of by burial at that facility or site during the previous year excluding capacity that was used to dispose of hazardous waste pursuant to subitem (A). No more hazardous waste from out of state shall be buried in South Carolina than was buried in the previous twelve month period.
Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE: AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY./
J. Verne Smith Joseph T. McElveen, Jr. John C. Land, III Daniel M. McEachin, Jr. Douglas L. Hinds Harry M. Hallman, Jr. On the Part of the Senate On the Part of the House
Rep. McELVEEN explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Free 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 COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
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. Section 43-5-590(d) of the 1976 Code is amended to read:
"(d) The department shall create a single and separate organizational unit which is responsible for developing and implementing a federally-approved state plan for child support. The unit shall maintain a parent locator service to locate absent relatives owing or allegedly owing child support utilizing all sources of information and legally available records and the parent locator service of the Federal Department of Health and Human Services, by filing in accordance with Section 453(B) of the Social Security Act. Any A state or local agency or private employer of this State upon request of the Department of Social Services shall provide the department with information regarding the name, address, and social security number of a person owing or allegedly owing an obligation of support for a dependent child. A state or local agency, board, or commission providing this information to the department may not charge the department a fee for the provision of this information. This provision does not apply to information or for vital records furnished by agencies under federal mandate to be reimbursed for information provided to any federal or state agency. The department, upon receipt of this information, may make it available only to the appropriate officials or agencies of this or any other state operating a program pursuant to Title IV-D of the federal Social Security Act."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Donald H. Holland Donna A. Moss W. Richard Lee John C. Rama Kay Patterson Lucille S. Whipper On the Part of the Senate On the Part of the House
Rep. MOSS explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. McLELLAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Davenport Derrick Elliott Faber Fant Farr Felder Foster Gentry Glover Gregory Harris, J. Harris, P. Harrison Harvin Hayes Hendricks Hodges Holt Huff Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Baxley Corbett Hallman Harwell Johnson, J.C. Koon Mappus McEachin McKay Short
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. McLELLAN, CARNELL and WINSTEAD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. BOAN moved that when the House adjourns it adjourn to meet at 10:30 A.M. tomorrow, which was agreed to.
Rep. LIMEHOUSE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5076 -- Reps. Tucker, Quinn, Fant, Townsend, Kay, P. Harris, Hendricks, Beasley, Cooper, T.M. Burriss, Chamblee, Simpson, L. Martin, McLellan, Mattos, Harrison, Limehouse, Rama, Corbett, G. Bailey, Farr, Haskins, Vaughn, T.C. Alexander, Phillips, McAbee, Wright and Carnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY NAME THE BASEBALL FIELD AT THE UNIVERSITY BILL WILHELM FIELD.
H. 5163 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND MRS. EDITH DUNMYER HOWELL OF CHARLESTON COUNTY FOR THIRTY-ONE YEARS OF EXEMPLARY SERVICE AS A TEACHER OF YOUNG ELEMENTARY STUDENTS, UPON HER RETIREMENT.
H. 5166 -- Rep. Sturkie: A CONCURRENT RESOLUTION COMMENDING DOUGLAS MCDOWELL (DOUG) BENNETT OF LEXINGTON COUNTY FOR HIS MANY YEARS OF DEVOTED SERVICE TO EDUCATION AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
H. 5167 -- Reps. McLellan and T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. SAM LOWRY OF SENECA FOR THEIR TWENTY-SIX YEARS OF COMBINED VOLUNTARY SERVICE TO OCONEE COUNTY, UPON THE OCCASION OF THEIR RETIREMENT FROM THE RESPECTIVE OFFICES WHICH THEY HOLD.
At 4:35 P.M. the House in accordance with the motion of Rep. BOAN adjourned to meet at 10:30 A.M. tomorrow.
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