Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Psalmist in Psalm 33 (vv. 1-4):
"Shout for joy before the Lord,
you who are righteous;
Praise comes well from the upright,
Give thanks to the Lord on the harp;
Sing Him psalms to the ten-stringed lute.
Sing to Him a new song;
Strike up with all your heart and
shout in triumph."
Let us pray.
O Lord of all the earth... space... and stars and other planets: it could have been springtime on our planet when the psalmist sang this "new song" of praise.
The world is so wonderful... and so beautiful... and so fresh... and new... except human relationships. That is our sad song!
Help us to see, dear Lord, that the psalmist is more profound, and realistic, than our poet who said,
"God's in His heaven,
And all's right with the world".
We believe that the psalmist knew better. All was not right then... nor is it any better today. The thing that makes for a "new song" is a new... faith/trust... relationship with the living God.
Help us to sing the "new song" each day that You bring forth in the Spring... new buds... and blossoms... the promise of new fruit... and also, by Your grace, a new spirit in human relationships... otherwise known as the GRACE OF GOD.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator WILSON introduced Dr. Ben Wright of Columbia, Doctor of the Day.
Senator HELMLY requested and was granted a leave of absence for the remainder of the day.
Senator MARTSCHINK requested and was granted a leave of absence for the remainder of the day.
Senator LOURIE requested and was granted a leave of absence from 6:00 until 9:00 P.M. today.
Columbia, S.C., April 26, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. McLellan, R. Brown and Mappus of the Committee of Conference on the part of the House on:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 26, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-516, H. 4895 by a vote of 4 to 0:
(R516) H. 4895 -- Reps. Townsend, Kay, P. Harris, Chamblee and Cooper: AN ACT TO AMEND ACT 549 OF 1973, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
Very respectfully,
Speaker of the House
(R516) H. 4895 -- Reps. Townsend, Kay, P. Harris, Chamblee and Cooper: AN ACT TO AMEND ACT 549 OF 1973, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
On motion of Senator MULLINAX, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator MULLINAX moved that the veto by the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto by the Governor was overridden.
Columbia, S.C., April 26, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-512, H. 4833 by a vote of 3 to 0:
(R512) H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.
Very respectfully,
Speaker of the House
(R512) H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.
On motion of Senator WILSON, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator WILSON moved that the veto by the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto by the Governor was overridden.
S. 1563 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING ACHIEVEMENTS BY WANDA L. WIGGINS OF BAMBERG-EHRHARDT HIGH SCHOOL AS A STUDENT LEADER AND SUPERB STUDENT ATHLETE.
Returned with concurrence.
Received as information.
S. 1569 -- Senators Lourie, Giese, Courson and Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND ENCOURAGE THE MENTAL HEALTH ASSOCIATION IN MID-CAROLINA, IN CONJUNCTION WITH THE NATIONAL MENTAL HEALTH ASSOCIATION AND ITS AFFILIATED CHAPTERS AND DIVISIONS NATIONWIDE, AS THEY ENDEAVOR TO EDUCATE THE CITIZENS OF THIS COMMUNITY, STATE, AND NATION ON THE IMPORTANCE OF A CHILD-CENTERED, FAMILY-FOCUSED, AND COMMUNITY-BASED MENTAL HEALTH SERVICE SYSTEM.
Returned with concurrence.
Received as information.
Columbia, S.C., April 26, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 467 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.
asks for a Committee of Conference and has appointed Reps. Rhoad, Bennett and K. Bailey of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators DRUMMOND, McCONNELL and LONG of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., April 26, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.
asks for a Committee of Conference and has appointed Reps. McAbee, Farr and Gentry of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators DRUMMOND, McCONNELL and LONG of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., April 10, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: 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.
Very respectfully,
Speaker of the House
On motion of Senator WILLIAMS, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators HOLLAND, McCONNELL and MATTHEWS of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
On motion of Senator McLEOD, with unanimous consent, the Bill was recalled from the Legislative Council.
On motion of Senator McLEOD, with unanimous consent, the vote whereby the Senate concurred in the House amendments was reconsidered.
Senator BRYAN proposed the following amendment (Doc. No. 1733X), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 6, by adding before the quotes at the end of the section:
/Section 44-66-80. No provision in this chapter affects the ability of a state agency or health care provider working in conjunction with a state agency to conduct testing or provide treatment which is mandated or allowed by other provisions of law./
Amend further by deleting SECTION 2, page 6, beginning on line 25.
Renumber sections to conform.
Amend title to conform.
On motion of Senator McLEOD, the Bill was ordered returned to the House with amendments.
S. 1276 -- Senators Nell W. Smith, Helmly, Leatherman, Martschink, Moore, Setzler, Waddell, Wilson, Peeler, Giese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120, SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A NURSE-STUDENT RATIO OF AT LEAST ONE NURSE TO EVERY TWO THOUSAND STUDENTS BY SCHOOL YEAR 1991-92, AND TO PROVIDE FOR A FUNDING PLAN TO BE DEVELOPED BY THE STATE DEPARTMENT OF EDUCATION TO SUPPLEMENT THE FUNDS AVAILABLE TO THE SCHOOL DISTRICTS TO IMPLEMENT THE ABOVE PROVISIONS.
On motion of Senator SETZLER, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator SETZLER, the Bill was ordered placed on the Calendar for consideration tomorrow.
S. 1394 -- Senator Lourie: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCREASE THE FEE, ALLOW A COLLEGE OR UNIVERSITY TO SUBMIT A SYMBOL FOR APPROVAL AND REQUEST A CHANGE IN THE SYMBOL, AND PROVIDE FOR DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS.
On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.
Senator LOURIE proposed the following amendment (Doc. No. 3618R, G2), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read as follows:
/SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-3950. The department may issue a special commemorative 'Keep South Carolina Beautiful' motor vehicle license plate to establish a special fund to be used by the department for the purposes of beautifying the state's roads and highways. The annual fee for the commemorative license plate is twenty-seven dollars each year and of this amount twelve dollars of this fee must be placed in a special 'Keep South Carolina Beautiful' fund. This annual fee is in addition to the regular motor vehicle registration fee as set forth in in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates, and must be imprinted with the words 'Keep South Carolina Beautiful'. The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued.
Section 56-3-3960. A special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the department. It is unlawful for any person to whom such a commemorative license plate has been issued knowingly to permit the plate to be displayed on any vehicle except the one authorized by the department.
Section 56-3-3970. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative thereto."/
Amend title and renumber sections to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LOURIE, with unanimous consent, S. 1394 was ordered to receive a third reading on Friday, April 27, 1990.
On motion of Senator LOURIE, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Mrs. I. DeQuincey Newman, who was accompanied by Senator PATTERSON and Ms. Karen Grant, on the occasion of the presentation of a Resolution.
The following were introduced:
S. 1570 -- Senators Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A SENATE RESOLUTION TO EXTEND THE SENATE'S HEARTIEST CONGRATULATIONS AND VERY BEST WISHES TO FRANK B. CAGGIANO, CLERK OF THE SENATE, ON HIS THIRTY-NINTH BIRTHDAY.
On motion of Senator WILLIAMS, with unanimous consent, the Senate Resolution was adopted.
S. 1571 -- Senators J. Verne Smith, Bryan, Mitchell, Stilwell and Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE NIC FARMER OF GREENVILLE FOR WINNING THE INDIVIDUAL MALE COMPETITION AT THE REEBOK NATIONAL AEROBIC CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1572 -- Senators Lourie, Wilson and Giese: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HIS EXCELLENCY VACLAV HAVEL ON HIS ELECTION AS PRESIDENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1573 -- Senators McConnell, Martschnk, Fielding, Rose, Passailaigue, Helmly and Matthews: A BILL TO AMEND SECTION 59-53-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AREA COMMISSION FOR THE BERKELEY-CHARLESTON-DORCHESTER TECHNICAL EDUCATION CENTER, SO AS TO CHANGE THE NAME TO THE AREA COMMISSION FOR TRIDENT COLLEGE AND TO DELETE THE PROVISIONS FOR INITIAL APPOINTMENTS OF COMMISSION MEMBERS.
Read the first time and referred to the Committee on Education.
S. 1574 -- Senators Pope, Setzler and Giese: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO PROVIDE THAT, EFFECTIVE FOR THOSE RETIRING AFTER JUNE 30, 1990, EMPLOYEES RETIRING FROM STATE EMPLOYMENT SHALL RECEIVE ONE MONTH'S SERVICE CREDIT FOR EACH TWENTY-TWO DAYS OF UNUSED SICK LEAVE.
Read the first time and referred to the Committee on Finance.
S. 1575 -- Senator Russell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WARBIRDS, INC., IN SPARTANBURG COUNTY.
Read the first time and referred to the Committee on Judiciary.
S. 1576 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 1577 -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE THE LATE SENATOR I. DEQUINCEY NEWMAN UPON THE SEVENTY-NINTH ANNIVERSARY OF HIS BIRTH, APRIL 17, 1990, AND TO REMEMBER OUR RESPECTED FRIEND AND COLLEAGUE FOR THE MANY CONTRIBUTIONS HE MADE TO THE QUALITY OF LIFE IN OUR GREAT STATE.
On motion of Senator LOURIE, with unanimous consent, the Senate Resolution was adopted.
H. 3237 -- Rep. Limehouse: A BILL TO AMEND SECTION 40-6-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF AN AUCTIONEER'S LICENSE, SO AS TO ADD AS A GROUND CONVICTION OF A FELONY.
Read the first time and referred to the General Committee.
H. 3930 -- Reps. Whipper, Barber, Washington, Wilkes, Mappus, D. Martin, Winstead and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Read the first time and referred to the Committee on Transportation.
H. 4645 -- Reps. Beasley, Hayes and Fair: 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.
Read the first time and referred to the Committee on Medical Affairs.
H. 4815 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ARCHITECTURAL-ENGINEERING OR LAND SURVEYING CONTRACTS, SO AS TO CLARIFY THE PROVISIONS GOVERNING THE NEGOTIATION AND AWARD OF SMALL CONTRACTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4850 -- Rep. Baxley: A BILL TO AMEND TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS AND AGENTS BY ADDING CHAPTER 4 SO AS TO PROVIDE FOR CERTAIN REGULATION OF CONTRACTS FOR PRINT OR MEDIA ADVERTISING.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
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.
Read the first time and referred to the Committee on Judiciary.
H. 4879 -- Rep. Wilkins: A BILL TO AMEND SECTION 17-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE COMMISSION ON APPELLATE DEFENSE AND ITS MEMBERS, SO AS TO CHANGE THE PERSON TO SERVE FROM THE SOUTH CAROLINA BAR ASSOCIATION AND THE SOUTH CAROLINA TRIAL LAWYER'S ASSOCIATION AND TO SET THE TERMS FOR THE MEMBERS.
Read the first time and referred to the Committee on Judiciary.
H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.
Read the first time and referred to the Committee on Transportation.
H. 4958 -- Reps. Wilkins, Sharpe, G. Bailey, Rama, Hallman, Nettles, Wofford, Wells, H. Brown, McGinnis and Mappus: A BILL TO AMEND SECTION 24-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITNESSES AT AN EXECUTION UNDER THE DIRECTION OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, SO AS TO REVISE THE PROVISIONS PERTAINING TO WHO MAY SERVE AS A WITNESS, PROVIDE FOR THE PROMULGATION OF REGULATIONS, AND PROHIBIT AUDIO RECORDERS, CAMERAS, AND RECORDING DEVICES IN THE CAPITAL PUNISHMENT FACILITY DURING AN EXECUTION.
Read the first time and referred to the Committee on Corrections and Penology.
H. 5010 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1229, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5014 -- Reps. J. Bailey and Sheheen: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.
Read the first time and referred to the General Committee.
H. 5017 -- Rep. Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.
Read the first time and referred to the Committee on Banking and Insurance.
Senator HOLLAND, with unanimous consent, was recognized to make a statement on S. 1530 as follows:
Ladies and Gentlemen of the Senate:
I rise today to inform you of my grave concern for a most important piece of legislation, S. 1530, the Senate Judiciary Committee's Omnibus Drug Act.
Many of you may not know--so I will tell you--the State Law Enforcement Division, the solicitors of South Carolina, and the Attorney General of this State are fighting a war against drugs with outmoded weapons. Many of the statutes we have on the books simply don't work. Convictions and indictments are being thrown out everyday because our drug statutes have not kept up with the space-age technology of the drug dealers.
In S. 1530, the Senate Judiciary Committee chiseled out a workable compromise that would give these law enforcement officials tools and weapons that would work. If we don't pass S. 1530, it will be a slap in the face to these people who put their lives on the line every day to protect our children against drugs.
I appreciate that the subject of drug crime is a very heated one. There are positions across the spectrum of political thought that rise up every time we take on the issue of drug legislation; however, it was our position in the Judiciary Committee that we handle the necessities which could be passed without delay rather than bogging down the legislation with numerous controversial proposals. I think Senator McConnell will attest to the fact that S. 1530, as reported out by the Judiciary Committee, achieved this intent.
I promised several members of the Senate yesterday that I would not object to consideration of their amendments to S. 1530, if they could be handled in an expeditious fashion. Unfortunately, the political realities of handling controversial measures has now dropped the hammer on this legislation. This Bill is dead.
I cannot accept that this body, with all of its wisdom, would deny our law enforcement officers the very tools they need to do their jobs. My last motion or request on this Bill will be that we reconsider the adoption of all amendments added to S. 1530 yesterday, aside from my technical, perfecting amendments and send the Bill on to the House prior to the fatal May 1 deadline.
If this body cannot agree to this request, my conscience will be clean, for I will have met my duty to Chief Stewart and the many others who asked for our help. But I will be saddened that this body allowed personal agendas, whether they be right or wrong, to impede the progress of this legislation.
I now make that request.
(On motion of Senator HOLLAND, with unanimous consent, ordered printed in the Journal.)
Senator WADDELL, with unanimous consent, was recognized to make a report to the members of the Senate regarding the work of the Committee on Finance relating to the General Appropriation Bill, H. 4800.
On motion of Senator WILLIAMS, with unanimous consent, all uncontested House Bills would be carried over.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3931 -- Reps. Cole, Ferguson, Lanford, Littlejohn, Bruce and Wells: A BILL TO AMEND SECTION 29-3-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRY OF RELEASE OF MORTGAGE ON LAND SOLD IN A FORECLOSURE SALE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO REQUIRE THE OFFICER OF THE COURT MAKING THE SALE TO CAUSE TO BE RECORDED IN THE OFFICE WHERE THE FORECLOSED MORTGAGE IS RECORDED A RELEASE, CANCELLATION, AND SATISFACTION OF THE LIEN IN THE PRESCRIBED FORM; TO AMEND SECTION 29-3-790, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE FORM OF RELEASE OF THE LIEN, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO PROVIDE THAT THE RELEASE, CANCELLATION, AND SATISFACTION OF LIEN REQUIRED UNDER SECTION 29-3-780 MUST BE MADE IN WRITING AND SIGNED BY THE OFFICER AND MUST BE SET FORTH IN A SPECIFIED FORM; AND TO REPEAL SECTION 45-97.1, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE PROVISION OF LAW THAT SECTION 45-97 OF THE 1962 CODE (THE MARKING OF SATISFACTION OF FORECLOSED MORTGAGES) DOES NOT APPLY IN SPARTANBURG COUNTY.
H. 4263 -- Reps. Wilkins and Nettles: A BILL TO REPEAL SECTION 14-7-1595, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF CERTAIN COUNTY GRAND JURY MATTERS.
The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 732 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.
S. 1446 -- Senators O'Dell, Mullinax, Hayes, Saleeby, McLeod, Giese and Rose: A BILL TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY NOT ABANDON THE ACTION AFTER TAKING POSSESSION IF MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY, EXCEPT WITH THE LANDOWNER'S CONSENT; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.
S. 1511 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION AND TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT OR PARENTS HAVE BEEN ARRESTED.
S. 1555 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1556 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ENDANGERED SPECIES LIST, DESIGNATED AS REGULATION DOCUMENT NUMBER 1256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1557 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO BIRDS, FISH, REPTILES, AND MAMMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1255, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1560 -- Senator Holland: A BILL TO AMEND SECTION 37-2-202, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES ADDITIONAL TO THE CREDIT SERVICE CHARGE THAT A CREDITOR MAY CONTRACT FOR, SO AS TO PROVIDE THAT CHARGES MAY INCLUDE CHARGES FOR ACCIDENT AND HEALTH INSURANCE RATHER THAN ACCIDENT OR HEALTH INSURANCE, AND TO PROVIDE THAT A CHARGE MAY BE MADE FOR UNEMPLOYMENT INSURANCE COVERAGE.
S. 1562 -- Senators Long, Drummond, Land and Leatherman: A JOINT RESOLUTION TO EXTEND THE PERIOD WHEN WHITE PERCH MAY BE SOLD FROM MAY 1 THROUGH MAY 31 FOR THE YEAR 1990 ONLY.
S. 984 -- Senator Russell: A BILL TO AMEND SECTION 9-11-48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR TRANSFERRING A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS TO THE POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO PROVIDE ALTERNATIVE REQUIREMENTS FOR THE TRANSFER.
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 Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator POPE proposed the following amendment (Doc. No. 3655R, G2), which was adopted:
Amend the Joint Resolution, as and if amended, page 1322-2, lines 27-28 by striking the words: /Billy Dreher Island State Park and/
Amend further, page 1322-2, by striking lines 35-42 in their entirety and inserting in lieu thereof the following:
/Highways and Public Transportation is directed to erect directional signs on/.
Amend further, page 1322-3, line 7 by deleting the words /Newberry and/
Amend further, page 1322-3, line 8 by striking the word /Delegations/ and inserting the word /Delegation/.
Amend the title, as and if amended, page 1322-2, line 15 by deleting the title in its entirety and inserting the following in lieu thereof:
/TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE LAKE MURRAY COUNTRY VISITORS CENTER./.
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.
S. 1482 -- Senators Gilbert, Hinds, Shealy, McConnell, Moore and Stilwell: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PARDONS, SO AS TO PROVIDE THAT THE GRANTING OF A PARDON OPERATES AS AN ORDER OF EXPUNGEMENT OF ALL OFFICIAL RECORDS RELATING TO THE CONVICTION FOR WHICH THE PARDON IS GRANTED AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL INSURE THAT THE EXPUNGEMENT IS IMPLEMENTED.
On motion of Senator HINDS, with unanimous consent, the Bill was taken up for immediate consideration.
Senator HINDS proposed the following amendment (Doc. No. 3659R, G2), which was adopted:
Amend the bill, as and if amended, page 1482-2, line 30 by inserting the word /criminal/ after the word /the/.
Amend further, page 1482-3, line 2 by inserting after the word /the/ the word /criminal/.
Amend title to conform.
Senator HINDS explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
On motion of Senator NELL W. SMITH, with unanimous consent, the Bill was taken up for immediate consideration.
Senators NELL W. SMITH and BRYAN proposed the following amendment (Doc. No. 1380o), which was adopted:
Amend the bill, as and if amended, Section 20-7-600(H), as contained in SECTION 3, page 7, line 31, after /court./ by inserting /However, a juvenile must not be detained in secure confinement in excess of ninety days./.
Amend further by striking Section 20-7-3230(A)(4), as contained in SECTION 4, beginning on page 8 and line 36, and inserting:
/ (4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include a secure juvenile detention center. However, this secure juvenile detention center shall cease to be operated as a preadjudicatory juvenile detention center two years after the facility becomes operational unless specifically renewed and reauthorized as a preadjudicatory juvenile detention center by the General Assembly. The size and capacity of this juvenile detention facility must be determined by the department after its consideration and review of recognized national standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of its juvenile detention center and in providing for the construction and operation of the facility. However, the size and capacity of this juvenile detention center may not exceed thirty beds. Upon completion of construction and upon the department's determination that the facility is staffed in accordance with existing standards and, therefore, can be operated in accordance with these standards, the department shall determine and announce the maximum operational capacity of the facility. Before September 2, 1990, the department shall determine and announce the anticipated maximum operational capacity of this facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing this facility upon the facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, of the availability of this facility, and of the per diem and transportation requirements set forth in this section if this facility is to be used by the county. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. A juvenile must not be ordered detained by the court in this juvenile detention center nor may the department accept a juvenile into this facility if his detention causes the department to exceed the published operational capacity. A juvenile ordered detained in this facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The department shall determine an amount of per diem for each child detained in this center, which must be paid by the committing county. The per diem paid by the county may not exceed the daily average cost of a juvenile committed to the department and must be placed in a separate account by the department for operation of this facility./
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 1077 -- Senators Rose and Wilson: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TREATMENT OF JUVENILE OFFENDERS, SO AS TO PROVIDE THAT NO CHILD MAY BE HELD IN AN ADULT FACILITY FOR MORE THAN SIX HOURS AND TO REDUCE FROM FORTY-EIGHT TO TWENTY-FOUR HOURS THE TIME DURING WHICH A DETENTION HEARING MUST BE HELD IF A CHILD IS NOT RELEASED.
On motion of Senator ROSE, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator ROSE, the Bill was recommitted to the Committee on Judiciary.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1568 -- Senator Nell W. Smith: A BILL TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN PICKENS COUNTY, AND TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE SYSTEM AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA.
H. 5044 -- Rep. Jaskwhich: A BILL TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.
The following Bills were carried over:
H. 4209 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.
(On motion of Senator WILLIAMS)
S. 1204 -- Senators Gilbert, Nell W. Smith, McGill, Mitchell, O'Dell and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 20 SO AS TO ENACT "THE PARENTAL RESPONSIBILITIES ACT".
(On motion of Senator STILWELL)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE proposed the following Amendment No. 51 (Doc. No. 1342o), which was adopted:
Amend the bill, as and if amended, by striking Section 12-7-1255(B), as contained in SECTION 4, beginning on page 1182-103 and line 35, and inserting:
/(B) Not later than one year after the effective date of this section, the South Carolina Tax Commission, with technical assistance from the South Carolina Department of Health and Environmental Control, shall promulgate regulations implementing this section, which must include criteria for determining the recycling equipment which qualifies for the recycling equipment tax credit. The commission also shall establish a precertification procedure so that equipment is certified as qualifying recycling equipment before a taxpayer places equipment in service or modifies equipment./
Amend title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 52 (Doc. No. 1341o), which was adopted:
Amend the bill, as and if amended, Section 44-95-170(E), as contained in SECTION 1, page 1182-53, line 11, after /charged./ by inserting /Counties may charge a tipping fee of up to one dollar and fifty cents for each scrap tire manufactured in this State for which no fee has been paid otherwise./
Amend title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 52 (Doc. No. 1338o), which was adopted:
Amend the bill, as and if amended, by striking Section 44-95-170(A), as contained in SECTION 1, page 1182-51, beginning on line 8, and inserting:
/(A) Not later than ninety days after the effective date of this chapter, the owner or operator of a waste tire site shall notify the department of the site's location and size and the approximate number of waste tires that are accumulated at the site. However, this section does not apply to a manufacturer who disposes only of tires generated in the course of its scientific research and development activities, so long as the waste tires are buried on the facility's own land or that of its affiliates or subsidiaries and the disposal facility is in compliance with all applicable regulations./
Amend title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 54 (Doc. No. 1339o), which was adopted:
Amend the bill, as and if amended, Section 44-95-320(B)(1), page 1182-79, after line 19, by adding an appropriately lettered subitem to read:
/( ) the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the rate at which the facility will receive that waste./
Renumber subitems to conform.
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LEVENTIS moved that the amendment be adopted.
Senator MULLINAX raised a Point of Order that the amendment was out of order inasmuch as it was substantially the same as a previous amendment, which had been tabled.
Senator McCONNELL spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order raised by Senator MULLINAX and stated that the prior amendment had been offered on second reading.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Martin Moore Mullinax Williams
NAYS
Bryan Courson Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Lee Leventis Macaulay Martschink Matthews McConnell McGill McLeod Mitchell O'Dell Passailaigue Peeler Pope Rose Russell Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Wilson
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
Senators ROSE and LEVENTIS proposed the following Amendment No. 57 (Doc. No. 3589R, G2), which was tabled:
Amend the bill, as and if amended, by adding a new section to Article 2 to read as follows:
/Section 44-95-296. Operator Responsibility.
The permitted operator of the site and any corporation or other entity owning a controlling interest in another corporation or other entity which is operating a permitted solid waste management facility, or any corporation or entity owning a controlling interest in such an entity, is jointly and severally liable for any damage to the environment or to any person or property resulting from the storage or disposal of waste material at the permitted site. Any parent corporation or other entity owning a controlling interest in any of the business entities described in this section shall also be jointly and severally liable for any damage to the environment or to any person or property resulting from the storage or disposal of waste material at the permitted site./.
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator SETZLER assumed the Chair.
Senator ROSE argued in favor of the adoption of the amendment and Senators HINDS and MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HINDS proposed the following Amendment No. 58 (Doc. No. 1359o), which was adopted:
Amend the bill, as and if amended, by striking Section 44-95-120(A)(4) and (5), page 1182-36, beginning on line 8, and inserting:
/(4) funding demonstration projects or pilot programs to be conducted by local governments within their jurisdictions, including local governments which contract with private entities to assist in conducting the demonstration projects or pilot programs;
(5) funding grants to local governments to carry out their responsibilities under this article, pursuant to the provisions of Section 44-95-130, including local governments which contract with private entities to assist in carrying out their responsibilities under this article./
Amend title to conform.
Senator HINDS argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 55 (Doc. No. 1340o), which was adopted:
Amend the bill, as and if amended, Section 44-95-80(M), as contained in SECTION 1, page 1182-28, line 33, after /(M)/, by inserting /(1)/.
Amend further, Section 44-95-80(M), as contained in SECTION 1, page 1182-29, line 13, after /located./ by inserting:
/(2) In addition to all other fees provided in this chapter, there is imposed a fee of ten dollars for each ton on all solid waste generated out of state and disposed of in this State. The revenue generated from the imposition of the ten dollar fee must be deposited in the Solid Waste Management Trust Fund established in Section 44-95-120./
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 59 (Doc. No. 1360o), which was adopted:
Amend the bill, as and if amended, Section 44-95-80(A)(8), as contained in SECTION 1, page 1182-24, line 33, by striking /resources/ and inserting /resource/.
Amend further by striking Section 44-95-80(A)(9), as contained in SECTION 1, page 1182-25, beginning on line 19, and inserting:
/ (9) a description of efforts, in addition to the recycling program, which will be undertaken within that county or region to meet the solid waste reduction goal as established on a statewide basis in Section 44-95-50./
Amend title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
The PRESIDENT assumed the Chair.
Senator ROSE proposed the following Amendment No. 60 (Doc. No. 3649R, G2), which was adopted:
Amend the bill, as and if amended, page 1182-5, Section 44-95-20(B)(7), line 18, by adding the following after the word /municipality/ and before the /;/:
/, when it is cost effective to do so/
Amend title and renumber sections to conform.
Senator ROSE explained the amendment.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 62 (Doc. No. 3651R, G2), which was tabled:
Amend the bill, as and if amended, page 1182-73, Section 44-95-300(A), line 26, by striking the word /may/ and inserting the word /must/ in lieu thereof.
Amend the bill further, as and if amended, page 1182-76, Section 44-95-300(G), by striking line 28 and inserting in lieu thereof:
/responsible party may not be required by the department to/
Amend the bill further, as and if amended, page 1182-76, Section 44-95-300(G), by striking lines 30 and 31 and inserting in lieu thereof:
/subsection (A) of this section, but may submit in lieu thereof reports to the department covering its structure/
Amend the bill further, as and if amended, page 1182-77, Section 44-95-300, by adding a new subsection (L) after line 38, to read:
/(L) The information required pursuant to this section shall be subject to disclosure pursuant to the Freedom of Information Act./
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator ROSE moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator ROSE proposed the following Amendment No. 63 (Doc. No. 3657R), which was tabled:
Amend the bill, as and if amended, page 1182-74, Section 44-95-300(B), line 28, by striking the word /may/ and inserting the word /must/ in lieu thereof.
Amend further, page 1182-74, Section 44-95-300(B), by deleting lines 28-45.
Amend further, page 1182-75, Section 44-95-300(C), by striking lines 1-39.
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator ROSE moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE asked unanimous consent to have a roll call vote.
The result of the vote having already been announced, Senator J. VERNE SMITH objected.
Senators GIESE, SHEALY, HINSON and ROSE proposed the following Amendment No. 64 (Doc. No. 1384o), which was tabled:
Amend the bill, as and if amended, by adding a new Section 44-95-395 immediately following Section 44-95-390 which begins on page 87 to read:
/Section 44-95-395. Special wastes, as defined in Section 44-95-390, must be buried in a separate part of a municipal solid waste landfill, and separate charges are authorized for the disposal of special wastes at these landfills./
Amend title to conform.
Senator GIESE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator GIESE argued in favor of the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Hayes Hinds Lee Lourie Martin Matthews Moore Mullinax O'Dell Patterson Peeler Pope Saleeby Setzler Smith, J.V. Smith, N.W. Stilwell Waddell Williams Wilson
NAYS
Giese Leventis Macaulay Martschink McConnell McGill Mitchell Passailaigue Rose Shealy Thomas
The amendment was laid on the table.
Senator POPE proposed the following Amendment No. 65 (Doc. No. 1382o), which was tabled:
Amend the bill, as and if amended, by striking Section 44-95-290(A), as contained in SECTION 1, page 1182-69, beginning on line 26, and inserting:
/(A) No person may operate a solid waste management facility without a permit from the department. A separate permit is required for each site or facility. In permitting a municipal solid waste landfill, the department shall establish two classes of permits, as follows:
(1) A municipal solid waste (Class A) landfill permit must be issued by the department for a municipal solid waste landfill designed for the disposal of household solid waste, commercial solid waste, and inert industrial solid waste which does not include special waste.
(2) A municipal solid waste (Class B) landfill permit must be issued by the department for a municipal solid waste landfill designed for the disposal of industrial solid waste and special waste as defined in Section 44-95-390./
Amend further, Section 44-95-320(A), as contained in SECTION 1, page 1182-78, line 38, after /waste./ by inserting:
/In developing these regulations, the department shall provide for and distinguish between a municipal solid waste (Class A) landfill designed for the disposal of household solid waste, commercial solid waste, and inert industrial solid waste which does not include special waste and a municipal solid waste (Class B) landfill designed for the disposal of industrial solid waste and special waste as defined in Section 44-95-390./
Amend further, Section 44-95-330(A), as contained in SECTION 1, page 1182-79, by striking lines 41-45, and inserting:
/(A) In addition to the requirements imposed by any other provision of this article, the regulations promulgated by the department must provide for and distinguish between a municipal solid waste (Class A) landfill designed for the disposal of household solid waste, commercial solid waste, and inert industrial solid waste which does not include special waste; and a municipal solid waste (Class B) landfill designed for the disposal of industrial solid waste and special waste as defined in Section 44-95-390 and require, at a minimum, the following for new and existing municipal solid waste landfills:/
Amend further by striking Section 44-95-390(B), as contained in SECTION 1, page 1182-89, beginning on line 10, inserting:
/(B) A special waste must not be disposed of nor accepted for disposal at a municipal solid waste (Class A) landfill. A special waste must be disposed of at a municipal solid waste (Class B) landfill with the prior written approval by the disposal facility in accordance with department requirements and with the prior written notification and consent of the governing body of the county in which the municipal solid waste (Class B) landfill is located./
Amend title to conform.
Senator POPE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator POPE moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Hayes Hinds Hinson Lee Lourie Martin Matthews Moore Mullinax O'Dell Patterson Peeler Saleeby Smith, J.V. Smith, N.W. Stilwell Waddell Williams Wilson
NAYS
Giese Gilbert Leventis Macaulay Martschink McConnell McGill Mitchell Passailaigue Pope Rose Setzler Shealy Thomas
The amendment was laid on the table.
Senators HINSON and SHEALY proposed the following Amendment No. 66 (Doc. No. 1345o), which was withdrawn:
Amend the bill, as and if amended, in Section 56-1-720 of the 1976 Code, as contained in SECTION 3, by striking:
/Dumping litter on public
or private property or waters ................2./
on lines 16 and 17 of page 102.
Amend title to conform.
Senator HINSON argued in favor of the adoption of the amendment and Senator MOORE argued contra.
On motion of Senator HINSON, with unanimous consent, the amendment was withdrawn.
Senators HINSON and SHEALY proposed the following Amendment No. 67 (Doc. No. 1372o), which was tabled:
Amend the bill, as and if amended, in Section 56-1-720 of the 1976 Code, as contained in SECTION 3, by inserting immediately after /waters/ on line 17 of page 102 the following:
/, if the presiding judicial official in sentencing the person for this violation orders these points to be assessed against this person's driving record/.
Amend title to conform.
Senator HINSON argued in favor of the adoption of the amendment.
Senator SHEALY made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Fielding Giese Gilbert Hayes Hinds Hinson Holland Leatherman Lee Leventis Lourie Macaulay Martin Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
Senator HINSON continued to argue in favor of the adoption of the amendment and Senator STILWELL argued contra.
Senator HINSON moved that the amendment be adopted.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MOORE proposed the following Amendment No. 68 (Doc. No. 1385o), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-95-60(A)(5), as contained in SECTION 1, page 1182-16, beginning on line 35.
Amend further, Section 44-95-50(E), as contained in SECTION 1, page 1182-15, line 42, after /reduction./ by inserting /It is the goal of this State to recycle, on a statewide basis, at least twenty-five percent, calculated by weight, of the total solid waste stream generated in this State not later than six years after the date of enactment of this chapter./.
Amend further, Section 44-95-130(C), as contained in SECTION 1, page 1182-37, line 36, by striking /five/ and inserting /six/.
Renumber items to conform.
Amend title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senators THOMAS, WILSON and RUSSELL proposed the following Amendment No. 69 (Doc. No. 1742X), which was tabled:
Amend the bill, as and if amended, in Section 44-95-190 of the 1976 Code, as contained in SECTION 1, on page 59, immediately after line 25, by adding a new subsection to read:
/(F) The provisions of this section do not apply to the operator of a municipal solid waste landfill if the operator of the landfill determines that it is economically unsound to maintain a separate waste composting facility./
Renumber subsections to conform
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Giese Gilbert Hayes Hinds Leatherman Lee Lourie Matthews McConnell McGill Moore Mullinax O'Dell Patterson Smith, J.V. Smith, N.W. Stilwell Williams
NAYS
Courson Hinson Leventis Martschink Mitchell Passailaigue Peeler Pope Rose Russell Shealy Thomas Wilson
The amendment was laid on the table.
Senator SETZLER asked unanimous consent to make a motion that no further amendments to S. 1182 be placed on the desk for consideration.
Senator LEATHERMAN objected.
Senator ROSE proposed the following Amendment No. 71 (Doc. No. 3663R, G2), which was withdrawn:
Amend the bill, as and if amended, page 1182-74, Section 44-95-300(B), line 28, by striking the word /may/ and inserting the word /must/ in lieu thereof.
Amend further, page 1182-74, Section 44-95-300(B), by deleting lines 28-45.
Amend further, page 1182-75, Section 44-95-300(C), line 1 by adding the following after the word /determination/:
/of whether clear and convincing evidence exists/.
Amend further, page 1182-75, Section 44-95-300(C), line 3 by adding the following after the word /consider/:
/, when relevant,/.
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MITCHELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator ROSE moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
On motion of Senator ROSE, with unanimous consent, the amendment was withdrawn.
Senator ROSE proposed the following Amendment No. 72 (Doc. No. 3584R, G2), which was adopted:
Amend the bill, as and if amended, page 1182-22, line 22, Section 44-95-70(F)(7) by adding the following after the word /methods/:
/and recommendations on the feasibility of the implementation of mechanisms for cooperative marketing of recyclable materials/.
Amend title to conform.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 73 (Doc. No. 3656R, G2), which was tabled:
Amend the bill, as and if amended, page 1182-28, Section 44-95-80(J), by striking lines 8 through 12, and inserting in lieu thereof:
/contrary, a county which does not participate in the opening, operation or closure of a solid waste management facility, or which has not obtained a permit for that solid waste management facility, shall not be held responsible for the operation, closure, and post-closure of that solid waste management facility if it is owned and operated by/
Amend further, page 1182-28, Section 44-95-80(K) by striking line 18 beginning with the word /provided/ through line 26.
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator ROSE moved that the amendment be adopted.
Senator BRYAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE proposed the following Amendment No. 74 (Doc. No. 3458R), which was tabled:
Amend the bill, as and if amended, page 1182-78, line 38, Section 44-95-320(A), by adding after the end of the sentence the following:
/In developing these regulations, the department shall provide for and distinguish between (1) a municipal solid waste (Class A) landfill designed for the disposal of municipal solid waste only; and (2) a municipal solid waste (Class B) landfill designed for the disposal of industrial waste and special waste./
Amend the bill further, as and if amended, page 1182-79, Section 44-95-330(A), by striking lines 41 through 45 and inserting the following in lieu thereof:
/(A) In addition to the requirements imposed by any other provision of this article, the regulations promulgated by the department shall (1) provide for and distinguish between (a) a municipal solid waste (Class A) landfill designed for the disposal of municipal solid waste only; and (b) a municipal solid waste (Class B) landfill designed for the disposal of industrial waste and special waste; and (2) require, at a minimum, the following for new and existing municipal solid waste landfills:/
Amend the bill further, as and if amended, page 1182-89, Section 44-95-390(B), by striking lines 10 through 14 and inserting the following in lieu thereof:
/(B) A special waste shall not be disposed of nor accepted for disposal at a municipal solid waste (Class A) landfill. A special waste shall be disposed of at a municipal solid waste (Class B) landfill with the prior written approval by the disposal facility in accordance with department requirements, and with the prior written notification and consent of the governing body of the county in which the municipal solid waste (Class B) landfill is located./
Amend title and renumber sections to conform.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MOORE, with unanimous consent, proposed the following Amendment No. 11 (Doc. No. 0632I, G2), which was adopted:
Amend the bill, as and if amended, page 1182-74, Section 44-95-300(B), line 28, by striking the word /may/ and inserting in lieu thereof the word /shall/.
Amend title to conform.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 4 (Doc. No. 1343o), which was tabled:
Amend the bill, as and if amended, by striking Section 44-95-20(B)(7), as contained in SECTION 1, page 1182-5, beginning on line 12, and inserting:
/ (7) encourage counties and municipalities to utilize all means reasonably available to promote efficient and proper methods of managing solid waste;/.
Amend further by striking Section 44-90-20(B)(14), as contained in SECTION 1, page 1182-6, beginning on line 9, and inserting:
/ (14) allow counties and municipalities to pursue a regional approach to solid waste management./.
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 17 (Doc. No. 1713X), which was withdrawn:
Amend the bill, as and if amended, by striking Section 44-95-330(B)(4)(d), as contained in SECTION 1, page 1182-81, beginning on line 40, and inserting:
/(d) within proximity of wetlands to be determined by the department by regulation./
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator MOORE spoke on the amendment.
On motion of Senator LEVENTIS, with unanimous consent, the amendment was withdrawn.
Senator LEVENTIS proposed the following Amendment No. 20 (Doc. No. 1710X), which was withdrawn:
Amend the bill, as and if amended, by striking Section 44-95-400(B), as contained in SECTION 1, page 1182-90, beginning on line 28, and inserting:
/(B) Information obtained by the department pursuant to this article is available to the public unless the department determines the information to be proprietary./
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator MOORE argued contra to the adoption of the amendment.
On motion of Senator LEVENTIS, with unanimous consent, the amendment was withdrawn.
Senator GIESE proposed the following Amendment No. 23 (Doc. No. 1729X), which was adopted:
Amend the bill, as and if amended, page 47, by adding at the end of the first paragraph of Section 44-95-160(V):
/A credit or refund from the fees assessed by this chapter must be provided for hire motor carriers who purchase lubricating oils not for resale, used in their fleet which:
(1) has a maintenance facility to service their own fleet and properly stores waste oil for recycling collections;
(2) has reported to the Environmental Protection Agency, via Report No. EXP17, the existence of storage tanks for waste oil storage;
(3) maintains records of the dispensing and servicing of lubrication oil in the fleet vehicles;
(4) has a written contractual agreement with an approved waste oil hauler./
Renumber sections to conform.
Amend title to conform.
Senator GIESE argued in favor of the adoption of the amendment.
Senator GIESE moved that the amendment be adopted.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 28 (Doc. No. 1728X), which was tabled:
Amend the bill, as and if amended, page 57, Section 44-95-180, by striking the first sentence of subsection (F) and inserting: /Ninety days after the date of enactment of this chapter, there is imposed a fee of two dollars or refundable deposit of two dollars upon presentation of core within fifteen days of purchase for each lead-acid battery sold to the ultimate consumer./
Renumber sections to conform.
Amend title to conform.
Senator GIESE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE proposed the following Amendment No. 61 (Doc. No. 3658R, G2), which was adopted:
Amend the bill, as and if amended, page 1182-28, Section 44-95-80(J), by striking lines 9 through 12 and inserting in lieu thereof:
/operation or closure of a solid waste management facility, or which has not obtained a permit for that solid waste management facility, shall not be held liable for the operation, closure and post-closure of that solid waste management facility if it is owned and operated by/
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 7 (Doc. No. 1346o), which was tabled:
Amend the bill, as and if amended, by deleting Section 44-95-80(L), as contained in SECTION 1, page 1182-28, beginning on line 27, which reads:
/ (L) Notwithstanding any law to the contrary, no county or municipality shall adopt or enforce ordinances or regulations that discriminate against privately-owned solid waste management facilities or recovered materials facilities because they are privately owned./.
Reletter subsections to conform.
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LEVENTIS moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE proposed the following Amendment No. 75 (Doc. No. 0633I, G2), which was tabled:
Amend the bill, as and if amended, SECTION 1, page 1182-98, by adding, after line 22 the following:
/Section 44-95-475. Nothing in this chapter shall be construed as limiting the application or effect of Section 44-55-1010./
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE proposed the following Amendment No. 77 (Doc. No. 0636I, G2), which was adopted:
Amend the bill, page 1182-75, Section 44-95-300(C), line 1 by adding the following after the word /determination/:
/of whether clear and convincing evidence exists/.
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator MOORE spoke on the amendment.
The amendment was adopted.
Senators ROSE and LEVENTIS proposed the following Amendment No. 56 (Doc. No. 0617I, G2), which was tabled:
Amend the bill, as and if amended, page 72, after line 23, by adding the following new section to Article 2 to read as follows:
/Section 44-95-295. (A) Prior to the issuance of a permit the entity providing financial assurance for a municipal solid waste treatment, storage or disposal facility or site regulated under this chapter shall furnish to the department information concerning its financial integrity so as to enable the department to review the nature, degree, and sufficiency of the financial assurances submitted by such entity. Such information shall also be furnished to the department at any other time upon written request by the department. Information pertaining to the financial integrity of any parent, subsidiary, or affiliated corporations may also be required, in the event such parent, subsidiary, or affiliated corporation provides, in whole or in part, the financial assurances required by the department. The information required by this subsection must include, but is not limited to, a certified audited financial statement, a balance sheet, and a profit and loss statement.
(B) If, in the judgment of the department, the information referred to in subsection (A) is not furnished within a reasonable time or if so furnished is not satisfactory to the department, the department shall give by written notice to such entity the particulars in which such information is insufficient to allow the department to review the nature, extent, and sufficiency of the required financial assurance, and such entity shall have a reasonable time in which to comply with the requirements of such notice in the particulars therein mentioned.
(C) If it is desired for any reason to verify the information furnished under subsection (A) or (B), the department shall make such examination of the records of and such inspections of the properties of the entities referred to in subsection (A) as shall be reasonably necessary to procure the information required. Upon sufficient notice, the department may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the department may designate. The expense of the necessary examination or inspection for the procuring of the information must be paid by the party so examined or inspected. The expenses may be collected by suit or action, if necessary./
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE proposed the following Amendment No. 76 (Doc. No. 0634I), which was tabled:
Amend the bill, as and if amended, page 1182-75, Section 44-95-300(C), by striking lines 1 through 39 in their entirety.
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator STILWELL argued contra.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS spoke on the Bill.
Senator PASSAILAIGUE spoke on the Bill.
Senator MOORE spoke on the Bill.
Senator MOORE moved that the Bill be given a third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Lourie Macaulay Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Patterson Peeler Pope Russell Saleeby Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Waddell Williams Wilson
NAYS
Leventis Passailaigue Rose Thomas
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
We failed to vote for S. 1182 on third reading because of certain overriding shortcomings in the Bill. First, the cost of implementing the Bill appears enormous and far in excess of the amount stated in the fiscal impact statement accompanying the Bill. Specifically, it was stated during the debate that 3.8 million tons of municipal waste are disposed of in South Carolina per year and that the increased cost of disposing of municipal waste in South Carolina landfills as required by one part of the Bill would be $30/ton. This means that the cost of disposing of municipal waste under this part of the Bill alone will be approximately $114,000,000, a far cry from the less than $4,000,000 claimed in the financial impact statement accompanying the Bill to be the cost of implementing the Bill.
In addition, the Bill does not provide how most of this more than $114,000,000 will be paid, except to mandate that local governments make the payments. The State should pay for what it mandates, rather than require local governments to do so.
We also believe that the costs of disposing of household waste should be paid separately from the costs of disposing of industrialized or special wastes as defined in the Bill. Specifically, the costs of disposing of household waste should be paid by the public and the costs of disposing of industrialized or special wastes should be paid by the organizations which generate the industrial or special wastes instead of by the public. The Bill in effect requires the public to subsidize the costs of disposing of industrial or special wastes not generated by the public.
In addition, the costs required for disposing of municipal wastes under the unnecessarily stringent and excessive requirements of the Bill are unreasonable and far greater than necessary.
Further, the Bill may erode the authority of a county to regulate the collection and disposal of garbage within its borders, as authorized in S.C. Code Section 44-55-1010. Counties should have some authority to regulate garbage within their borders.
Finally, the Bill potentially enhances the ability of private enterprise to continue the importation of out-of-state solid waste into our State. The resulting liability, financially and environmentally, to future generations could be enormous.
I voted for S. 1182 although there was at least one provision that I would like to have had in it to save a great deal of money. This would have provided that counties could have a Class A landfill for regular garbage and a Class B for "special" garbage having harmful ingredients. The "special" trash would require protection not necessary for the general waste with a difference of several hundred thousand per acre.
Although I voted for the Bill, believing that the good outweighs the bad, there are some points with which I disagree rather strongly. It is my hope that the House and the Conference Committee will improve the Bill.
Senator WILLIAMS requested and was granted a leave of absence from 4:30 P.M. today until 11:00 A.M. Monday, April 30, 1990.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND 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 POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
Senator WILLIAMS moved that the Joint Resolution be carried over.
Senator LEATHERMAN objected.
Senator POPE raised a Point of Order that the objection was out of order inasmuch as the motion to carry over the Joint Resolution was made during the Motion Period.
Senator McCONNELL raised a Point of Order that the Point of Order was out of order inasmuch as the Resolution was not presently before the body.
The PRESIDENT sustained the Point of Order raised by Senator McCONNELL.
Senator SETZLER moved that the Senate dispense with the remainder of the Motion Period.
By a division vote, the Senate dispensed with the remainder of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND 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 POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator WILLIAMS moved to carry over the Joint Resolution.
Senator LEATHERMAN moved to adjourn debate on the Joint Resolution.
Senator SETZLER moved to table the motion to adjourn debate on the Joint Resolution.
The motion to adjourn debate was tabled.
The question then was the motion to carry over the Joint Resolution.
The Joint Resolution was carried over.
S. 1204 -- Senators Gilbert, Nell W. Smith, McGill, Mitchell, O'Dell and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 20 SO AS TO ENACT "THE PARENTAL RESPONSIBILITIES ACT".
Senator GILBERT asked unanimous consent to take up the Bill for immediate consideration.
Senator SETZLER objected.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Judiciary.
Senator SETZLER spoke on the Bill.
Senator SETZLER asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading.
Senator LEATHERMAN objected.
On motion of Senator SETZLER, with unanimous consent, the Bill was placed in the status of Interrupted Debate.
S. 1204 -- Senators Gilbert, Nell W. Smith, McGill, Mitchell, O'Dell and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 20 SO AS TO ENACT "THE PARENTAL RESPONSIBILITIES ACT".
Senator GILBERT asked unanimous consent to take the Bill up for immediate consideration.
Senator THOMAS objected.
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WILLIAMS spoke on the Bill.
Senators MARTSCHINK and LEVENTIS proposed the following Amendment No. 1A (Doc. No. 3577R), which was adopted:
Amend the bill, as and if amended, page 1524-4, Section 2-17-10(9) as contained in SECTION 1, by striking line 25 and inserting the following in lieu thereof:
/of the General Assembly, the Governor, the Lieutenant Governor or other statewide constitutional officers/
Amend further, page 1524-4, Section 2-17-10(9) as contained in SECTION 1, by striking line 35 and insert the following in lieu thereof:
/Assembly, the Governor, the Lieutenant Governor or other statewide constitutional officers/
Amend further, page 1524-6, Section 2-17-10(11) as contained in SECTION 1, by striking line 7 and inserting the following in lieu thereof:
/Governor, the Lieutenant Governor, other statewide constitutional officers, members of the General Assembly, or/
Amend further, page 1524-6, Section 2-17-10(11) as contained in SECTION 1, by striking line 10 and inserting the following in lieu thereof:
/Assembly member, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees./
Amend the bill further, page 1524-9, Section 2-17-30(7) as contained in SECTION 1, by striking lines 29 and 30 and inserting the following in lieu thereof:
/to any member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees unless promised or/
Amend further, page 1524-9, Section 2-17-30(8), by striking line 36 and inserting the following in lieu thereof:
/the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their/
Amend further, page 1524-9, Section 2-17-30(8) by striking line 40 and inserting the following in lieu thereof:
/member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or/
Amend further, page 1524-10, Section 2-17-30(8) by striking line 1 and inserting the following in lieu thereof:
/Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees in a/
Amend further, page 1524-10, Section 2-17-30(8) by striking line 7 and inserting the following in lieu thereof:
/member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers/
Amend the bill further, page 1524-15, Section 2-17-80 as contained in SECTION 1, by striking line 42 and inserting the following in lieu thereof:
/Governor, the Lieutenant Governor, other statewide constitutional officers, the General Assembly, or any committee/
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator SALEEBY moved that the amendment be adopted.
Senators MARTSCHINK, LEVENTIS and ROSE proposed the following Amendment No. 1B (Doc. No. 3452R), which was tabled:
Amend the bill, as and if amended, page 1524-9, line 21, Section 2-17-30(6), by striking the words /one hundred/ and inserting the word /fifty/ in lieu thereof.
Amend further, page 1524-9, lines 22-23, Section 2-17-30(6), by striking the words /two hundred fifty/ and inserting the words /one hundred/ in lieu thereof.
Amend title to conform.
Senator MARTSCHINK argued in favor of the adoption of the amendment.
Senator SALEEBY spoke on the amendment.
Senator MARTSCHINK moved that the amendment be adopted.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the adoption of the amendment.
Senator MATTHEWS requested and was granted a leave of absence from 5:30 P.M. until 10:00 P.M. today.
Senators MARTSCHINK and LEVENTIS proposed the following Amendment No. 1C (Doc. No. 3578R, G2), which was tabled:
Amend the bill, as and if amended, page 1524-7, line 8, Section 2-17-20(A) as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-7, line 11, Section 2-17-20(A) as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-7, line 18, Section 2-17-20(A) as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-7, line 23, Section 2-17-20(A) as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-7, line 25, Section 2-17-20(A) as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-7, line 34, Section 2-17-20(B) as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-8, line 3, Section 2-17-20(D) as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-8, line 28, Section 2-17-30 as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-8, line 31, Section 2-17-30 as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-10, line 37, Section 2-17-40(A) as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-10, line 40, Section 2-17-40(A) as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-12, line 38, Section 2-17-50 as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-13, line 2, Section 2-17-50(2) as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-13, lines 6-7, Section 2-17-50(3), as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-13, lines 19-20, Section 2-17-50(4)(b) as contained in SECTION 1, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-13, lines 41-42, Section 2-17-60, by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-14, line 26, Section 2-17-60(6) as contained in SECTION 1 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-14, line 43, Section 2-17-70 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-15, lines 2-3, Section 2-17-70 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-16, line 5, Section 2-17-90 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-16, lines 16-17, Section 2-17-95 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend further, page 1524-16, line 30, SECTION 2 by striking the words /Secretary of State/ and inserting the words /State Ethics Commission/ in lieu thereof.
Amend title to conform.
Senator MARTSCHINK argued in favor of the adoption of the amendment and Senator POPE argued contra.
Senator MARTSCHINK moved that the amendment be adopted.
Senator POPE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Hayes Hinds Hinson Holland Leatherman Lee Lourie Macaulay Matthews McConnell McGill McLeod Moore Mullinax O'Dell Patterson Pope Saleeby Smith, J.V. Smith, N.W. Stilwell Waddell Williams
NAYS
Courson Giese Leventis Martschink Mitchell Passailaigue Peeler Rose Russell Setzler Shealy Thomas Wilson
The amendment was laid on the table.
Senators MARTSCHINK, LEVENTIS and ROSE proposed the following Amendment No. 1E (Doc. No. 3454R), which was adopted:
Amend the bill, as and if amended, page 1524-12, lines 38-39, Section 2-17-50, by striking the words /has the power/ and inserting the word /must/ in lieu thereof.
Amend further, page 1524-12, line 40, Section 2-17-50(1), by striking the word /to/ before the word /require/.
Amend further, page 1524-12, line 43, Section 2-17-50(2), by striking the word /to/ before the word /request/.
Amend further, page 1524-13, line 4, Section 2-17-50(3), by striking the word /to/ before the word /promulgate/.
Amend further, page 1524-13, line 12, Section 2-17-50(4), by striking the word /to/ before the word /require/.
Amend title to conform.
Senator MARTSCHINK argued in favor of the adoption of the amendment.
Senator SALEEBY moved that the amendment be adopted.
The amendment was adopted.
Senators MARTSCHINK and LEVENTIS proposed the following Amendment No. 1F (Doc. No. 3455R), which was tabled:
Amend the bill, as and if amended, page 1524-13, line 15, Section 2-17-50(4)(a) as contained in SECTION 1, by striking the words /one hundred/ and inserting the words /five hundred/ in lieu thereof.
Amend further, page 1524-13, line 21, Section 2-17-50(4)(b), by striking the word /ten/ and inserting the words /one hundred/ in lieu thereof.
Amend further, page 1524-13, line 24, Section 2-17-50(4)(b), by striking the words /five hundred/ and inserting the words /twenty-five hundred/ in lieu thereof.
Amend title to conform.
Senator MARTSCHINK argued in favor of the adoption of the amendment and Senators WILLIAMS and SHEALY argued contra.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Hayes Hinds Hinson Holland Leatherman Lee Lourie McGill McLeod Mitchell Moore Mullinax O'Dell Patterson Pope Saleeby Shealy Smith, J.V. Smith, N.W. Waddell Williams
NAYS
Courson Giese Leventis Macaulay Martschink McConnell Passailaigue Peeler Rose Russell Stilwell Thomas Wilson
The amendment was laid on the table.
Senators MARTSCHINK and LEVENTIS proposed the following Amendment No. 1G (Doc. No. 3456R), which was tabled:
Amend the bill, as and if amended, page 1524-16, lines 29-30, SECTION 2 by striking the words /January 1, 1992/ and inserting the words /July 1, 1990/ in lieu thereof.
Amend title to conform.
Senator MARTSCHINK argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 2 (Doc. No. 1241o), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 17, Title 2 of the 1976 Code is amended to read:
Section 2-17-10. When used in this chapter, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
(a) 'Person' means any individual, firm, partnership, committee, association, corporation or any other organization or group of persons.
(b) 'Legislative agent' shall mean any person who is employed, appointed or retained, with or without compensation, by another person as defined in (a) above to influence in any matter the act or vote of any member of the General Assembly of this State during any regular or special session thereof upon or concerning any bill, resolution, amendment, report, claim, act or veto pending or to be introduced.
(c) 'Lobbyist' shall mean the same as 'legislative agent' as defined in (b) above.
(d) 'Lobbying' shall be defined as direct communication with members of the General Assembly or their staff to influence the passage or defeat of legislation. As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Person' means an individual, a partnership, a committee, an association, a corporation, a labor organization, and any other organization or groups of persons.
(2) 'Public official' means an elected or appointed official of the State, including candidates for state offices.
(3) 'Public employee' means a person employed by the State.
(4) 'Income' means the receipt or promise of consideration, whether or not legally enforceable including attorney fees attributable to lobbying.
(5) 'Expenditure' means the transfer or promise of consideration, whether or not legally enforceable.
(6) 'Annual filing period' means a period of time beginning thirty days after sine die adjournment and ending thirty days after the next sine die adjournment.
(7) 'Voluntary membership organization' means an organization composed of persons who are members of it on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization.
(8) 'Lobbying' means promoting or opposing through direct contact with public officials or public employees:
(a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly;
(b) executive approval of legislation; or
(c) consideration of a veto.
(9) 'Lobbyist' means a person who is employed, appointed, or retained, with compensation, by another person to influence, by direct communication with public officials or public employees, the act or vote of a member of the General Assembly or the Governor concerning any bill, resolution, amendment, report, act, rule, regulation, or veto, pending or to be introduced. 'Lobbyist' also means a person who is employed, appointed, or retained, with compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees the act or vote of a member of the General Assembly or the Governor concerning any bill, resolution, amendment, report, act, rule, regulation, or veto pending or to be introduced. For the purpose of this item, compensation does not include reimbursement of expenses. 'Lobbyist' does not include:
(a) an individual expressing a personal opinion on legislative or administrative matters to a public official or public employee;
(b) a person who limits his lobbying activities to appearances before public sessions of committees of the General Assembly, public hearings of state agencies, public hearings before a public body of a quasi-judicial nature, or proceedings of a court of this State, if the person makes no expenditures for or on behalf of a public official or public employee in connection with lobbying;
(c) a duly elected or appointed official or employee of the State, the United States, or a county, municipality, school district, or public service district when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of the official's or employee's duties;
(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation;
(e) except with respect to a publication of a voluntary membership organization, a person who owns, publishes, or is employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, or other comments, if he engages in no further activities and represents no other person in connection with a legislative matter;
(f) a person who represents established churches solely for the purpose of protecting the rights of their own members or for protecting the doctrines of the churches or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;
(g) a person who is running for an office elected by the General Assembly or a person soliciting votes on his behalf.
(10) 'Gifts' mean any item, entertainment, food, beverage, travel, and lodging given or paid voluntarily to a public official without the public official providing full and adequate consideration.
(11) 'Travel' means transportation of the Governor, member of the General Assembly, or their employees for a distance of seventy miles or greater for their benefit.
(12) 'Legislation' means bills, resolutions, amendments, nominations, regulations, and other matters pending or proposed in either the House or Representatives or Senate and includes any other matter which may be the subject of action by either body.
Section 2-17-20. Every person who employs any person to act as counsel or agent to promote or oppose in any manner the passage by the General Assembly of any legislation affecting the pecuniary interest of any person as distinct from those of the whole people of the State or to act in any manner as legislative counsel or agent in connection with any such legislation shall, within ten days of such employment and in all cases before appearing before committees of the General Assembly, cause such lobbyist, agent or counsel to register with the Secretary of State as later provided herein. Each person so registering shall pay a fee of ten dollars and present to the Secretary of State a communication reflecting the authority of the registrant to represent the person, firm, corporation or association by whom he is employed. This communication shall also show the nature of the group or association to be represented and the size and composition of its membership. Based on this registration, each lobbyist or legislative agent shall be issued an identification card by the Secretary of State, which card shall be shown to the committee chairman before the person can appear before any legislative committee.
The Secretary of State shall furnish to each chairman of a standing and special committee of the General Assembly, on a monthly basis, and to the members of the General Assembly every three months, a list of all lobbyists registered with his office. (A) A person who acts as a lobbyist, within thirty days of this employment, shall register with the State Ethics Commission as provided in this chapter. Each person so registering shall pay a fee of fifty dollars and present to the commission a communication reflecting the authority of the registrant to represent the person by whom he is employed. However, if a corporate entity registers, then it shall identify each person who will act as a lobbyist on its behalf during the covered period.
The commission annually shall furnish to each chairman of standing and special committees of the General Assembly, and to the members of the General Assembly, a list of all registered lobbyists. The commission shall furnish monthly updates to the same persons. The registration must be in that form as the commission prescribes and must include the following: the full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist, if any.
(B) Each lobbyist who ceases to engage in activities requiring him to register under this chapter shall file a written statement with the commission acknowledging the termination of activities. The notice is effective immediately. Each lobbyist who files a notice of termination under this section shall file reports required by this chapter for any reporting period during which he was registered under this chapter.
(C) A lobbyist shall file a supplemental registration indicating a substantial change in the information contained in the prior registration within thirty days after the date of the change.
(D) Each lobbyist shall maintain for not less than three years records which must be available to the commission for inspection and which contain the following information:
(1) the identification of each person from whom income attributable to lobbying is received and the amount of income attributable to lobbying received, but in the case of a voluntary membership organization a contribution during a annual filing period from a member need be recorded only if the contribution to the organization from the member is more than five hundred dollars and more than twenty percent of the total contributions to the organization during that annual filing period; and
(2) the total expenditures of the lobbyist for lobbying.
Section 2-17-30. No person shall be employed as a legislative counsel or agent for a compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the General Assembly or of either branch or any committee thereof. Each lobbyist, no later than thirty days after the last day of an annual filing period, shall file a report with the State Ethics Commission covering that lobbyist's activities during that annual filing period. Each report must be in that form as the commission prescribes and must contain the following information:
(1) the full name, address, and telephone number of the reporting lobbyist;
(2) an identification of each person on whose behalf the reporting lobbyist performed services as a lobbyist during the covered period;
(3) an identification of each person who acted as a lobbyist on behalf of the reporting lobbyist during the covered period;
(4) legislation the reporting lobbyist sought to influence during the covered period;
(5) the identification of each person from whom income attributable to lobbying is received and the amount of income attributable to lobbying received, but in the case of a voluntary membership organization a contribution during an annual filing period from a member need be recorded only if the contribution to the organization from the member is more than five hundred dollars and more than twenty percent of the total contributions to the organization during that annual filing period;
(6) the totals of all expenditures incurred by a lobbyist in the performance of his lobbying activity for the benefit of a public official or public employee in the covered period. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations provided to a public official or public employee, travel, office expenses or that portion of total office expenses attributable to activities covered under the provisions of this chapter, including a list of the names of public officials or public employees on whom more than one hundred dollars in any one-day period or two hundred fifty dollars in any three-consecutive-day period was spent. However, political contributions which already are disclosed on other public statements are excluded from disclosure.
(7) a statement of money promised or loaned to a member of the General Assembly or the Governor or their employees unless promised or loaned by a bank, a savings and loan, or other licensed financial institution which loans money in the ordinary course of its business;
(8) a statement detailing direct business association with a current member of the General Assembly or the Governor or their employees. For the purposes of this section, direct business association does not include:
(a) ownership interests held by a lobbyist and a member of the General Assembly or the Governor or their employees in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in the entity;
(b) an interest held by a member of the General Assembly or the Governor or their employees in a partnership or corporation represented by a lobbyist and the interest is less than five percent of the total shares outstanding or partnership interests in the entity; or
(c) a commercial transaction between a lobbyist and a member of the General Assembly or the Governor or their employees in which the fair market value of the goods transferred or services rendered is paid.
When total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date.
Section 2-17-40. It shall be the duty of every legislative agent to file annually, within thirty days after the final adjournment of the General Assembly, a complete and itemized sworn statement of all contributions and expenditures made, paid, incurred or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter. A legislative agent with other duties is required to report only that income or expense directly related to lobbying. A report shall be filed annually whether or not contributions or expenditures are made. Such reports shall be in such form as shall be prescribed by the Secretary of State and shall be open to public inspection. No legislative agent may be registered or reregistered under the provisions of this chapter until compliance is made with this section. (A) Each state agency or department, no later than thirty days after the last day of an annual filing period, shall file a report with the State Ethics Commission covering that agency's lobbying activities during that annual filing period. Each report must be in that form as the commission prescribes and must contain the following information:
(1) an identification of each agency official, employee, or other person who engaged in lobbying during the covered period;
(2) legislation the persons identified in item (1) sought to influence during the covered period;
(3) the identification of each person from whom income attributable to lobbying is received and the amount of income attributable to lobbying received, but in the case of a voluntary membership organization a contribution during an annual filing period from a member need be recorded only if the contribution to the organization from the member is more than five hundred dollars and more than twenty percent of the total contribution to the organization during that annual filing period;
(4) the totals of all expenditures made or incurred by a person identified in item (1) in the performance of his lobbying activity for the benefit of a public official or public employee in the covered period. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations provided to a public official or public employee, travel, and office expenses or that portion of the total office expenses attributable to activities covered under the provisions of this chapter, including a list of the names of public officials or public employees on whom more than one hundred dollars in any one-day period or two hundred fifty dollars in any three-consecutive-day period was spent. However, political contributions which already are disclosed on other public statements are excluded from disclosure.
(B) When total amounts are required to be reported, totals must be reported for the entire year to date. The reports required by this section are not required from an agency whose only activity is appearing before a committee of the General Assembly at the request of that committee or a member of that committee.
Section 2-17-50. The provisions of Section 2-17-20 are not intended and shall not be construed to apply to the following:
(a) An individual expressing a personal opinion on legislative matters to his own legislative delegation or other members of the General Assembly.
(b) A person appearing before a legislative committee at the invitation or request of the committee or a member thereof and who engages in no further activities in connection with that legislative matter.
(c) Any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district or public service district, when appearing only and solely on matters pertaining to his office and public duties.
(d) A person performing professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where such professional services are not otherwise, directly or indirectly, connected with legislative action.
(e) Persons who own, publish or are employed by a newspaper or other regularly published periodical, or who own or are employed by a radio station, television station, wire service or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns or other comments, if such persons engage in no further activities and represent no other person in connection with a legislative matter.
(f) Persons who represent established churches solely for the purpose of protecting the rights of their own members or to protect the doctrines of such churches or on matters deemed to have an adverse effect upon the moral welfare of the membership thereof. The State Ethics Commission may:
(1) require a person to submit information pursuant to the requirements of this act;
(2) request the Attorney General to enforce the provisions of this chapter through either civil proceedings for injunctive relief or appear in a civil action in the name of the commission for the purpose of enforcing the provisions of this chapter;
(3) promulgate regulations to carry out the provisions of this chapter. However, regulations promulgated by the commission under the provisions of this chapter may include only the forms necessary to accomplish the purposes of this chapter;
(4) in addition to any other penalty in this chapter, require a person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows:
(a) a fine of one hundred dollars if not filed within fifteen days after the established deadline provided in this chapter;
(b) after notice has been given by certified or registered mail by the commission that a required statement has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred dollars. Filing of the required report and payment of the fine within twenty days of the notice constitutes compliance with this chapter.
Section 2-17-60. Any legislative counsel or agent and any employer of such legislative counsel or agent violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two hundred nor more than five hundred dollars or imprisoned not exceeding sixty days, within the discretion of the court. Provided, that any person convicted of a violation of the provisions of this chapter shall not serve, register or otherwise act in the capacity of a lobbyist in this State for a period of two years following his conviction. The State Ethics Commission shall:
(1) develop forms for the filing of notices of registration, representation, complaints, and reports required by this chapter and furnish the forms to persons upon request;
(2) issue identification cards to each lobbyist before the lobbyist can engage in lobbying and before January tenth of each succeeding year;
(3) develop a filing, coding, and cross-indexing system consonant with the purpose of this chapter;
(4) make the notices of registration and reports filed with it available for public inspection and copying as soon as may be practicable after receipt of them and permit copying of a report or statement by hand or by duplicating machine, as requested by a person, at his expense;
(5) preserve the originals or copies of notices and reports for three years from the date of receipt;
(6) ascertain whether a lobbyist has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file notices and reports as are necessary to satisfy the requirements of this chapter or regulations promulgated by the commission under this chapter;
(7) have information, so compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period;
(8) report apparent violations of this chapter to the Attorney General;
(9) receive complaints of violations of this chapter from a person.
Section 2-17-70. The Attorney General shall, upon complaint made to him, take appropriate action to enforce the provisions of this chapter. (A) The Attorney General shall make preliminary investigations, with the assistance of the State Law Enforcement Division, of complaints by the State Ethics Commission of alleged failures to file a statement or reports required by this chapter or other violation of a part of this chapter. However, upon receipt of a complaint by the commission, the Attorney General promptly shall transmit to the lobbyist of which a complaint is made a copy of the complaint, and the lobbyist must be given an opportunity to respond before further investigation. If, after preliminary investigation, the Attorney General finds that probable cause exists to support an alleged violation, he, as appropriate, shall:
(1) render an advisory opinion to the lobbyist complained of and require his compliance with the opinion in a reasonable time period,
(2) issue subpoenas, upon order of a court of competent jurisdiction, or submit interrogatories to the lobbyist complained of for the purpose of further investigating violations of this chapter,
(3) forward the results of the preliminary investigation to the solicitor of the judicial circuit in which the violation occurred who shall prosecute a person who knowingly or wilfully violates a provision of this chapter.
(B) All Attorney General preliminary investigations and records relating to the preliminary investigations are confidential. The confidentiality of the existence of a complaint may be waived upon written authorization of the lobbyist. If further investigation is conducted by the Attorney General under item (2) of subsection (A), the lobbyist must be afforded appropriate due process protections, including the right to be represented by counsel. The disposition of all complaints is a matter of public record.
Section 2-17-80. No person may be employed as a lobbyist for compensation dependent upon the passage or defeat of proposed legislation or upon any other contingency connected with the action of the Governor or the General Assembly or its committees.
Section 2-17-90. A lobbyist who knowingly or wilfully violates the provisions of this chapter and a person who falsifies all or part of a notice of representation or report which he files with the State Ethics Commission under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than three years, or both. In addition, a lobbyist convicted of a misdemeanor under the provisions of this section is barred from acting as a lobbyist for three years from the date of the conviction.
Section 2-17-95. The wilful filing of a complaint by a person with the State Ethics Commission without just cause or with malice is a misdemeanor, and the person filing a complaint, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both. In lieu of the criminal penalty provided by this section, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice."
SECTION 2. This act takes effect January 1, 1992. However, the State Ethics Commission may promulgate regulations to effectuate the purposes of this act upon approval by the Governor./
Amend title to conform.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senators THOMAS and COURSON proposed the following Amendment No. 3 (Doc. No. 1238o), which was tabled:
Amend the bill, as and if amended, Section 2-17-30(6), as contained in SECTION 1, page 8, at the end of the item, by inserting:
/For special events for public officials or employees, including parties, dinners, athletic events, entertainment, and other functions, the date, location, name of the public body or bodies invited, and total expense incurred by the person filing must be stated./
Amend further, Section 2-17-40(A)(4), as contained in SECTION 1, page 10, at the end of the item, by inserting:
/For special events for public officials or employees, including parties, dinners, athletic events, entertainment, and other functions, the date, location, name of public body or bodies invited, and total expenses incurred by the person filing must be stated./
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 4 (Doc. No. 3613R), which was tabled:
Amend the bill, as and if amended, page 1524-15, by striking lines 37-43 and inserting in lieu thereof the following:
/"Section 2-17-80. (A) No person may be employed as a lobbyist for compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the Governor, the General Assembly, or any committee thereof.
(B) No former public official may be employed as a lobbyist within one year after the public official's term of office has ended."/
Amend title to conform.
Amend sections to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senators THOMAS, COURSON and ROSE proposed the following Amendment No. 5 (Doc. No. 1235o), which was tabled:
Amend the bill, as and if amended, Section 2-17-30(6), as contained in SECTION 1, page 8, line 13 of the item, by striking /one hundred/ and inserting /fifty/ and line 14 of the item, by striking /two/ and inserting /one/.
Amend further, Section 2-17-40(A)(4), as contained in SECTION 1, page 10, line 15 of the item, by striking /one hundred/ and inserting /fifty/ and by striking /two/ and inserting /one/.
Amend title to conform.
Senators LEVENTIS and THOMAS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator GIESE was granted a leave of absence from 6:00 P.M. until 6:45 P.M. today.
Senators THOMAS and ROSE proposed the following Amendment No. 6 (Doc. No. 1237o), which was adopted:
Amend the bill, as and if amended, Section 2-17-30(6), as contained in SECTION 1, page 8, at the end of the item, after /disclosure./ by inserting /A political contribution by a lobbyist to a candidate for election to a public office may not exceed one thousand dollars in any one election, including the primary and general election for the office./
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senator HOLLAND moved to lay the amendment on the table.
Senator SALEEBY, with unanimous consent, spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Hayes Hinds Holland Lee Mitchell Mullinax Patterson Russell Saleeby Williams Wilson
NAYS
Courson Giese Hinson Leatherman Leventis Lourie Macaulay Martschink McConnell McGill McLeod Moore O'Dell Passailaigue Peeler Pope Rose Setzler Shealy Smith, N.W. Stilwell Thomas Waddell
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
Senators THOMAS and COURSON proposed the following Amendment No. 7 (Doc. No. 1239o), which was tabled:
Amend the bill, as and if amended, Section 2-17-70, as contained in SECTION 1, page 14, by deleting the first two sentences of the last paragraph which read:
/All Attorney General preliminary investigations and records relating to the preliminary investigations are confidential. The confidentiality of the existence of a complaint may be waived upon written authorization of the lobbyist./
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senator SHEALY spoke on the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator POPE proposed the following Amendment No. 8 (Doc. No. 5166P), which was tabled:
Amend the bill, as and if amended, page 15, on line 9, as contained in Section 2-17-90, by striking the words /three years/ and inserting therein the words /ninety days/ .
Amend title to conform.
Senator SALEEBY spoke on the amendment.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 17A (Doc. No. 0641I), which was adopted:
Amend the bill, as and if amended, page 8, line 9 by inserting after /(6)/ the following:
/(a)/
Amend the bill further, page 8, line 27 by inserting after the word /disclosure./ the following:
/(b)/
Amend the bill further, by deleting SECTION 2 in its entirety and inserting the following:
/SECTION __. This act takes effect January 1, 1992 except for Section 2-17-30(6)(b) which shall take effect upon approval by the Governor; provided, however, the Secretary of State may promulgate regulations to effectuate the purposes of this act upon approval by the Governor/.
Amend title and renumber sections to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator POPE proposed the following Amendment No. 5A (Doc. No. 5167P), which was tabled:
Amend the bill, as and if amended, page 15, beginning on line 15, by striking Section 2-17-95 in its entirety.
Amend title to conform.
Senator POPE argued in favor of the adoption of the amendment.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senators WILSON, THOMAS, LOURIE and ROSE proposed the following Amendment No. 18 (Doc. No. 1394o), which was tabled:
Amend the bill, as and if amended, Section 2-17-30(6), as contained in SECTION 1, page 8, line 22, by striking /or/ and inserting /,/ and line 24, after /period/, by inserting /, or seven hundred fifty dollars in any twelve-consecutive-month period/.
Amend title to conform.
Senator WILSON argued in favor of the adoption of the amendment.
Senator WILSON moved that the amendment be adopted.
Senator NELL W. SMITH argued contra to the adoption of the amendment.
Senator PATTERSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Giese Gilbert Hayes Hinds Holland Leatherman Lee McConnell McGill McLeod Mitchell Moore Mullinax Patterson Pope Saleeby Smith, N.W. Waddell Williams
NAYS
Courson Leventis Lourie Macaulay Martschink O'Dell Passailaigue Peeler Rose Russell Setzler Shealy Smith, J.V. Stilwell Thomas Wilson
The amendment was laid on the table.
Senator WILLIAMS proposed the following Amendment No. 20 (Doc. No. 1396o), which was adopted:
Amend the bill, as and if amended, in Section 2-17-10(9)(e) of the 1976 Code, which begins on line 24 of page 4, by striking subitem (e) and inserting:
/ (e) persons who own, publish, or are employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals, if these persons engaged in no further activities and represent no other person in connection with a legislative matter. This exception also applies to publications by a membership organization which qualifies under Title 26, Section 501(c)(6) of the U.S.C.A. and which publishes and distributes the publications to its members;/
Amend title to conform.
Senator WILLIAMS argued in favor of the adoption of the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 22 (Doc. No. 1748X), which was adopted:
Amend the bill, as and if amended, in Section 2-17-70 of the 1976 Code by striking /the Secretary of State/ on line 43 of page 13 and on lines 2 and 3 of page 14 and inserting /any person including the Secretary of State/.
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 23 (Doc. No. 1397o), which was tabled:
Amend the bill, as and if amended, page 14, line 3, by striking /shall/ and inserting /may/.
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the question then was third reading of the Bill.
Senator LEVENTIS spoke on the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator GIESE requested and was granted a leave of absence for Tuesday, May 1, 1990.
Senator BRYAN requested and was granted a leave of absence for Monday, April 30 and Tuesday, May 1, 1990.
Senator SHEALY requested and was granted a leave of absence for Friday, April 27, and Monday, April 30, 1990.
Senator HINSON requested and was granted a leave of absence beginning at 7:00 P.M. today.
Senator MITCHELL requested a leave of absence beginning at 7:00 P.M. today until 12:00 Noon on Tuesday, May 1, 1990.
Senator SALEEBY objected.
Senator NELL W. SMITH requested and was granted a leave of absence until 12:00 Noon Tuesday, May 1, 1990.
S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.
The PRESIDENT appointed Senators POPE vice Senator McCONNELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 954 -- Senators Land, Lourie and Mullinax: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO CHANGE THE WORDING RELATING TO THE IMPAIRMENT OF PSYCHONEUROTIC DISABILITY.
On motion of Senator LOURIE, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator LOURIE, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LOURIE, with unanimous consent, S. 954 was ordered to receive a third reading on Friday, April 26, 1990.
Senator McLEOD moved that the Senate revert to the Motion Period.
Senator LEATHERMAN moved to table the motion.
The motion to revert to the Motion Period was tabled.
S. 1204 -- Senators Gilbert, Nell W. Smith, McGill, Mitchell, O'Dell and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 20 SO AS TO ENACT "THE PARENTAL RESPONSIBILITIES ACT".
On motion of Senator GILBERT, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 3556J) was adopted as follows:
Amend the bill, as and if amended, by striking all after the title and inserting therein:
/Whereas, far too many of the children of our State grow up to be noncontributing citizens after becoming victims of the system, uneducated, socioeconomically disadvantaged, discouraged, and uncaring victims, and then developing into criminals of the system; and
Whereas, many children, with more positive, preventive, and corrective assistance in education and parenting during their formative years, could develop into more productive citizens rather than socioeconomic liabilities to the State; and
Whereas, this act proposes to provide ongoing assistance to parents in meeting the needs of their children through the schools, other state agencies, and the court system of South Carolina; and
Whereas, the State has a paramount interest in ensuring that children receive the best primary and secondary education and that parents do their part in preparing them to receive the education; and
Whereas, this act is intended to be preventive and corrective rather than punitive. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Parental Responsibilities Act".
SECTION 2. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-130. The school districts of this State shall encourage parents to become involved in their children's education, including preschool-age children's education, as early as possible and make parental involvement and home-school relations a major component of school improvement efforts. The school districts shall keep records of at-risk children and their behavior, provide counseling as needed, assist parents in understanding their children's behavior, and, when necessary, make proper referrals of children and their parents to other state agencies for necessary help in correcting existing problems and preventing future ones. It is the responsibility of parents to keep appointments and to avoid being cited for parenting or educational neglect. Parental responsibility includes, but is not limited to, providing proper clothing and sufficient monies for the child to attend school."
SECTION 3. Chapter 26, Title 59 of the 1976 Code is amended by adding:
"Section 59-26-80. The State Department of Education, in cooperation with existing state level technical assistance entities which have expertise in the areas of at-risk youth and parent involvement, shall develop or select inservice training programs for teachers, administrators, and school improvement councils in working with at-risk youth and their parents. Special attention must be given to crossculture behavior and to teaching techniques and student development practices found by research to promote high academic achievement, high self-esteem, and personal growth and responsibility.
Section 59-26-90. The State Board of Education shall promulgate regulations to provide for more effective and efficient use of school guidance counselors so that school guidance counselors are employed primarily to counsel students, give group guidance where appropriate, and work with the students' parents and teachers to bring about desired behavior changes in students."
SECTION 4. Section 20-7-20 of the 1976 Code is amended by adding at the end:
"(G) The State has a paramount interest in ensuring that children receive a primary and secondary education. State and county officials shall do everything within their jurisdiction and power to carry out the provisions of the school attendance law and the South Carolina Children's Code to prevent delinquency and decrease crime."
SECTION 5. Section 43-5-550(h)(3) of the 1976 Code is amended to read:
"(3) Following assessment, an individual employability plan must be written responding to the needs of the client. A vocational objective must be established for each client in keeping with identified abilities, aptitudes, competencies, and interests. Services must also must be identified in the Plan plan which assist the client to enter employment. Support services such as parenting skills for young custodial parents are required components for AFDC recipients whose individual employment plans prescribe these activities. Individual employment plans for all custodial parents under the age of twenty must include parenting skills."
SECTION 6. Section 59-20-60(4)(a) of the 1976 Code is amended to read:
"(a) Prepare a written appraisal of the school improvement report of each school with emphasis on needs, goals, objectives, needed improvements, and plans for the utilization of resources. This appraisal should reflect verifiable outcome data addressed under the area of 'home school relations' which should include the percentage of elementary school parents that sign and return report cards, the percentage of parents who attend at least one formal parent-teacher conference, the percentage of parents who actively volunteer at or for the school, the percentage of parents who participate in parenting training and parenting workshops sponsored by the school, the percentage of parents who follow through with appointments or referrals, and other areas identified by research to be related to parent involvement and improved student outcomes."
SECTION 7. Section 59-26-20 of the 1976 Code is amended by adding at the end:
"(o) Adopt program approval standards so that, beginning with school year 1992-93, students who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel shall complete training and teacher development experiences in working with at-risk youth and their parents. Special attention must be given to teaching and student development techniques found by research to promote, at a minimum, high academic achievement, high self-esteem, and high adolescent social conduct and responsibility."
SECTION 8. Section 59-65-50 of the 1976 Code is amended to read:
"Section 59-65-50. (A) If the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in Section 59-65-10, the board or its designee shall report such the nonattendance in writing to the solicitor juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate's courts notwithstanding the provisions of Section 22-3-540; provided, that. However, no one except the board of trustees or its designee shall have has the authority to institute the proceedings herein in this article.
(B) The board of trustees of a school district shall notify parents or guardians of students of the school attendance laws and their penalties and consequences at the beginning of each school year. The student's parents or guardians must be notified when the student has accumulated three consecutive unexcused absences or five cumulative unexcused absences. Notice must be by telephonic contact with the student's parent or guardian by the end of the school day in which the last absence occurred, or by regular mail sent no later than the following school day, or by any other reasonable means.
(C) (1) After three consecutive unexcused absences or five cumulative unexcused absences, the school district shall schedule a conference with the student and parent or guardian no later than five school days after the date of the last absence and formulate a proposed intervention plan to ensure the student's continued attendance. The plan must include all available services and programs that reasonably could be expected to assist in improving attendance. The plan must be reduced to writing by the school district and a copy provided to the parents no later than five working days after the conference.
(2) If the parent or guardian fails to comply with the request for a conference with attendance officials, the attendance official may apply to either a magistrate or the family court for a summons ordering the parent or guardian to appear before the magistrate or family court or at some designated place, including the school, to confer with school attendance officials. Magistrates shall issue the summons upon request in the manner that jury summons are issued. Failure to comply with the summons is punishable by contempt.
(D) After a child has had six consecutive unexcused absences or a total of eight unexcused absences, the school district shall file a report with the solicitor. The report must indicate the affirmative action taken by the district to work with the parents and all other appropriate entities
to secure the child's attendance. The solicitor may ask either the South Carolina Department of Social Services or the South Carolina Department of Youth Services to conduct an investigation of the circumstances surrounding the child's absence from school and to recommend services appropriate to rectify the situation.
(E) If, during the activities designed to remedy truant behavior as described in Section 59-65-60, the parents or legal guardian of the student who is the subject of these activities transfers the student to another school district in the State, the administration of the school from which the student transferred shall include all plans and documentation associated with improving attendance with the official records that are sent to the receiving school district.
(F) A school board which wilfully fails to follow the requirements of this section may be cited for contempt of court and subject to a fine not to exceed five hundred dollars."
SECTION 9. Section 59-65-60 of the 1976 Code is amended to read:
"Section 59-65-60. (A) Upon receipt of such the report, the court immediately may forthwith order the appearance before such the court of the responsible parent or guardian and if it deems considers necessary, the minor involved, for such action as the court may deem consider necessary to carry out the provisions of this article. The court may direct the Department of Social Services or the Department of Youth Services to conduct an investigation of the circumstances surrounding the child's absence from school and to recommend services appropriate to rectify the situation.
(B) The court may, after hearing upon ten days notice, may order such the parent or guardian to require such the child to attend school and upon failure of such. A parent who fails to comply with such the order may punish such is guilty of parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or and must be fined not more than two hundred fifty dollars or imprisoned for not more than thirty days imprisonment for each offense. The continued or habitual unexcused absence of a child is prima facie evidence of a violation. However, the family court, upon finding that the parent has made a bona fide and diligent effort to control and keep the child in school, shall excuse the parent or guardian from any fines prescribed in this article and refer the parent and child for counseling, guidance, or other needed services. In lieu of the fine and imprisonment, the court may provide for the parent or guardian to perform public service work or participate in services or programs designed to correct the situation that led to the child's nonattendance. The services or programs include, but are not limited to, substance abuse treatment and family therapy.
(C) The court must at the attendance hearing order the child to attend school by placing the child under an attendance order which may require that the child have no unexcused absences from school for the remainder of the current school year. The court shall further inform the child that failure to comply with the order of the court may result in the child being brought back before the court and, upon being found to be truant and adjudicated as a status offender, temporarily committed to the Department of Youth Services' Reception and Evaluation Center or referred by the court as a condition of probation to some other appropriate community based treatment. If a child violates the terms of the attendance order imposed on him by the court and is brought back into court for this violation, after the court determines and specifically finds that a child's nonattendance in school has occurred without the knowledge, consent, or connivance of the responsible parent or guardian, or that a bona fide attempt has been made by the parents to control and keep the child in school, and after the court finds that the school district has taken all appropriate action to rectify the nonattendance situation, the court may declare the child to be a truant, adjudicate the child as a status offender, and subject the child to the provisions of law in these cases.
(D) If the minor is found to be a habitual or chronic truant, the family court may commit the minor to the Reception and Evaluation Center of the Department of Youth Services, commit the minor to the Chronic Status Offenders Program at the Department of Youth Services, refer the child to the local mental health center for assessment and evaluation, place the minor on probation or issue an order directing other reasonable action for the best interest of the child, including community service, that does not include detention. Before a minor may be committed to the Reception and Evaluation Center or to the Chronic Status Offenders Program, the court must consider whether all appropriate alternative services and programs available in the community have been exhausted.
(E) The court may utilize 'electronic home detention' of the child to carry out the provisions of this article. The court may order the parent or guardian to cooperate with an electronic home detention requirement.
(F) If the court finds that the parent or guardian has not made a bona fide and diligent effort to keep the child in school, the family court may, in addition to imposing the fines listed in this section, order the parent to attend a parental responsibility program jointly approved by the Department of Education, the Department of Social Services, and the Department of Youth Services. The Department of Education, the Department of Social Services, and the Department of Youth Services may identify appropriate parental responsibility programs offered by both public and private groups, including community-based programs. The court may suspend or reduce any fine imposed upon successful completion of the parental responsibility program or the performance of community service but may not otherwise suspend or reduce the fine. The wilful failure to complete successfully the program or service in a timely manner must be treated as contempt of court. In addition, the family court may place the parent or guardian on probation with the Department of Probation, Parole and Pardon Services for a period not to exceed one year and may require participation in any other services or treatment which the court considers necessary.
(G) The procedure herein provided shall be provisions of this section are an alternative to the penalties provided in Section 59-65-20."
SECTION 10. The provisions of this act do not in any way alter, amend, or repeal the provisions of Section 59-65-30, Code of Laws of South Carolina, 1976, relating to the exceptions to compulsory attendance laws, or Section 59-65-40, relating to home schooling.
SECTION 11. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator McCONNELL proposed the following amendment (Doc. No. 3566J), which was adopted:
Amend the report, as and if amended, page 6, line 8 of Section 59-65-50 (C)(1), as contained in SECTION 8, by striking /parents/ and inserting therein /parent or guardian/ .
Amend the report further, as and if amended, page 6, line 4 of Section 59-65-50(D), as contained in SECTION 8, by striking /parents/ and inserting therein /parent or guardian/.
Amend the report further, as and if amended, page 8, line 3, in Section 59-65-60(B), as contained in SECTION 9, by inserting after the word /parent/ the words /or guardian/.
Amend the report further, as and if amended, page 8, line 10, in Section 59-65-60(B), as contained in SECTION 9, by inserting after the word /parent/ the words /or guardian/.
Amend the report further, as and if amended, page 8, line 12, in Section 59-65-60(B), as contained in SECTION 9, by inserting after the word /parent/ the words /or guardian/.
Amend the report further, as and if amended, page 9, line 6, by striking the word /parents/ and inserting the words /parent or guardian/ in Section 59-65-60(C), as contained in SECTION 9.
Amend the report further, as and if amended, page 10, line 1, in Section 59-65-60(F), as contained in SECTION 9, by inserting after the word /parent/ the words /or guardian/.
Amend the report further, as and if amended, page 10, beginning on line 16, by striking Section 59-65-60(G), as contained in SECTION 9, in its entirety and inserting therein the following:
/The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20."/
Amend the report further, as and if amended, by adding an appropriately numbered SECTION to the report to read:
/SECTION ___. Section 59-65-20 of the 1976 Code is amended to read:
"Section 59-65-20. Any parent or guardian who neglects to enroll his child or ward or refuses to make such child or ward attend in school shall, upon conviction, be fined not more than fifty dollars or be imprisoned not more than thirty days; each day's absence shall constitute a separate offense; provided, the court may in its discretion suspend the sentence of anyone convicted of the provisions of this article section."/
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.
On motion of Senator SETZLER, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the third reading of the Bill.
Senator SETZLER proposed the following amendment (Doc. No. 3624R, G2), which was adopted:
Amend the bill, as and if amended, page 6, line 32, Section 57-25-140(A)(6), by adding the following after the word "located" and before the /;/:
/, including any signs advertising a business located on property under single ownership on which are located two or more businesses, regardless of leasing arrangements/
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 1575 -- Senator Russell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WARBIRDS, INC., IN SPARTANBURG COUNTY.
On motion of Senator RUSSELL, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator RUSSELL, with unanimous consent, S. 1575 was ordered to receive a second reading on Friday, April 27, 1990.
On motion of Senator RUSSELL, with unanimous consent, S. 1575 was ordered to receive a third reading on Monday, April 30, 1990.
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed that when the Senate adjourn, that it meet for local and uncontested matters on Friday at 11:00 A.M. and that when it adjourns on Friday that it meet for local and uncontested matters on Monday at 11:00 A.M. and that when it adjourns on Monday, that the Senate stand adjourned to meet on Tuesday, May 1, 1990, at 12:00 Noon.
At 7:06 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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