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, the psalmist again sang Psalm (90:2):

"Before the mountains were brought forth,

Or ever Thou hadst formed the earth

and the world,

Even from everlasting to everlasting,

Thou art God."
Let us pray.

Lord God, give us the long view of life... especially now when we are caught up in the whirlwind of temporary crises... and feel the heat of momentary issues.

Through the tedious hours of committee deliberations and public debate keep our dispositions serene and our spirits magnanimous toward each other.

In the pursuit of our individual duty, and our personal goals, keep us diligent. As we see our high trust, keep us faithful. Amidst the fickleness of human nature, keep us loyal to the best we know.

At day's end give us the peace of a good conscience, because we have done justly, loved mercy, and walked humbly with our God... in Jesus' Name.

Amen.

H. 4199 -- Rep. Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-41-35 SO AS TO PROVIDE THAT NO INDIVIDUAL MAY EXEMPT FROM THE PROPERTY OF THE ESTATE IN ANY BANKRUPTCY PROCEEDING THE PROPERTY SPECIFIED IN SECTION 522(d) OF THE BANKRUPTCY REFORM ACT (PUBLIC LAW 95-598) EXCEPT AS MAY BE EXPRESSLY PERMITTED BY THE LAWS OF THIS STATE.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the third reading of the Bill.

On motion of Senator WILLIAMS, the Bill was read the third time and having received three readings in both Houses it was ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the third reading of the Bill.

On motion of Senator WILLIAMS, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

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.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the third reading of the Bill.

Senator WILLIAMS explained the Bill.

On motion of Senator WILLIAMS, the Bill was read the third time and having received three readings in both Houses it was ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 1604 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT IN ADDITION TO 1990 PROPOSALS MAY ALSO BE MADE FOR THE GENERAL ELECTION YEARS 1992 AND 1994 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL WITH ONLY ONE QUESTION BEING REQUIRED TO BE SUBMITTED TO THE ELECTORS, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IF THOSE PROVISIONS RELATE TO THE SUBJECT MATTER OF THE ARTICLE BEING REVISED OR PROPOSED.

On motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was taken up for immediate consideration.

The question being the second reading of the Resolution.

On motion of Senator WILLIAMS, the Joint Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the second reading of the Bill.

On motion of Senator WILLIAMS, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.

On motion of Senator WILLIAMS, 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. 1998X) was adopted as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 44-53-520(j) of the 1976 Code is amended to read:

"(j)   Whenever property is seized as provided for under this section, the law enforcement agency making the seizure shall, within ten days of the seizure or within a reasonable period of time where special need can be demonstrated, submit a report to its governing body with copies to the Attorney General's Office and the Division of General Services. The report shall provide the following information with respect to the property: (a) description, (b) circumstances of seizure, (c) present custodian and where being stored or its location, (d) name of owner, (e) name of lienholder, if any, (f) seizing agency, and (g) the type and quantity of the controlled substance involved. If the property is a conveyance, the report shall include the following: the make, model, and year of the conveyance; the person in whose name the conveyance is registered; and the person who holds the title of ownership. When property and monies of any value as defined in this section or anything else of any value is seized, the law enforcement agency making the seizure shall, within ten days or a reasonable period of time after the seizure, submit a report to the appropriate prosecution agency. The report shall provide the following information with respect to the property seized:

(1)   description;

(2)   circumstances of seizure;

(3)   present custodian and where the property is being stored or its location;

(4)   name of owner;

(5)   name of lienholder, if any;

(6)   seizing agency, and

(7)   the type and quantity of the controlled substance involved.

If the property is a conveyance, the report shall include:

(1)   the make, model, serial number, and year of the conveyance;

(2)   the person in whose name the conveyance is registered; and

(3)   the name of any lienholders."

SECTION 2.   Section 44-53-530 of the 1976 Code is amended to read:

"Section 44-53-530.   (a)   Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in the seizure.

Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.

The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.

If there is a dispute as to which law enforcement agency initiated the seizure the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (b) of this section.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency or agencies. Property transferred may not be used to supplant operating funds within the current or future budgets. If any property seized is a conveyance or equipment, the judge may determine all other issues concerning interests in and disposition of the property before him. If any property seized is not a conveyance or equipment, disposition must be made pursuant to subsection (b) of this section; however, disposition of monies, negotiable instruments, and securities must be made pursuant to subsection (c) of this section. The law enforcement agency initiating the seizure of a conveyance or equipment may request the court to have the property transferred to the law enforcement agency upon a showing of need. Property transferred to the agency may not be used to supplant operating funds within the law enforcement agency's current or future budgets. Any expenditure of the proceeds from the sale of the property by a law enforcement agency for an item that would have a recurring expense to the governing body must be approved by the governing body prior to the purchase. If the seizing agency does not request transfer, any other appropriate agency may request transfer upon a showing of need.

Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.

(b)   (1)   If the property is seized by a state law enforcement agency and is not transferred by the court to an the seizing agency, the judge shall order it transferred to the Division of General Services for sale. The Division shall sell or transfer the property as it considers appropriate. If the property is sold, proceeds Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer to be placed in a special account as provided in subsection (d) of this section. The Division of General Services may authorize payment from the special account of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.

(2)   If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.

(3)   All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:

(A)   ninety percent to the law enforcement agency or agencies; and

(B)   ten percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.

(c)   The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure. Whenever monies, in excess of one thousand dollars, negotiable instruments, or securities are forfeited under the provisions of this section, the judge shall provide for the transfer of the items to the State Treasurer, who shall retain them in a special account. The State Treasurer may convert them into other forms of value for deposit.

(d)   All forfeited monies and proceeds from the sale of forfeited property as defined by Section 44-53-520 must be retained by the governing body of the local law enforcement agency or in the case of a state law enforcement agency, by the State Treasurer, and deposited and maintained in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency for drug enforcement activities. These accounts may not be used to supplant operating funds within the current or future budgets. Any expenditures from these accounts for an item that would be a recurring expense to the governing body must be approved by the governing body before the purchase, or in the case of a state law enforcement agency, approved as provided by law. All expenditures from these funds must be documented, and the documentation must be available for audit purposes."

SECTION 3. (A) For the purpose of the disposition of property, including cash, seized and forfeited pursuant to the provisions of Sections 44-53-520 and 44-53-530 of the 1976 Code, from July 1, 1990, through June 30, 1992, Section 44-53-530 of the 1976 Code does not apply and subsection (B) of this section applies.

(B)(1)   Forfeiture of property defined in Section 44-53-520 of the 1976 Code must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure.

Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.

The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582 of the 1976 Code.

If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to item (2) of this subsection.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency upon agreement. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets.

(2)   If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in item (7) of this section. The Division of General Services may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.

(3)   If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.

(4)   Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.

All proceeds of property and cash forfeited by consent order must be disposed of as provided in item (5) of this subsection.

(5)   All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520 of the 1976 Code when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:

(i)   seventy-five percent to the law enforcement agency or agencies;

(ii)   twenty percent to the prosecuting agency; and

(iii)   five percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.

(6)   The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure unless otherwise agreed to by the law enforcement agency and prosecuting agency.

(7)   All forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 of the 1976 Code must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.

These accounts must not be used to supplant operating funds in the current or future budgets. Any expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase, or in the case of a state law enforcement agency or prosecution agency, approved as provided by law.

In the case of a state law enforcement agency or state prosecution agency, monies and proceeds must be remitted to the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.

All expenditures from these accounts must be documented, and the documentation made available for audit purposes.

SECTION 4. Sections 44-53-584 and 44-53-588 of the 1976 Code are repealed.

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

On motion of Senator WILLIAMS, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Senator J. VERNE SMITH introduced Dr. Harold Shaw of Greenville, Doctor of the Day.

On motion of Senator WILSON, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

On motion of Senator MACAULAY, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Miss Jenny Merritt and her parents, Mr. and Mrs. Gene Merritt.

On motion of Senator MACAULAY, with unanimous consent, the Privilege of the Floor was extended to Miss Jenny Merritt for the purpose of presenting a Certificate on the occasion of her being elected Governor of Girls' State.

On motion of Senator HELMLY, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to the members of the Berkeley High School's Odyssey of the Mind team - Tommy Curtis, Kim Driggers, Lisa Leach, Jon Mouzon, Ky Nguyen, James Orvin, and Meredith Sykes and their Coach Cinda Meyer - on the occasion of winning first place at the 1990 state competition.

On motion of Senator PATTERSON, with unanimous consent, the Privilege of the Floor was extended to the ten members of Parliament from the Republic of Botswana.

Columbia, S.C., May 22, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
asks for a Committee of Conference, and has appointed Reps. Lanford, Moss and T.C. Alexander of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon the PRESIDENT appointed Senators DRUMMOND, FIELDING and STILWELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., May 22, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408,
62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 22, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Wilkins, Gregory and McEachin of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 22, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow,
Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 22, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference 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., May 22, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
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.

H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.

On motion of Senator MACAULAY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MACAULAY explained the Report.

On motion of Senator MACAULAY, with unanimous consent, the Report (Doc. No. 2007X) was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Act 108 of 1989, is further amended to read:

"The first twenty thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."

SECTION 2. The provisions of the first paragraph of Section 12-37-250, as amended by Section 1 of this act, are effective for tax years beginning after December 31, 1989.

SECTION 3. This act takes effect upon approval by the Governor./

Alexander S. Macaulay             Pat Harris
Nell W. Smith                     Dill Blackwell
Sam Stilwell                      Lewis R. Vaughn
On Part of the Senate               On Part of the House

, and a message was sent to the House accordingly.

H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.

On motion of Senator LEE, with unanimous consent, the Bill was recalled from the Committee on Fish, Game and Forestry.

On motion of Senator LEE, the Bill was taken up for immediate consideration.

Senator RUSSELL proposed the following amendment (Doc. No. 1534o), which was adopted:

Amend the bill, as and if amended, Section 50-25-1320, as contained in SECTION 1, page 2, after line 37, by inserting an appropriately numbered item to read:

/( ) There is no minimum or maximum restriction on length of watercraft./

Renumber items to conform.

Amend title to conform.

Senator LEE proposed the following amendment (Doc. No. 1935X), which was adopted:

Amend the bill, as and if amended, by striking Section 50-25-1330, as contained in SECTION 1, beginning on page 2, and inserting:

/Section 50-25-1330. On Lake H. Taylor Blalock in Spartanburg County:

(1)   No watercraft with an outboard motor having a horsepower rating in excess of eighty-five horsepower is permitted.

(2)   No watercraft with an outboard motor in excess of the United States Coast Guard rating, with Coast Guard rating plate missing or changed, is permitted.

(3)   No watercraft powered by an outdrive or inboard motor having an engine automotive horsepower rating in excess of one hundred eighty horsepower is permitted. This restriction does not apply to towboats which have been approved by the American Waterski Association./

Amend further, by striking Section 50-25-1340 and inserting:

/Section 50-25-1340. On Lake H. Taylor Blalock it is unlawful to:

(1)   waterski or tow rafts, discs, or other similar floating devices within three hundred feet of any bridge or within one hundred feet of public dock facilities of the Spartanburg Water System;

(2)   waterski and tow rafts, discs, or other similar floating devices upstream and west of the Parris Bridge Road Bridge which crosses over Lake H. Taylor Blalock;

(3)   pull more than two skiers at one time from any boat or to waterski while carrying one or more persons piggyback./

Amend further, in Section 50-25-1370, page 3, by inserting before /must/ on line 36, /, upon conviction,/.

Amend title to conform.

Senator RUSSELL proposed the following amendment (Doc. No. 1535o), which was adopted:

Amend the bill, as and if amended, Section 50-25-1350, as contained in SECTION 1, page 3, after line 22, by inserting an appropriately numbered item to read:

/( ) operate a watercraft between midnight and one hour before sunrise./

Renumber items to conform.

Amend title to conform.

On motion of Senator LEE, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator LEE, with unanimous consent, H. 4771 was ordered to receive a third reading on Thursday, May 24, 1990.

The following were introduced:

S. 1614 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY BOYS' HIGH SCHOOL BASKETBALL TEAM UPON WINNING THE 1989-90 BOYS CLASS AA STATE CHAMPIONSHIP.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1615 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. GEORGE HIGH SCHOOL VARSITY BASKETBALL TEAM IN DORCHESTER COUNTY UPON WINNING THE 1989-90 BOYS' CLASS A STATE CHAMPIONSHIP.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1616 -- Senators Wilson and Patterson: A CONCURRENT RESOLUTION TO COMMEND THE CAMPUS I/IRMO MIDDLE SCHOOL NATIONAL SCIENCE OLYMPIAD TEAM FOR WINNING FIRST PLACE HONORS AT THE SIXTH ANNUAL NATIONAL SCIENCE OLYMPIAD AT CLARION UNIVERSITY IN CLARION, PENNSYLVANIA.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

H. 5140 -- Reps. J.C. Johnson, McAbee, Carnell, Foster, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO RECOGNIZE MS. MARIA MCALISTER PYLES OF GREENWOOD UPON BEING NAMED THE 1990 DISTRICT 50 TEACHER OF THE YEAR AND THE 1990 SOUTH CAROLINA TEACHER OF THE YEAR.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5127 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.

Read the first time and referred to the Committee on Transportation.

H. 5128 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANDRUM SPORTS ASSOCIATION, INC., IN SPARTANBURG COUNTY.

Read the first time and on motion of Senator LEE, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator LEE, with unanimous consent, H. 5128 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5129 -- Rep. Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN PHOTOGRAPHIC LABORATORY, INC., IN DARLINGTON COUNTY.

Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator SALEEBY, with unanimous consent, H. 5129 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator MATTHEWS, from the Committee on Judiciary, submitted a majority favorable and Senator THOMAS a minority unfavorable report on:

S. 432 -- Senators Waddell, Lee and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 52 SO AS TO PROVIDE FOR THE PARI-MUTUEL SPORTS ACT BY ESTABLISHING PURPOSES, DEFINITIONS, THE RACING COMMISSION AND ITS POWERS AND DUTIES, RACETRACK MEETINGS, TESTING, LICENSING, DISTRIBUTION OF MONEY, TAXES, RACING DAYS, SOUTH CAROLINA RACES, WAGERING, THE APPLICATION TO STATE AND COUNTY FAIRS, EJECTION AND EXCLUSION FROM A RACETRACK, RELATED OFFENSES, PENALTIES, BUSINESS CONDUCTED ON LICENSED PREMISES, AND REVIEW OF THE COMMISSION; AMEND THE 1976 CODE BY ADDING SECTION 16-19-170 SO AS TO PROVIDE THAT CONDUCT AUTHORIZED BY THIS ACT IS LEGAL AND SECTION 32-1-60 SO AS TO PROVIDE FOR CONTRACT LAW NOT TO APPLY TO CONTRACTS AUTHORIZED PURSUANT TO THIS ACT; REPEAL SECTIONS 52-5-10 THROUGH 52-5-40 RELATING TO HORSE RACING; ADD THE OFFENSES PROVIDED IN THIS ACT TO THE LIST OF FELONIES IN SECTION 16-1-10; PROVIDE FOR A STATEWIDE REFERENDUM ON HORSE AND GREYHOUND RACING WITH PARI-MUTUEL WAGERING; PROVIDE FOR THE COMMISSION'S INITIAL TERMS; AND PROVIDE FOR THE ACT'S EFFECTIVE DATE AFTER THE REFERENDUM.

Ordered for consideration tomorrow.

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:

H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.

Ordered for consideration tomorrow.

The following Bills and Joint Resolutions 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. 5021 -- Rep. Gordon: A BILL TO AMEND SECTION 7-7-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.

H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.

H. 5090 -- Reps. Koon and Derrick: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.

H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.

H. 4924 -- Rep. Blackwell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.

H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

The amendment proposed by the Committee on Transportation (Doc. No. 3709R, G2) was adopted as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. Section 56-5-760 of the 1976 Code is amended to read:

"Section 56-5-760. (a) (A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions of this section.

b. (B) The driver of an authorized emergency vehicle may:

1. (1) park or stand, notwithstanding any other provision of this chapter;

2. (2) proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation;

3. (3) exceed the maximum speed limit so long as if he does not endanger life or property;

4. (4) disregard regulations governing direction of movement or turning in specified directions.

c. (C) The exemptions herein in this section granted to an authorized emergency vehicle shall apply only when such the vehicle is making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700 of this chapter, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a blue light visible from in front of the vehicle use an audible signal nor display a visual signal when the vehicle is being used to:

(1) obtain evidence of a speeding violation;

(2) respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

(3) surveil another vehicle or its occupants who are suspected of involvement in a crime.

d. (D) The provisions of this section shall do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(E) The Criminal Justice Academy shall promulgate regulations pursuant to the Administrative Procedures Act so as to provide uniform guidelines and training programs for law enforcement agencies which use emergency vehicles. Law enforcement agencies authorized to use emergency vehicles shall use the regulations developed by the Criminal Justice Academy to provide written guidelines and to provide training programs for its officers and employees regarding the operation of emergency vehicles."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator LAND explained the amendment.

On motion of Senator BRYAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

The following Joint Resolution having been read the second time was passed and ordered to a third reading:

S. 1611 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator GIESE, with unanimous consent, S. 1611 was ordered to receive a third reading on Thursday, May 24, 1990.

The following Bills and Concurrent Resolution were carried over:

H. 4747 -- Reps. Harvin and Blackwell: A BILL TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISIONS PROVIDING FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO REPEAL SECTION 58-12-130, RELATING TO THE FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT.

(On motion of Senator LEATHERMAN)

S. 1584 -- Senator Land: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO INCREASE THE PENALTY FOR LATE OR UNPAID INSTALLMENTS OF COMPENSATION FROM TEN PERCENT TO TWENTY-FIVE PERCENT, DELETE PROVISIONS, AND ADD PROVISIONS REGARDING THE PROCEDURE FOR HANDLING LATE OR UNPAID INSTALLMENTS.

(On motion of Senator DRUMMOND)

H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.

(On motion of Senator LEATHERMAN)

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

There being no further amendments to Part I of the General Appropriation Bill, with the exception of those amendments carried over to third reading, on motion of Senator WADDELL, with unanimous consent, the Senate proceeded to a consideration of Part II.

Senator HINDS proposed the following Amendment No. 254 (Doc. No. 0735I), which was adopted:

Amend the bill, as and if amended, Part II , Section 2 , Page 738 by (check one):

Deleting the proviso in its entirety.

Amend Sections, Totals And Title To Conform.

Senator HINDS argued in favor of the adoption of the amendment.

Senator HINDS moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 271 (Doc. No. 4025R), which was tabled:

Amend the bill, as and if amended, Part II, Section 3, Page 738, right column, by:

Striking lines 10 through 14.

Amend Sections, Totals And Title To Conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator WADDELL argued contra.

Senator PASSAILAIGUE spoke on the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator WADDELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Courson                   Drummond                  Fielding
Giese                     Gilbert                   Hayes
Helmly                    Hinds                     Hinson
Holland                   Leatherman                Lee
Long                      Martin                    Matthews
McGill                    McLeod                    Moore
Mullinax                  O'Dell                    Patterson
Peeler                    Pope                      Russell
Saleeby                   Setzler                   Shealy
Smith, H.C.               Smith, J.V.               Smith, N.W.
Stilwell                  Waddell                   Williams
Wilson                    

Bryan                     Macaulay                  Martschink
McConnell                 Passailaigue              Rose
Thomas                    

The amendment was laid on the table.

The Senate debate on this amendment was very confusing. I believe that tax conformity has resulted in a back door tax increase. Senator Passailaigue has attempted to explain that the proviso in the Bill will result in a tax increase over a five year period. The opposition to Senator Passailaigue's amendment said it wouldn't, but failed to, by clear and convincing debate, refute his allegation. The amendment should have been discussed further. Thus, I voted against tabling as we should avoid tax increases.

The Senate debate on the amendment bearing Document No. 4025R, on Wednesday, May 23, 1990, was very confusing and left me uncertain about the relevant facts. Senator Passailaigue maintained that the proviso in the bill will result in a one-time tax increase of over fifty million dollars, paid by individuals and corporations, and that tax conformity could be achieved in a revenue neutral manner. The Chairman of the Senate Finance Committee conceded that the proviso would cause a one-time tax increase of some thirty-eight million dollars, and maintained that all of this tax increase would be paid only by corporations. It was hard to know the truth, but since all parties conceded the proviso would result in a high tax increase and that tax conformity could have been achieved without increasing taxes, I voted not to table the amendment to delete the proviso imposing the tax increase.

Debate was interrupted by recess.

At 1:14 P.M., on motion of Senator WADDELL, the Senate receded from business until 3:00 P.M.

At 3:11 P.M., the Senate resumed.

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators LEATHERMAN, LEE and HOLLAND of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.

On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators HOLLAND, PATTERSON and LEE of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:

S. 1589 -- Senators Mullinax, Macaulay and O'Dell: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.

The Senate resumed consideration of the Bill. The question being the third reading of the Bill.

Senators THOMAS and POPE proposed the following Amendment No. 298 (Doc. No. 2002X), which was tabled:

Amend the Finance Committee Report, as and if amended, PART II, by adding after SECTION 4:

TO AMEND CHAPTER 21, TITLE 12 OF THE 1976 CODE, RELATING TO STAMP AND BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO IMPOSE A SEVERANCE TAX ON PRECIOUS METALS.
A. Chapter 21, Title 12 of the 1976 Code is amended by adding:

Section 12-21-4010. There is imposed a tax on the severance from the earth in this State of gold and all other precious metals. The tax is imposed on every mining operation engaged in the severance of precious metals. The rate of the tax for all precious metals severed is six percent, for each ounce or fraction of an ounce severed, of the average daily price of an ounce of the particular precious metal for the preceding calendar year as traded on the London Exchange for precious metals.

Section 12-21-4020. The tax imposed by Section 12-21-4010 is due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues.

Section 12-21-4030. The first 2083.33 ounces of precious metal severed in one month is exempt from the tax imposed by this article. Unused exemptions may be carried forward to succeeding months, but the total amount exempted in one year may not exceed twenty-five thousand ounces.

Section 12-21-4040. For the purposes of this article, 'mining' means an operation by which precious metals are extracted, mined, or taken from the earth. 'Mining' includes the ordinary treatment processes normally applied by mine owners or operators to obtain the commercially marketable product.

Section 12-21-4050. A person subject to the tax under this article shall make a return stating the information the commission prescribes. The return must be signed by the taxpayer or an authorized agent of the taxpayer, under penalty of perjury. The provisions of Chapter 54 of this title apply to the tax imposed by this article.

Section 12-21-4060. When the commission considers it necessary, it may require a person, by notice served upon the person, to make a return, give statements under oath, or keep records as it considers sufficient to show whether or not the person is liable for the tax under this article or in what amount.

Section 12-21-4070. The tax imposed by this article is in addition to any other applicable tax or fee, imposed or provided for by the laws of this State with respect to the property, activities, or operations described in this article or with respect to the person carrying out those activities or operations."

B.   This section takes effect July 1, 1990, and applies with respect to precious metals severed from the earth after June 30, 1990./

Renumber sections to conform.

Amend totals and title to conform.

Senator THOMAS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Hayes
Helmly                    Hinds                     Hinson
Holland                   Land                      Leatherman
Lee                       Leventis                  Lindsay
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McLeod
Mitchell                  Moore                     Passailaigue
Peeler                    Rose                      Russell
Saleeby                   Setzler                   Shealy
Smith, H.C.               Smith, J.V.               Smith, N.W.
Stilwell                  Waddell                   Williams
Wilson                    

Long                      McGill                    Mullinax
O'Dell                    Patterson                 Pope
Thomas                    

The amendment was laid on the table.

Senator LAND proposed the following Amendment No. 94 (Doc. No. 0682I), which was tabled:

Amend the bill, as and if amended, Part II , Section 4 , Page 0739 by (check one):

Deleting the proviso in its entirety.

Amend Sections, Totals And Title To Conform.

Senator LAND argued in favor of the adoption of the amendment.

Senator HINSON moved to lay the amendment on the table.

A roll call vote was ordered.

Senator LAND asked unanimous consent to make a motion to withdraw the amendment.

Senator DRUMMOND objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Drummond                  Gilbert                   Hayes
Hinson                    Holland                   Leatherman
Lindsay                   Matthews                  McLeod
O'Dell                    Pope                      Russell
Smith, H.C.               Smith, J.V.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

Bryan                     Courson                   Fielding
Helmly                    Hinds                     Land
Lee                       Leventis                  Long
Lourie                    Macaulay                  Martschink
McConnell                 McGill                    Moore
Mullinax                  Passailaigue              Patterson
Peeler                    Rose                      Saleeby
Shealy                    Smith, N.W.               

The Senate refused to table the amendment.

I would vote to strike the provision relating to the license fees for coin-operated devices because, by making the revenue derived from these devices such a significant part of its public revenues, the State would become dependent upon it, and, in effect, would be legitimizing the practices that make these devices so profitable.

The more government profits from the increased use of those coin-operated devices, the less incentive there would be to govern those operations. On the other hand, if the profit is eliminated by enforcement of the applicable laws, then, there would not be the anticipated windfall and shortfall could result in devastating mid-year cuts to essential programs.

The question was the adoption of the amendment.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator SETZLER assumed the Chair.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator BRYAN asked unanimous consent to make a motion, with Senator DRUMMOND retaining the floor, to carry over the amendment, as well as all other amendments pertaining to Part II, Section 4, of the Bill.

Senator MULLINAX objected.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

Senator SHEALY raised a Point of Order that the motion to table was out of order inasmuch as the Senate had just voted by a roll call vote of 19-23 to refuse to table the amendment.

The ACTING PRESIDENT overruled the Point of Order and stated that a motion to table was in order when there has been substantial progress in the debate.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Drummond                  Fielding                  Giese
Gilbert                   Hayes                     Hinson
Holland                   Leatherman                Lindsay
Lourie                    Matthews                  McLeod
Patterson                 Pope                      Russell
Setzler                   Smith, H.C.               Smith, J.V.
Stilwell                  Thomas                    Waddell
Wilson                    

Bryan                     Courson                   Hinds
Land                      Lee                       Leventis
Long                      Macaulay                  Martschink
McConnell                 McGill                    Moore
Mullinax                  O'Dell                    Passailaigue
Peeler                    Rose                      Saleeby
Shealy                    Smith, N.W.               

The amendment was laid on the table.

I would vote to strike the provision relating to the license fees for coin-operated devices because, by making the revenue derived from these devices such a significant part of its public revenues, the State would become dependent upon it, and, in effect, would be legitimizing the practices that make these devices so profitable.

The more government profits from the increased use of those coin-operated devices, the less incentive there would be to govern those operations. On the other hand, if the profit is eliminated by enforcement of the applicable laws, then, there would not be the anticipated windfall and shortfall could result in devastating mid-year cuts to essential programs.

My opposition to the House passed version of raising the fees on Class III machines from six hundred dollars to fifteen hundred dollars is from the perspective that this would be placing into the base of the budget of this State, a source of revenue which may or may not be reliable. To my knowledge, there has been no certification to the reliability of this revenue. If the revenue is not reliable, then the budget would reflect deficit financing.

On motion of Senator WADDELL, with unanimous consent, all amendments pertaining to Part II, Section 4, were carried over.

The PRESIDENT assumed the Chair.

Senator ROSE requested and was granted a leave of absence from 3:50 until 5:00 P.M. today.

Senator GIESE requested and was granted a leave of absence from 6:45 P.M. until 12:00 Midnight.

Senator WILSON requested and was granted a leave of absence from 6:30 until 8:00 P.M. today.

Senator SETZLER requested and was granted a leave of absence on Thursday, May 24, 1990 from 6:30 until 8:30 P.M.

Senator SALEEBY requested and was granted a leave of absence from 12:00 Noon on Friday, May 25, until Monday, May 28, 1990.

Senator FIELDING requested and was granted a leave of absence for Thursday, May 24, 1990 from 5:00 until 10:00 P.M.

Senator LEVENTIS requested and was granted a leave of absence for Thursday, May 24, 1990, beginning at 6:30 P.M. for the remainder of the evening.

Senators McLEOD, PASSAILAIGUE and LEVENTIS proposed the following Amendment No. 166 (Doc. No. 1567o), which was carried over:

Amend the bill, as and if amended, Part II, SECTION 6, by striking SECTION 6 in its entirety and inserting:

/SECTION 6 TO AMEND SECTION 44-93-160 OF THE 1976 CODE, RELATING TO THE FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO INCREASE THE FEES; TO AMEND SECTION 44-93-170, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE FUND AMOUNT AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE TREATMENT FEE MUST BE CREDITED TO THE INFECTIOUS WASTE CONTINGENCY FUND IS INCREASED FROM ONE MILLION TO FIVE MILLION DOLLARS; AND TO AMEND THE 1976 CODE, BY ADDING SECTION 44-93-210 SO AS TO PLACE CERTAIN LIMITS ON THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR, AND TO AUTHORIZE AN INCREASE IN THE FEES FOR BURNING INFECTIOUS WASTE WHERE THE LIMITATIONS PER MONTH ON THE TONNAGE OF WASTE WHICH MAY BE BURNED ARE UNLAWFULLY VIOLATED.

(1)   Section 44-93-160(A) of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"(A)   There is imposed a fee on the commercial treatment of infectious waste in this State equal to thirty dollars a ton on the pretreatment weight of infectious waste generated outside of this State and twenty-five dollars a ton on the pretreatment weight of infectious waste generated within this State."

(2)   Section 44-93-170 of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"Section 44-93-170. The department shall establish an infectious Waste Contingency Fund to insure the availability of funds for response actions necessary at commercial infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action associated with infectious waste. This fund must be financed by the fees imposed pursuant to Section 44-93-160. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees collected must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected pursuant to Section 44-93-160 continuing to be placed into a separate and distinct account for counties as provided in this item. Interest earned by the funds must be credited to the fund and that portion of interest earned attributable to the county account must be credited to the county account. Interest credited to the county account must be distributed in the same proportion as funds are distributed to counties pursuant to this section. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.

(3)   Chapter 93, Title 44 of the 1976 Code is amended by adding:

"Section 44-93-210.   (A)   Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted commercial infectious waste incinerator facility may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than seven hundred fifty tons.

(B)   The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.

(C)   For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."

(4)   From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.

(5)   The provisions of subsections (3) and (4) of this section must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of subsections (3) and (4) of this section which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.

(6)   In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fee increase must also be deposited in the Infectious Waste Contingency Fund established in Section 44-93-170. The fee increase imposed by this subsection is in addition to any other civil or criminal penalties which may be imposed by law for the tonnage violation.

(7)   This section takes effect July 1, 1990./

Amend title to conform.

Senator MULLINAX raised a Point of Order that Part II, Section 6, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

Senator MULLINAX spoke on the Point of Order.

The PRESIDENT took the matter under advisement.

Senator McLEOD argued in favor of the adoption of the amendment.

The PRESIDENT overruled the Point of Order raised by Senator MULLINAX.

Senator MULLINAX under the provisions of Rule 18 requested that the question on the adoption of the amendment be divided.

Senator LEVENTIS raised a Point of Order that under Rule 18, inasmuch as the amendment was a strike and insert amendment, that the request to divide the amendment was out of order.

Senator MULLINAX spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator THOMAS spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator MULLINAX raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the matter under advisement.

On motion of Senator WADDELL, with unanimous consent, Senator McLEOD retaining the floor when the amendment is next considered, the amendment was carried over.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1992:

Greenwood/Abbeville:

Mr. William Franklin Snipes, Route 4, Box 251-A, Abbeville, South Carolina 29620 VICE Mr. Fred Tector

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1993:

Barnwell/Aiken:

Ms. Marilyn B. Brown, 200 Hartwell Drive, Aiken, South Carolina 29801 VICE Star Carter

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:

Edgefield/McCormick:

Mr. James F. Martin, President, Martin Color-Fi, Incorporated, Post Office Box 469, Edgefield, South Carolina 29824 VICE Mr. Herman C. Shealy

On motion of Senator WILSON, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1992:

Greenwood/Abbeville:

Mr. William Franklin Snipes, Route 4, Box 251-A, Abbeville, South Carolina 29620 VICE Mr. Fred Tector

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1993:

Barnwell/Aiken:

Ms. Marilyn B. Brown, 200 Hartwell Drive, Aiken, South Carolina 29801 VICE Star Carter

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:

Edgefield/McCormick:

Mr. James F. Martin, President, Martin Color-Fi, Incorporated, Post Office Box 469, Edgefield, South Carolina 29824 VICE Mr. Herman C. Shealy

Senator WADDELL moved that when the Senate adjourns, it stand adjourned to meet tomorrow at 10:00 A.M., which motion was adopted.

At 6:19 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 10:00 A.M.

This web page was last updated on Tuesday, June 30, 2009 at 1:19 P.M.