Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God and Father, reveal fully to us the assurance of Your presence and keep strong within us the hope of our faith. Deliver us from discouragement. Make us turn to You for answers when questions defy our wisdom. Enable us to see issues clearly, and help us to choose the right course. Keep us steadfast in right convictions, and take from us all fear save the fear of failing to do Your will. Teach us to know that our liberty is not our right to do as we please, but our opportunity to do what is right.
Give us the confidence of the Psalmist when he wrote: "The Lord is my Shepherd; I shall not want" (Psalm 23:1). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received and referred to the appropriate committee for consideration.
Document No. 1486
Promulgated By Board of Education
Experimental Program, Defined Minimum Program For South Carolina School Districts
Received By Speaker April 15, 1992
Referred to House Committee on Education and Public Works
120 day review expiration date August 13, 1992
Document No. 1487
Promulgated By Board of Education
State Aid
Received By Speaker April 15, 1992
Referred to House Committee on Education and Public Works
120 day review expiration date August 13, 1992
The following was received.
Columbia, S.C., April 14, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1106 (Health Facilities):
S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 14, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1236 (exemptions of jurors):
S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3868 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3869 -- Rep. Snow: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3520 -- Reps. Whipper, Rogers, White, Hallman, Fulmer, Holt, J. Bailey, Beatty, McLeod, Haskins, Kempe and Rudnick: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-401 SO AS TO REQUIRE A CONSUMER CREDIT REPORTING AGENCY TO ACCURATELY REPORT INFORMATION AND TO VERIFY AND UPDATE CONSUMER CREDIT INFORMATION WITHIN THIRTY DAYS OF RELEASING THE INFORMATION AND TO PROVIDE CIVIL LIABILITY FOR NONCOMPLIANCE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-70 SO AS TO ALLOW A LANDLORD WHERE RENTAL PROPERTY IS MANAGED BY A CORPORATION TO DESIGNATE IN WRITING A CORPORATE EMPLOYEE OR AGENT WHO MAY REPRESENT THE LANDLORD IN THE COURTS OF THIS STATE IN ALL MATTERS ARISING UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE LANDLORD IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4402 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL-ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4514 -- Rep. Quinn: A BILL TO AMEND SECTION 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES WHICH A LENDER MAY RECEIVE IN CONNECTION WITH A CONSUMER LOAN NOT CONSIDERED FINANCE CHARGES, SO AS TO DELETE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS, AND TO ADD SECTION 37-3-211 SO AS TO PROVIDE THAT FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS ARE CONSIDERED FINANCE CHARGES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4572 -- Reps. Hendricks and L. Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1365 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 38 SO AS TO PROVIDE FOR THE MANAGING GENERAL AGENTS ACT.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3961 -- Reps. Hayes, Wofford and Manly: A BILL TO AMEND TITLE 16, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S OMBUDSMAN AND PROVIDE FOR POWERS AND DUTIES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4360 -- Reps. Wilkins, Harrison and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-247 SO AS TO ESTABLISH A STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM BY PROVIDING THAT COUNTY CLERKS OF COURT PROCESS CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT BY USING THE STATEWIDE AUTOMATED SYSTEM DEVELOPED IN CONJUNCTION WITH THE CLERKS OF COURT AND IMPLEMENTED THROUGH THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4510 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4639 -- Reps. Rama, Altman, Felder, P. Harris, Houck, Manly, Tucker and White: A BILL TO AMEND SECTION 44-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1070, AND 44-23-1090 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1212 -- Senator Bryan: A BILL TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4719 -- Reps. Wright, Quinn and Riser: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING IN 1994, TO ESTABLISH SEVEN NUMBERED ELECTION SEATS, TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED, THE METHOD BY WHICH THE RESULTS OF THE ELECTION ARE TO BE DETERMINED, AND TO EXTEND AND TERMINATE TERMS OF PERSONS AFFECTED BY THESE PROVISIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4511 -- Reps. Ross, Jennings, Keegan, Hodges and M. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6260 SO AS TO PROVIDE THAT IF ANY PERSON IS ARRESTED FOR DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, OR FOR DRIVING AN UNINSURED MOTOR VEHICLE, THE ARRESTING OFFICER SHALL TAKE IMMEDIATE POSSESSION OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE OF THE VEHICLE; TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE DEEMED TO BE CRIMINAL PROCEDURES SUPPLEMENTED TO, AND NOT IN LIEU OF, ANY PENALTIES IMPOSED BY LAW FOR THESE OFFENSES; TO PROVIDE THAT THE ARRESTING OFFICER SHALL ISSUE A CERTIFICATE TO SERVE AS A TEMPORARY LICENSE PLATE AND REGISTRATION FOR THE VEHICLE FOR A PERIOD OF TEN DAYS; AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE LICENSE PLATE AND REGISTRATION MAY BE RETURNED TO THE OWNER OF THE VEHICLE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4453 -- Rep. Quinn: A BILL TO AMEND SECTION 30-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PUBLIC BODY" A COMMITTEE WHOSE MEMBERS ARE APPOINTED BY ADMINISTRATIVE PERSONNEL WHOSE PURPOSE IS TO RECOMMEND THE SELECTION OF A SITE FOR THE CONSTRUCTION OF A PUBLIC BUILDING.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3132 -- Reps. Baxley, Wilder, Manly, Whipper, Wells and Waites: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4532 -- Reps. Wofford, H. Brown, D. Williams and J. Williams: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF REAL PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT A COUNTY MAY CONDUCT THE SALE AT A LOCATION OTHER THAN THE COURTHOUSE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3669 -- Rep. Wofford: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO RECEIVE FEDERAL AND STATE TAX REFUNDS FROM AN OBLIGOR WHO IS DELINQUENT IN HIS COURT-ORDERED CHILD SUPPORT AND WHO QUALIFIES FOR SUBMITTAL UNDER STATE OR FEDERAL LAW EVEN IF THE OBLIGOR IS IN COMPLIANCE WITH A COURT ORDER REQUIRING PERIODIC PAYMENTS TOWARD SATISFACTION OF THE DELINQUENCY OR THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE BY COURT ORDER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1321 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 954 -- Senator Macaulay: A BILL TO AMEND SECTION 8-17-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, MEMBERSHIP, AND POWERS OF A GRIEVANCE COMMITTEE, SO AS TO AUTHORIZE THE COMMITTEE TO SUBPOENA WITNESSES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1223 -- Senators Giese and Hinson: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4748 -- Reps. Byrd, J. Brown, Altman, McTeer, Jennings, Anderson, Cromer, Whipper, Cobb-Hunter, Kennedy, Rogers, Beatty, Stoddard, Harrison, Quinn, D. Williams, Corning, Harrelson, Canty, Scott, Taylor, Waites, Shissias, Smith, Rhoad, Inabinett, Foster, Bennett, D. Martin, Snow, Glover, Lanford, Chamblee, Wright, McAbee, Rudnick, Harvin, Riser and Hodges: A CONCURRENT RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF MODJESKA MONTEITH SIMKINS TO BE PLACED IN THE STATE HOUSE.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4749 -- Reps. Taylor, Canty, Cromer, McLeod, Byrd, Rogers, Cobb-Hunter, Waites, Scott, J. Brown and Harvin: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, COLLECTION OF DELINQUENT TAXES, AND EXECUTION OF DELINQUENT TAXES, SO AS TO DELAY THE DATE ON WHICH THE COUNTY TREASURER IS AUTHORIZED TO ISSUE HIS TAX EXECUTION, AND TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO TAX EXECUTIONS AND PROCEDURES FOR THE SEIZURE AND SALE OF THE PROPERTY, SO AS TO REVISE CERTAIN DATES IN THE SECTION.
Referred to Committee on Ways and Means.
H. 4750 -- Reps. Harvin, Riser, Rama, H. Brown, Smith, Carnell, Kempe, P. Harris, Neilson, Sharpe, Harwell, Shissias, Lanford, M. Martin, Inabinett, Littlejohn, Corning, K. Burch, McTeer, Holt, Mattos, Fair, Manly, McKay and Rhoad: A BILL TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.
Referred to Committee on Education and Public Works.
H. 4751 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.
Without reference.
H. 4752 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL HEALTH FEES TO TEST MILK, MILK PRODUCTS, AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1422, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4753 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MERGED REGULATIONS FOR THE CONSUMER PROTECTION CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1459, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4754 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO MODIFICATIONS AND CLARIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1406, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4755 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4756 -- Reps. Cromer, Snow, Harvin and Byrd: A BILL TO AMEND SECTION 8-13-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON A FORMER PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE SERVING AS A LOBBYIST, OR ACCEPTING EMPLOYMENT IN THE FIELD OF HIS FORMER SERVICE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION PERTAINING TO PROHIBITED EMPLOYMENT DO NOT APPLY IN THE CASE OF A PUBLIC EMPLOYEE WHERE THE HEAD OF THE AGENCY OR DEPARTMENT OF THE PUBLIC EMPLOYEE, AT THE TIME THE EMPLOYEE LEAVES THE AGENCY, MAKES A WRITTEN FINDING THAT NO CONFLICT OF INTEREST WOULD EXIST DUE TO THE ACCEPTING OF THAT EMPLOYMENT.
Referred to Committee on Judiciary.
H. 4758 -- Rep. Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TRIAL BY JURY, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE JURY AND TO PROPOSE AN AMENDMENT TO SECTION 21, ARTICLE V, RELATING TO THE CHARGE TO A JURY, SO AS TO PROVIDE THAT A JURY HAS THE RIGHT TO JUDGE THE LAW AS WELL AS THE FACTS.
Referred to Committee on Judiciary.
H. 4759 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1715 SO AS TO REGULATE THE ELECTRONIC FILING OF INCOME TAX RETURNS INCLUDING PROVISIONS REQUIRING CERTAIN DISCLOSURES BY THE INCOME TAX PREPARER TO THE TAXPAYER, A LIMITATION ON THE DOLLAR AMOUNT OF REFUND ANTICIPATION LOANS WHICH MAY BE MADE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Ways and Means.
S. 760 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL ISSUE A PERMIT FOR THE SCIENTIFIC OR PROPAGATION EXCEPTIONS, TO REQUIRE THE APPLICATION FOR A PERMIT TO CONTAIN INFORMATION ON OWNERSHIP AND BOUNDARIES, AND TO ALLOW THE DEPARTMENT TO DENY OR REVOKE A PERMIT AT ITS DISCRETION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 768 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-55 SO AS TO PROHIBIT THE INJURING OR WOUNDING OF WILDLIFE WITHOUT ATTEMPTING TO LOCATE IT AND TAKE IT INTO POSSESSION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 785 -- Senator Drummond: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING ON LAND WITHOUT CONSENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 922 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF LICENSES FOR COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE AND TO PROVIDE FOR AN EXEMPTION FROM THE CONTINUING EDUCATION REQUIREMENT FOR COSMETOLOGISTS WITH MORE THAN TWENTY-FIVE YEARS' WORKING EXPERIENCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.
Referred to Committee on Education and Public Works.
S. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435 AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.
Referred to Committee on Judiciary.
S. 1437 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1464 -- Senators Rose and Reese: A BILL TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESERVATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANT CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, AND THE STATE LAND RESOURCES CONSERVATION COMMISSION.
Rep. KIRSH asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SHARPE objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WELLS moved that when the House adjourns it adjourn in memory of Mr. Tom Cowart, which was agreed to.
On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:
H. 4757 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House on Wednesday, May 27, 1992, to elect a successor to The Honorable Richard E. Fields, Circuit Judge of the Ninth Judicial Circuit, whose term expires June 30, 1995; to elect a successor to The Honorable James B. Stephen, Circuit Judge At Large, Seat No. 5, whose term expires on June 30, 1997; to elect successors to The Honorable Alvin C. Biggs, Family Court Judge of the First Judicial Circuit, The Honorable Peter Nuessle, Family Court Judge of the Second Judicial Circuit, The Honorable B. J. Warshauer, Family Court Judge of the Third Judicial Circuit, The Honorable Jamie F. Lee, Family Court Judge of the Fourth Judicial Circuit, The Honorable Robert H. Burnside, Family Court Judge of the Fifth Judicial Circuit, The Honorable William M. Campbell, Family Court Judge of the Fifth Judicial Circuit, The Honorable Stuart H. Hall, Family Court Judge of the Seventh Judicial Circuit, and The Honorable John M. Rucker, Family Court Judge of the Eighth Judicial Circuit, all whose terms expire June 30, 1992; and to elect a successor to The Honorable Jeff D. Griffith, Jr., Family Court Judge of the Eleventh Judicial Circuit, whose term expires June 30, 1995.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Brown, G. Brown, H. Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Glover Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jennings Johnson,J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McAbee McCraw McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Ross Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, April 15.
John Felder Irene Rudnick James Mattos Lenoir Sturkie Danny Bruce Joe Brown Larry Gentry Dell Baker Roger Young Stephen Gonzales Doug McTeer Morgan Martin Thomas Rhoad William Boan Larry Koon
DOCTOR OF THE DAY
Announcement was made that Dr. Robert T. Cutting of North Augusta is the Doctor of the Day for the General Assembly.
Rep. McABEE, in celebration of South Carolina Tourism Week, presented the Wade Hampton Choral Group, and the Pelham Road Elementary Singers. Both groups performed for the House, singing the original song "Coming Home".
The Reading Clerk of the House read the following House Resolution:
H. 4691 -- Reps. Shissias, Corning, Harrison and Quinn: A HOUSE RESOLUTION TO WELCOME ARNOLD SCHWARZENEGGER, DISTINGUISHED MOTION PICTURE ACTOR, DIRECTOR, AND PRODUCER, AND CHAIRMAN OF THE PRESIDENT'S COUNCIL ON PHYSICAL FITNESS AND SPORTS, TO SOUTH CAROLINA AND TO INVITE HIM TO ADDRESS THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1992, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Rep. Shissias introduced Mr. Schwarzenegger as follows:
"Mr. Speaker, ladies and gentlemen of the House, guests...It is indeed my pleasure and privilege to present to you today the Chairman of the President's Council on Physical Fitness and Sports. For many years, he has dominated the sport of body building. He is the number one box office attraction in the world. He is here today with us to emphasize the importance of health and fitness among the youth of America. Most of you know him as the Terminator. He is a greatly committed concerned and caring American. He is Arnold Schwarzenegger."
Mr. Schwarzenegger addressed the House as follows:
"Thank you very much...Thank you for the kind introduction. You're right, I am the Terminator and I am here to terminate all of the couch potatoes of this State. I've been traveling around this country many times in the last 22 years since I've come to this country and many times for promotions of books and videos and movies, but let me tell you that this is without any doubt the most important promotion of all, which is the promotion of fitness and health for our children. I am on a fitness crusade right now. This fitness crusade is not about anything new. It is not a new idea at all. It is old as civilization. As a matter of fact, the ancient Greeks talked about their sound mind, sound body, and this is what this is all about. The statistics in this country are very sad. We see a
tremendous decline in youth fitness. We see a tremendous decline when it comes to health among our children. We see our children getting fatter, more out of shape, slower and sicker. What we have to do is stop it right now and make this downward trend go up again, bring it back up to make our children healthy and fit because the children are the future of this our country and this is why I am going from state to state and this is the 48th state that I have been so far and April 30, President Bush and I will be together at the 50th state which is Ohio where we go and get this message across. I meet with the governors, the legislators and the parents and educators and with the children. My favorite thing, of course, is to go to the school directly and talk with the children to let them know that the time has come where we should stop watching all of the television programs and of course, sometimes I bite myself into my wallet when I say that, because my movies are out there, too. But, we have to do that. We have to emphasize to stop watching television all day long and go out there and exercise. Play sports programs rather than video programs and really get with it and stay away from the junk food, stay away from drugs, stay away from alcohol, stay away from tobacco use and to tell the children and also urge and challenge the parents that the time has come that they have to think about participating more in the overall educational process of the children, not only the academic education but the physical education. The average American watches over 20 hours of television a week. Why not take out 5 hours out of the 20 hours and spend those 5 hours quality time with your children, doing exercises and taking them out of the home and into sports programs and fitness programs for them. We also, on this fitness crusade, urge the schools to provide daily quality physical education programs. Not just one semester out of four years. Not just two sessions a week. Not just 50 minutes a week or something like that, but daily quality physical education where we train our children vigorously every day and teach them about the importance of good lifestyle and healthy eating and not to feed the children and offer to our children in the schools the junk food in the vending machines. That is already giving the wrong signal to the kids, teaching them the wrong habits early on. What we want them to do is to change all that and make everyone work together and also we encourage the states to test your children. It doesn't make any sense to test the children in english and math and science and geography and all of those subjects and not to test them on how fit they are and how healthy they are. It is as important. We, at the President's Council, always say that is it as important for children to grow up fit as it is to grow up smart. So, I hope that you all, when there is a bill coming in front of you that talks about fitness for the children and about testing and things, that you are with us and will help us in promoting fitness in this country and in this State and to make our children healthy and fit. I will go on with this crusade until every child in every school in every state every day has quality physical education. Thank you very much ladies and gentlemen. Thank you."
Upon the conclusion of his address, Arnold Schwarzenegger retired from the chamber.
Reps. RHOAD and WILDER presented Spec. and Mrs. Henry Harris, "National Guard Family of the Year", and Adjutant General T. Eston Marchant.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4712 -- Reps. Ross and T.C. Alexander: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT IN AN AMOUNT NOT EXCEEDING ONE MILLION DOLLARS BUT IN NO EVENT TO EXCEED ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISIONS FOR THE PAYMENT OF BONDS.
H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.
Rep. HOLT moved to adjourn debate upon the following Bill until Wednesday, April 22, which was adopted.
H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.
The following Bill was taken up.
S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.
Rep. McELVEEN, with unanimous consent, proposed the following Amendment No. 1, which was adopted.
Amend the bill at page 1, lines 35-36, by adding after fire "natural disaster or act of God".
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bill was taken up.
H. 4102 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
Rep. RAMA moved to table the Bill, which was agreed to.
Rep. G. BROWN moved to adjourn debate upon the following Bill until Tuesday, April 21, which was adopted.
H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.
The following Joint Resolution was taken up.
H. 4568 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. L. MARTIN moved to table the Joint Resolution, which was agreed to.
Rep. TUCKER moved to adjourn debate upon the following Bill until Tuesday, April 21, which was adopted.
H. 4199 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEE FOR DUPLICATE FOR LOST OR DESTROYED LICENSE, SO AS TO INCREASE THE FEE FROM FIFTY CENTS TO TEN DOLLARS.
The following Joint Resolution was taken up.
H. 4619 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO DETECTIVE AND SECURITY AGENCIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1445, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LANFORD explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Wednesday, April 22, which was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4620 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL (SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY), RELATING TO JUVENILE TRAINING OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1446, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LANFORD explained the Joint Resolution.
H. 4621 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO LAW ENFORCEMENT EMERGENCY VEHICLE TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4637 -- Rep. Tucker: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
S. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
S. 1366 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, REINSURANCE INTERMEDIARY-BROKERS, AND REINSURANCE INTERMEDIARY-MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.
Rep. J. BAILEY explained the Bill.
S. 808 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.
S. 1405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO FAILURE OF EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. T.C. ALEXANDER explained the Joint Resolution.
S. 1406 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 4266 -- Reps. Harvin and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 26, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3293 -- Reps. Bennett, Snow and Bruce: A BILL TO AMEND SECTION 56-5-4900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND THE PROVISION THAT CERTAIN REGULATIONS AS TO BRAKES ARE INAPPLICABLE TO CERTAIN FARM TRAILERS, SO AS TO PROVIDE THAT SECTIONS 56-5-4850 TO 56-5-4900 DO NOT APPLY TO TRAILERS, NOT EXCEEDING EIGHTEEN, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF CERTAIN FARM PRODUCTS AND ARTICLES, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT WHICH ARE NOT EQUIPPED WITH BRAKES MUST BE PULLED BEHIND FARM TRACTORS OR BEHIND TRUCKS RATED BY THE MANUFACTURER AS HAVING A LOAD CAPACITY OF AT LEAST ONE TON AND HAVING AT LEAST FOUR WHEELS ON THE REAR AXLE, AND TO PROVIDE THAT ALL FARM TRAILERS MUST BE EQUIPPED WITH AND SHALL HAVE IN USE SAFETY CHAINS WHEN THE TRAILERS ARE USED TO HAUL FARM PRODUCTS AND ARTICLES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9879.JM), which was adopted.
Amend the bill, as and if amended, by striking Section 56-5-4900, as contained in SECTION 1 of the bill, and inserting:
/Section 56-5-4900. Sections 56-5-4850 to 56-5-4900 shall do not apply to trailers, not exceeding eight twelve thousand pounds gross weight, which are pulled behind farm tractors or trucks and used in the transportation of farm products and articles to and from farms. However, farm trailers exceeding eight thousand pounds gross weight which are not equipped with brakes must be pulled behind farm tractors or behind trucks rated by the manufacturer as having a load capacity of at least one ton and having at least four wheels on the rear axle. Trailers so pulled shall may not exceed a speed greater than twenty miles per hour and when pulled by a truck, and not a tractor, must have displayed on the rear signal lamps in accordance with Section 56-5-4730.
Notwithstanding any other provision of this section or of this chapter, all farm trailers must be equipped with and shall have in use safety chains when the trailers are used to haul farm products and articles on the roads, streets, or highways of this State./
Amend title to conform.
Rep. BENNETT explained the amendment.
The amendment was then adopted.
Rep. HUFF moved to adjourn debate upon the Bill until Thursday, April 16, which was adopted.
Rep. CORBETT moved to adjourn debate upon the following Bill until Wednesday, April 22, which was adopted.
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
The following Bill was taken up.
H. 4537 -- Reps. McAbee, Kinon and McGinnis: A BILL TO AMEND CHAPTER 130 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF CHARLESTON, BY ADDING ARTICLE 3 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF BUILDINGS, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON THE PLEDGE OF REVENUES DERIVED FROM RENTALS, FEES, AND OTHER CHARGES, TO PROVIDE PROCEDURES FOR THE AUTHORIZATION OF THE BONDS; AND TO DESIGNATE SECTIONS 59-130-10 THROUGH 59-130-50 AS ARTICLE 1, CHAPTER 130, TITLE 59 AND ENTITLED "GENERAL PROVISIONS".
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12306.DW), which was adopted.
Amend the bill, as and if amended, in Sections 59-130-220 and 59-130-230 of the 1976 Code, as contained in SECTION 1, are amended as follows:
page 1, lines 39, 41, and 42; page 2, lines 11, and 14; and page 3, line 22, by striking /university/ and inserting /college/ so that when amended Sections 59-130-220 and 59-130-230 shall read:
/"Section 59-130-220. The College of Charleston, in this article referred to as the college, may issue revenue bonds of the college for the purpose of financing or refinancing in whole or in part the cost of construction, reconstruction, improvement and equipment of buildings for the purposes of the college, including, without limiting the generality of the foregoing, dormitories, apartment buildings, dwelling houses, dining halls, cafeterias, parking facilities, sports facilities, and inns or for any one or more of these purposes.
Section 59-130-230. Revenue bonds issued under this article must be authorized by a resolution or resolutions of the board of trustees of the college. The resolution of the college may, in the discretion of the board, contain provisions, which must be a part of the contract between the college and the several holders of the bonds, as to any of the following:
(1) the custody, security, use, expenditure or application of the proceeds of the bonds;
(2) the construction and completion of the building or equipment for which the bonds are issued;
(3) the use, regulation, operation, maintenance, insurance, or disposition of the building or equipment for which the bonds are issued or restrictions on the exercise of the powers of the board of trustees to dispose of or to limit or regulate the use of the building or equipment;
(4) the payment of the principal of or interest on the bonds and the sources and methods of the payment, the rank or priority of the bonds as to any lien or security or the acceleration of the maturity of the bonds;
(5) the use and disposition of the revenues derived or to be derived from the operation of the building or equipment;
(6) the pledging, setting aside, depositing, or trusteeing of the revenues from which the bonds are made payable to secure the payment of the principal of and interest on the bonds or the payment of expenses of operation and maintenance of the building or equipment;
(7) the setting aside out of the revenues of reserves or sinking funds and the source, custody, security, regulation, and disposition of them;
(8) the determination of the definition of the revenues or of the expenses of operation and maintenance of the building or equipment for which the bonds are issued;
(9) the rentals, fees, or other charges from students, faculty members and others using or being served by, or having the right to use or be served by, the building or equipment for which the bonds are issued and any parts, extensions, replacements, or improvements of them constructed or acquired and the fixing, establishment, collection, and enforcement of them, the amount or amounts of revenues to be produced by them and the disposition and application of the amounts charged or collected;
(10) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable from the same revenues from which the bonds are payable;
(11) parietal rules to insure the use of the building or equipment by students or members of the faculty of the college to the maximum extent to which the building or equipment is capable of serving the students or faculty members;
(12) the procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of the bonds may be amended or abrogated, the amount of bonds to which the holders of which must consent, and the manner in which the consent may be given or evidenced; and
(13) any other matter or course of conduct which, by recital in the resolution or resolutions authorizing or providing for the bonds, is declared to further secure the payment of the principal of or interest on the bonds."/
Amend further in Sections 59-130-260 and 59-130-270 of the 1976 Code, as contained in SECTION 1, page 4, lines 14, 16, 17, and 30, by striking /university/ and inserting /college/ so that when amended Section 59-130-260 shall read:
/"Section 59-130-260. The bonds must be signed in the corporate name of the college by the chairman of the board of trustees of the college, under the corporate seal of the college attested by the secretary of the board of trustees. Interest coupons attached to the bonds must be signed by the facsimile signatures of these officers. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the coupons have ceased to hold office at the time of the issue or at the time of the delivery of the bonds to the purchaser."
Section 59-130-270. The bonds must be sold at public or private sale upon such terms and conditions as the board of trustees of the college considers advisable."/
Amend further in Section 59-130-290, as contained in SECTION 1, page 5, line 1, by striking /university/ and inserting /college/ so that when amended Section 59-130-290 shall read:
/"Section 59-130-290. All provisions of a resolution authorizing or providing for the issuance of the bonds in accordance with Section 59-130-230 and of the covenants and agreements constitute valid and legally binding contracts between the college and the several holders of the bonds, regardless of the time of issuance of the bonds, and is enforceable by the holder or holders by mandamus or other appropriate action, suit or proceeding at law or in equity in any court of competent jurisdiction."/
Amend further in Section 59-130-300, as contained in SECTION 1, page 5, lines 10, 13, and 14, by striking /university/ and inserting /college/ so that when amended Section 59-130-300 shall read:
/"Section 59-130-300. The bonds must be made payable solely from the revenues derived by the college from the operation of the building or equipment for which the bonds are issued or, in the discretion of the board of trustees of the college, from the revenues and also from any other revenues of the college except revenues derived from appropriations received from the General Assembly. The bonds are not obligations of the State."/
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CARNELL moved to adjourn debate upon the following Bill until Thursday, April 16, which was adopted.
H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.
The following Joint Resolution was taken up.
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6368.HC).
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) A taxpayer required to pay the fees imposed pursuant to Sections 44-96-160, 44-96-170, 44-96-180, and 44-96-200 of the 1976 Code who delivers property subject to the fees either (1) under the terms of a written contract executed before November 1, 1991, or (2) pursuant to a written bid submitted before November 1, 1991, culminating in a written contract entered into before February 1, 1992, is exempt from the fees imposed by those code sections on deliveries under those contracts before November 1, 1992, if a verified copy of the contract is filed with the South Carolina Tax Commission.
SECTION 2. Subsection G, Section 74, Part II, Act 612 of 1990 is amended to read:
"G. This act takes effect July 1, 1990, except Section 12-36-920(B), subsection A, which takes effect October 1, 1989."
SECTION 3. Section 1 of this joint resolution takes effect January 1, 1992. Section 2 of this joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Rep. CARNELL explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. Carnell having the floor.
Rep. WHIPPER asked unanimous consent to recall S. 1446 from the Committee on Ways and Means.
Rep. KIRSH objected.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4638 -- Rep. Fair: A BILL TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING OF SOLID WASTE MANAGEMENT FACILITIES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE THAT COUNTY-OWNED FACILITIES WHICH INCINERATE LESS THAN FIFTY TONS PER DAY OF MUNICIPAL SOLID WASTE AS PART OF A PILOT STUDY WHOSE DURATION IS LESS THAN ONE AND ONE-HALF YEARS ARE NOT REQUIRED TO MEET CERTAIN REQUIREMENTS FOR PERMITTING AND OPERATION.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4744 -- Reps. Foster, Scott, D. Martin, Harrelson, Cobb-Hunter, Wright, Inabinett, Rama, Vaughn, Riser, Holt, Glover, Kennedy, Boan, Kirsh, Baxley, L. Elliott, Baker, Haskins, T.C. Alexander, H. Brown, Anderson, McCraw, G. Brown, J. Brown, Byrd, Hyatt, Council, Cato, D. Williams, Whipper, Taylor, Beatty, Felder, Canty, Koon, Barber, Rogers, J. Bailey, Rhoad, Meacham, Waldrop, Hodges, P. Harris, Houck, McLeod and Beasley: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.
Rep. McLEOD, with unanimous consent, withdrew his objection to S.385 however, other objections remained upon the Bill.
Rep. BEATTY asked unanimous consent to withdraw his objection to S. 385.
Rep. HASKINS objected.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
On motion of Rep. BOAN, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary.
H. 4721 -- Reps. J. Bailey, Wilkins, Scott, Gonzales, Huff, Rama, D. Elliott, Fulmer, R. Young and Holt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
The Senate amendments to the following Bill were taken up for consideration.
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
Rep. KIRSH moved to table the Bill.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Barber Baxley Beasley Cato Chamblee Corning Council Delleney Elliott, L. Farr Felder Foster Gentry Harris, J. Harrison Haskins Hendricks Houck Hyatt Inabinett Jennings Kinon Kirsh Klapman Marchbanks Martin, L. Meacham Neilson Quinn Rama Riser Ross Sheheen Shissias Stoddard Stone Waites Waldrop Wilkes Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Brown, J. Bruce Byrd Canty Clyborne Corbett Cromer Fair Harris, P. Keegan Littlejohn McElveen McGinnis McLeod Rudnick Scott Snow Vaughn Wells
So, the Bill was tabled.
Rep. T.C. ALEXANDER moved to adjourn debate upon the Senate amendments to the following Bill until Wednesday, April 22, which was adopted.
H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
Rep. SNOW moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, April 21, which was adopted.
H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.
The following Concurrent Resolution was taken up.
H. 4520 -- Reps. McElveen, Mattos, J. Bailey, Farr, Keyserling, Whipper, Jennings, Waites, Houck, D. Martin, Snow, Phillips, T.C. Alexander, Barber, Rogers, Byrd, Wilkes, Harvin, Felder, J. Harris, Hodges, McTeer, Boan, Marchbanks and Kennedy: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.
Whereas, South Carolina will not be able to grow and its citizens prosper unless its students are adequately educated to confront the challenges of a rapidly changing world; and
Whereas, almost one-third of South Carolina students drop out of high school and the majority of students do not pursue post-secondary education; and
Whereas, the education of those students who take general curriculum courses in high school too often leave them inadequately prepared to enter the job market upon leaving high school or to be productive citizens; and
Whereas, these students are frequently called the "forgotten half" because, while almost every other developed country in the world provides meaningful joint education and work-related experiences to encourage responsible citizenship and to develop work skills, the United States does not specifically address these students' education needs which results in one of the highest dropout rates, highest youth unemployment rates, highest youth crime rates, and highest children-in-poverty rates among developed countries. South Carolina unfortunately ranks even worse than the United States in some of these categories; and
Whereas, accountability measures established by the Education Finance Act and Education Improvement Act and continued by the Target 2000 Act have certain provisions that provide programs and funding for these types of students; and
Whereas, as the requirements of employment become more and more sophisticated, South Carolina must do a better job of working with noncollege bound high school students to make sure they are prepared for today's workplace; and
Whereas, South Carolina's broad goal in education must be to challenge every student to achieve his highest level of ability while assuring at the same time that every child is educated sufficiently to become a productive member of society. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That a committee is created to study issues relating to middle, junior high, and high school students who likely will not attend college or will drop out of school, including as areas of study such critical issues as early career counseling of these students, the Tech-Prep program, mentorship programs including the Learning Web Program, the new Oregon and Kentucky reform legislation, post-secondary options programs, the German, Dutch, and Swedish apprenticeship programs, the experience based career education and cooperative education programs, Job Corps program, school-within-a-school business academies, community service, and incentives for graduating from high school.
This committee shall investigate what is currently being provided to South Carolina students who are not college-bound, and compare that to what is being provided to students in leading developed countries and other states against which South Carolina businesses and industries compete for economic development. Such items, among others, of which the committee shall make a comparative study, are:
(1) the use of workplaces in community settings as learning environments;
(2) the link between successful employment and work experiences and academic learning through apprenticeship learning arrangements;
(3) the transition from school to work community responsibility;
(4) the fostering of close relationships between youth and adult mentors; and
(5) simultaneous experiences as a worker with real responsibility and a learner.
The committee shall consist of thirty-five members appointed as provided herein. The Speaker of the House of Representatives, the Governor, the Lieutenant Governor, the State Superintendent of Education, the Chairman of the Senate Education Committee, the Chairman of the House Education and Public Works Committee, and the Chairman of the Business-Education Subcommittee shall each appoint three members of the committee. The chairman of the committee must be elected by the committee and must not be primarily engaged in the field of education.
The Commissioner of Higher Education, Executive Director of the State Technical and Comprehensive Education System, and Executive Director of the Employment Security Commission shall each appoint two members to the committee. The remaining members of the committee must be appointed by the Commissioner of Higher Education from the following professional organizations:
(1) one member appointed upon recommendation of the State Teacher Forum;
(2) one principal of a public high school of this State appointed upon recommendation of the Secondary School Principals Association;
(3) one superintendent of a school district of this State appointed upon recommendation of the South Carolina Administrators Association;
(4) one member appointed upon recommendation of the South Carolina Vocational Directors Association;
(5) one member appointed upon recommendation of the South Carolina Association of Adult Education Directors;
(6) one member appointed upon recommendation of the State Chamber of Commerce;
(7) one member appointed upon recommendation of the Council of College Presidents; and
(8) one member appointed upon recommendation of the Council of Technical College Presidents.
A staff analysis team shall provide support for the committee. This team shall include the research directors of the Senate Education Committee and the House Education and Public Works Committee, the research director of the EIA Select Committee, and the executive director of the Business-Education Subcommittee. Other state officials or employees also shall provide help to the committee and the staff analysis team as is required.
Upon adoption of this resolution, the staff analysis team shall meet and develop a strategy to secure the appointments for this committee. Forty-five days after this resolution is adopted, the staff analysis team shall poll the appointees made by that date to determine a suitable meeting date. Upon completion of the poll, a date to have the first meeting to organize the committee must be set. Individuals or organizations which have not made or recommended appointments by that date must be reminded of the need to make their appointments or recommendations and apprised of the first meeting date.
Financial support for the committee's studies and work shall come from uncommitted funds for research and evaluation appropriated to the EIA Select Committee.
The committee and staff analysis team shall work with such organizations as the National Alliance of Business in determining which components of total quality management may effectively apply to secondary schools in general and particularly to the education of disadvantaged and students who may drop out of school or not attend college. The committee shall work with such organizations as the National Center for Education and the Economy, the National Alliance for Restructuring Education, and Business Roundtable to determine how the education processes, employment and training practices, and community services may need to be redesigned for students aged twelve to nineteen who typically enter the job market directly after leaving school or who may drop out of school. The committee shall seek the assistance of the Southern Regional Education Board and Education Commission of the States in their study and deliberations of the most promising and effective options for South Carolina.
By December 15, 1992, the committee shall issue its first interim report of any findings and policy or funding changes that need to be initiated as a first phase to redesign the education and related systems or further carry out this study. By June 15, 1993, the committee shall issue its second interim report proposing the next phase of needed changes, and by December 15, 1993, it shall issue its final report. The Select Committee and Business-Education Subcommittee are responsible for monitoring the implementation of the committee's recommendations. To assist in the implementation of this resolution, the committee may create such advisory committees and subcommittees of its membership as it considers necessary.
Members of the committee shall receive the usual mileage, subsistence, and per diem paid to members of state boards, commissions, and committees.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4538 -- Reps. Wilkins, Fair, Mattos, Haskins, Cato, Manly, M.O. Alexander and Vaughn: A CONCURRENT RESOLUTION TO URGE THE VIDEO SOFTWARE DEALERS ASSOCIATION OF AMERICA AND ITS MEMBERS, AMONG OTHER THINGS, TO ADOPT AND STRENGTHEN MEMBERSHIP REQUIREMENTS AND OTHER PROCEDURES TO PREVENT MINORS FROM GAINING ACCESS TO CERTAIN MOTION PICTURES AND VIDEOTAPES, TO URGE THE GOVERNOR TO PROCLAIM A VIDEO AWARENESS WEEK, AND TO COMMEND THE JUNIOR LEAGUE OF GREENVILLE FOR ITS EFFORTS TO PROTECT MINORS FROM VIEWING CERTAIN MOTION PICTURES AND VIDEOTAPES.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. HODGES moved to recall H. 3189 from the Judiciary Committee.
As a first substitute Rep. HUFF moved to dispense with the balance of the Motion Period.
As a second substitute Rep. HODGES moved to recall H. 3189 from the Judiciary Committee.
Rep. FAIR moved to table the motion.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Beasley Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Delleney Fair Fulmer Hallman Harvin Haskins Hendricks Huff Hyatt Keegan Littlejohn Marchbanks Martin, L. Meacham Quinn Rama Riser Sharpe Shirley Smith Stone Townsend Tucker Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beatty Bennett Boan Burch, K. Byrd Canty Carnell Cobb-Hunter Council Cromer Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Harrelson Harris, J. Harris, P. Harrison Harwell Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly McAbee McCraw McElveen McGinnis Neilson Nettles Rhoad Rogers Ross Rudnick Scott Sheheen Shissias Snow Waites Waldrop Whipper White Wilkes
So, the House refused to table the motion.
Rep. HUFF moved that the House do now adjourn.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cooper Corbett Delleney Fair Haskins Huff Riser Wells Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beasley Beatty Bennett Brown, G. Brown, H. Bruce Burch, K. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Council Cromer Elliott, D. Elliott, L. Farr Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hodges Holt Houck Hyatt Jennings Keegan Kempe Kennedy Keyserling Kinon Klapman Koon Manly Marchbanks Martin, L. McAbee McCraw McGinnis McKay Meacham Neilson Nettles Quinn Rama Rhoad Rogers Rudnick Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Townsend Vaughn Waites Waldrop White Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. SHARPE moved that the House recede until 2:00 P.M.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beasley Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Delleney Fair Felder Hallman Harris, P. Haskins Hendricks Huff Inabinett Jennings Littlejohn Marchbanks McAbee McGinnis McKay Nettles Riser Sharpe Shirley Smith Stoddard Stone Townsend Waldrop Wells White Wilder Wofford Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baxley Beatty Bennett Boan Brown, G. Burch, K. Canty Cobb-Hunter Council Cromer Elliott, L. Farr Foster Fulmer Gentry Glover Harris, J. Harrison Harvin Harwell Hodges Houck Hyatt Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Manly Martin, L. McCraw McElveen Meacham Neilson Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sheheen Shissias Snow Taylor Tucker Vaughn Waites Wilkes Wilkins Wright Young, A.
So, the House refused to recede.
The question then recurred to the motion to recall H. 3189 from the Judiciary Committee, which was agreed to.
Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
The following Bill was taken up.
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Rep. WILKINS moved to adjourn debate upon the Bill until Wednesday, April 22.
Rep. L. MARTIN moved to table the motion to adjourn debate.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Barber Brown, G. Brown, H. Bruce Cato Clyborne Corning Council Cromer Harris, J. Harris, P. Harwell Hendricks Huff Hyatt Kinon Kirsh Littlejohn Manly Marchbanks Martin, L. McCraw McGinnis Meacham Rogers Sharpe Sheheen Smith Stoddard Stone Waites Whipper Wilder Wofford Young, A.
Those who voted in the negative are:
Altman Anderson Baxley Beasley Beatty Bennett Burch, K. Byrd Canty Carnell Chamblee Cobb-Hunter Corbett Delleney Elliott, D. Elliott, L. Fair Felder Fulmer Gentry Gonzales Hallman Harrelson Harrison Harvin Haskins Hodges Houck Jennings Keegan Kempe Kennedy Klapman Koon McAbee McElveen McKay McLeod Neilson Rama Rhoad Riser Ross Rudnick Scott Shirley Shissias Snow Taylor Townsend Tucker Vaughn Waldrop White Wilkes Wilkins Wright Young, R.
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Beasley Beatty Brown, G. Brown, H. Burch, K. Canty Corbett Council Delleney Elliott, D. Elliott, L. Fair Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Haskins Houck Huff Jennings Kempe Kennedy Keyserling Kinon Klapman Koon McElveen McKay Neilson Phillips Quinn Rhoad Riser Ross Rudnick Shissias Snow Stoddard Stone Vaughn Waldrop Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Bennett Bruce Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Glover Harris, P. Hendricks Holt Hyatt Inabinett Kirsh Littlejohn Manly Marchbanks Martin, L. McAbee McCraw McGinnis Meacham Nettles Rama Rogers Scott Sharpe Sheheen Shirley Smith Townsend Tucker Waites Wells White Wilder
So, the motion to adjourn debate was agreed to.
Rep. WILKINS moved that the House recede until 1:30, which was adopted.
At 1:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
On motion of Rep. BARBER, with unanimous consent, the following was taken up for immediate consideration:
H. 4760 -- A HOUSE RESOLUTION TO CONGRATULATE THE JAMES ISLAND HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE LOWER STATE AAAA CHAMPIONSHIP AND ALLOW THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 21, 1992.
Whereas, the members of the General Assembly were delighted to learn that the James Island High School Boys Basketball team won the Lower State AAAA Championship for 1991-92; and
Whereas, the team finished the season with twenty-nine wins and three losses. Now, therefore,
Be it resolved by the House of Representatives:
That the James Island High School Boys Basketball team and its coaches are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Tuesday, April 21, 1992, for the purpose of being recognized for winning the Lower State AAAA Championship.
The Resolution was adopted.
The following Bill was taken up.
H. 3003 -- Rep. Wilder: A BILL TO AMEND SECTIONS 48-48-30, 48-48-60, AND 48-48-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL REGIONAL DISPOSAL FACILITY, SO AS TO EXTEND FROM 1992 TO 1994 THE YEAR AFTER WHICH THE WASTE WILL NOT BE ACCEPTED FROM OUT OF THE REGION UNDER CERTAIN CONDITIONS.
Rep. BAXLEY moved to adjourn debate upon the Bill until Wednesday, April 22.
Rep. SHARPE moved to table the motion.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Baker Beasley Bennett Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McGinnis Meacham Rama Rhoad Riser Sharpe Shissias Smith Stone Townsend Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, J. Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Farr Felder Foster Glover Harrelson Harwell Hodges Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, M. Mattos McElveen McLeod McTeer Neilson Phillips Quinn Rogers Sheheen Shirley Taylor Tucker Waites Whipper
So, the motion to adjourn debate was tabled.
Rep. HASKINS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the remainder of the day.
Rep. HUFF moved immediate cloture on the entire matter.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, G. Baker Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis Quinn Rama Rhoad Riser Shissias Smith Stone Sturkie Vaughn Wells Wilder Wilkes Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McLeod McTeer Meacham Neilson Phillips Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Townsend Tucker Waites Waldrop Whipper Wilkins Williams, J.
So, immediate cloture was rejected.
Rep. WILDER was recognized.
Rep BAXLEY raised the Point of Order that the member was out of order speaking on the Bill as there were amendments on the Bill to be taken up first.
The SPEAKER stated that the member had been recognized to speak before the amendments were announced by the desk and he overruled the Point of Order.
Rep. WILDER explained the Bill.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12204.DW), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-47-30(10) of the 1976 Code, (Article 2(10) of the Southeast Interstate Low-Level Radioactive Waste Management Compact) is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992 January 1, 1996."
SECTION 2. Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. (A) The regional disposal facility located at Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such the waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
SECTION 3. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to continue to serve as the regional disposal facility for the Southeast Regional Compact until January 1, 1996. Further operation of the facility beyond January 1, 1993, this date must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring."
SECTION 4. Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight twelve million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31, 1992 1995."
SECTION 5. (A) The following milestone dates are established in connection with the second host state facility to be located in the State of North Carolina:
(1) submit facility license application: December 31, 1993;
(2) issue facility license: March 15, 1995;
(3) begin receiving the Southeast Region's low-level waste: January 1, 1996.
(B) There is a grace period of sixty days for each milestone in subsection (A). The State of North Carolina shall notify the Southeast Compact Commission on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. If any milestone is not accomplished before the end of the grace period, payment from a fund established by the commission, and funded by a surcharge imposed on generators of low-level waste within the Southeast Region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina. The sixty-day grace period acknowledges the absence of any contingency in the schedule for uncontrollable events. Other than the sixty-day grace period, no consideration will be granted for any such uncontrollable events.
SECTION 6. Notwithstanding any other provision of law, no waste generated outside the Southeast Compact Region shall be disposed of at the facility identified in Section 48-47-30(10)(2) after December 31, 1992.
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SHARPE explained the amendment.
Rep. L. ELLIOTT moved to table the amendment.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McLeod McTeer Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. BAXLEY spoke against the amendment.
Rep. BAXLEY continued speaking.
Reps. SHEHEEN, HARWELL, WAITES and FOSTER spoke against the amendment.
Reps. HUFF, G. BAILEY and WILKES spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. FARR moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. HENDRICKS spoke in favor of the amendment.
Rep. KEYSERLING spoke against the amendment.
Rep. SHARPE spoke in favor of the amendment.
Rep. HODGES moved to continue the Bill.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Glover Gonzales Hallman Harrelson Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to continue the Bill.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the amendment was adopted.
Rep. CORNING proposed the following Amendment No. 2, which was adopted.
As and if amended, as follows:
(1) Section 48-47-30(10) of the 1976 Code is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992 January 1, 1996."
(2) Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. (A) The regional disposal facility located at Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such the waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
(3) Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to continue to serve as the regional disposal facility for the Southeast Regional Compact until January 1, 1996. From January 1, 1993, until January 1, 1996, the disposal facility located at Barnwell shall not accept waste generated in a state which is not a member of the Southeast Interstate Low-Level Radioactive Waste Management Compact as it existed on March 1, 1992; provided that the facility shall not accept waste generated in the State of North Carolina between the period January 1, 1993, to December 31, 1993, unless the State of North Carolina has met the milestone date required by subsection 6(A)(1) of this section of Part II. After December 31, 1993, and after the State of North Carolina has met the milestone required by subsection 6(A)(1), waste generated in the State of North Carolina may continue to be accepted for disposal at the facility until January 1, 1996, only if the State of North Carolina is in compliance with the additional milestone dates required by subsections 6(A)(2) and 6(A)(3). Further operation of the facility beyond January 1, 1993, January 1, 1996, must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring."
(4) Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight twelve million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31, 1992 1995."
(5) (A) The following milestone dates are established in connection with the second host state facility to be located in the State of North Carolina:
(1) submit facility license application: December 31, 1993;
(2) issue facility license: March 15, 1995;
(3) begin receiving the Southeast Region's low-level waste: January 1, 1996.
(B) The State of North Carolina shall notify the Southeast Compact Commission on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify.
(C) The Barnwell site shall continue to serve as the regional disposal facility for the Southeast Regional Compact from July 1, 1993, until January 1, 1996, subject to the following conditions:
(1) The site must cease serving as a regional facility if North Carolina has a site ready to begin receiving the region's waste before January 1, 1996.
(2) North Carolina must establish before July 1, 1993, a good neighbor policy which precludes the location of any new low-level waste storage or disposal facility within ten miles of a neighboring state."/
(6) If the Southeast Interstate Low-level Radioactive Waste Management Compact is declared unlawful or unconstitutional or if the continued availability of the site to the compact is declared in violation of or inconsistent with the compact by a court of competent jurisdiction, the facility shall cease to accept waste generated outside the State.
(7) Notice of this section must be sent by the department to the Southeast Region Compact Commission, the persons designated in Section 48-47-70(3) of the compact, and each generator of waste shipped to Barnwell. The continued shipment of waste to Barnwell after December 31, 1992, is deemed an acceptance of the conditions set forth in this section.
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. BAXLEY moved to divide the question.
Rep. BAKER moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Council Fair Felder Fulmer Gonzales Hallman Harris, P. Haskins Hendricks Holt Huff Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Rama Rhoad Riser Sharpe Smith Stoddard Stone Townsend Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Corbett Corning Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Koon Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Sturkie Taylor Tucker Waites Waldrop Whipper Wilkes Williams, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HASKINS inquired about Amendment No. 2 striking all enacting words and adding new language.
The SPEAKER stated that it said amend as and if amended and that it had some text. He further stated that it did not say to strike all enacting words.
Rep. HASKINS then inquired if it were added to Amendment No. 1.
The SPEAKER stated that it did not strike anything unless the Amendment said to strike all enacting words.
Rep. HASKINS then inquired if the same language was needed twice in both amendments.
The SPEAKER stated that he could not tell the member that, but that the desk amended the Bill physically after the debate was over. He further stated that he did not have the ability to cut and paste as the House considered amendments, but that the two amendments were cumulative and that one did not strike the other. He further stated that he could not tell what the cumulative effect was.
Rep. CLYBORNE moved to reconsider the vote whereby amendment No. 1 was adopted.
Rep. HUFF moved to table the motion to reconsider.
Rep. BAXLEY moved to adjourn debate upon the motion to table.
Rep. BEASLEY raised the Point of Order that the motion to adjourn debate on the motion to table was out of order as the motion to table was not debatable.
The SPEAKER sustained the Point of Order.
The question then recurred to the motion to table the motion to reconsider.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Baker Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Council Fair Fulmer Hallman Harris, P. Haskins Hendricks Holt Huff Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay McTeer Meacham Nettles Rama Rhoad Riser Sharpe Smith Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Corning Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Gonzales Harrelson Harris, J. Harrison Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. WILDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Brown, G. Burch, K. Byrd Canty Cato Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Glover Gonzales Harrelson Harris, J. Harwell Haskins Houck Hyatt Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod Meacham Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Taylor Tucker Vaughn Waites Waldrop Whipper Wilkes Williams, J. Young, A.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bennett Boan Brown, H. Brown, J. Bruce Carnell Chamblee Corbett Council Fulmer Hallman Harris, P. Harrison Hendricks Hodges Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay McTeer Nettles Rama Rhoad Riser Sharpe Smith Stoddard Stone Sturkie Townsend Wells Wilder Wofford Wright Young, R.
So, the motion to reconsider was agreed to.
Rep. HUFF inquired if it were the case since the House had reconsidered Amendment No. 1 that the House was back in the status that it was before taking up Amendment No. 1 and so on.
The SPEAKER stated that Amendment No. 2 would stand if the House reaffirmed its previous position and Amendment No. 1 would stay right where it was always. He further stated that the reconsideration vote did not change the number on Amendment No. 2 to Amendment No. 3.
Rep. HUFF then inquired if the House now tabled Amendment No. 1 then what was Amendment No. 2.
The SPEAKER stated that Amendment No. 2 had been adopted and unless the House reconsidered Amendment No. 2, then it would stay where it was.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, G. Baker Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Council Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Rama Rhoad Riser Sharpe Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Corning Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Taylor Tucker Waites Waldrop Whipper Wilkes Williams, J.
So, the amendment was rejected.
Reps. HUFF, WILDER and SHARPE proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\19073.SD), which was rejected.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-47-30(10) of the 1976 Code is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992, December 31, 1995."
SECTION 2. Section 48-48-30 of the 1976 Code is amended to read:
"(A) The regional disposal facility located at Barnwell may accept not more than eight ten million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning December 31, 1985, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year, except under the provisions of Sections 5 and 6 of P.L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, 'Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods', subpart a(3)(B) of P.L. 99-240 are invoked than the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, 'Emergency Access', of P.L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P.L. 99-240 shall not be greater than one hundred twenty-percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
SECTION 3. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. (A) Beginning no later than December 31, 1993 1995, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to serve as the regional facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, must be specifically authorized by the General Assembly as provided in subsection (B). Within one year prior to closure, When the site ceases to accept waste from outside the State the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(B) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until December 31, 1995, subject to the following conditions:
(1) The site must cease serving as a facility for the Compact if North Carolina has a permanent or temporary site ready to receive the region's waste before December 31, 1995.
(2) North Carolina and the Compact Commission must establish prior to December 31, 1993, a reference guideline as provided in the Southeast Interstate Low-Level Radioactive Waste Management Compact which precludes the siting of any new low-level waste storage or disposal facility within ten miles of a neighboring state.
(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.
(C) The failure of North Carolina or the Compact Commission to satisfy any one of the conditions set forth in subsection (B)2 or (B)3 will result in the following:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) If either of the conditions set forth in (B)2 or (B)3 are not met, then the facility must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor.
(D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive waste disposal site until December 31, 1995, the State of North Carolina must comply with the following milestones:
(1) The State of North Carolina must submit a completed regional disposal facility license application to all appropriate government agencies prior to December 31, 1993.
(2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995.
(E) The State of North Carolina shall notify the Southeast Compact Commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its finding to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast Region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.
The failure of North Carolina or the Southeast Compact Commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met."
SECTION 4. Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight ten million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31, 1992 1995."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY raised the Point of Order that Amendment No. 3 was out of order as it was of the report of the Committee and the House had amended it to Amendment No. 2 now.
The Speaker stated that it could be a drafting error, but that he could not assure that all amendments were drafted correctly and he overruled the Point of Order.
Rep. HUFF explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Byrd Canty Clyborne Cobb-Hunter Corning Cromer Farr Foster Fulmer Gonzales Hallman Harrison Haskins Hodges Houck Huff Hyatt Inabinett Kempe Keyserling Kirsh Manly Mattos McAbee McElveen McGinnis McLeod McTeer Meacham Quinn Rogers Rudnick Scott Stone Taylor Tucker Waites Wells Wilkins Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Baker Bennett Brown, H. Brown, J. Bruce Burch, K. Carnell Cato Chamblee Cooper Corbett Council Delleney Elliott, D. Elliott, L. Fair Felder Gentry Glover Harrelson Harris, J. Harris, P. Harvin Harwell Hendricks Holt Jennings Keegan Kennedy Kinon Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. McCraw McKay Neilson Nettles Rama Rhoad Riser Ross Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Sturkie Townsend Vaughn Waldrop Whipper White Wilder Wilkes Williams, J. Wright Young, R.
So, the House refused to table the amendment.
The SPEAKER granted Rep. BAKER a leave of absence for the remainder of the day.
Reps. HASKINS and CORNING spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Quinn Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the amendment was rejected.
Rep. JENNINGS proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\9965.BD), which was adopted.
Amend the bill, as and if amended, by substituting Section 48-48-80, SECTION 3, as follows:
/Section 48-48-80. (A) Beginning no later than January 1, 1993 1996, the disposal facility located at Barnwell shall cease to may not accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, must be specifically authorized by the General Assembly after December 31, 1992, must be as provided in subsection (B). Within one year prior to closure When the site ceases to accept waste from outside the State, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any the remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(B) The Barnwell site shall serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996, subject to the following conditions:
(1) The site ceases serving as a facility for the compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.
(2) North Carolina and the Compact Commission shall establish before December 31, 1993, a reference guideline as provided in the compact which precludes the siting of a new low-level waste storage or disposal facility within ten miles of a neighboring state.
(3) North Carolina may not site a low-level waste storage or disposal facility at a location which poses a threat to human health, the environment, or water resources in contiguous states.
(C) The failure of North Carolina or the Compact Commission to satisfy one or both of the conditions set forth in subsection (B)(2) or (3) results in the following:
(1) The Barnwell site immediately shall cease to accept low-level waste generated in North Carolina.
(2) The Barnwell site shall cease to accept waste from outside South Carolina after June 30, 1994.
(D) The department shall determine whether the conditions provided in subsection (B) are satisfied and report its findings to the President of the Senate, the Speaker of the House of Representatives, and the Governor.
(E) If the compact is declared unlawful or unconstitutional or if the continued availability of the site to the compact is declared in violation of or inconsistent with the compact by a court of competent jurisdiction, the facility shall cease to accept waste generated outside the State.
(F) Notice of this section must be sent by the department to the Compact Commission, the persons designated in Section 48-47-70 (3) of the compact, and each generator of waste shipped to Barnwell. The continued shipment of waste to Barnwell after December 31, 1992, is deemed an acceptance of the conditions set forth in subsection (B)./
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Reps. KEMPE, McELVEEN, QUINN and HODGES proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BR1\2545.AC), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. If the federal Congress or the federal courts rule that the Southeastern compact is illegal then the Barnwell site must close down immediately./
Renumber sections to conform.
Amend title to conform.
Rep. KEMPE explained the amendment.
Rep. HASKINS moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Beasley Bennett Brown, H. Brown, J. Bruce Carnell Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cato Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the House refused to table the amendment.
Reps. HASKINS and GONZALES spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Beasley Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McKay Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was adopted.
Rep. GONZALES proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BR1\2353.AC), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. If any provision of this act or the application of any provision is held invalid, the invalidity applies to this act in its entirety, to any and all provisions of this act, and the application of this act or any provision of this act, and to this end the provisions of this act are not severable./
Renumber sections to conform.
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
Reps. JENNINGS and BAXLEY proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\BBM\9965.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 48-48-80, SECTION 3, beginning on page 3003-2 and line 40, and inserting:
/Section 48-48-80. (A) Beginning no later than January 1, 1993 1996, the disposal facility located at Barnwell shall cease to may not accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, must be specifically authorized by the General Assembly after December 31, 1992, must be as provided in subsection (B). Within one year prior to closure When the site ceases to accept waste from outside the State, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any the remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(B) The Barnwell site shall serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996, subject to the following conditions:
(1) The site ceases serving as a facility for the compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.
(2) North Carolina and the Compact Commission shall establish before December 31, 1993, a reference guideline as provided in the compact which precludes the siting of a new low-level waste storage or disposal facility within ten miles of a neighboring state.
(3) North Carolina may not site a low-level waste storage or disposal facility at a location which poses a threat to human health, the environment, or water resources in contiguous states.
(C) The failure of North Carolina or the Compact Commission to satisfy one or both of the conditions set forth in subsection (B)(2) or (3) results in the following:
(1) The Barnwell site immediately shall cease to accept low-level waste generated outside South Carolina.
(2) The Barnwell site shall cease to accept waste from outside South Carolina after June 30, 1994.
(D) The department shall determine whether the conditions provided in subsection (B) are satisfied and report its findings to the President of the Senate, the Speaker of the House of Representatives, and the Governor.
(E) If the compact is declared unlawful or unconstitutional or if the continued availability of the site to the compact is declared in violation of or inconsistent with the compact by a court of competent jurisdiction, the facility shall cease to accept waste generated outside the State.
(F) Notice of this section must be sent by the department to the Compact Commission, the persons designated in Section 48-47-70 (3) of the compact, and each generator of waste shipped to Barnwell. The continued shipment of waste to Barnwell after December 31, 1992, is deemed an acceptance of the conditions set forth in subsection (B)./
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Harris, P. Haskins Hendricks Keegan Klapman Koon Littlejohn Marchbanks Martin, L. McGinnis Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Altman Anderson Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Harwell Hodges Holt Houck Huff Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Lanford Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the House refused to table the amendment.
Rep. HUFF spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Lanford Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Wilkins Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Beasley Bennett Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wofford Wright Young, A. Young, R.
So, the amendment was adopted.
Rep. HODGES moved to table the Bill.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the Bill.
Rep. HASKINS moved immediate cloture on the entire matter.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Beasley Brown, G. Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Council Fair Felder Fulmer Glover Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McElveen McGinnis McKay McTeer Meacham Nettles Quinn Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Bennett Boan Burch, K. Byrd Canty Cobb-Hunter Corning Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Hallman Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Martin, M. Mattos McCraw McLeod Neilson Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Townsend Tucker Waites Waldrop Whipper White Williams, J.
So, immediate cloture was ordered.
Reps. HODGES and BOAN proposed the following Amendment No. 18, which was adopted.
N.C. must establish laws or regulations which preclude the citing of any low level nuclear waste facility within ten miles of the S.C. state line or within one mile of the S.C. state line for solid or hazardous waste facilities permitted by the State of N.C. These laws or regulations must be adopted by July 1, 1993.
Rep. HODGES explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 18 was out of order as it dealt with solid and hazardous wastes and had nothing to do with the Bill.
The SPEAKER stated that it dealt with low level waste and that saved it and he overruled the Point of Order.
Rep. HODGES continued speaking.
Rep. HASKINS spoke against the amendment and moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Bennett Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Hyatt Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Corbett Delleney Elliott, D. Elliott, L. Farr Foster Gentry Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Corbett Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Nettles Rogers Ross Rudnick Sheheen Shirley Snow Tucker Waites Waldrop Whipper White Williams, J.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, G. Beasley Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was adopted.
Rep. QUINN proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\BR1\2493.AC), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Notwithstanding the provisions of this act or any other provision of law, the disposal facility at Barnwell may accept low-level radioactive waste until January 1, 1996, only from the Southeast Compact Region as it existed on March 1, 1992, for temporary storage purposes only.
No later than January 1, 1996, all low-level radioactive waste that has been temporarily stored at the Barnwell facility must begin being transferred to the regional facility located in North Carolina, and the transfer must be completed no later than March 1,1996. Nothing in this section may be construed as precluding the State of North Carolina or any other state from receiving for disposal or storage at anytime low-level radioactive waste stored at the Barnwell facility or generated within the Southeast Compact Region.
If the State of North Carolina fails to meet any of the milestones contained in Section 5 of this act, then on the date the milestone was not complied with the facility at Barnwell ceases to serve as the regional facility and shall accept no out-of-state low-level radioactive waste.
Notwithstanding any provision of law, any tax, fee, or surcharge related to the disposal of low-level radioactive waste at the Barnwell facility is deemed a tax, fee, or surcharge for the storage of waste at the facility and must be assessed, collected, and distributed in the same manner as the tax, fee, or surcharge on the disposal of the waste. Any additional tax, fee, or surcharge on the waste stored at the Barnwell facility that may be incurred as a result of the transfer, storage, or disposal of the waste to another facility in North Carolina or elsewhere is the responsibility of the generator of the waste./
Renumber Sections and amend title to conform.
Rep. QUINN explained the amendment.
Rep. HASKINS moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Glover Harris, P. Harrison Haskins Hendricks Holt Huff Inabinett Keegan Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McGinnis McKay Nettles Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Gonzales Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, M. McAbee McCraw McElveen McLeod McTeer Meacham Neilson Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop White Williams, J.
So, the amendment was tabled.
Rep. BAXLEY proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\JIC\6269.AC), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT NO OUT-OF-STATE WASTE MAY BE DISPOSED OF AT THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE FACILITY AFTER JUNE 30, 1993, UNLESS BY REFERENDUM OF THE VOTERS OF THIS STATE THE DATE IS EXTENDED.
A. Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility at Barnwell after June 30, 1993, unless South Carolina voters agree in a referendum in the General Election in November 1992 to extend beyond June 30, 1993, the date by which the low-level radioactive waste facility at Barnwell must cease to accept waste from outside the State of South Carolina
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Cooper Corbett Corning Council Felder Fulmer Harris, P. Harrison Haskins Hendricks Holt Huff Keegan Kennedy Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McGinnis McKay Rama Rhoad Riser Ross Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn White Wilder Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, J. Barber Baxley Beatty Boan Burch, K. Byrd Canty Clyborne Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Martin, D. Martin, M. McAbee McCraw McElveen McLeod McTeer Meacham Neilson Nettles Quinn Rogers Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Wells Whipper Wilkins Williams, J. Wofford
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Burch, K. Byrd Canty Chamblee Clyborne Cobb-Hunter Cooper Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Harwell Hodges Holt Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Martin, M. McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Wells Whipper Wilkins Williams, J. Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Beasley Brown, H. Brown, J. Bruce Carnell Cato Corning Council Fair Felder Fulmer Harris, P. Harrison Haskins Hendricks Huff Keegan Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McKay Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn White Wilder Wright
So, the amendment was adopted.
Rep. CORNING proposed the following Amendment No. 22, which was adopted.
As and if amended, as follows:
(1) Section 48-47-30 10. of the 1976 Code is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992 January 1, 1996."
(2) Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. (A) The regional disposal facility located at Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such the waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
(3) Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to continue to serve as the regional disposal facility for the Southeast Regional Compact until January 1, 1996. From January 1, 1993, until January 1, 1996, the disposal facility located at Barnwell shall not accept waste generated in a state which is not a member of the Southeast Interstate Low-Level Radioactive Waste Management Compact as it existed on March 1, 1992; provided that the facility shall not accept waste generated in the State of North Carolina between the period January 1, 1993, to December 31, 1993, unless the State of North Carolina has met the milestone date required by subsection 6(A)(1) of this section of Part II. After December 31, 1993, and after the State of North Carolina has met the milestone required by subsection 6(A)(1), waste generated in the State of North Carolina may continue to be accepted for disposal at the facility until January 1, 1996, only if the State of North Carolina is in compliance with the additional milestone dates required by subsections 6(A)(2) and 6(A)(3). Further operation of the facility beyond January 1, 1993, January 1, 1996, must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring."
(4) Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight twelve million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31, 1992 1995."
(5) (A) The following milestone dates are established in connection with the second host state facility to be located in the State of North Carolina:
(1) submit facility license application: December 31, 1993;
(2) issue facility license: March 15, 1995;
(3) begin receiving the Southeast Region's low-level waste: January 1, 1996.
(B) The State of North Carolina shall notify the Southeast Compact Commission on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify.
(C) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until December 31, 1995, subject to the following conditions:
(1) The site must cease serving as a facility for the Compact if North Carolina has a permanent or temporary site ready to receive the region's waste before December 31, 1995.
(2) North Carolina and the Compact Commission must establish prior to December 31, 1993, a reference guideline as provided in the Southeast Interstate Low-level Radioactive Waste Management Compact which precludes the siting of any new low-level waste storage or disposal facility within ten miles of a neighboring state.
(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.
(D) The failure of North Carolina or the Compact Commission to satisfy any one of the conditions set forth in subsection (B)2 or (B)3 will result in the following:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) If either of the conditions set forth in (B)2 or (B)3 are not met, then the facility must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its finding to the President of the Senate, the Speaker of the House, and the Governor.
( ) If the Southeast Interstate Low-level Radioactive Waste Management Compact is declared unlawful or unconstitutional or if the continued availability of the site to the compact is declared in violation of or inconsistent with the compact by a court of competent jurisdiction, the facility shall cease to accept waste generated outside the State.
( ) Notice of this section must be sent by the department to the Southeast Region Compact Commission, the persons designated in Section 48-47-70 (3) of the compact, and each generator of waste shipped to Barnwell. The continued shipment of waste to Barnwell after December 31, 1992, is deemed an acceptance of the conditions set forth in this section.
Rep. CORNING explained the amendment.
Rep. CHAMBLEE moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Chamblee Cooper Farr Glover Harris, P. Manly Marchbanks McAbee Ross Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Bennett Boan Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Clyborne Cobb-Hunter Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Felder Foster Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Haskins Hodges Holt Houck Huff Hyatt Inabinett Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Martin, D. Martin, L. Martin, M. McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Quinn Rama Rhoad Riser Rogers Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Sturkie Taylor Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. CORNING continued speaking.
Rep. BAXLEY moved to adjourn debate upon the amendment.
Rep. FELDER moved to table the motion, which was agreed to.
The question then recurred to the adoption of the amendment.
Rep. HALLMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baxley Beasley Bennett Boan Brown, H. Byrd Canty Carnell Chamblee Cobb-Hunter Cooper Corbett Corning Council Delleney Elliott, D. Felder Foster Fulmer Glover Gonzales Hallman Harrelson Harris, P. Harrison Harwell Haskins Hodges Holt Huff Inabinett Jennings Keegan Kempe Keyserling Kinon Kirsh Lanford Littlejohn Marchbanks Martin, L. Martin, M. McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Quinn Rama Rhoad Riser Ross Rudnick Sharpe Shissias Smith Stoddard Stone Townsend Tucker Vaughn Waites Wells Wilder Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Burch, K. Farr McCraw
So, the amendment was adopted.
Reps. HODGES and McTEER proposed the following Amendment No. 23, which was adopted.
Add section:
In the event N.C. fails to meet any of the milestones, N.C. shall also be required to pay damages in the sum of $10 million to the State of S.C. These sums shall go to a Barnwell County fund for economic development. In the even they fail to make such payments within ten days of breach of the milestone, the Barnwell facility shall immediately close to N.C. waste.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. BAXLEY proposed the following Amendment No. 24, which was adopted.
Amend the Bill:
Delete Section 4 of the amended bill, as amended by Amendment 2, by striking on page 5, beginning Section (4) to the end of the page.
Rep. BAXLEY explained the amendment.
Rep. SHARPE spoke against the amendment and moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, G. Beasley Boan Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Felder Fulmer Harris, P. Harrison Haskins Hodges Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McTeer Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Barber Baxley Bennett Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Harwell Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Martin, M. McAbee McCraw McElveen McKay McLeod Meacham Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Beatty Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harrelson Harris, J. Harvin Harwell Haskins Holt Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McKay McLeod Meacham Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, G. Beasley Bennett Boan Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Fair Felder Fulmer Harris, P. Harrison Hodges Huff Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McElveen McGinnis McTeer Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was adopted.
Rep. BAXLEY proposed the following Amendment No. 25, which was tabled.
Delete c(2) from amended bill on page 3.
Rep. BAXLEY moved to table the amendment, which was agreed to.
Reps. HODGES and BOAN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\N05\8187.AC), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered Section to read:
TO PROVIDE THAT NO OUT-OF-STATE WASTE MAY BE DISPOSED OF AT THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE FACILITY AFTER JUNE 30, 1993, IF NORTH CAROLINA HAS NOT ADOPTED A GOOD NEIGHBOR POLICY PROHIBITING LOCATING CERTAIN WASTE FACILITIES WITHIN ONE-QUARTER MILE OF A NEIGHBORING STATE.
A. Notwithstanding any other provision of law, no waste generated outside of the State of South Carolina may be disposed of at the low-level radioactive waste facility located at Barnwell after June 30, 1993, if the State of North Carolina has not by that date officially adopted a Good Neighbor Policy prohibiting the location of any nuclear waste disposal or storage facility or any hazardous waste or solid waste disposal facility within one quarter mile of the border of a neighboring state.
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. McTEER spoke against the Bill.
Reps. WILDER and RHOAD spoke in favor of the Bill.
Reps. McELVEEN, HODGES, SCOTT and HARWELL spoke against the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Beasley Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Holt Huff Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Altman Bailey, J. Barber Baxley Beatty Boan Burch, K. Byrd Canty Clyborne Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Nettles Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the Bill was rejected.
Meacham (Present) Aye
G. Brown (Absent) Nays
Rep. FARR moved that the House do now adjourn, which was adopted.
Rep. CLYBORNE moved to reconsider the vote whereby H. 3003 was rejected and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 3448 -- Reps. J. Bailey, Barber, Whipper, D. Martin, R. Young and Gonzales: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE COOPER RIVER BEING CONSTRUCTED AS PART OF THE MARK CLARK EXPRESSWAY IN CHARLESTON AS THE DON N. HOLT BRIDGE.
At 6:35 P.M. the House in accordance with the motion of Rep. WELLS adjourned in memory of Mr. Tom Cowart, to meet at 10:00 A.M. tomorrow.
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