Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from the Prophet Isaiah (30:15):
"For thus said the Lord God, the Holy One of Israel,
`In returning and rest you will be saved;
In quietness and in trust shall be your strength.'"
Let us pray.
Gracious and merciful Lord God, for a fresh new week full of new and old challenges we give You our thanks.
Our morning prayer is burdened with petitions for wisdom... and strength... and patience... beyond our own.
Keep us firm in our devotion to the truth... as we are led to an understanding of the truth, and in a genuine desire to strengthen the moral and spiritual fiber of our State.
We cherish these spiritual gifts as both a prerequisite as well as a consequence of our quest for fiscal responsibility.
Hold us true to our trust... in the Name of the God that trusts in us... through Christ our Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1501
Promulgated By Board of Chiropractic Examiners
Replacing All Existing Rules and Regulations
Received By Lt. Governor April 27, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 25, 1992
TO: Clerk of the Senate
Clerk of the House
FROM: Eugene C. Stoddard, Chairman
DATE: April 28, 1992
RE: Transcripts of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following informations be printed in the Journals of the Senate and House.
SCREENING BEFORE THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES, HELD IN ROOM 433, BLATT STATE OFFICE BUILDING, COLUMBIA, SOUTH CAROLINA, ON APRIL 2, 1992, COMMENCING AT THE HOUR OF 9:00 A.M.
MEMBERS OF COMMITTEE IN ATTENDANCE:
REP. EUGENE C. STODDARD, CHAIRMAN
REP. DANIEL E. MARTIN, SR., SECRETARY
SENATOR WARREN K. GIESE
SENATOR NELL W. SMITH
REP. JENNINGS G. McABEE
REP. H. HOWELL CLYBORNE, JR.
PURSUANT TO ACT 119 OF 1975, THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES WAS CONVENED TO CONSIDER THE QUALIFICATIONS OF CANDIDATES SEEKING TO FILL CERTAIN POSITIONS ON BOARDS OF TRUSTEES OF THE STATE'S COLLEGES AND UNIVERSITIES. THE COMMITTEE CONDUCTS SUCH INVESTIGATION OF EACH CANDIDATE AS IT DEEMS APPROPRIATE AND REPORTS ITS FINDINGS TO THE GENERAL ASSEMBLY PRIOR TO ELECTION. IT IS NOT THE FUNCTION OF THE COMMITTEE TO RECOMMEND ONE CANDIDATE OVER ANOTHER OR TO SUGGEST TO THE INDIVIDUAL LEGISLATOR FOR WHOM TO VOTE. OUR ROLE IS INSTEAD THAT OF DETERMINING WHETHER A CANDIDATE IS QUALIFIED AND UNDER THE STATUE OUR DETERMINATION IN THAT REGARD IS NOT BINDING UPON THE GENERAL ASSEMBLY.
FOURTEEN CANDIDATES WHO WERE UNDER CONSIDERATION AT THE TIME OF THE HEARING ARE DISCUSSED IN THIS REPORT.
THE CANDIDATES ARE:
CLEMSON UNIVERSITY--Three vacant seats
John J. Britton
Louis B. Lynn
Patricia H. McAbee
Allen P. Wood
UNIVERSITY OF SOUTH CAROLINA
2nd Judicial Circuit
Charles E. Simons, III
4th Judicial Circuit
Gus Hoffmeyer, Jr.
J. DuPre Miller
6th Judicial Circuit
James Bradley
8th Judicial Circuit
Herbert C. Adams
James E. Wiseman, III
10th Judicial Circuit
Lily-Roland Hall
14th Judicial Circuit
Helen C. Harvey
15th Judicial Circuit
Eugene C. Floyd
16th Judicial Circuit
Samuel R. Foster
REP. STODDARD: WELL, LADIES AND GENTLEMEN IT'S NICE TO HAVE YOU WITH US AND WE'LL START NOW. FOR CLEMSON UNIVERSITY WITH THREE VACANT SEATS WITH FOUR CANDIDATES AND WE'LL START WITH DR. JOHN J. BRITTON.
REP. McABEE: MR. CHAIRMAN.
REP. STODDARD: MR. McABEE.
REP. McABEE: I WILL NOT PARTICIPATE IN THE SCREENING FOR THE CLEMSON CANDIDATES. HOWEVER, I WILL RETURN FOR THE SCREENING OF THE UNIVERSITY OF SOUTH CAROLINA CANDIDATES.
REP. STODDARD: MR. McABEE IS EXCUSED FROM THE CLEMSON UNIVERSITY SCREENING.
(JOHN J. BRITTON, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR I DON'T.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A ABSOLUTELY, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, I DON'T.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, I DON'T MR. CHAIRMAN.
Q ANY QUESTIONS OF THE GENTLEMAN?
REP. STODDARD: YOU MAY STEP DOWN SIR.
REP. STODDARD: NEXT WE HAVE DR. LOUIS B. LYNN.
(LOUIS B. LYNN, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
MR. LYNN: GOOD MORNING MR. CHAIRMAN. I AM LOUIS LYNN.
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOUR NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF DR. LYNN?
REP. STODDARD: THANK YOU.
REP. STODDARD: NEXT WE HAVE PATRICIA H. McABEE.
(PATRICIA H. McABEE, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOU PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUEL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF MS. McABEE?
REP. STODDARD: THANK YOU MA'AM.
REP. STODDARD: MR. WOOD.
MR. WOOD: MR. CHAIRMAN, I AM ALLEN WOOD.
(ALLEN WOOD, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, I DO NOT.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, I DO NOT.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, I DO NOT.
Q ANY QUESTIONS OF THE GENTLEMAN?
REP. STODDARD: THANK YOU MR. WOODS.
REP. STODDARD: MR. CLYBORNE.
REP. CLYBORNE: YES, SIR. I MOVE THAT WE CERTIFY THE CLEMSON APPLICANTS AS QUALIFIED.
REP. STODDARD: YOU HAVE HEARD THE MOTION, ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT. WE FIND THE CLEMSON CANDIDATES ALL QUALIFIED. THANK YOU AND LADIES AND GENTLEMEN.
REP. STODDARD: NEXT, WE GO TO THE UNIVERSITY OF SOUTH CAROLINA. IN THIS CATEGORY WE HAVE JAMES BRADLEY, LILY-ROLAND HALL, HELEN HARVEY, SAMUEL R. FOSTER AND EUGENE C. FLOYD UNOPPOSED.
REP. CLYBORNE: MR. CHAIRMAN.
REP. STODDARD: YES SIR, MR. CLYBORNE.
REP. CLYBORNE: I MOVE THAT THOSE CANDIDATES THAT ARE NOT CHALLENGED BE CERTIFIED AS QUALIFIED.
REP. STODDARD: MR. CLYBORNE MOVES THAT WE WAIVE THE SCREENING ON THE UNOPPOSED CANDIDATES. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
REP. STODDARD: NEXT, WE COMMENCE ON THOSE WITH OPPOSITION. SECOND JUDICIAL CIRCUIT, CHARLES E. SIMONS, III.
MR. SIMONS: GOOD MORNING , MR. CHAIRMAN.
REP. STODDARD: YES, SIR.
(CHARLES E. SIMONS, III, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE SECOND JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR NELL W. SMITH: MR. CHAIRMAN.
Q WE ARE CERTAINLY GLAD TO HAVE YOU COME BEFORE US AND I WOULD JUST ASK YOU THIS. HOW DO YOU SEE YOUR RESPONSIBILITY AS A BOARD MEMBER, IF YOU WERE TO BECOME ONE, THE POLICY-MAKING PROCESS OF THE BOARD AND HOW DO YOU SEE THE ROLE OF A TRUSTEE?
A I SEE THE ROLE OF A TRUSTEE AS BEING ONE OF A GENERAL OVERSIGHT IN ESTABLISHING POLICY AND BEING CAREFUL AND ATTENTIVE NOT TO GET INVOLVED IN THE DAY TO DAY OPERATION OF THE UNIVERSITY, ON PERSONNEL MATTERS AND THAT SORT OF THING. NOW, AS ONE OF TWENTY-TWO MEMBERS OF THE BOARD, I SEE MY POSITION AS BEING ONE OF BEING A TEAM PLAYER AND BEING COOPERATIVE AND RESPONSIVE TO THE IDEALS AND PHILOSOPHIES OF MY COLLEAGUES SO THAT WE TOGETHER AS A GROUP CAN DO JUST THAT, SET THE POLICY FOR A FLAGSHIP INSTITUTION IN THE STATE.
Q THANK YOU, ANT THE OTHER QUESTION I WOULD ASK YOU IS THAT, AS YOU WELL KNOW, THERE ARE TIMES WHEN THERE ARE QUESTIONS ASKED OF THE GENERAL ASSEMBLY OF HOW THINGS OCCURRED THAT WE ARE NOT AWARE OF OR THAT THE BOARD IS NOT AWARE OF. I THINK YOU HAVE TO HAVE A TREMENDOUS RESPONSIBILITY TODAY IN ANY BOARD POSITION TO BE VERY ACTIVE AND INVOLVED IN QUESTIONING AND TRYING TO DETERMINE, FOR YOURSELF, THE ACTIVITIES OF THE UNIVERSITY AND THOSE DECISIONS THAT ARE TO BE MADE BY THE BOARD THAT YOU SHOULD BE INVOLVED IN. AND I GUESS THAT IS REALLY WHAT I AM ASKING YOU. WOULD YOU BE THE KIND OF PERSON WHO WOULD BE ASKING QUESTIONS IF THERE WERE SOMETHING THAT OCCURRED THAT YOU HAD CONCERN ABOUT THAT YOU WOULD PURSUE IT INTERNALLY?
A YES, MA'AM. I HAVE SERVED THE LAST EIGHT YEARS ON THE BOARD AND I THINK I HAVE BEEN THAT KIND OF BOARD MEMBER AND I SEE NO REASON WHY I WOULDN'T CONTINUE TO BE.
SENATOR SMITH: THANK YOU.
REP. STODDARD: ANY FURTHER QUESTIONS OF THE GENTLEMAN? THANK YOU MR. SIMONS.
MR. SIMONS: THANK YOU.
REP. STODDARD: MR. SIMONS HAD AN OPPONENT, MR. TOMMY A. HOUSTON. IS HE PRESENT? MR. HOUSTON DID NOT RESPOND TO ANY OF THE COMMUNICATIONS TO HIM. HE MAILED A LETTER OF INTENT BUT DIDN'T SEND BACK ANY OF HIS INFORMATION AT ALL. I DON'T KNOW WHAT THE COMMITTEE MIGHT WANT TO DO ON THAT. WE'LL PASS OVER IT AT THIS TIME.
REP. STODDARD: IN THE FOURTH JUDICIAL CIRCUIT, WE HAVE GUS HOFFMEYER, JR.
(GUS HOFFMEYER, JR., CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE FOURTH JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A AT ANY TIME.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR NELL W. SMITH: MR. CHAIRMAN.
Q I WOULD ASK THE SAME QUESTION. HOW DO YOU SEE YOUR ROLE AS A MEMBER OF THE BOARD OF TRUSTEES?
A I'LL BE GLAD TO ANSWER THAT. IF YOU DON'T MIND, I'LL READ A LITTLE STATEMENT. I HAVE LONG HAD AN INTEREST IN THE UNIVERSITY OF SOUTH CAROLINA AND FEEL STRONGLY THAT I AM QUALIFIED TO HELP MOVE CAROLINA INTO A PROMINENT POSITION OF RECOGNITION. I THINK IT IS IMPORTANT THAT WE STRIVE FOR RECOGNITION AT ALL LEVELS - INTERNATIONAL, NATIONAL, AND IN OUR OWN STATE. IT IS, HOWEVER, MOST IMPORTANT THAT WE FOCUS FIRST ON MEETING THE NEEDS OF THE CITIZENS OF SOUTH CAROLINA AND BUILD A BASE OF WELL-EDUCATED PEOPLE. I WILL WORK WITH THE ADMINISTRATION TO IMPROVE THE UTILIZATION OF RESOURCES AVAILABLE TO THE UNIVERSITY OF SOUTH CAROLINA, BUT AT THE SAME TIME, I WOULD HOLD THEM ACCOUNTABLE FOR THEIR ACTIONS AND ALSO THE BOARDS ACTIONS. I THINK WE MUST UTILIZE THESE RESOURCES IN A PRUDENT BUT EFFECTIVE WAY. I THINK THE MISSION OF THE UNIVERSITY MUST BE ONE OF VISION. TO ACHIEVE OUR GOALS I THINK IT WILL REQUIRE TIME AND COMMITMENT BY THE BOARD - WHICH I AM PREPARED TO GIVE.
Q AND I WOULD ALSO ASK YOU THIS ONCE AGAIN. I SEE THE UNIVERSITY AS A VERY PROUD SCHOOL AND THEY HAVE A VERY PROUD HERITAGE AND I HAVE BEEN, JUST LIKE MY COLLEAGUES I'M SURE, VERY CONCERNED OVER THE ADVERSE PUBLICITY THAT IT HAS RECEIVED. AND I WOULD SAY TO YOU, AS A BOARD MEMBER, DO YOU FEEL THAT YOU HAVE THE STRENGTHS AND THE TALENTS TO PERSEVERE IN ENTITIES WHERE YOU NEED TO FOLLOW UP AND DETERMINE A PROBLEM OF THE UNIVERSITY THAT CAN EFFECT ADVERSELY, AS WE'VE BEEN THROUGH?
A I HAVE SERVED ON THE DARLINGTON COUNTY BOARD OF TRUSTEES, THE EDUCATION BOARD, FOR TEN YEARS. I BELIEVE IN INFORMING THE ADMINISTRATION OF WHAT WE KNOW AS BOARD MEMBERS AND I THINK WE NEED TO RUN IT IN A GOOD, EFFICIENT WAY AND NOT HIDE THINGS.
SENATOR NELL W. SMITH: THANK YOU.
REP. STODDARD: ANY OTHER QUESTIONS? THANK YOU SIR.
REP. STODDARD: NEXT CANDIDATE FROM THE FOURTH CIRCUIT IS J. DUPRE MILLER.
MR. MILLER: GOOD MORNING.
(J. DUPRE MILLER, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE FOURTH JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR I DO NOT.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A I THINK THAT I DO SIR. I SIMPLY STATE THAT I AM PRESENTLY SERVING AS THE MUNICIPAL JUDGE OF THE CITY OF BENNETTSVILLE. IF ELECTED I WILL IMMEDIATELY RESIGN THAT JUDGESHIP.
Q ANY QUESTIONS OF THE GENTLEMAN?
Q I AM GOING TO ASK THE SAME QUESTION THAT I HAVE ASKED ALL OF YOU. I NOTICE HERE THAT YOU HAVE SERVED TO ON A HOSPITAL BOARD AND BAR ASSOCIATION. I AM SURE YOU HAVE CERTAINLY DEALT WITH BOARD MEETINGS WHERE THERE WERE CONTROVERSIES AND DIFFERENCES, AND HOW DO YOU SEE YOUR ROLE AS A POTENTIAL TRUSTEE OR A TRUSTEE IN SITUATIONS WHERE THERE ARE SOME VERY CRITICAL DECISIONS THAT HAVE TO BE MADE. HOW DO YOU SEE YOUR ROLE, ARE YOU AN ACTIVE PARTICIPANT WITHIN THE BOARD STRUCTURE OR WOULD YOU BE, OR DO YOU JUST ACCEPT INFORMATION.
A I WOULD TRY TO BE AN ACTIVE PARTICIPANT, OF COURSE I WOULD WANT TO BE WELL-INFORMED OF THE SITUATION BEFORE MAKING ANY STATEMENT OR TAKING ANY POSITION.
SENATOR GIESE: MAY I ASK A QUESTION?
Q IT SEEMS THAT THE ATHLETIC SITUATION AT SOME OF THE LARGER UNIVERSITIES IS CONSTANTLY IN THE HEADLINES. WHAT DO YOU THINK THE BOARD OF TRUSTEES POSITION IS IN SOMETHING THAT HAS AS HIGH A VISIBILITY AS ATHLETICS?
A WHAT THE BOARD'S POSITION WOULD BE SIR?
Q THE BOARD'S RESPONSIBILITY?
A WELL, I THINK THAT RESPONSIBILITY OF THE BOARD PERTAINING TO ATHLETICS OR ANY OTHER PHASE OF THE UNIVERSITY SHOULD BE THE SAME. I DON'T THINK EMPHASIS SHOULD BE PLACED MORESO ON ATHLETICS THAT ANY OTHER CURRICULUM OR ANYTHING ELSE. I FEEL, IT IS MY UNDERSTANDING, THAT THERE ARE COMMITTEES ON THE BOARD WHICH WOULD DEAL WITH ATHLETICS AND MAKE RECOMMENDATIONS TO THE FULL BOARD. I AM NOT SURE I HAVE ANSWERED YOUR QUESTION. I'M NOT SURE I UNDERSTOOD YOUR QUESTION.
Q NO, I THINK THAT WOULD BE ADEQUATE. CLEMSON HAS BEEN IN RATHER HIGH VISIBILITY LATELY ABOUT EITHER THE FIRING OR DEMOTING OF ONE OF THEIR DEPARTMENT HEADS. DO YOU THINK THE BOARD HAS ANY RESPONSIBILITY IN INVESTIGATING SOMETHING LIKE THAT?
A OH, YES SIR I CERTAINLY DO. IF THAT WOULD PRESENT A PROBLEM OR COME TO THEIR ATTENTION I CERTAINLY FEEL THAT THEY SHOULD MAKE AN INVESTIGATION. I CERTAINLY DO.
Q AND THEN WHAT WOULD YOUR NEXT STEP BE?
A I WOULD HOPE THAT THE PRESIDENT OF THE UNIVERSITY WOULD HAVE A RECOMMENDATION ALONG THOSE LINES. IF HE DIDN'T, I CERTAINLY FEEL THAT AN INVESTIGATION SHOULD BE MADE AND DECISION ARRIVED.
REP. STODDARD: ANY FURTHER QUESTIONS?
REP. STODDARD: THANK YOU SIR. NEXT WE HAVE THE EIGHTH JUDICIAL CIRCUIT, MR. HERBERT ADAMS.
(HERBERT ADAMS, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE EIGHTH JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF THE MR. ADAMS?
SENATOR NELL W. SMITH: YES, SIR I CERTAINLY DO.
Q MR. ADAMS, YOU SERVED AND I VERY WELL REMEMBER WHEN YOU FIRST RAN AND YOU'VE SERVED THROUGH A VERY DIFFICULT TIME AT THE UNIVERSITY. A TIME THAT I THING I REGRET VERY MUCH MYSELF, AS A MEMBER OF THE GENERAL ASSEMBLY. THAT I HAVE BEEN CALLED ON MANY OCCASIONS, FIRST OF ALL HOW DID THE BOARD MEMBERS GET THERE. AND MANY TIMES I SAY, WELL, BY VOTE OF THE GENERAL ASSEMBLY. SO I FEEL WE HAVE A RESPONSIBILITY AND I FEEL CERTAINLY YOU HAVE A RESPONSIBILITY. AND I WOULD ASK YOU WITH THE CONTROVERSIES YOU HAVE DEALT WITH OVER THE PAST SEVERAL YEARS AND THE HURT AND HARM THAT I THINK HAS DEVELOPED AT THE UNIVERSITY, ARE THERE THINGS THAT YOU HAVE DETERMINED THAT IF YOU COULD GO BACK AND DO OVER WOULD YOU MAKE DIFFERENT DECISIONS AND WOULD YOU PURSUE DIFFERENT AVENUES OF INQUIRY?
A I THINK FIRST YOU ASKED THAT AS AN INDIVIDUAL TRUSTEE, AND THAT'S THE ONLY WAY I CAN ANSWER THAT. I THINK AS AN INDIVIDUAL TRUSTEE AS I REVIEW THE EIGHT YEARS, I DON'T REALLY KNOW THAT I WOULD DO ANYTHING DIFFERENT. I'VE SOUGHT TO MAKE INQUIRY WHEN I FELT LIKE I DID NOT HAVE ADEQUATE INFORMATION AND TO TRY TO FIND OUT WHAT WAS ACCURATE AS BEST I COULD AS AN INDIVIDUAL AND THEN FROM THAT POINT TO MAKE MY DECISIONS. AND THIS I HAVE DONE FROM THE DAY I WALKED ONTO THE BOARD BACK IN 1984.
Q DO YOU FEEL YOU HAD SUFFICIENT INFORMATION UPON WHICH TO MAKE THE DETERMINATIONS WHICH YOU WERE CALLED ON TO MAKE?
A I THINK WITHOUT A DOUBT AT TIMES WE DID NOT HAVE SUFFICIENT INFORMATION OR WE WERE MAYBE INUNDATED WITH INFORMATION. TO ANSWER YOUR QUESTION THERE. I THINK LOOKING BACK ON THE INFORMATION THAT WE RECEIVED AT TIMES THAT IT WAS INADEQUATE, AND I DON'T KNOW WHERE I WOULD PLACE THE BLAME THOUGH.
Q WELL, I AM NOT TRYING TO DO THAT. WHAT I AM TRYING TO DETERMINE IS FROM THAT EXPERIENCE, DO YOU THINK THAT BOARD POLICIES HAVE BEEN CHANGED IN SUCH AS WAY THAT PERHAPS WE WILL NOT GO THROUGH THAT EXPERIENCE AGAIN? AND HAVE THERE BEEN INTERNAL DISCUSSIONS ON THE BOARD WHERE YOU HAVE LITERALLY CONFRONTED THE PROBLEMS THAT YOU HAD AS A BOARD IN TRYING TO DEAL WITH A VERY, VERY BAD SITUATION?
A YES, MA'AM I THING WE HAVE CONFRONTED THOSE IN SEVERAL WAYS. IN 1984, WE DID NOT HAVE A FISCAL POLICY COMMITTEE, WHICH REVIEWED ON A PERIODIC BASIS THAT FINANCIAL ASPECTS OF THE UNIVERSITY. THAT WE HAVE IN PLACE TODAY. IT IS VERY ACTIVE, IT HAS BEEN ACTIVE REALLY SINCE LATE 1988 AND 89. IT WAS MADE A PERMANENT COMMITTEE THE FIRST PART OF 90 OR THE LAST PART OF 89 AND IT HAS BEEN MOST ACTIVE IN MAKING SURE THAT THE UNIVERSITY IF FINANCIALLY ACCOUNTABLE TO THE PEOPLE OF SOUTH CAROLINA. AND CERTAINLY THIS COMMITTEE MAKES SURE, I THINK, THAT IT IS PERFORMING AND HAS PERFORMED TO MAKE SURE THAT THE TRUSTEES HAVE THE INFORMATION FROM A FINANCIAL STANDPOINT TO MAKE DECISIONS. AND A LOT OF OUR CRITICISMS HAVE COME FROM THE FINANCIAL DEALINGS OF THE UNIVERSITY. AND I THINK THAT THIS, AS IS EVERYTHING ELSE THAT IS DONE BY HUMAN BEINGS, HAS BEEN DONE AND CERTAINLY MIGHT CAN BE DONE BETTER. BUT THERE HAS BEEN A GIANT STEP FORWARD, I THINK FROM MY PERSONAL OPINION.
REP. STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
SENATOR GIESE: MR. CHAIRMAN.
REP. STODDARD: SENATOR GIESE.
Q MR. ADAMS, WHAT IS THE FUNCTION OF THE SECRETARY TO THE BOARD?
A THE FUNCTION OF THE SECRETARY TO THE BOARD. THAT'S INTERESTING, IN THE EIGHT YEARS THAT I HAVE SERVED ON THE BOARD THAT POSITION HAS BEEN SORT OF A DUAL POSITION. HE HAS SERVED AS SECRETARY TO THE BOARD, HE HAS SERVED AS VICE-PRESIDENT TO DEVELOPMENT AT ONE TIME, VICE-PRESIDENT TO ADMINISTRATION AT ONE TIME, VICE-PRESIDENT FOR CULTURAL AFFAIRS I THINK IS PRESENTLY THE POSITION. BUT PRIMARILY, THE SECRETARY TO THE BOARD, I LOOK TO KEEP THE BOARD MEMBERS INFORMED AND UP-TO-DATE ON GETTING US THE INFORMATION WE NEED FROM OUR MEETINGS SO THAT WE CAN PREPARE FOR THE MEETINGS, BOTH IN COMMITTEE MEETINGS AND FULL BOARD MEETINGS.
Q IF YOU HAD SOME QUESTIONS THAT YOU WANTED RESEARCHED OR REVIEWED, IS HE THE PERSON THAT YOU WOULD CONTACT AND SAY `PLEASE GET ME THIS INFORMATION'?
A HE WOULD BE THE FIRST CONTACT. YES SIR. HE WOULD BE THE FIRST CONTACT.
Q WOULD THAT BE KINDOF PROTOCOL TO GO THROUGH HIM OR WOULD YOU BE COMFORTABLE OR IS THE BOARD COMFORTABLE IN SEEKING INFORMATION IN WHATEVER WAY IT CAN GET ITS INFORMATION?
A WELL, TO BE VERY HONEST WITH YOU, I'M KIND OF COMFORTABLE GETTING INFORMATION ANY WAY I CAN. BUT I WOULD SEEK TO GO THROUGH THE SECRETARY, I THINK THAT IS THE FIRST STEP. HOWEVER, AS YOU SERVE YOU BEGIN TO KNOW CERTAIN PEOPLE WHO HAVE INFORMATION THAT YOU JUST MAKE DIRECT CONTACT TO.
Q A LITTLE BIT DIFFERENT LINE OF QUESTIONING. I REMEMBER YEARS AGO THERE USED TO BE PORTIONS OF THE BOARD OF TRUSTEES THAT, FOR INSTANCE, THAT WOULD BE A FIVE MAN COMMITTEE THAT WAS THE ATHLETIC COMMITTEE, AND THEY HAD THE POWER ACTING FOR THE BOARD. THEY WOULD ACTUALLY DO THE HIRING. IS THERE ANYTHING LIKE THAT TODAY?
A THERE IS NO COMMITTEE THAT HAS THE AUTHORITY OVER THE EXECUTIVE COMMITTEE TO ACT FOR THE BOARD AS I UNDERSTAND THE BYLAWS. THERE CERTAINLY ARE SPECIALIZED COMMITTEES, SUCH AS INTERCOLLEGIATE ACTIVITIES, WHICH DEALS PRIMARILY WITH ATHLETICS AND IN THE ATHLETIC PROGRAM. AND THEREFORE THEY ARE MADE KNOWLEDGEABLE IN CERTAIN AREAS, FOR INSTANCE IN THE SEARCH FOR A COACH AND THINGS LIKE THIS THAT THEY ARE MADE AWARE OF LET'S SAY THE FINAL SELECTION. THEY ARE CONTACTED AND CONSULTED, AT LEAST THAT HAS BEEN MY EXPERIENCE.
Q TELL US ABOUT, YOU MENTIONED, THE EXECUTIVE COMMITTEE. HOW MANY PEOPLE DOES IT CONTAIN, IS IT ACTIVE, DOES IT MAKE MANY INTERIM DECISIONS BETWEEN BOARD MEETINGS?
A THE EXECUTIVE COMMITTEE IS MADE UP OF THE CHAIRMAN EMERITUS, THE CHAIRMAN, AND THE VICE-CHAIRMAN, AND THE BOARD ELECTS THREE MEMBERS OF THE BOARD AT-LARGE TO SERVE ON THE COMMITTEE. IT IS VERY ACTIVE AND DEALS WITH PRIMARILY THE FINANCIAL ASPECTS OF THE BOARD. THAT TO A LARGE EXTENT HAS BEEN DELEGATED TO THE FISCAL POLICY COMMITTEE. IT DOES ON OCCASION MAKE DECISIONS BETWEEN MEETINGS. BUT THE BOARD MEETS EVERY OTHER MONTH JUST ABOUT AND SO THERE ARE TIMES WHEN THE EXECUTIVE COMMITTEE HAS MADE DESIGNS ON BEHALF OF THE BOARD. I MUST SAY THOUGH THAT IF IT'S AN AREA THAT IS RATHER CONTROVERSIAL AND IS AN AREA THAT THE EXECUTIVE COMMITTEE FEELS THE FULL BOARD NEEDS TO HAVE KNOWLEDGE AND BE A PART OF THAT DECISION, IT DOES NOT ACT ON BEHALF OF THE BOARD. IT SIMPLY GOES IN WITH THE RECOMMENDATION.
REP. STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
REP. STODDARD: THANK YOU MR. ADAMS. OUR NEXT CANDIDATE FROM THE EIGHTH CIRCUIT IS JAMES E. WISEMAN, III.
(JAMES E. WISEMAN, III, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE EIGHTH JUDICIAL CIRCUITY, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOU PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR NELL W. SMITH: YOU KNOW, I HATE TO BE THE MAIN INTERROGATOR.
Q THE THING THAT I WOULD ASK YOU BECAUSE YOU HAVE BEEN OUT AMONG PEOPLE IN YOUR AREA AND YOU CERTAINLY HAVE HEARD THE QUESTIONS THAT HAVE OCCURRED OVER THE PAST SEVERAL YEARS. THESE THINGS ARE VERY IMPORTANT BECAUSE OF THE IMAGE OF THAT UNIVERSITY AND THE CONFIDENCE SOUTH CAROLINIANS AS WELL AS OTHERS HAVE. WOULD YOU TELL ME FIRST OF ALL, WHY AT THIS TIME ARE YOU RUNNING?
A I AM CERTAINLY NOT RUNNING BECAUSE OF THE PROBLEMS THAT THE UNIVERSITY HAS HAD. MY FAMILY HAS ALWAYS BEEN INTERESTED IN THE UNIVERSITY. I HAVE ALWAYS BEEN INVOLVED IN THE UNIVERSITY. I KNOW I AM VERY YOUNG TO BE GOING FOR A POSITION LIKE THIS AND I UNDERSTAND HOW THINGS WORK. I DO WANT TO CONTRIBUTE TO THE UNIVERSITY AND THAT IS MY PRIMARY REASON FOR RUNNING. IT IS NOT TO PLAY ON THE PROBLEMS OF THE RECENT PAST BUT TO LOOK FORWARD AND TRY TO INTERJECT SOME OF MY VIEWS TO THE UNIVERSITY.
Q WHAT ARE SOME OF YOUR VIEWS? WHAT DO YOU WANT TO DO?
A WELL, I THINK THE PROBLEM WE HAVE AT THE UNIVERSITY IS TO LOOK AT IT AS AN EDUCATIONAL INSTITUTION, WHICH IT IS. BUT I'M INVOLVED PRIMARILY IN THE BUSINESS SIDE OF THINGS, WHICH I HAVE BEEN INVOLVED IN FAIRLY LARGE CORPORATIONS. AND I THINK WE NEED TO LOOK AT IT NOT ONLY AS AN EDUCATIONAL INSTITUTION BUT AS A 400 MILLION DOLLAR CORPORATION, WHICH IT REALLY IS. AND THE TAXPAYERS OF THE STATE OUGHT TO STOP IT 'CAUSE IT NEEDS TO BE RUN MORE LIKE A BUSINESS.
Q AS A BOARD MEMBER, I THINK IT IS IMPORTANT BECAUSE I AM TRYING TO GET US PAST WHERE WE HAVE BEEN AND THE CONFIDENCE RESTORED THAT I THINK NEEDS TO BE THERE. BUT AS A BOARD MEMBER HOW DO YOU SEE YOUR ROLE AS DEALING WITH NOT ONLY THE GOOD THINGS THAT COME ALONG BUT SOME OF THE QUESTIONS THAT ARE ASKED TOO. HOW WOULD YOU, IF YOU HAD BEEN ON THE BOARD, AND THIS IS SPECULATIVE AND DOES NOT REFLECT ON ANYBODY, BUT IF YOU HAVE BEEN ON THAT BOARD DURING THE TIMES OF REAL CRISIS AND CONTROVERSY, HOW DO YOU SEE YOUR ROLE AS A TRUSTEE IN THAT TYPE OF SITUATION AND WHAT TYPES OF THINGS WOULD YOU HAVE BEEN DOING TO TRY TO BRING THIS TO A CONCLUSION?
A FIRST OF ALL, I THINK ANYBODY SHOULD BE VERY INVOLVED IN THE SITUATION AND NOT LOOK TO ONE OR TWO FOR HAVING ANY FURTHER INFORMATION. FIND OUT AS MUCH INFORMATION AS YOU CAN, OF COURSE, WHEN YOU'RE IN A CRISIS SITUATION EVERYBODY RUNS FOR COVER. I THINK IT IS VERY DIFFICULT AT TIMES TO GET INFORMATION, BUT YOU NEED TO BE AS INVOLVED AS POSSIBLE TO GET THE RIGHT INFORMATION. AND WITHOUT BEING INVOLVED AND WITHOUT ASKING A LOT OF QUESTIONS OF THE RIGHT PEOPLE, IT IS VERY DIFFICULT TO OBTAIN. I MIGHT SAY THAT A LOT OF WORDS HAVE BEEN SAID ABOUT THAT TIME, AND I WOULD SAY TO THE BOARD THAT AS A TRUSTEE MEMBER I WOULD NOT BE INTIMIDATED BY ANYBODY. I THINK THAT IS ONE THING TRUSTEE MEMBERS CANNOT AFFORD TO BE, INTIMIDATED BY A PRESIDENT OR BY ANY OF THOSE PEOPLE BECAUSE THEY ARE THE EMPLOYEES OF THE BOARD OF TRUSTEES.
Q AND AS A TRUSTEE WOULD YOU INSIST THAT YOU RECEIVE INFORMATION ABOUT YOUR BOARD MEMBERS, YOUR BOARD MEETING THAT YOUR WOULD GO OVER THIS PRIOR TO WALKING INTO A BOARD MEETING AND THAT YOU WOULD FAMILIARIZE YOURSELF WITH THE WORKINGS OF THE VARIOUS COMMITTEES AND ALL AND KNOW WHAT THEY DO AND IN SUCH WAY BE FAMILIAR YOURSELF WITH THE DUTIES YOU WILL BE CALLED ON TO PERFORM AND THE DECISION THAT YOU WOULD HAVE TO MAKE?
A WITHOUT A QUESTION.
REP. STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN? SENATOR GIESE.
SENATOR GIESE: I THINK THAT COVERS EVERYTHING I WAS GOING TO ASK.
REP. STODDARD: THANK YOU, SIR.
REP. STODDARD: SENATORS AND REPRESENTATIVES, THAT CONCLUDES THE MEMBERS EXCEPT FOR THE ONE I SPOKE OF EARLIER THAT DID NOT APPEAR AND WE HAVEN'T EVEN RECEIVED HIS INFORMATION BACK.
SENATOR NELL W. SMITH: WELL THERE WAS A DEADLINE FOR THAT?
REP. STODDARD: YES, MA'AM.
SENATOR NELL W. SMITH: WHAT IS THE PROCEDURE FOR OUR COMMITTEE?
REP. STODDARD: WELL, WE COULD EITHER FIND THE GENTLEMAN NOT QUALIFIED OR JUST MAKE NO RECOMMENDATION.
SENATOR NELL W. SMITH: I DON'T SEE HOW YOU COULD MAKE A RECOMMENDATION ON SOMEONE IF YOU DON'T HAVE INFORMATION ON THEM.
REP. STODDARD: YES, MA'AM, WHATEVER THE COMMITTEE DECIDES.
SENATOR NELL W. SMITH: WELL THAT WOULD BE MY MOTION.
REP. STODDARD: YOU'D MOVE TO FIND HIM NOT QUALIFIED.
SENATOR NELL W. SMITH: YES, BECAUSE YOU HAVE NO INFORMATION OR ANYTHING ELSE.
REP. STODDARD: ALL IN FAVOR SAY AYE. OPPOSED NO. THE AYES HAVE IT . MR. CLYBORNE.
REP. CLYBORNE: I THEN MAKE A MOTION ON THESE OTHER GENTLEMAN THAT WE FIND THEM QUALIFIED.
REP. McABEE: I SECOND IT.
REP. STODDARD: ALL IN FAVOR SAY AYE. OPPOSED NO. THE AYES HAVE IT. YOU ARE ALL OFFICIALLY QUALIFIED AND MAY COMMENCE TO WORK. I APPRECIATE YOU APPEARING.
(On motion of Senator NELL W. SMITH, ordered printed in the Journal)
At 10:15 A.M., Senator GIESE requested and was granted a leave of absence beginning at 3:30 P.M. until 10:00 A.M. Friday, May 1, 1992.
Columbia, S.C., April 28, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
asks for a Committee of Conference, and has appointed Reps. BOAN, CARNELL and H. BROWN of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, MOORE and LEATHERMAN of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
At 10:17 A.M., Senator McGILL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.
There was no objection and a message was sent to the House accordingly.
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recalled from the Legislative Council.
Senator J. VERNE SMITH asked unanimous consent to reconsider the vote whereby the Senate concurred in the House amendments.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate nonconcurred in the House amendments, and a message was sent to the House accordingly.
H. 4613 -- Reps. Manly, Neilson, Keyserling, Waites, Whipper, Cromer, Glover, J.C. Johnson, Cobb-Hunter, McElveen, L. Elliott, Barber, Mattos, M.O. Alexander, D. Martin, Rogers, J. Bailey, Jaskwhich and Kempe: A CONCURRENT RESOLUTION ENDORSING THE GOALS AND OBJECTIVES OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED), OTHERWISE KNOWN AS THE EARTH SUMMIT, SCHEDULED FOR JUNE, 1992, IN BRAZIL, AND CALLING UPON THE PRESIDENT OF THE UNITED STATES TO JOIN HIS COUNTERPARTS FROM AROUND THE WORLD AT THE EARTH SUMMIT AND TO INSTRUCT UNITED STATES NEGOTIATORS TO WORK WITH OTHER NATIONAL DELEGATIONS IN CRAFTING AN INTERNATIONAL PROTOCOL ON GLOBAL CLIMATE CHANGE.
On motion of Senator NELL W. SMITH, with unanimous consent, the Resolution was recalled from the Committee on Agriculture and Natural Resources and ordered placed on the Calendar.
The following were introduced:
S. 1511 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.
Read the first time and referred to the Committee on Finance.
S. 1512 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-143 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH SPEED LIMITS FOR THE OPERATION OF VESSELS ON THE EDISTO RIVER AND PROVIDE FOR POSTING OF THE LIMITS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1513 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-13-195 SO AS TO PROVIDE THAT THE CODE COMMISSIONER SHALL DISTRIBUTE ADVANCE SHEETS OF STATUTES TO MASTERS-IN-EQUITY.
Read the first time and referred to the Committee on Judiciary.
S. 1514 -- Senators Lourie and Passailaigue: A BILL TO AMEND CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE CHILDREN'S FIREARM ACCIDENT PREVENTION ACT OF 1992, TO REQUIRE PERSONS TO KEEP FIREARMS IN A LOCKED CONTAINER OR OTHER REASONABLE LOCATION OR SECURE THE FIREARM WITH A TRIGGER-LOCK TO PREVENT UNAUTHORIZED AND UNSUPERVISED ACCESS TO FIREARMS BY MINORS, TO REQUIRE RETAIL DEALERS OF FIREARMS TO PROVIDE A WRITTEN WARNING TO PURCHASERS OF FIREARMS AND POST A WARNING TO PURCHASERS OF FIREARMS REGARDING THE REQUIREMENTS OF THIS ARTICLE, TO MAKE IT A CRIME FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE, AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1515 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.
Read the first time and referred to the Committee on Medical Affairs.
S. 1516 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PRINCIPLES OF MEDICAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1382, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1517 -- Medical Affairs Committee: A JOINT RESOLUTION TO DIRECT THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS SPECIFYING THE CRITERIA FOR PHYSICIAN SUPERVISION OF NURSE PRACTITIONERS AND TO SUBMIT THESE REGULATIONS FOR GENERAL ASSEMBLY REVIEW BY JANUARY 12, 1993.
Read the first time and ordered placed on the Calendar without reference.
S. 1518 -- Senators Patterson and Gilbert: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY SALE OF MOTOR FUEL IN THE WHOLESALE OR RETAIL MARKET AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, INCLUDING TRANSPORTATION AND TAXES, SHALL REQUIRE DOCUMENTATION OF THE DATE, TIME, AND SPECIFIC BUSINESS BY ACTUAL LOCATION RESPONSIBLE FOR CREATING THE NEED TO SELL BELOW COST, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.
Read the first time and ordered placed on the Calendar without reference.
S. 1519 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL; AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator ROSE, S. 1519 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1520 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1521 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEGISLATIVE AUDIT COUNCIL FOR HAVING RECEIVED TWO NATIONAL AWARDS ACKNOWLEDGING AGENCY EMPLOYEES' OUTSTANDING SKILLS IN CONDUCTING PERFORMANCE AUDITS.
Whereas, this State was recognized in 1990 for outstanding contributions in the field of legislative program evaluation by the Legislative Program Evaluation Society of the National Conference of State Legislatures; and
Whereas, with its receipt of this award, the Legislative Audit Council was the top legislative performance audit organization in the country in 1990; and
Whereas, the South Carolina Legislative Audit Council was recognized in 1991 for excellence in research design and method for its report, "Limited Scope Review of the Department of Social Services", by the Legislative Program Evaluation Society; and
Whereas, these awards are the first ever received by this State for excellence in performance auditing; and
Whereas, the credit for this recognition lies directly with the continuing and diligent efforts of the Legislative Audit Council and its staff; and
Whereas, the Council is composed of public members Robert L. Thompson, Jr., Sherri Mathews-Hazel, and Robert S. McCoy, Jr., and staff: Ryan Alexander, Priscilla Anderson, Marcia Ashford, Tom Bardin, Bob Chapman, Lyndon Chappell, Marilyn Edelhoch, Sparty Hammett, Jane McCue Johnson, Beth Lewis, Susan Long, Bobbi McCoy, Bethany Allen Narboni, Betsy Oakman, Candy Pou, Cheryl Ridings, Sara Schechter-Schoeman, George L. Schroeder, Perry Simpson, Kathy Snider, Lois Tarte, Jane Thesing, Maribeth Werts, and Andrew Young. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly unite in congratulating the Legislative Audit Council and its staff for the awards received in 1990 and 1991.
Be it further resolved that a copy of this resolution be sent to each public member and staff of the Legislative Audit Council.
Referred to the Committee on Finance.
H. 4792 -- Reps. J. Brown, Scott, Byrd and Taylor: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO THE REVEREND DR. D.E. FRANKLIN ON THE SEVENTH ANNIVERSARY OF HIS SERVICE AS PASTOR OF GREATER ST. LUKE BAPTIST CHURCH OF COLUMBIA.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3033 -- Reps. Keegan, Corning and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.
Read the first time and referred to the Committee on Finance.
H. 4174 -- Reps. Jennings, M. Martin and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT ANY PERSON UPON BEING ARRESTED FOR A VIOLATION OF SECTION 56-5-2930 AND TAKEN BY THE ARRESTING OFFICER TO A LOCATION FOR PURPOSES OF ADMINISTERING THE CHEMICAL TEST OF HIS BREATH MUST ALSO HAVE HIS CONDUCT AT THIS LOCATION VIDEOTAPED BY THE ARRESTING OFFICER OR ANOTHER MEMBER OF THE ARRESTING OFFICER'S DEPARTMENT, TO PROVIDE THAT A COPY OF THIS VIDEOTAPE MUST BE PROVIDED TO THE DEFENDANT UPON HIS REQUEST AND AT HIS EXPENSE BEFORE THE SCHEDULED TRIAL DATE AND IT IS ADMISSIBLE AS EVIDENCE BY EITHER SIDE IN THIS PROCEEDING, AND TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO THE VIDEOTAPING OF HIS CONDUCT.
Read the first time and referred to the Committee on Judiciary.
H. 4215 -- Reps. Sheheen, Klapman, Boan and Kirsh: A BILL TO AMEND SECTION 11-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD.
Read the first time and referred to the Committee on Finance.
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.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4684 -- Reps. Wilkins, Kinon, McAbee and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-480 SO AS TO ALLOW THE GOVERNOR TO AUTHORIZE THE NATIONAL GUARD TO SUPPORT FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES IN DRUG ENFORCEMENT MATTERS, AND TO AUTHORIZE THE GOVERNOR TO DELEGATE HIS AUTHORITY UNDER THIS SECTION TO THE ADJUTANT GENERAL WHO IS ALLOWED SPECIFICALLY TO ENTER INTO MUTUAL ASSISTANCE AND SUPPORT AGREEMENTS WITH LAW ENFORCEMENT AGENCIES FOR ACTIVITIES WITHIN THIS STATE.
Read the first time and referred to the Committee on Judiciary.
H. 4699 -- Reps. McElveen and Hodges: A JOINT RESOLUTION TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL AND THE STATE REORGANIZATION COMMISSION TO JOINTLY CONDUCT A STUDY OF STATE GOVERNMENT IN ORDER TO MAKE RECOMMENDATIONS CONCERNING MAKING STATE GOVERNMENT MORE EFFICIENT, EFFECTIVE, AND ACCOUNTABLE, THE ELIMINATION OF DUPLICATE SERVICES, CONSOLIDATION OF AGENCY FUNCTIONS, DESIRABILITY OF IMPLEMENTING TOTAL QUALITY MANAGEMENT IN STATE GOVERNMENT, AND THE POSSIBLE REORGANIZATION OF THIS STATE'S SYSTEM OF HIGHER EDUCATION, TO PROVIDE FOR THE REQUIRED COMPLETION DATES OF THIS STUDY WHICH ARE STAGGERED OVER A PERIOD OF FIVE YEARS, TO INCLUDE IN THE STUDY CERTAIN PUBLIC AUTHORITIES OR ENTITIES ESTABLISHED BY STATE LAW THE FUNDING AND REVENUES OF WHICH ARE NOT EXPENDED OR APPROPRIATED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT IF THE GENERAL ASSEMBLY DOES NOT ADOPT THE RECOMMENDATIONS OF THE AUDIT COUNCIL AND THE REORGANIZATION COMMISSION BY ENACTING APPROPRIATE LEGISLATION OR IF IT DOES NOT OTHERWISE EXTEND AN AGENCY BY ACT OR JOINT RESOLUTION, THE AGENCY OR ENTITY IS ABOLISHED AS OF A SPECIFIED DATE, AND TO PROVIDE THAT THE PROVISIONS OF CHAPTER 20, TITLE 1 OF THE 1976 CODE, RELATING TO THE SUNSETTING OF CERTAIN AGENCIES AND DEPARTMENTS, ARE SUSPENDED UNTIL JULY 1, 1997.
Read the first time and referred to the Committee on Finance.
H. 4710 -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON MARCH 31, 1992, AND APRIL 1, 1992, BY THE STUDENTS OF THE TRAVELERS REST ELEMENTARY SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT BECAUSE OF THE CONDEMNATION OF THE SCHOOL BUILDING ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4714 -- Rep. McLeod: A BILL TO AMEND SECTION 40-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS PERTAINING TO BARBERS AND BARBERING, SO AS TO REVISE THE EXEMPTION FOR COSMETOLOGISTS.
Read the first time and referred to the General Committee.
H. 4781 -- Reps. Keyserling and White: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO REVISE THE MANNER IN WHICH AND DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD ARE ELECTED BEGINNING WITH THE 1992 ELECTION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator GIESE, from the Committee on Medical Affairs, submitted a favorable with amendment report on:
S. 1103 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.
Ordered for consideration tomorrow.
Senator GIESE, from the Committee on Medical Affairs, submitted a majority favorable with amendment and Senator BRYAN, a minority unfavorable report on:
S. 1138 -- Senator Giese: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 1275 -- Senator Rose: A BILL TO AMEND CHAPTER 23, TITLE 15 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-15-115 SO AS TO MAKE IT UNLAWFUL FOR A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE WHO IS A LAW ENFORCEMENT OFFICIAL TO ASK OR REQUIRE AN EMPLOYEE TO PARTICIPATE IN PARTISAN POLITICAL ACTIVITY AND TO MAKE IT UNLAWFUL FOR A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE WHO IS A LAW ENFORCEMENT OFFICIAL TO DERIVE INCOME FROM PROVIDING GOODS OR SERVICES TO A PRISONER.
Senator ROSE explained the Bill.
On motion of Senator ROSE, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Medical Affairs, submitted a favorable with amendment report on:
S. 1285 -- Senators Nell W. Smith, Matthews, Setzler, Russell, Mullinax, Macaulay, Moore, Courson, Patterson and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-35 SO AS TO ESTABLISH THE COLLABORATION COUNCIL FOR CHILDREN TO PROVIDE A MECHANISM FOR PLANNING, COORDINATING, AND ENHANCING SERVICES TO CHILDREN CONCERNING THE MENTAL, PHYSICAL, SOCIAL, VOCATIONAL, ECONOMIC, AND EDUCATIONAL ASPECTS OF THEIR LIVES.
Ordered for consideration tomorrow.
Senator GIESE, from the Committee on Medical Affairs, submitted a favorable with amendment report on:
S. 1361 -- Senators Giese, Reese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1399 -- Senators Robert W. Hayes, Jr., Holland, McConnell, Bryan, Moore, Wilson, Russell, Mullinax, Leventis, Giese, Thomas, Rose, Courtney, McGill and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:
H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable with amendment report on:
H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable with amendment report on:
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
Ordered for consideration tomorrow.
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4094 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.
Ordered for consideration tomorrow.
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4103 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4104 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO PROVIDE THAT CONSIDERATION MUST BE GIVEN TO CONSUMER AND FAMILY REPRESENTATION WHEN RECOMMENDING AND APPOINTING MEMBERS TO THE BOARD.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:
H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.
Ordered for consideration tomorrow.
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendment report on:
H. 4256 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER, PROHIBIT CERTIFICATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4382 -- Rep. Koon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTIONS OF MR. MARTY HILYER OF LEXINGTON COUNTY IN SAVING THE LIFE OF AN ABANDONED INFANT LEFT IN A DUMPSTER IN RICHLAND COUNTY ON JANUARY 31, 1992, AND URGING APPROPRIATE ACTION BY STATE AGENCIES IF THE INFANT IS PUT UP FOR ADOPTION TO GIVE THE HILYER FAMILY EVERY CONSIDERATION IN ADOPTING THE INFANT.
Ordered for consideration tomorrow.
Senator THOMAS, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:
H. 4505 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF REGULATIONS BY THE GENERAL ASSEMBLY, AND SECTION 41-15-220, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.
Ordered for consideration tomorrow.
Senator PATTERSON, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator PATTERSON, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4603 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS OF TERMS AND REQUIREMENTS FOR OFFICIAL RECOGNITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1453, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 1323 -- Senator Drummond: A BILL TO AMEND SECTION 4-10-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION, COLLECTION, AND REVENUE DISTRIBUTION OF THE LOCAL SALES AND USE TAX, SO AS TO DELAY THE IMPOSITION DATE FROM MAY FIRST TO JUNE FIRST FOLLOWING APPROVAL AND TO DELETE AN OBSOLETE PROVISION.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator POPE proposed the following amendment (JUD1382.001), which was adopted:
Amend the bill, as and if amended, page 1, line 24, in Section 27-5-130, as contained in SECTION 1, by inserting after the word /estate/ the words /executed after December 31, 1992,/ .
Amend the bill further, as and if amended, page 1, beginning on line 38, by striking Section 2 in its entirety and inserting therein the following:
/SECTION 2. This act takes effect January 1, 1993./
Amend title to conform.
Senator ROBERT W. HAYES, JR. explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The amendment proposed by the Committee on Banking and Insurance (BBM\10016.JM) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 34 of the 1976 Code is amended by adding:
Section 34-36-10. As used in this chapter, unless the context otherwise requires:
(1) `Advance fee' means any consideration which is assessed or collected, prior to the closing of a loan, by a loan broker.
(2) `Borrower' means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit.
(3) `Department' means the Department of Consumer Affairs.
(4) `Loan broker' means any person who:
(a) for or in expectation of consideration arranges or attempts to arrange or offers to fund a loan of money, a credit card, or a line of credit;
(b) for or in expectation of consideration assists or advises a borrower in obtaining or attempting to obtain a loan of money, a credit card, a line of credit, or related guarantee, enhancement, or collateral of any kind or nature;
(c) acts for or on behalf of a loan broker for the purpose of soliciting borrowers; or
(d) holds himself out as a loan broker.
A `loan broker' does not include any bank or savings and loan association, trust company, building and loan association, credit union, consumer finance company, retail installment sales company, securities broker-dealer, real estate broker or salesperson, attorney, Federal Housing Administration or Veterans Administration approved lender, credit card company, installment loan licensee, mortgage loan broker registered under Chapter 58, Title 40 and acting within the scope of its certificate of registration, or insurance company, who is licensed by and subject to regulation or supervision of any agency of the United States, the South Carolina Board of Financial Institutions, or other agency of this State and is acting within the scope of the license; and also does not include subsidiaries of licensed or chartered consumer finance companies, banks, or savings and loan associations.
(5) `Principal' means any officer, director, partner, joint venturer, branch manager, or other person with similar managerial or supervisory responsibilities for a loan broker.
Section 34-36-20. No loan broker shall:
(1) assess or collect an advance fee from a borrower to provide services as a loan broker.
(2) make or use any false or misleading representations or omit any material fact in the offer or sale of the services of a loan broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the buyer.
(3) make or use any false or deceptive representation or conceal a material fact in its business dealings with the borrower or with the department.
Section 34-36-30. Each principal of a loan broker may be sanctioned for the actions of the loan broker, including the loan broker's agents or employees acting in the course of business of the loan broker.
Section 34-36-40. (A) The department may investigate the actions of any person for compliance with this chapter.
(B) The department may order a loan broker to cease and desist whenever the department determines that the loan broker has violated, is violating, or will violate any provision of this chapter, any regulation promulgated by the department, or any written agreement entered into with the department.
(C) The department may order a loan broker to refund or reimburse any advance fee or any other fee taken in violation of Section 34-36-20 or taken as a result of a false, misleading, or deceptive representation as described in Section 34-36-20. Such an order may, but need not, be sought by the department in conjunction with a cease and desist order pursuant to subsection (B).
(D) The department may impose and collect a civil administrative fine against any person found to have violated any provision of this chapter, any regulation promulgated by the department, or any written agreement entered into with the department, in any amount not to exceed five thousand dollars for each violation.
Section 34-36-50. (A) The department may make investigations and examinations upon reasonable suspicion within or outside of this State as it considers necessary to determine whether a person has violated or will violate any provision of this chapter or any regulation promulgated hereunder.
(B) The department may gather evidence regarding any broker if the department has reasonable suspicion the loan broker has violated or will violate any provision of this chapter or any regulation promulgated under it. The department may administer oaths, examine witnesses, and issue subpoenas.
(C) The department may issue subpoenas for witnesses whose evidence is deemed material to any investigation or examination commanding the witnesses to be or appear before the department at a time and place named and to bring those books, records, and documents as may be specified or to submit the books, records, and documents for inspection. The subpoenas may be served by an authorized representative of the department.
(D) In the event of substantial noncompliance with a subpoena or subpoena duces tecum issued by the department, the department may petition the circuit court of the county in which the person subpoenaed resides or has its principal place of business for an order requiring the person to appear and fully comply with the subpoena. The court may also grant injunctive relief restraining a violation of this chapter and may grant that other relief, including but not limited to, the restraint, by injunction or appointment of a receiver, of any transfer, pledge, assignment, or other disposition of the person's assets or any concealment, alteration, destruction, or other disposition of subpoenaed books, records, or documents, as the court deems appropriate until the person has fully complied with the subpoena or subpoena duces tecum and the department has completed its investigation or examination. Costs incurred by the department to obtain an order granting, in whole or in part, the petition for enforcement of a subpoena or subpoena duces tecum must be taxed against the subpoenaed person, and failure to comply with the order is a contempt of court.
(E) Witnesses are entitled to the same fees and mileage as they may be entitled by law for attending as witnesses in the circuit court, except where the examination or investigation is held at the place of business or residence of the witness.
(F) The material compiled by the department in an investigation or examination under this chapter is confidential until the investigation or examination is complete or final action by the department is otherwise taken. The investigation or examination is not deemed complete if the department has submitted the material or any part of it to any law enforcement agency or other regulatory agency for further investigation or for the filing of a criminal or civil prosecution and the investigation and prosecution have not been completed or become inactive. This confidentiality provision shall not prohibit:
(1) the disclosure of investigative material in investigations that are otherwise final if the material submitted to the other law enforcement agency is not directly related to loan brokering business; or
(2) the disclosure of such material as is public information after civil or criminal prosecution is filed.
(G) The department shall cooperate with and assist other state or federal agencies in enforcing applicable regulation of loan brokers to the extent such cooperation and assistance does not violate this chapter or the public policy of this State. The department may authorize such state or federal agencies to represent it for the purpose of administering oaths, examining witnesses, or issuing subpoenas under this chapter.
Section 34-36-60. (A) In addition to other remedies set forth in this chapter, whenever the department determines, from evidence satisfactory to it, that any person has engaged, is engaged, or is about to engage in an act or practice constituting a violation of this chapter or a regulation promulgated hereunder, the department may bring action in the name and on behalf of the State against the person and any other person concerned in that practice in violation of this chapter to enjoin the person or persons from continuing the violation. In the court proceedings, the department may apply for and on due showing is entitled to have issued, the court's subpoena requiring the appearance of any defendant and his employees or agents to testify or give evidence concerning the acts or conduct or things complained of in the application for injunction, and requiring the production of documents, books, and records that may appear necessary for the hearing of the petition.
(B) In addition to all other means provided by law for the enforcement of any temporary restraining order, temporary injunction, or permanent injunction issued in the court proceedings, the court shall have the power, upon application of the department, to impound and to appoint a receiver or administrator for the property, assets, and business of the defendant, including, but not limited to, the books, records, documents, and papers appertaining thereto. The receiver or administrator, when appointed and qualified, shall have all powers and duties as to custody, collection, administration, winding up, and liquidation of this property and business as is from time to time conferred upon him by the court. In the action, the court may issue orders and decrees staying all pending suits and enjoining any further suits affecting the receiver's or administrator's custody or possession of this property, assets, and business, or in its discretion may with the consent of the chief administrative judge of the circuit, require that all these suits be assigned to the circuit court judge appointing this receiver or administrator.
(C) In addition to any other remedies provided by this chapter, the department may apply to the court hearing this matter for an order of restitution whereby the defendants in the action must be ordered to make restitution of those sums shown by the department to have been obtained by them in violation of any of the provisions of this chapter. The restitution, at the option of the court, must be payable to the administrator or receiver appointed pursuant to this section or directly to the persons whose assets were obtained in violation of this chapter.
Section 34-36-70. Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five thousand dollars or by a term of imprisonment not exceeding one year, or both. Each violation of this chapter constitutes a separate offense.
Section 34-36-80. (A) A violation of this chapter shall constitute an unfair trade practice under Chapter 5, Title 39, and individual borrowers or prospective borrowers injured by violations of this chapter have an action for damages as set forth in Section 39-5-140.
(B) Any borrower injured by a violation of this chapter may bring an action against the surety bond or trust account, if any, of the loan broker.
(C) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct authorized by law.
Section 34-36-90. (A) The department is responsible for the administration and enforcement of this chapter.
(B) The department is authorized to promulgate those regulations necessary to implement and administer the provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
S. 1449 -- Senator Lourie: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND proposed the following amendment (BR1\2590.AC), which was adopted:
Amend the bill, as and if amended, Section 46-43-10(A), by inserting on page 1, line 33 /with the advice and consent of the Senate/ after /Governor/.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
The following Bills having been read the second time were passed and ordered to a third reading.
S. 1503 -- Senator Martschink: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.
S. 1450 -- Senator Holland: A BILL TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE" AND TO FURTHER PROVIDE FOR THE USE OF THESE FEES; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 17-2-160, RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator POPE proposed the following amendment (JUD1450.002), which was adopted:
Amend the bill, as and if amended, page 3, line 23, in Section 17-22-50, as contained in SECTION 3, by inserting /or judge, if application is made to the court pursuant to Section 17-22-100,/ after /solicitor/ .
Amend the bill further, as and if amended, page 3, line 36, in Section 17-22-100, as contained in SECTION 5, by inserting /or to the court/ after /program/ .
Amend the bill further, as and if amended, page 3, line 41, in Section 17-22-100, as contained in SECTION 5, by inserting /or the judge, if application is made directly to the court/ after /solicitor/ .
Amend title to conform.
Senator STILWELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1416 -- Senators Rose and Courson: A BILL TO AMEND SECTION 59-31-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO CONDEMN OR DISAPPROVE ANY SCHOOL TEXTBOOK CONTAINING ANY KNOWN FACTUAL OR GRAMMATICAL ERROR; TO AMEND SECTION 59-31-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS WITH PUBLISHERS AND DISTRIBUTORS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO PROVIDE THAT A CONTRACT MUST INCLUDE THE REQUIREMENT THAT ALL TEXTBOOKS RENTED OR PURCHASED BY THE STATE BE FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT THE PUBLISHER BE REQUIRED TO SIGN A CERTIFICATE OF ACCURACY GUARANTEEING THAT EACH TEXTBOOK IS FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT ANY PUBLISHER OR DISTRIBUTOR PROVIDING A TEXTBOOK CONTAINING A FACTUAL OR GRAMMATICAL ERROR BE ASSESSED A FINE OR LIQUIDATED DAMAGES OF ONE HUNDRED THOUSAND DOLLARS AND BE PROHIBITED FROM SELLING OR RENTING A TEXTBOOK TO THE STATE FOR A PERIOD OF TWO YEARS; TO AMEND SECTION 59-31-600 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR TEXTBOOK ADOPTION, SO AS TO PROVIDE THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE BE MADE UP OF AT LEAST EIGHTY PERCENT NON-EDUCATORS WITH EXPERTISE IN AREAS UNDER CONSIDERATION; THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE SHALL INCLUDE IN ITS RATING AND EVALUATION CRITERIA CONSIDERATIONS FOR ACCURACY OF FACTS AND GRAMMAR, SATISFACTION OF STATE MANDATES FOR GRADUATION CRITERIA, SUPPORT FOR THE FREE ENTERPRISE SYSTEM, DEMONSTRATION OF THE BENEFITS OF FREE ENTERPRISE IN THE UNITED STATES, COMMUNICATIONS THROUGH TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS OF THE BENEFITS OF REPRESENTATIVE DEMOCRACY, INDIVIDUAL LIBERTY, PERSONAL RESPONSIBILITY, ECONOMIC AND POLITICAL FREEDOM, AND OTHER TRADITIONAL VALUES AND PRINCIPALS OF WESTERN CIVILIZATION AND AMERICAN SOCIETY ESPOUSED IN THE UNITED STATES DECLARATION OF INDEPENDENCE AND EMBODIED IN THE UNITED STATES CONSTITUTION, AND GIVE THE HIGHEST WEIGHT IN CHOOSING BOOKS TO THE ACCURACY OF FACTS PRESENTED IN THE MATERIALS; THAT THE CURRICULUM STAFF AT THE DEPARTMENT OF EDUCATION SHALL BE RESPONSIBLE FOR MONITORING THE WORK OF THE TEXTBOOK EVALUATING AND RATING COMMITTEE TO ENSURE THAT HIGH QUALITY ACCURATE TEXTBOOKS ARE RECOMMENDED; THAT EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION WHO ARE CHARGED WITH OVERSEEING THE TEXTBOOK SELECTION PROCESS HOLD CURRENT TEACHER CERTIFICATES IN AREAS UNDER THEIR JURISDICTION; TO PROHIBIT PERSONS FROM SERVING ON THE TEXTBOOK SELECTION OR REVIEW COMMITTEE IF SUCH PERSON IS RECEIVING COMPENSATION FROM, EITHER DIRECTLY OR INDIRECTLY, OR IS A CURRENT EMPLOYEE, OR HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING OR DISTRIBUTION COMPANY WITHIN THE PAST FIVE YEARS; TO REQUIRE THAT ANY STAFF MEMBER AT THE STATE DEPARTMENT OF EDUCATION WHO HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING COMPANY WITHIN THE PAST FIVE YEARS RECUSE HIMSELF FROM THE SELECTION PROCESS OF BOOKS; TO PROHIBIT ACCEPTANCE OR SOLICITATION BY ANY STATE EMPLOYEE, OR OFFERING OR PROVIDING TO A STATE EMPLOYEE, ANYTHING OF VALUE BY A PUBLISHER OR SUPPLIER OF SCHOOL TEXTBOOKS OR INSTRUCTIONAL MATERIALS; AND TO AMEND CHAPTER 31, TITLE 59 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 59-31-700, SO AS TO PROVIDE THAT PROPOSED TEXTBOOKS BE PLACED ON PUBLIC DISPLAY FOR A PERIOD OF SIXTY DAYS IN EACH OF THE NINETY-ONE SCHOOL DISTRICT OFFICES WITH NOTICE TO THE PUBLIC IN PAID ADVERTISEMENT IN LOCAL NEWSPAPERS PRIOR TO ANY FINAL ADOPTION BY THE STATE BOARD OF EDUCATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The amendment proposed by the Committee on Education (EDU1416.1) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
SECTION 1. This act may be cited as the "Textbook Excellence Act".
SECTION 2. Section 59-31-40 of the 1976 Code is amended to read:
"Section 59-31-40. The meetings of the State Board of Education in any year at which an adoption is made shall be public. New textbooks adopted by the State Board of Education in any year shall not be used in the free public schools in this State until the next school session begins. The State Board of Education shall not approve for adoption any textbook or other instructional material which contains any clear, substantial error."
SECTION 3. Section 59-31-510 of the 1976 Code is amended to read:
"Section 59-31-510. The State Board of Education may negotiate and execute contracts with the publishers of schoolbooks publishers and vendors of school textbooks whereby the State will rent from the publishers or buy outright the books to be used in the public schools, with discretion in the State Board of Education to make rental contracts or purchase contracts as it may be to the best advantage of the State. Any contract made with a publisher of textbooks may be made so as to divide the payment to the publisher for rental or purchase over a period of three years, but nothing herein shall be construed to prevent the State Board of Education from purchasing or renting additional books as the necessity shall or may arise. If the State Board of Education should decide to purchase outright the books to be used in the schools of this State, they shall be purchased at the lowest possible prices and, so far as existing contracts for State-adopted state-adopted books will permit, pursuant to competitive bidding.
Each contract between the State Board of Education and any publisher or vendor of any school textbook or other instructional material shall require that all textbooks or other instructional material rented or purchased by the State be free of any clear, substantial factual or grammatical error and that the State Board of Education will require reasonable remedies if an error is found."
SECTION 4. Section 59-31-600 of the 1976 Code is amended to read:
"Section 59-31-600. When the State Board of Education determines that a textbook or instructional material adoptions are is needed in a specific field, the board shall direct evaluating and rating committees to assess the textbooks or instructional material for the presentation of instructional materials which development of higher order thinking skills and problem solving. Each evaluating and rating committee shall be made up of at least one layperson and a majority of its membership must have expertise in the areas under consideration. In addition to monitoring the accuracy of facts and grammar, the committee shall include in its rating and evaluating criteria, where applicable, satisfaction of state mandates for graduation criteria, and support for the benefits of the American economic and political system. The results of each evaluating and rating committee's assessment must be included in its written report to the State Board of Education. Where otherwise satisfactory, the evaluating and rating committee shall recommend and the State Board of Education shall adopt textbooks and other instructional materials which develop higher order thinking skills."
SECTION 5. Chapter 31, Title 59 of the 1976 Code is amended by adding:
"Section 59-31-700. Before final adoption, the state board shall make all textbook and instructional material available for public inspection for not less than 30 days at display centers geographically dispersed throughout the State as designated by the State Superintendent of Education.
The state board shall hold a public hearing before adopting any textbook or instructional material for use in the schools of this State."
SECTION 6. This act takes effect upon approval by the Governor.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
S. 1385 -- Senators McConnell, Giese, Hinson, Rose and Mullinax: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS PAID, THE PLATE MAY BE RENEWED BY A STICKER FOR THE ANNUAL RENEWAL FEE CHARGED FOR A REGULAR PLATE.
On motion of Senator MULLINAX, with unanimous consent, Senator MULLINAX was granted leave to be added as a co-sponsor to S. 1385.
H. 4405 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.
Senator LOURIE explained the Bill.
S. 1505 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1506 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 1487, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1507 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator GIESE explained the Joint Resolution.
S. 1508 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-77-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT", AND 23-41-20, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ARSON REPORTING-IMMUNITY ACT, SO AS TO PROVIDE THAT "AUTHORIZED AGENCY", OR "AUTHORIZED AGENCIES", INCLUDES THE UNITED STATES DEPARTMENT OF JUSTICE AND ITS FEDERAL BUREAU OF INVESTIGATION.
On motion of Senator SALEEBY, with unanimous consent, S. 1508 was ordered to receive a third reading on Wednesday, April 29, 1992.
S. 1509 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 32-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATORY AUTHORITY OF THE STATE BOARD OF FINANCIAL INSTITUTIONS WITH RESPECT TO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE THAT THE LICENSE WHICH MUST BE OBTAINED FROM THE BOARD BY PERSONS HOLDING OR ACCEPTING PRENEED BURIAL CONTRACTS MUST BE RENEWED ANNUALLY FOR A FEE IN AN AMOUNT ESTABLISHED BY THE BOARD TO DEFRAY ITS EXPENSES IN ADMINISTERING ITS REGULATORY AUTHORITY WITH RESPECT TO PRENEED BURIAL CONTRACTS.
On motion of Senator SALEEBY, with unanimous consent, S. 1509 was ordered to receive a third reading on Wednesday, April 29, 1992.
H. 4105 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.
S. 1101 -- Senators McConnell and Hinson: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading.
S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The amendment proposed by the Committee on Agriculture and Natural Resources (AGR142.1) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 47-13-160. (A) No pet dealer, pet shop owner, or pet breeder may sell a registered companion dog or cat without providing the buyer with a statement from a licensed veterinarian that the animal has been examined within fourteen days prior to the sale and is apparently free of infectious disease and physical abnormality.
(B) If a dealer, owner, or breeder fails to comply with the provisions of this section, the buyer may return the animal and receive a refund of the purchase price for the pet within fourteen days of the sale.
(C) If the seller refuses to refund the buyer's payment pursuant to subsection (B), the buyer may institute an action in his name to recover damages. The court, upon a finding that the seller violated the provisions of this section, shall award the buyer the price paid for the pet in addition to any incurred veterinarian expenses associated with the pet, attorney's fees as determined by the court, and costs.
(D) As used in this section:
(1) `pet dealer' or `pet breeder' means any person which, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or cats per year, whichever is greater, for profit, to the public.
(2) `pet shop' means an establishment where registered companion animals are bought, sold, exchanged, or offered for sale or exchange to the public.
The provisions of this section do not apply to (1) animal control agencies operated by counties or municipalities and (2) registered non-profit humane organizations."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator THOMAS proposed the following amendment (AGR142.2), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting therein the following:
/SECTION 1. Section 47-13-160. (A) No pet dealer, pet shop, or pet breeder shall sell a registered companion dog or cat without providing to the purchaser a statement certifying that the dog or cat has received an infectious disease inoculation suitable for the specific animal's age and species (1) within the previous fourteen days, for an animal under six months of age or (2) within the previous ninety days for an animal six months of age or older. Proof of vaccination must be provided to the purchaser at the time of sale. The purchaser must also be provided with a copy of the `ELECTIONS OF OPTIONS' as contained in subsection (B).
(B) If at any time within fourteen days following the sale and delivery of a registered companion dog or cat to a purchaser, a licensed veterinarian certifies such animal to be unfit for purchase due to a non-congenital cause or condition or within six months certifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a purchaser shall have the right to elect one of the following options:
1. The right to return the animal and receive a refund of the purchase price, including sales tax, plus reimbursement of the veterinary fees incurred prior to the purchaser's receipt of the veterinary certification. The seller's liability for veterinary fees under this option shall not exceed a dollar amount equal to the purchase price, including sales tax, of the animal;
2. The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the purchaser's receipt of the veterinary certification plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal. The seller's liability under this option shall not exceed a dollar amount equal to the purchase price, including sales tax, of the animal.
3. The right to return the animal and to receive in exchange an animal of the purchaser's choice, of equivalent value, plus reimbursement of veterinary fees incurred prior to the consumer's receipt of the veterinary certification. The seller's liability for veterinary fees under this option shall not exceed a dollar amount equal to the purchase price, including sales tax, of the animal;
4. In the event of the animal's death within 14 days of its delivery to the consumer, except where death occurs by accident or injury sustained during that period, the right to receive a full refund of the purchase price plus sales tax for the animal, or in exchange an animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees incurred prior to the death of the animal. The seller's liability for veterinary fees under this option shall not exceed a dollar amount equal to the purchase price, including sales tax, of the animal.
The seller shall accept receipt of a veterinary certification of unfitness which has been delivered by the consumer within five days following the consumer's receipt thereof, such certification to contain the following information:
1. the name of the owner;
2. the date or dates of examination;
3. the breed, color, sex, and age of the animal;
4. a statement of the veterinarian's findings;
5. a statement that the veterinarian certifies the animal to be unfit for purchase;
6. an itemized statement of veterinary fees incurred as of the date of the certification;
7. where the animal is curable, the estimated fee to cure the animal;
8. where the animal has died, a statement setting forth the probable cause of death; and
9. the name and address of the certifying veterinarian and the date of the certification.
When a purchaser presents a veterinary certification of unfitness to the seller, the seller must confirm the purchaser's election in writing. The election shall be in the following form and a copy must be given to the purchaser upon signing:
UNFITNESS OF ANIMAL--ELECTION OF OPTION
I understand that, upon delivery of my veterinarian's certification of unfitness, I have the right to elect one of the following options. I am aware of those options and I understand each of them. I have chosen the following option:
___ 1. Return of my animal and receipt of a refund of the purchase price, including sales tax for the animal, plus reimbursement of the veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness. The reimbursement for veterinarians shall not exceed a dollar amount equal to the purchase price, including sales tax of my animal.
___ 2. Retention of my animal and reimbursement for the veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness, plus the future cost to be incurred in curing or attempting to cure my animal. The total reimbursement for veterinarian's fees shall not exceed a dollar amount equal to the purchase price, including sales tax for my animal.
___ 3. Return of my animal and receipt of an animal of my choice of equivalent value in exchange plus reimbursement of veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness. The reimbursement for veterinarian's fees shall not exceed a dollar amount equal to the purchase price, including sales tax of my animal.
___ 4. DEATH OF ANIMAL ONLY. Receipt of a full refund of the purchase price, including sales tax for the animal, or in exchange an animal of my choice of equivalent value plus reimbursement of the veterinary fees incurred prior to the death of the animal. The reimbursement for veterinarian's fees shall not exceed a dollar amount equal to the purchase price, including sales tax of my animal./
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4262 -- Rep. J. Bailey: A BILL TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF FOUR PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (JIC\6507.HC) was adopted as follows:
Amend the bill, as and if amended, Section 4-9-195(A)(1), as contained in Section 1, page 1, by inserting before /rehabilitated/ on line 33 /owner-occupied/.
Amend further, Section 4-9-195(A)(2), page 1, by inserting before /low/ on line 41 /income-producing rehabilitated historic property and for/.
Renumber sections to conform.
Amend totals and title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3787 -- Reps. J. Bailey, Barber, Fulmer, Hallman, Holt, Rama, Gonzales, R. Young, Whipper and D. Martin: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.
Senator FIELDING asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment.
Senator FIELDING proposed the following amendment (RES3787.004), which was adopted:
Amend the bill, as and if amended, Page 2, beginning on Line 24, by deleting SECTION 2 in its entirety.
Renumber to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator FIELDING, H. 3787 was ordered to receive a third reading on Wednesday, April 29, 1992.
Senator NELL W. SMITH rose to a Point of Personal Privilege.
Senator THOMAS rose to a Point of Personal Privilege.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.
Senator WILLIAMS objected.
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
On motion of Senator McCONNELL, the Bill was carried over.
S. 931 -- Senator Martschink: A BILL TO AMEND SECTION 59-111-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR THE PURPOSES OF FREE TUITION AT A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR VOCATIONAL OR TECHNICAL SCHOOL, SO AS TO INCLUDE A PERSON PERFORMING LAW ENFORCEMENT DUTIES AT THE REQUEST OF AND UNDER THE SUPERVISION OF A FEDERAL AGENCY.
On motion of Senator THOMAS, the Bill was carried over.
H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.
Senator GIESE explained the Bill.
On motion of Senator HOLLAND, the Bill was carried over.
S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE PROHIBITION ON INCREASING AN INSURED'S REINSURANCE FACILITY RECOUPMENT CHARGE IF HE IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, SO AS TO PROVIDE ADDITIONALLY THAT THE RECOUPMENT CHARGE MAY NOT BE INCREASED UNLESS THE INSURED IS GUILTY OF A MOVING TRAFFIC VIOLATION WHICH MANDATES THE ASSESSMENT OF POINTS.
On motion of Senator SHEALY, the Bill was carried over.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:
(R369) S. 808 -- Senator Wilson: AN ACT 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.
(R370) S. 1255 -- Senators Macaulay, Peeler and Giese: AN ACT TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.
(R371) S. 1291 -- Senator Pope: AN ACT 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 ACCIDENTAL FIRE, NATURAL DISASTER, OR ACT OF GOD.
(R372) S. 1366 -- Banking and Insurance Committee: AN ACT 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; TO AMEND SECTION 38-61-20, RELATING TO THE APPROVAL OF INSURANCE POLICIES, CONTRACTS, AND CERTIFICATES BY THE INSURANCE COMMISSIONER, SO AS TO REVISE THE EXEMPTION FOR THE APPROVAL REQUIREMENT, AND TO REPEAL SECTION 38-77-930, RELATING TO RULES BY AFFILIATED AUTOMOBILE INSURERS REGARDING RISKS.
(R373) S. 610 -- Senators Rose, McGill, Reese and Thomas: AN ACT TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO REVISE THE DISTRIBUTION OF PROCEEDS AND THE ESTABLISHMENT OF SEPARATE ACCOUNTS, TO REQUIRE AUDITS OF THE ACCOUNTS, AND TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
(R374) S. 220 -- Senator Mullinax: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A HOUSEBOAT HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE TANK REQUIREMENTS AND PENALTIES; AND TO DIRECT THE SOUTH CAROLINA GOVERNOR'S OFFICE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO WORK WITH THE GOVERNOR'S OFFICE OF GEORGIA AND THE APPROPRIATE NATURAL RESOURCE AGENCY IN THAT STATE TO PETITION THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO DESIGNATE LAKE HARTWELL AS A NO DISCHARGE ZONE AND PROVIDE FOR SOUTH CAROLINA TO PETITION ON ITS OWN IF GEORGIA DOES NOT JOIN THE PETITION.
(R375) S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: AN ACT TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
(R376) S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
(R377) S. 660 -- Senator Waddell: AN ACT TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE, TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS, AND TO ALLOW PERSONS RETIRING BEFORE JULY 1, 1990, WHO RETIRED UNDER THE OPTION ADVANCING SOCIAL SECURITY PAYMENTS TO ELECT TO MAKE A LUMP SUM PAYMENT TO ELIMINATE BENEFIT REDUCTIONS ATTRIBUTABLE TO COST-OF-LIVING AND SPECIAL BENEFIT INCREASES AND PROVIDE THAT THE BENEFIT OF A RETIREE ELECTING NOT TO MAKE THE PAYMENT MUST BE ADJUSTED AFTER THE EXCESS OF THE COST-OF-LIVING AND SPECIAL INCREASES OVER INCREASES THE RETIREE WOULD HAVE RECEIVED UNDER ANOTHER OPTION IS RECOVERED; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
(R378) S. 261 -- Senator Fielding: AN ACT TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
(R379) S. 414 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-4-335 SO AS TO DEFINE ADMINISTRATIVE TAX PROCESS, TO PROVIDE WHO MAY LAWFULLY REPRESENT GOVERNMENTAL TAXING ENTITIES AND TAXPAYERS IN THE ADMINISTRATIVE TAX PROCESS, AND TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO SUSPEND OR DISBAR A REPRESENTATIVE FOUND TO BE INCOMPETENT, DISREPUTABLE, OR WHO FAILS TO COMPLY WITH APPLICABLE DUTIES AND RESTRICTIONS.
(R380) S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: AN ACT 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 TO PROVIDE FOR A PRELIMINARY HEARING AND PROCEDURES FOR REINSTATEMENT OF THE LICENSE.
(R381) S. 383 -- Senator Moore: AN ACT TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT WHEN A DISTRICT ELECTS ITS BOARD MEMBERS, THEY MUST BE ELECTED IN THE NOVEMBER GENERAL ELECTIONS IN EVEN NUMBERED YEARS, TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO EXTEND TERMS FOR NECESSARY PERIODS TO IMPLEMENT THE ELECTION DATE CHANGE; TO DELETE THE AUTHORITY OF THE GOVERNING BODY OF THE COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR MEMBERS OF GOVERNING BODIES OF SPECIAL PURPOSE DISTRICTS WITHIN THE COUNTY, AND AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
(R382) S. 1236 -- Senator Lourie: AN ACT 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.
(R383) 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.
(R384) 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.
(R385) H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.
(R386) H. 3873 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
(R387) H. 4242 -- Reps. Gonzales, Hallman, Fulmer, Rama, R. Young, Whipper, Wofford, Holt, Inabinett, G. Bailey, J. Bailey, A. Young, D. Martin and Barber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-137 SO AS TO ESTABLISH NO WAKE ZONES ON THE ASHLEY RIVER.
(R388) H. 3747 -- Rep. Cole: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS WHERE THE FLOOR LEVEL IS MORE THAN TEN FEET ABOVE SURFACE LEVEL IN OR AROUND FRESHWATER OR MORE THAN FIVE FEET ABOVE THE MEAN HIGH WATER IN OR AROUND SALTWATER, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.
(R389) H. 4391 -- Rep. Felder: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT TO CHARGE FEES FOR SUPPLEMENTARY INSTRUCTIONAL MATERIALS; TO REVISE THE PER DIEM AND MILEAGE THAT MEMBERS OF THE BOARD OF TRUSTEES SHALL RECEIVE; TO ABOLISH THE CALHOUN COUNTY BOARD OF EDUCATION ON THE EFFECTIVE DATE OF THIS ACT, AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS TO SPECIFIED ENTITIES; TO ABOLISH THE OFFICE OF CALHOUN COUNTY SUPERINTENDENT OF EDUCATION UPON THE EXPIRATION OF THE CURRENT TERM OF THE INCUMBENT SUPERINTENDENT OF EDUCATION, AND DEVOLVE THE FUNCTIONS, DUTIES, AND POWERS OF THIS OFFICE UPON THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT; AND TO REPEAL SECTION 1 OF ACT 743 OF 1976, RELATING TO THE CALHOUN COUNTY BOARD OF EDUCATION.
(R390) H. 4418 -- Reps. McAbee and Carnell: AN ACT TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.
(R391) H. 4637 -- Rep. Tucker: AN ACT 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.
(R392) H. 3874 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS, SO AS TO ESTABLISH AS A RESTRICTED AREA THE AREA WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF HUNTING ISLAND AND FRIPP ISLAND RATHER THAN HUNTING ISLAND ONLY; TO AMEND SECTION 50-17-1020, RELATING TO THE USE OF TRAWL NETS IN CERTAIN WATERS ADJACENT TO GAME ZONES 7 AND 9, VIOLATIONS AND PENALTIES, AND SEIZURE AND DISPOSITION OF BOAT AND CATCH, SO AS TO DELETE PROVISIONS MAKING A VIOLATION OF THIS SECTION A MISDEMEANOR, PROVISIONS RELATING TO PENALTIES, PROVISIONS RELATING TO SEIZURE OF ANY BOAT USED IN THE VIOLATION OF THIS SECTION, INCLUDING THE BOAT'S RIGGING, EQUIPMENT, AND CATCH, AND PROVISIONS RELATING TO SELLING THE CATCH, STATUS OF THE PROCEEDS OF THAT SALE, AND SALE OR REDEMPTION OF THE BOAT, RIGGING, AND EQUIPMENT; TO AMEND SECTION 50-17-1030, RELATING TO PENALTIES FOR TRAWLING IN RESTRICTED AREAS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND PROVIDE THAT THE CAPTAIN OF A BOAT FOUND TRAWLING IN THE AREAS DEFINED IN SECTION 50-17-1010, 50-17-1020, OR 50-17-1040 DURING THE SPECIFIED RESTRICTED PERIOD IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, FOR A FIRST OFFENSE MUST BE FINED TWO HUNDRED DOLLARS OR IMPRISONED NOT MORE THAN THIRTY DAYS, AND PROVIDE THAT UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE THE CAPTAIN MUST BE FINED TWO HUNDRED DOLLARS AND HIS LICENSE AND THE LICENSE OF THE BOAT MUST BE SUSPENDED FOR THIRTY DAYS; AND TO REPEAL SECTION 50-17-625, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND, HILTON HEAD ISLAND, AND FRIPP ISLAND AND THE PENALTIES THEREFOR.
(R393) H. 4351 -- Rep. Snow: AN ACT TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.
(R394) H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES BEFORE JULY 1, 1992, FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.
(R395) H. 4436 -- Reps. Baxley and Beasley: AN ACT TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REDUCE THE NUMBER OF SCHOOL BOARD MEMBERS FROM TWELVE TO EIGHT, PROVIDE THAT THE SINGLE-MEMBER ELECTION DISTRICTS FOR THE PURPOSE OF ELECTING THE MEMBERS OF THE BOARD OF EDUCATION OF DARLINGTON COUNTY ARE THE SAME AS PROVIDED BY LAW FOR THE MEMBERS OF THE DARLINGTON COUNTY COUNCIL, MAKE CHANGES TO THE LAW GOVERNING BOARD OF EDUCATION MEMBERS AND THE METHOD OF THEIR SELECTION, INCLUDING, AMONG OTHER THINGS, THE DATE OF THE COMMENCEMENT OF TERMS OF OFFICE, PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT BOARD OF EDUCATION MEMBERS, PROVIDE THAT CERTAIN PROVISIONS OF THIS ACT SHALL NOT BECOME EFFECTIVE OR IMPLEMENTED UNTIL THE QUALIFIED ELECTORS OF DARLINGTON COUNTY HAVE APPROVED THE REDUCTION IN THE NUMBER OF MEMBERS OF THE BOARD FROM TWELVE TO EIGHT, PROVIDE FOR A REFERENDUM FOR THIS PURPOSE, AND PROVIDE THAT CERTAIN PROVISIONS OF THIS ACT TAKE EFFECT UPON APPROVAL BY THE GOVERNOR.
(R396) H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: AN ACT TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.
(R397) H. 4537 -- Reps. McAbee, Kinon and McGinnis: AN ACT TO AMEND CHAPTER 130 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLEGE 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".
(R398) H. 4296 -- Rep. Rama: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-515 SO AS TO SET THE SPEED LIMIT FOR SCHOOL BUSES AND TO PROVIDE EXCEPTIONS.
(R399) H. 3805 -- Rep. Quinn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH THE "SOLICITATION OF CHARITABLE FUNDS ACT" HAS AN INSURABLE INTEREST IN THE LIFE OF AN INSURED UNDER A POLICY IN WHICH THE CHARITY OR CORPORATION IS IRREVOCABLY NAMED AS A BENEFICIARY AS LONG AS THE APPLICATION IS SIGNED BY THE INSURED, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT LIMIT OR ABRIDGE ANY INSURABLE INTEREST OR RIGHT TO INSURE NOW EXISTING AT COMMON LAW OR BY STATUTE, SHALL BE CONSTRUED LIBERALLY TO SUSTAIN INSURABLE INTEREST, AND SHALL STAND AS A DECLARATION OF EXISTING LAW APPLICABLE TO ALL LIFE INSURANCE POLICIES IN EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(R400) H. 3981 -- Rep. J. Harris: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.
(R401) H. 4712 -- Reps. Ross and T.C. Alexander: AN ACT 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.
(R402) H. 3875 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION; AND TO AMEND SECTION 50-17-610, RELATING TO THE LAWFUL AREA TO TRAWL FOR SHRIMP OR PRAWN MAY FIFTEENTH TO DECEMBER THIRTY-FIRST, SO AS TO REVISE THE BOUNDARIES OF THE AREA.
(R403) H. 4226 -- Rep. Koon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT AN ANIMAL DELIVERED TO A VETERINARIAN, A DOG KENNEL, A CAT KENNEL, AN ANIMAL HOSPITAL, ANOTHER ANIMAL CARE FACILITY, OR A PERSON WHO BOARDS DOMESTIC ANIMALS ON HIS PREMISES FOR A FEE MAY BE TRANSFERRED TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER FAILED TO PICK UP THE ANIMAL AS AGREED TO PURSUANT TO A WRITTEN CONTRACT OR AGREEMENT UPON CERTAIN CONDITIONS.
(R404) H. 4125 -- Reps. Wilkins and Harwell: AN ACT TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT ON THE COURT OF APPEALS OR THE SUPREME COURT, AND TO PROVIDE THAT EXCEPT AS PROVIDED ABOVE, PRIOR TO ANY PERSON BEING APPOINTED OR ELECTED TO SERVE AS A JUSTICE OF THE SUPREME COURT OR AS A JUDGE OF THE COURT OF APPEALS OR THE CIRCUIT COURT, THAT PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE; AND TO AMEND SECTION 14-1-216, RELATING TO THE PROHIBITION AGAINST ACTIVE FAMILY COURT JUDGES BEING ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT, SO AS TO PROVIDE THAT THE CHIEF JUSTICE MAY APPOINT AN ACTIVE FAMILY COURT JUDGE AS A SPECIAL CIRCUIT COURT JUDGE TO PERFORM CERTAIN FUNCTIONS.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator WILLIAMS was recognized.
Senator WILLIAMS moved that the Bill be continued.
The Bill was continued.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (N05\7609.AL), previously proposed by Senators LAND, SHEALY and MARTSCHINK.
Senators LAND, SHEALY and MARTSCHINK proposed the following Amendment No. 1 (N05\7609.AL), which was not adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 12-21-2723. (A) No person may maintain or permit to be used on a single place or premises more than nine machines licensed under Section 12-21-2720(3).
(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(3).
(C) No person under twenty-one years of age may play the machines licensed under Section 12-21-2720(3).
(D) No owner, operator, or marketer may be issued a permit by the South Carolina Tax Commission for machines pursuant to Section 12-21-2720(3) unless the owner, operator, or marketer has been a resident of South Carolina for two years. The commission shall require a statement of residency to be filed with the commission as part of the application process for permits issued under Section 12-21-2720(3) on forms and in a manner the commission considers appropriate.
(E) A person violating subsections (A), (B), or (D) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission. The commission, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."
SECTION 2. The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:
"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."
SECTION 3. Section 12-21-2726 of the 1976 Code is amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:
(1) the type of machine;
(2) the number of machines; and
(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes. For inspection purposes, the license must be displayed conspicuously at the location where the machine is operated."
SECTION 4. Section 12-21-2738 of the 1976 Code is amended to read:
"Section 12-21-2738. Any (A) A person who may not:
(1) fail, neglect, or refuse to comply with the terms and provisions of this article; or who
(2) fails fail to attach the required license to any a machine, an apparatus, a billiard, or a pocket billiard table, as herein required,; or
(3) fail to display conspicuously the required license where a machine is being operated.
(B) A person who violates subsection (A) is subject to a penalty of fifty five hundred dollars for each failure, and the penalty must be assessed and collected by the commission.
(C) For purposes of the violation established pursuant to in item (3) of this section subsection (A), each machine by type in excess of the appropriate license displayed constitutes a separate violation.
(D) In addition to the penalty in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period, and the full annual license amount must be collected."
SECTION 5. This act is effective upon approval by the Governor, except Sections 3 and 4 are effective for licenses issued after May 31, 1992, and except the statement of residency required in Section 12-21-2723(D) of the 1976 Code in Section 1 applies to licenses issued after 1991. The South Carolina Tax Commission shall investigate and determine whether the residency requirement has been met for licenses issued in 1991./
Amend title to conform.
Senator MOORE made a Parliamentary Inquiry as to what was the pending question before the Senate.
The PRESIDENT stated that the pending question before the Senate was the adoption of Amendment No. 1 (N05\7609.AL), previously proposed by Senators LAND, SHEALY and MARTSCHINK, and printed in the Journal of May 22, 1991.
Senator McCONNELL made a Parliamentary Inquiry as to whether the pending question should be concurrence in the House amendments inasmuch as the Journal reflected that Senator PASSAILAIGUE was speaking on the Bill when the Senate adjourned on Thursday, April 23, 1992.
Senator MOORE raised a Point of Order that both the Calendar and Journal reflect that the pending question before the Senate was the adoption of Amendment No. 1, notwithstanding the fact that Senator PASSAILAIGUE was indicated as speaking on the Bill.
Senator LEATHERMAN spoke on the Point of Order.
Senator MOORE spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator PASSAILAIGUE raised a Point of Order that the Point of Order raised by Senator MOORE came too late.
Senator MOORE spoke on the Point of Order raised by Senator PASSAILAIGUE.
The PRESIDENT stated that when the Bill had been taken up on return from the House with amendments, Senator HINSON gained the floor on the question of the adoption of Amendment No.1 and retained the floor when the Bill was committed to the Committee on Finance, retaining its place on the Calendar. When the Senate took up the Bill for consideration upon being returned from the Committee on Finance, Senator HINSON moved to carry over the Bill, losing the floor. The PRESIDENT stated further that had no one retained the floor when the Bill was committed, there would be a valid question as to the status of the previously proposed amendment. Senator HINSON, however, having retained the floor, the status of the amendment was preserved and, therefore, the pending question before the Senate was the adoption of Amendment No. 1.
On motion of Senator DRUMMOND, the amendment was published.
Senator PASSAILAIGUE spoke on the Bill.
At 12:00 P.M., Senator MITCHELL assumed the Chair.
Senator PASSAILAIGUE continued speaking on the Bill.
At 12:16 P.M., Senator MOORE moved under Rule 15A to set a time certain of 12:30 P.M. to vote on Amendment No. 1.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Drummond
Hayes, R.W. Helmly Hinson
Holland Lourie Martin
Martschink McGill Mitchell
Moore O'Dell Patterson
Peeler Reese Russell
Saleeby Shealy Smith, J.V.
Stilwell Thomas Williams
Cork Courson Gilbert
Leventis Macaulay McConnell
Passailaigue Rose Smith, N.W.
Wilson
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator PASSAILAIGUE continued speaking on the Bill.
At 12:35 P.M., Senator SETZLER requested and was granted a leave of absence beginning at 4:00 P.M. today until 9:00 A.M. Wednesday, April 29, 1992.
At 12:37 P.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE spoke on the Bill.
At 12:40 P.M., Senator MOORE moved under Rule 15A to set a time certain of 1:00 P.M. to vote on Amendment No. 1.
Senator LEVENTIS made a Parliamentary Inquiry as to whether the motion made under Rule 15A, setting a time certain of 1:00 P.M., would be a double-barrelled motion.
Senator LEVENTIS raised a Point of Order that the motion made under Rule 15A, setting a time certain of 1:00 P.M., was out of order inasmuch as it was a double-barrelled motion.
Senator MOORE spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
Senator GILBERT spoke on the Point of Order.
The PRESIDENT stated that the provisions of Rule 15A, even if the motion were double-barrelled, provided for noting a specific time for voting when making the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Giese
Helmly Holland Lourie
Martin Martschink McGill
Mitchell Moore Mullinax
O'Dell Patterson Peeler
Reese Russell Saleeby
Setzler Shealy Smith, J.V.
Stilwell Thomas Washington
Williams
Cork Courson Gilbert
Leventis Macaulay McConnell
Passailaigue Rose Smith, N.W.
Wilson
At 12:48 P.M., the Senate set 1:00 P.M. as the time certain to vote on Amendment No. 1.
Senator PASSAILAIGUE spoke in favor of the adoption of the amendment.
Senator THOMAS made a Parliamentary Inquiry as to whether or not the amendment was a strike and insert amendment.
The PRESIDENT stated that the amendment was a strike and insert amendment.
Senator MACAULAY argued contra to the adoption of Amendment No. 1.
By previous action of the Senate, the time certain had arrived to vote on Amendment No. 1.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Carmichael Cork Courtney
Gilbert Helmly Leventis
Lourie Martin Martschink
McConnell Mitchell Passailaigue
Peeler Rose Saleeby
Setzler Shealy Smith, N.W.
Williams
Bryan Courson Drummond
Fielding Giese Hayes, R.W.
Hinson Leatherman Macaulay
McGill Moore Mullinax
O'Dell Patterson Reese
Russell Smith, J.V. Stilwell
Thomas Wilson
The amendment was not adopted.
Senator MARTIN moved to carry over the Bill.
Senator McCONNELL moved to continue the Bill.
Senator ROBERT W. HAYES, JR. was recognized.
Senator WILLIAMS raised a Point of Order that the motion to continue was a nondebateable motion.
The PRESIDENT sustained the Point of Order.
Senator ROBERT W. HAYES, JR. made a Parliamentary Inquiry as to whether or not the motion to continue was subject to a tabling motion.
The PRESIDENT stated that the motion to table was not a higher motion than the motion to continue and, therefore, it was not subject to a tabling motion.
The question then was the motion to continue the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Carmichael Cork Fielding
Gilbert Leventis Lourie
Martschink McConnell Passailaigue
Patterson Peeler Saleeby
Shealy Williams
Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Hinson Leatherman
Macaulay Martin McGill
Mitchell Moore Mullinax
O'Dell Reese Rose
Russell Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Wilson
The Senate refused to continue the Bill.
The question then was the motion to carry over the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Giese
Helmly Hinson Lourie
Martin Martschink McGill
Moore Mullinax O'Dell
Patterson Peeler Reese
Saleeby Setzler Shealy
Smith, J.V. Stilwell Washington
Williams
Cork Courson Gilbert
Hayes, R.W. Leatherman Leventis
Macaulay McConnell Mitchell
Passailaigue Rose Russell
Smith, N.W. Thomas Wilson
The Bill was carried over.
S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD1077.002), previously proposed by Senator STILWELL and printed in the Journal of April 14, 1992.
Senator WASHINGTON moved that the Bill be carried over.
The Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator SHEALY moved to carry over the Joint Resolution.
Senator McCONNELL moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Gilbert
Hayes, R.W. Hinds Leatherman
Leventis Macaulay McConnell
Passailaigue Rose Smith, N.W.
Wilson
Bryan Carmichael Courtney
Drummond Fielding Giese
Helmly Hinson Lourie
Martin Martschink McGill
Mitchell Moore Mullinax
O'Dell Patterson Peeler
Reese Russell Saleeby
Setzler Shealy Smith, J.V.
Stilwell Thomas Washington
Williams
The Senate refused to adjourn.
The question then was the motion to carry over the Joint Resolution.
The Joint Resolution, H. 3127, was carried over.
S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 1 (RES1327.30), which was adopted:
Amend the bill, as and if amended, page 3, by deleting lines 40 through 42, and inserting in lieu thereof:
/facility beyond January 1, 1993, must be specifically authorized by the General Assembly is subject to the conditions provided int his section. Within one year prior/.
Amend title to conform.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 2 (RES1327.33), which was tabled:
Amend the bill, as and if amended, SECTION 4, page 3, line 35, by deleting the phrase /January 1, 1996,/ and inserting in lieu thereof:
/June 30, 1993,/.
Amend the bill further, as and if amended, by adding the following after line 10, page 4:
/Upon approval of this act by the Governor, the State Election Commission shall present the following question on the ballot in the November 1992 general election:
"Shall the low-level radioactive waste disposal facility located at Barnwell, South Carolina, continue to serve as the regional disposal facility for the South East Regional Compact beyond December 31, 1992?
_ Yes
_ No
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word `No'."
If this question receives a majority of the votes cast, as certified by the State Board of Canvassers, this act shall take effect on the date on which written evidence of this fact is transmitted to the Secretary of State.
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 December 31, 1992, unless South Carolina voters agree in a referendum in the general election in November 1992 to extend to 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./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 3 (RES1327.37), which was tabled:
Amend the bill, as and if amended, SECTION 4, page 4, by deleting lines 11 through 44 and deleting lines 1 through 3 of page 5, and inserting an appropriately numbered subsection in lieu thereof to read:
/( ) 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 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 a nuclear waste disposal or storage facility within ten miles of the border of a neighboring state.
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 January 1, 1996. The South Carolina Department of Health and Environmental Control shall make a determination whether the conditions set forth herein are met and report its findings to the President of the Senate, the Speaker of the House of Representatives, and the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LEVENTIS moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Gilbert
Helmly Hinson Martin
Martschink Mitchell Moore
Mullinax O'Dell Peeler
Saleeby Setzler Shealy
Smith, J.V. Stilwell Washington
Williams
Cork Courson Giese
Hayes, R.W. Hinds Leatherman
Leventis Lourie Macaulay
McConnell McGill Passailaigue
Reese Rose Russell
Smith, N.W. Thomas Wilson
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 4 (RES1327.38), which was carried over and later withdrawn:
Amend the bill, as and if amended, SECTION 4, page 4, by deleting lines 11 through 42 and inserting an appropriately numbered subsection in lieu thereof to read:
/ 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 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:
(1) a hazardous waste facility within one mile of the border of a neighboring state; and
(2) a solid waste facility within one mile of the border of a neighboring state.
If the State of North Carolina issues a permit for a hazardous waste or solid waste facility at a site located within one mile of the border of a neighboring state after this act's effective date, waste generated outside of the State of South Carolina may not be disposed of at the low-level radioactive waste facility located at Barnwell after the date of issuance of the permit by the State of North Carolina or January 1, 1993, whichever date is later. The South Carolina Department of/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Helmly Hinson
Lourie Martin Martschink
Mitchell Moore Mullinax
O'Dell Saleeby Shealy
Smith, J.V. Stilwell Thomas
Williams
Cork Courson Giese
Gilbert Hayes, R.W. Hinds
Leatherman Leventis Macaulay
McConnell McGill Passailaigue
Peeler Pope Reese
Rose Russell Setzler
Smith, N.W. Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator MOORE argued contra to the adoption of the amendment.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
On motion of Senator PASSAILAIGUE, Amendment No. 4 was carried over and later withdrawn.
Senators PASSAILAIGUE, McCONNELL, ROSE and LOURIE proposed the following Amendment No. 5 (RES1327.35), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . 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 March 31, 1994, provided that by March 31, 1993, the State of North Carolina has legally contracted to establish one or more interim storage facilities that must accept all low-level radioactive wastes from South Carolina not later than March 31, 1994. If the State of North Carolina has not entered into such a contract by March 31, 1993, the low-level radioactive waste facility at Barnwell shall cease on that date to accept low-level radioactive waste from outside the State of South Carolina./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senators MOORE and GIESE argued contra.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator COURSON argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senators McCONNELL and ROSE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Giese
Helmly Martin Martschink
Matthews McGill Moore
Mullinax O'Dell Patterson
Peeler Reese Russell
Saleeby Shealy Smith, J.V.
Stilwell Washington Williams
Cork Courson Gilbert
Hayes, R.W. Hinds Leatherman
Leventis Lourie Macaulay
McConnell Mitchell Passailaigue
Pope Rose Smith, N.W.
Thomas Wilson
The amendment was laid on the table.
At 3:55 P.M., Senator MOORE moved under Rule 15A to set 5:30 P.M. as a time certain to vote on the entire matter of S. 1327.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Giese
Lourie Martin Martschink
Matthews McGill Mitchell
Moore Mullinax O'Dell
Patterson Peeler Pope
Reese Russell Saleeby
Shealy Smith, J.V. Stilwell
Thomas Washington Williams
Cork Courson Gilbert
Hayes, R.W. Helmly Hinds
Leatherman Leventis Macaulay
McConnell Passailaigue Rose
Smith, N.W. Wilson
At 4:00 P.M., the Senate set 5:30 P.M. as a time certain to vote on the entire matter of S. 1327.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 6 (RES1327.28), which was tabled:
Amend the bill, as and if amended, page 5, beginning on line 16, by striking subsection (E) in its entirety and inserting the following in lieu thereof:
/(E) Further, the State of North Carolina must agree by June 30, 1993, that a three-person panel appointed by the South Carolina Governor, Lieutenant Governor, and Speaker of the House of Representatives is the sole judge of whether the milestones have been met and the penalties are due. Each of the aforementioned South Carolina officials shall appoint one member to the panel. If any milestone is not accomplished by the prescribed date, 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 to agree to the three-person panel being designated as the sole judge of whether the milestones have been met or to satisfy any one of the milestones shall require the Barnwell site to immediately cease to accept waste generated within the State of North Carolina./
Renumber sections to conform.
Amend title to conform.
Senators PASSAILAIGUE and LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 7 (RES1327.29), which was tabled:
Amend the bill, as and if amended, page 6, SECTION 5, by striking lines 4 through 20, and inserting in lieu thereof the following:
/"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 million, four hundred thousand cubic feet of waste prior to December 31, 1992.
No carry-forward of site capacity may be used after December 31, 1992."/
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 8 (RES1327.27), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read as follows:
/SECTION . Upon approval of this act by the Governor, the State Election Commission shall present the following question on the ballot in the November, 1992, general election:
"Shall the low-level radioactive waste disposal facility located at Barnwell, South Carolina continue to serve as the regional disposal facility for the South East Regional Compact until January 1, 1996?
_ Yes
_ No
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word `No'."
If a majority of the votes cast are in the affirmative, as certified by the State Board of Canvassers, this act shall take effect on the date on which written evidence of this fact is transmitted to the Secretary of State.
Unless the condition in the preceding paragraph is met, no waste may be disposed of at the low-level radioactive waste facility at Barnwell after December 31, 1992, and nothing in this act may be construed so as to extend the operation of the facility beyond this date./
Amend the bill further, as and if amended, by striking SECTION 6 in its entirety and inserting the following in lieu thereof:
/SECTION 6. This act takes effect subject to the provisions of Section ./
Renumber sections to conform.
Amend title to conform.
Senators PASSAILAIGUE and LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Helmly Martin
Matthews McGill Mitchell
Moore Mullinax O'Dell
Patterson Peeler Pope
Reese Russell Saleeby
Smith, J.V. Stilwell Thomas
Washington Williams
Cork Courson Gilbert
Hayes, R.W. Hinds Leatherman
Leventis Macaulay Martschink
McConnell Passailaigue Rose
Shealy Smith, N.W. Wilson
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 9 (RES1327.36), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Notwithstanding any other provision of law, no waste generated outside the Southeast Compact region as it existed on March 1, 1992, may be disposed of at the facility identified in Section 48-47-30(10)(2) after December 31, 1992. Notwithstanding any other provision of law, the low-level radioactive waste disposal facility at Barnwell may not accept more than eight million, four hundred thousand cubic feet of low-level radioactive waste during the period beginning January 1, 1986, and ending January 1, 1996, and the use of carry-forward of unused annualized site capacity may not result in disposal of storage of waste in excess of eight million, four hundred thousand cubic feet of waste before December 31, 1995./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 10 (RES1327.39), which was tabled:
Amend the bill, as and if amended, page 5, by deleting lines 16 through 38 and adding an appropriately numbered subsection in lieu thereof to read:
/ 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 legally contracted with the State of South Carolina to pay to this State the sum of five million dollars for each month that each of the milestones contained in this act is not met. Further, the State of North Carolina must agree by June 30, 1993, that a three-person panel appointed by the South Carolina Governor, Lieutenant Governor, and Speaker of the House of Representatives are the sole judges of whether the milestones have been met and the penalties are due. In no case may waste generated outside of the State of South Carolina be disposed of at the low-level radioactive waste facility at Barnwell after December 31, 1995./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 13 (RES1327.31), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . 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./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Hinson
Lourie Martin Martschink
Matthews McGill Mitchell
Moore Mullinax Patterson
Peeler Pope Reese
Russell Saleeby Shealy
Smith, J.V. Stilwell Williams
Cork Courson Gilbert
Hayes, R.W. Helmly Hinds
Leatherman Leventis Macaulay
McConnell Passailaigue Rose
Smith, N.W. Thomas Wilson
The amendment was laid on the table.
Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 14 (RES1327.41), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Effective July 1, 1992, the State Treasurer shall not remit quarterly payments to the Southeast Compact Commission any monies collected which are or represent the capacity assurance charge and the capacity assessment fee until the State of North Carolina provides to the State Auditor of the State of South Carolina an itemized detail accounting of year-to-date expenditures for the previous quarter and until the South Carolina State Auditor certifies to the State Treasurer that the fees are not being used for lobbying expenses including public relations, meals, and entertainment of any low-level radioactive waste facility construction or management vendor./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Helmly
Hinson Holland Martin
Martschink Matthews McGill
Mitchell Moore Mullinax
O'Dell Patterson Peeler
Reese Russell Saleeby
Shealy Smith, J.V. Stilwell
Williams
Cork Courson Gilbert
Hayes, R.W. Leventis Macaulay
McConnell Passailaigue Pope
Rose Smith, N.W. Thomas
Washington Wilson
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 15 (RES1327.26), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Subitem 9. of Section 48-47-70 of the 1976 Code is amended to read:
"9. Notwithstanding any other provision of this compact, to enter into agreements with any person, state, or similar regional body or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. The authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host state in which an affected regional facility is located. This shall be done only after an assessment of the affected facility's capacity to handle these wastes. The two voting members of the Commission representing South Carolina shall only vote to accept the importation of waste from outside the region if so authorized by a concurrent resolution adopted by the General Assembly."/
Renumber sections to conform.
Amend title to conform.
Senators PASSAILAIGUE and LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Helmly
Hinson Holland Lourie
Martin Martschink Matthews
McGill Mitchell Moore
Mullinax O'Dell Peeler
Pope Reese Russell
Saleeby Shealy Stilwell
Washington Williams
Cork Courson Hayes, R.W.
Hinds Leventis McConnell
Passailaigue Rose Smith, N.W.
Thomas Wilson
Gilbert
The amendment was laid on the table.
Senators McCONNELL and ROSE proposed the following Amendment No. 16 (RES1327.32), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:
/SECTION 1. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and shall cease to serve as the regional disposal facility except as provided below. If, on or before December 31, 1992, the Southeast Compact Commission adopts and the State of North Carolina consents to mandatory guidelines requiring the State of North Carolina to establish by January 1, 1994, a storage facility to provide sufficient capacity to store the region's waste, the disposal facility at Barnwell may continue to receive waste from the Southeast Compact region, not to exceed one million, two hundred thousand cubic feet of waste per year. If, on January 1, 1994, no storage facility in North Carolina will accept waste from the Southeast region, the disposal facility at Barnwell shall immediately cease to accept low-level radioactive waste for disposal. 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. Beginning January 1, 1993, 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 disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, 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 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Gilbert
Helmly Hinson Martin
Martschink Matthews McGill
Mitchell Moore Mullinax
O'Dell Peeler Reese
Russell Saleeby Shealy
Smith, J.V. Stilwell Washington
Williams
Cork Courson Hayes, R.W.
Hinds Leatherman Leventis
Lourie Macaulay McConnell
Passailaigue Pope Rose
Smith, N.W. Thomas Wilson
The amendment was laid on the table.
Senator LOURIE proposed the following Amendment No. 18 (RES1327.44), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Subitem 9. of Section 48-47-70 of the 1976 Code is amended to read:
"9. Notwithstanding any other provision of this compact, to enter into agreements with any person, state, or similar regional body or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. The authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host state in which an affected regional facility is located. This shall be done only after an assessment of the affected facility's capacity to handle these wastes. As it pertains to the facility located at Barnwell, in addition to the requirement of an affirmative vote of both representatives from the State of South Carolina to accept the importation of waste from outside the region, the General Assembly, by a concurrent resolution, must authorize the facility at Barnwell to accept the importation of waste generated outside the region before such waste may be disposed at the Barnwell facility.
Provided further, beginning January 1, 1993, the facility located at Barnwell must cease to accept waste generated outside the region, unless authorized by subsequent action of the Commission and the General Assembly pursuant to this section."/
Renumber sections to conform.
Amend title to conform.
Senator LOURIE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LEVENTIS argued in favor of the amendment.
Senator LOURIE spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Hinson
Martin Martschink Matthews
McGill Moore Mullinax
O'Dell Peeler Reese
Russell Saleeby Shealy
Smith, J.V. Stilwell Williams
Cork Courson Gilbert
Hayes, R.W. Helmly Hinds
Leatherman Leventis Lourie
Macaulay McConnell Mitchell
Passailaigue Pope Rose
Smith, N.W. Thomas Washington
Wilson
The amendment was laid on the table.
Senators LOURIE and ROSE proposed the following Amendment No. 19 (RES1327.45), which was carried over and subsequently tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 48-48-80 of the 1976 Code is amended by adding the following at the end:
"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 six months from the date that the milestone was to be met.
The failure of North Carolina to satisfy any one of the milestones shall result in the immediate prohibition on disposal of low-level radioactive waste at Barnwell, which was generated within the borders of the State of North Carolina."/
Renumber sections to conform.
Amend title to conform.
Senator LOURIE argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LOURIE moved that the amendment be adopted.
By previous action of the Senate, the time certain had arrived to vote on the entire matter of S. 1327.
On motion of Senator MOORE, with unanimous consent, the amendment was carried over.
Senator MOORE proposed the following Amendment No. 20 (RES1327.47), which was adopted:
Amend the bill, as and if amended, page 2, SECTION 1, line 1, by striking SECTION 1 in its entirety.
Amend the bill further, as and if amended, page 6, SECTION 5, line 22, by striking SECTION 5 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
On motion of Senator BRYAN, with unanimous consent, debate on each amendment was limited to a total of two minutes for proponents and a total of two minutes for opponents.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Gilbert
Hayes, R.W. Helmly Hinds
Leventis Lourie Macaulay
McConnell McGill Passailaigue
Pope Rose Russell
Smith, N.W. Thomas Wilson
Bryan Carmichael Courtney
Drummond Fielding Hinson
Martin Martschink Matthews
Mitchell Moore Mullinax
O'Dell Peeler Reese
Saleeby Shealy Smith, J.V.
Stilwell Washington Williams
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senators POPE and PASSAILAIGUE proposed the following Amendment No. 21 (N05\8552.AL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. If the State of North Carolina issues a permit for a hazardous waste or solid waste facility at a site located within one mile of the border of a neighboring state after the effective date of the act, low-level waste generated outside of the State of South Carolina may not be disposed at the low-level radioactive waste facility located at Barnwell after the date of issuance of the permit by the State of North Carolina or January 1, 1993, whichever date is later./
Renumber sections to conform.
Amend title to conform.
Senator POPE argued in favor of the adoption of the amendment.
The amendment was adopted.
Senators McCONNELL, COURSON and ROSE proposed the following Amendment No. 22 (RES1327.49), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:
/SECTION 1. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, 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 disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, 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.
The Speaker of the House of Representatives and the President of the Senate, respectively, shall appoint two members and the Governor shall appoint two members, who may or may not be members of the Southeast Compact Commission, to a negotiating committee. This six member committee shall meet and negotiate with representatives from the Southeast Compact Commission and representatives from the State of North Carolina to determine whether specific terms and conditions may be agreed upon under which the low-level radioactive waste facility located at Barnwell may re-open or remain open beyond January 1, 1993. This proposed written agreement must be finalized prior to April 1, 1993, and submitted to the General Assembly for its consideration. This agreement may only become effective upon the adoption of a joint resolution expressing the complete terms and conditions under which the facility shall remain open. In no event may any agreement extend the operation of the facility beyond December 31, 1995."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator STILWELL proposed the following Amendment No. 24 (RES1327.50), which was adopted:
Amend the bill, as and if amended, page 1327-3, SECTION 4, line 37, by adding the following after the word /State/:
/notwithstanding any provision to the contrary herein or hereinafter contained/
Renumber sections to conform.
Amend title to conform.
Senator STILWELL explained the amendment.
The amendment was adopted.
Senators LOURIE and ROSE proposed the following Amendment No. 19 (RES1327.45), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 48-48-80 of the 1976 Code is amended by adding the following at the end:
"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 six months from the date that the milestone was to be met.
The failure of North Carolina to satisfy any one of the milestones shall result in the immediate prohibition on disposal of low-level radioactive waste at Barnwell, which was generated within the borders of the State of North Carolina."/
Renumber sections to conform.
Amend title to conform.
Senator LOURIE argued in favor of the adoption of the amendment.
Senator MOORE spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Helmly
Hinds Hinson Holland
Martin Martschink Matthews
McGill Mitchell Moore
Mullinax O'Dell Peeler
Reese Russell Saleeby
Shealy Smith, J.V. Stilwell
Thomas Washington Williams
Cork Courson Gilbert
Hayes, R.W. Leatherman Leventis
Lourie Macaulay McConnell
Passailaigue Pope Rose
Smith, N.W. Wilson
The amendment was laid on the table.
There being no further amendments, the question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courtney
Drummond Fielding Helmly
Hinson Holland Lourie
Martin Martschink Matthews
McGill Mitchell Moore
Mullinax O'Dell Peeler
Reese Russell Saleeby
Shealy Smith, J.V. Stilwell
Thomas Washington Williams
Cork Courson Gilbert
Hayes, R.W. Hinds Leatherman
Leventis Macaulay McConnell
Passailaigue Pope Rose
Smith, N.W. Wilson
The Bill was read the third time, passed and ordered sent to the House of Representatives.
By federal law, P.L. 96-573 and P.L. 99-240, the responsibility for the disposal of low-level waste was transferred to the states. Congress encouraged the states to manage low-level waste on a regional basis by formation of compacts. South Carolina became a member of the Southeast compact and Barnwell became the regional disposal facility for the compact until December 31, 1992. This State has fulfilled its obligation fully and has every right to expect other compact members, more specifically North Carolina, to assume the disposal of low-level waste. According to the background information which I have requested to be researched (which follows this statement), the Executive Director of the Southeast Compact Commission is quoted as acknowledging that "the crisis of disposal capacity is the only factor that will compel the recalcitrant states and regions to get their site development efforts back on tract." I have voted in opposition to the Barnwell facility remaining open because I believe that South Carolina has fulfilled its obligation as a low-level waste facility site and should no longer be expected or obligated to continue accepting the nation's waste.
North Carolina entered into a regional agreement with Alabama, South Carolina, Tennessee, and Kentucky in November of 1989 in order to assure required capacity to continue to receive non-emergency federal remedial action funding. Each state was required to assure that it had capacity to manage the hazardous waste generated within its borders for the next 20 years by the certification deadline of October 17, 1989. Section 104(C)(9) CERCLA of 1980, P.L. 96-510, 94 Stat. 276 7, 42 U.S.C. 9601 et seq. and the Superfund Amendments and Reauthorization Act of 1986.
South Carolina and the other party states allowed North Carolina to enter into the regional agreement so North Carolina would have access to available facilities and thus be able to assure capacity and continue receiving federal clean-up funds.
In return, North Carolina agreed to meet certain milestones which consisted of siting and constructing three hazardous waste facilities. North Carolina was eliminated from the agreement for not complying with the milestones.
(1) In 1982, South Carolina along with seven other states formed the Southeast compact: Alabama, Florida, Georgia, Mississippi, North Carolina, Tennessee, and Virginia. P.L. 99-240; Act No. 452 of 1982.
(2) Congress, through the urging of the states, enacted the Low-Level Radioactive Waste Policy Act of 1980, P.L. 96-573, and the Low-Level Radioactive Waste Policy Amendments Act of 1986, P.L. 99-240, codified at 42 U.S.C. Section 2021b, et seq., which transferred the responsibility for the disposal of low-level waste to the states.
According to federal law, each state is responsible for providing either by itself or in cooperation with other states for the disposal of low-level radioactive waste generated within the state. [Emphasis added].
(3) Congress encouraged the states to pursue a regional approach in order to spread the burden of the disposal. Within the 1986 amendments, Congress imposed severe penalties or milestones which states must meet in order to avoid surcharges, i.e penalties, for the failure to meet these milestones. These milestones were established to encourage states to make progress in the siting of low-level radioactive waste disposal sites. As late as 1985 there were no new sites which were expected to be open.
Beginning in 1993, pursuant to federal law, compact states are authorized to exclude out-of-region waste from their borders. This authorization was originally ordered to take effect in 1986. (P.L. 96-573.) Nonetheless, because it was evident that no new sites were going to be sited, Congress extended the deadline to 1993. P.L. 99-240. Effective June 1, 1993, the Southeast compact may legally exclude waste from outside of the borders of the member states. Also pursuant to federal law, states must assume title to the waste generated within their borders beginning in 1996 if they do not have a disposal facility available for those generators within their borders. 42 U.S.C., Section 2021e(d)(1)(c). This provision is currently being challenged in the U.S. Supreme Court in New York v. United States. The provision was originally upheld in district court.
(4) Under the terms of the Southeast compact, South Carolina and all other member states agreed that Barnwell would provide for disposal of the compact's waste through 1992. P.L. 99-240; S.C. Code Ann. Section 48-47-30(10). Article 2 of the compact, in the definition of regional facility, provides that "in no event shall this disposal facility [Barnwell site] serve as a regional facility beyond December 31, 1992." It is quite clear from express language of the compact that by the end of 1992 South Carolina will have met its legal obligation under the compact.
North Carolina was Selected as the Successor State Under the Compact
(5) Since North Carolina was designated by the Southeast compact Commission as the second host state (September of 1986), it is responsible and obligated to provide disposal capacity needed for the Southeast region beginning January 1, 1993.
South Carolina is Not Required to Serve as Host State to the Compact
Constitute a Breach of Contract and Abrogation of Federal Law
(6) Unilateral action by a federal agency to require South Carolina to incur burdens beyond 1992, would be an impermissible abrogation of federal law. It is well settled that a compact which has been consented to by Congress has transformed into enforceable federal law. Texas v. New Mexico, 480 U.S. 129, 130 (1987). Furthermore, the compact remains a legal document and may be construed as such and enforced in accordance with its terms. A number of cases involving compact disputes have held that one party to an interstate compact may not unilaterally act to derogate the compact, as North Carolina is doing (See Texas v. New Mexico, 480 U.S. at 124).
It is Unlikely that North Carolina Will Have a Site Selected by 1996
(7) Even if a site is selected in North Carolina by the end of 1992, published projections indicate that it would take 7 to 9 years before such a facility became operational. Therefore, it is very unlikely that North Carolina will have a site available by 1996.
(8) If the future of compacts is to survive, in particular low-level waste compacts, Congress which gives consent and parties which enter into, must give full faith and integrity to the laws and terms which establish them. Accordingly, Katherine Visocki, Executive Director of the Southeast Compact Commission, published a summary of "In Search of Equity: Development of a Regional System for Managing Low-Level Radioactive Waste in the United States" on January 30, 1992. In this article, Katherine Visocki, along with Sherol S. Breeman, a policy analyst of the Southeast Compact Commission, stated:
"ultimately, we believe that the implementation of the regional compact system will be successful. The driving force behind changing the system was not adequacy of disposal capacity, technology, or economics. The driving force was a consideration of equity in sharing a public health risk."
Ms. Visocki indicated that:
"[i]n order for the scenario envisioned above to succeed [spreading of the burden by the siting of compacts] the sited states must remain committed to closing their disposal sites at the end of 1992. The crises of disposal capacity is the only factor that will compel the recalcitrant states and regions to get their site development efforts back on track. The policy act was designed to create a crisis in 1993, and this crisis must be allowed to occur. No assistance or interference from the U.S. Congress is required."
As a side note, it should be remembered that North Carolina also breached a hazardous waste agreement with the State of South Carolina in 1990 as well.
(9) There are many people who state that Congress will force South Carolina to open if it closes. Nonetheless, it must be noted that the Southeast compact is federal law. P.L. 99-260. Unilateral federal action for Congress to force South Carolina to stay open would be an abrogation of current federal law. The Nuclear Regulatory Commission may grant emergency access to any regional disposal facility within a state if necessary to eliminate an immediate and serious threat to public health. 42 U.S.C. Section 2021f.
Further, this emergency access period shall not exceed 180 days. 42 U.S.C. Section 2021f(e)(2). Unless for cause, there may be an extension of emergency access granted for an additional 180 days. 42 U.S.C. Section 2021f(e). However, there are limitations. 42 U.S.C. Section 2021f(h) provides that no state shall be required to provide emergency access to any regional disposal facility within its borders for low-level radioactive waste not meeting the criteria established by the license or license agreement of the facility or in excess of the approved capacity for such facility, or to delay the closing of any such facility pursuant to plans established before receiving a request for emergency or reciprocal access. [Emphasis added]. South Carolina's plan was established and no emergency access has been declared. Even if one were declared, it cannot prevent the closing of the facility as established well before such an emergency.
Adopted by the Southeast Compact Commission on October 24, 1989, was a motion which authorized the collection of a "capacity assurance charge" on waste disposed at the Barnwell facility by southeast region generators. The funds are to be used particularly to defray the cost of site selection and licensing of the North Carolina regional disposal facility. To date, the South Carolina Treasurer's Office has disbursed $9,313,848 to the Southeast Compact Commission to be remitted to the State of North Carolina. (North Carolina Low-Level Radioactive Waste Management Authority).
The following were introduced:
S. 1522 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-150 AND 16-15-160 SO AS TO DEFINE AND PROHIBIT DISSEMINATING INDECENT CRIME MATERIAL TO MINORS AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Judiciary.
S. 1523 -- Senators Fielding, Gilbert, Matthews, Mitchell, Patterson, Washington and Williams: 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.
Read the first time and on motion of Senator FIELDING, with unanimous consent, ordered placed on the Calendar without reference.
H. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.
Senator LOURIE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment printed in the Journal of April 9, 1992.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments.
H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.
Senator GILBERT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1396 -- Senator Pope: A BILL TO REPEAL ACT 343 OF 1971, AS AMENDED, RELATING TO THE CREATION, MEMBERSHIP, POWERS AND DUTIES, AND OPERATIONS OF THE UNION RECREATION DISTRICT IN UNION COUNTY.
On motion of Senator POPE, S. 1396 was ordered to receive a third reading on Wednesday, April 29, 1992.
H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REVISE THE FOUR AREAS FROM WHICH THE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NO. 2 ARE ELECTED.
Senator O'DELL asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator O'DELL proposed the following amendment (JIC\6549.HC), which was adopted:
Amend the bill, as and if amended, by striking all after SECTION 1 and inserting:
/SECTION 2. Act 509 of 1982 is amended by adding:
"SECTION 6A. The four areas for electing district trustees for Anderson County School District No. 2 are as follows:
AREA NO. 1
Area Population
Anderson County
BELTON
Tract 0104.02
Blocks: 385 0
Tract 0113.00
Blocks: 103, 110A, 110B, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B 37
Tract 0114.00
Blocks: 102, 103, 104, 105, 106, 107, 108A, 108B, 109A, 109B, 109C, 110A, 110B, 111, 112, 113, 114, 116, 117A, 117B, 118A, 118B, 119A, 119B, 120, 121, 122, 123, 124A, 124B, 125, 126A, 126B, 127, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 227, 228, 229, 230, 231, 241, 242, 243, 244A, 244B, 245, 246, 247A, 247B, 248, 249, 250, 251, 252, 301A, 301B, 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320A, 320B, 321, 322, 323, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 344, 345A, 345B, 346A, 346B, 347A, 347B, 348, 349, 350, 351, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 421C, 422, 423, 424, 425, 426, 427, 428, 505, 506A, 506B, 507A, 507B, 508, 509, 510A, 510B, 511, 512, 513, 514A, 514B, 514C, 515A, 515B, 519, 601A, 601B, 601C, 604, 605, 606A, 606B, 607A, 607B, 607C, 608, 609, 610, 611, 612, 613A, 613B, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 701, 702A, 702B, 702C, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 801, 802, 803, 804, 805, 806, 807A, 807B, 808, 809, 810, 811A, 811B, 812, 813, 814, 815A, 815B, 816A, 816B, 817, 818, 819A, 819B, 820, 821, 822, 823, 824, 825A, 825B, 825C, 826, 827, 828, 829, 830, 831, 832, 833, 834 6,130
CRAYTONVILLE
Tract 0113.00
Blocks: 305, 324, 325, 372 72
FRIENDSHIP
Tract 0114.00
Blocks: 205, 206, 207, 208, 209, 212, 214, 215, 216, 235, 238, 260, 261 104
ROCK SPRING
Tract 0113.00
Blocks: 306, 323, 371 11
TONEY CREEK
Tract 0114.00
Blocks: 115, 201, 202, 203, 204, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 232, 233, 234, 236 230
AREA NO. 1 TOTAL 6,584
AREA NO. 2
Area Population
Anderson County
BAKERS CREEK 306
BELTON
Tract 0104.02
Blocks: 235 0
CHIQUOLA MILL 1,216
CRAYTONVILLE
Tract 0113.00
Blocks: 303, 304, 326, 327, 328 118
Tract 0115.00
Blocks: 220, 221, 222, 223, 224, 227, 231, 232, 233, 234, 235 255
Tract 0116.00
Blocks: 103, 104, 105, 128, 129 66
FRIENDSHIP
Tract 0114.00
Blocks: 210, 211, 213, 237, 239, 257 121
Tract 0115.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447B, 448, 449, 450, 451B, 452B, 453B, 454, 455, 456B, 457, 458B, 466B, 467B, 468B, 469B, 471B, 473B, 474, 475, 480, 481, 482 931
HIGH POINT 745
HONEA PATH 2,424
MCADAMS 228
AREA NO. 2 TOTAL 6,410
AREA NO. 3
Area Population
Anderson County
CRAYTONVILLE
Tract 0113.00
Blocks: 329, 330, 331, 360, 363, 370 57
Tract 0115.00
Blocks: 166, 167, 170, 171, 172, 225, 226, 228, 229, 230, 244, 245, 246 111
Tract 0116.00
Blocks: 106, 107, 108, 109, 110, 111, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 131, 132, 133, 134, 135, 136, 137, 142, 145, 146, 147, 148, 149 539
NEALS CREEK
Tract 0113.00
Blocks: 335, 336, 345, 346, 347, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 364, 365, 366, 407, 408, 409, 410, 412, 413 856
SHIRLEYS STORE 905
WRIGHTS SCHOOL 931
AREA NO. 3 TOTAL 3,399
AREA NO. 4
Area Population
Anderson County
BELTON
Tract 0113.00
Blocks: 104, 109A, 109B, 109C, 121, 122 129
Tract 0114.00
Blocks: 602, 603 157
BROADWAY
Tract 0113.00
Blocks: 105, 106, 107, 108A, 108B, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 143, 144, 145, 146, 147, 148, 149, 150, 211 798
Tract 0114.00
Blocks: 501A, 501B, 502, 503 80
CRAYTONVILLE
Tract 0113.00
Blocks: 361, 362 28
NEALS CREEK
Tract 0113.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 316, 317, 337, 338, 339, 340, 341, 342, 343, 344, 348, 349, 367, 368, 369 1,075
ROCK SPRING
Tract 0113.00
Blocks: 307, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 332, 333, 334, 373, 374 465
Tract 0114.00
Blocks: 504, 516A, 516B, 517, 518, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531 512
AREA NO. 4 TOTAL 3,244"
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Senator HINDS asked unanimous consent to take the Bill up for immediate consideration.
Senator MOORE objected.
S. 1436 -- Senators Leatherman, Peeler, J. Verne Smith, Helmly, Matthews and Nell W. Smith: 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.
Senator MACAULAY asked unanimous consent to recall the Bill from the Committee on Medical Affairs.
Senator GILBERT objected.
S. 796 -- Senator Gilbert: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.
Senator GILBERT asked unanimous consent to recall the Bill from the Committee on Medical Affairs.
Senator MACAULAY objected.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS
TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Senator HINDS asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
On motion of Senator MULLINAX, with unanimous consent, the following Committee Reports were taken up for immediate consideration:
Senator LAND, from the Committee on Agriculture and Natural Resources, has polled out S. 1474:
S. 1474 -- Senators McConnell, Leventis and Rose: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE AND TO CHANGE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL OR CAUSES THESE ACTS TO BE DONE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).
Land Matthews Courson
Setzler McGill Washington
Leventis Mullinax
Peeler O'Dell
Drummond Rose
Pope Hinds
Lourie Passailaigue
Gilbert
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, has polled out S. 1496:
S. 1496 -- Senator McGill: A BILL TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.
Land Matthews Courson
Setzler McGill Washington
Leventis Mullinax
Peeler O'Dell
Drummond Rose
Pope Hinds
Lourie Passailaigue
Gilbert
Ordered for consideration tomorrow.
S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
Senator SALEEBY spoke on the Bill.
Senator COURSON proposed the following Amendment No. 1 (RES1231.01):
Amend the committee report, as and if amended, page 1231-3, line 5, after the word /declared/ by adding:
/,upon written recommendation of the Chief Insurance Commissioner as instructed by the Insurance Commission,/
Amend title to conform.
Senator LEATHERMAN was recognized.
On motion of Senator WILLIAMS, debate was interrupted by adjournment with Senator LEATHERMAN retaining the floor.
MOTION ADOPTED
On motion of Senator LEATHERMAN, with unanimous consent, the Senate adjourned out of respect to the memory of Mr. James T. "Tom" Triplett.
At 6:17 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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