Printed Page 7080, May 18
| Printed Page 7100, May 18
|
Printed Page 7080, May 18
| Printed Page 7100, May 18
| Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Notwithstanding any other provision of law, the appointment and budgetary review powers of the Berkeley County Legislative Delegation in regard to the Area Commission for the Berkeley-Charleston-Dorchester Technical Education Center are hereby devolved upon the Berkeley County Council./
Renumber sections to conform.
Amend totals and title to conform.
Reps. G. BAILEY, COBB-HUNTER, A. YOUNG, HUTSON and HARRELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20882SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Notwithstanding any other provision of law, the appointment and budgetary review powers of the Dorchester County Legislative Delegation in regard to the Area Commission for the Berkeley-Charleston-Dorchester Technical Education Center are hereby devolved upon the Dorchester County Council./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16149AC.94), which was adopted.
Amend the joint resolution, as and if amended, Section 1, by deleting item (1) and inserting:
/(1) six must be faculty members from any of the state-supported institutions of higher learning in South Carolina and of these, two members must be well qualified minority individuals./
Amend title to conform.
Rep. HOUCK explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.
H. 5179 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.
The following Joint Resolution was taken up.
H. 5180 -- Agriculture, Natural Resources and Environmental Affairs Committee:
A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT,
DESIGNATED AS
REGULATION DOCUMENT NUMBER 1682, PURSUANT TO THE PROVISIONS OF ARTICLE 1,
CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILKES inquired whether the Joint Resolution was the one dealing with the regulations approved by the Department of Health and Environmental Control which were submitted to the House Agricultural, Natural Resources and Environmental Affairs Committee and passed out favorably by a vote of 16-2 or was it the regulations that since then DHEC had withdrawn and resubmitted.
The SPEAKER inquired which ones had been voted on in committee.
Rep. WILKES stated that the committee had voted on the regulations originally submitted allowing the five options for financial assurance.
The SPEAKER stated that he assumed that was what this regulation dealt with.
Rep. HUFF inquired about the subject matter of the resolution and the date.
The SPEAKER stated that this was what the committee voted on and it was the original version.
Rep. WILKES inquired about these regulations taking effect on May 11, 1994. He further stated that they had not been printed at the State Register and he requested that they be printed.
The SPEAKER stated that he did not have any authority over the State Register and that it was under the Code Commissioner and Legislative Council.
Rep. HUFF moved to adjourn debate upon the Joint Resolution until Tuesday, May 24, which was rejected by a division vote of 5 to 24.
Rep. HASKINS inquired about the regulations being the original ones before DHEC attempted to withdraw them and amend them.
The SPEAKER stated that the committee resolution stated that it was to approve regulations of DHEC relating to hazardous waste management designated as Regulation Document No. 1682.
Rep. HASKINS stated that the copy of Document No. 1682 was the one which had been attempted to be amended by DHEC after the action of the committee which would be a state agency amending the resolution of the committee and that they did not have the authority to do that.
The SPEAKER stated that Document No. 1682 was included in the resolution but that it did not have a date on it.
Rep. HASKINS stated that the question was whether Document No. 1682 had been
altered since the committee took action on it and if so, then it violated the
Administrative Procedures Act.
Rep. WILKES inquired about what the House was voting on and whether it was the original regulations or the ones withdrawn and resubmitted.
The SPEAKER questioned when it was withdrawn.
Rep. WILKES stated that it was withdrawn about 15 minutes after the full committee voted it out.
The SPEAKER stated that it did not change the action of the committee. He further stated that he assumed that what was attached to the joint resolution when the House received it was the original version of the regulation.
Rep. WILKES then stated that Document No. 1682 that Mr. Haskins had was not the one being voted on.
The SPEAKER stated that he had not seen that, but that the House was voting on the version attached to the resolution.
Rep. WILKES explained the Joint Resolution.
Rep. HASKINS raised the Point of Order that the Joint Resolution was improperly before the House under the Administrative Procedures Act in that the regulation went into effect on May 11, 1994. He further stated that they had been received by the Lt. Governor and the Speaker on December 17, 1993, and the 120 day review period expired on May 11, 1994, and the only thing that would have extended that time period would have been if the agency had properly withdrawn the amendments prior to the action by the committee and that was in accordance with Section 1-23-125 which provides the only method for an agency to withdraw a regulation was at the request of a committee and further provided the only time that an agency can withdraw was prior to the time the committee resolution approving or disapproving had been introduced. He further stated that in this case, the agency attempted to withdraw the regulation after the committee had already taken action to propose a resolution approving the regulation. He further stated that the withdrawal was invalid and therefore, the regulation as originally drafted became law on May 11, 1994, and this resolution was improperly before the House.
Rep. WILKES stated that the resolution was still on the Calendar and if the
House approved of the regulation that went into effect on May 11, 1994, then it
still needed to pass this out.
The SPEAKER stated that he could not find anything that stated that it should come off of the Calendar or that the body cannot debate it once it becomes law and he overruled the Point of Order.
Rep. McELVEEN further raised the Point of Order that the Joint Resolution was improperly before the House in that the regulation had been withdrawn by DHEC before it was received by the Clerk of the House.
The SPEAKER stated that he could not tell that from the documents he had and he overruled the Point of Order.
Rep. WILKES continued speaking.
Rep. HASKINS spoke in favor of the Joint Resolution.
Rep. McELVEEN moved to table the Joint Resolution and demanded the yeas and
nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Baxley Breeland Brown, G. Cobb-Hunter Hallman Harrelson Holt Houck Keyserling McElveen McLeod McTeer Waites
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Beatty Boan Brown, H. Carnell Cato Chamblee Cooper Corning Davenport Delleney Fair Felder Fulmer Gamble Graham Harris, P. Harrison Haskins Hines Huff Hutson Jennings Keegan Kelley Kirsh Klauber Lanford Law
Littlejohn Marchbanks McAbee McMahand Meacham Neilson Phillips Quinn Riser Robinson Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Trotter Tucker Vaughn Waldrop Walker Wells Whipper Wilder, J. Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the Resolution.
Reps. McLEOD, G. BROWN, KEYSERLING, BAXLEY, COBB-HUNTER and McELVEEN objected to the Resolution.
Rep. HINES moved to adjourn debate upon the following Bill until Thursday, May 19, which was adopted.
S. 1345 -- Senator Saleeby: A BILL TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF ASSETS OF FORMER LIBRARIES, SO AS TO DELETE THE PROVISION REQUIRING SUCH TRANSFERRED ASSETS AND PROPERTY TO BE USED EXCLUSIVELY FOR LIBRARY PURPOSES.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 25, which was adopted.
S. 1377 -- Senators Washington and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE
Rep. QUINN moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted.
H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.
Rep. CORNING withdrew his objection to H. 4402 however, other objections remained upon the Joint Resolution.
Rep. CORNING withdrew his objection to H. 3421 however, other objections remained upon the Bill.
Rep. CORNING withdrew his objection to H. 4664 however, other objections remained upon the Bill.
Reps. HARRELL, FULMER and HOLT withdrew their objections to H. 4709 however, other objections remained upon the Bill.
Reps. D. SMITH, LANFORD, BEATTY and WELLS withdrew their objections to the following Bill.
S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
Reps. WITHERSPOON, KELLEY and KEEGAN withdrew their objections to the following Bill.
H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.
Rep. G. BROWN withdrew his objection to H. 3345 however, other objections remained upon the Bill.
Rep. KENNEDY withdrew his objection to H. 3999 however, other objections remained upon the Bill.
Rep. HASKINS withdrew his objection to H. 3958 however, other objections remained upon the Bill.
The motion of Rep. QUINN to reconsider the vote whereby the Senate amendments on the following Bill were amended by Amendment No. 8 were taken up.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Rep. SHARPE moved to table the motion to reconsider, which was agreed to.
The motion of Rep. MOODY-LAWRENCE to reconsider the vote whereby the Senate amendments on the following Bill were amended by Amendment No. 10 were taken up.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Rep. SHARPE moved to table the motion to reconsider, which was agreed to.
On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 1378 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING AND THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1764,
On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 1379 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WELLS asked unanimous consent to recall H. 4530 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. WALKER asked unanimous consent to recall S. 1315 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WELLS objected.
On motion of Rep. WILKES, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE
Printed Page 7080, May 18
| Printed Page 7100, May 18
|