Printed Page 2060, Mar. 28
| Printed Page 2080, Mar. 28
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Printed Page 2060, Mar. 28
| Printed Page 2080, Mar. 28
| The following Bill was taken up.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7326BDW.95).
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 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public paved roads;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences.
As used in this item, `residence' includes, but is not limited to, mobile homes,
apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or
similar places people may live. However, the one thousand feet setback is
waived with the consent of the owner of the residence;
(8) out of the one-hundred-year flood plain unless protected from flooding.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least one hundred feet from a watercourse of the State;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.
(7) when zoning restrictions apply, on property zoned for agricultural uses."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
(B) No proposed agricultural facility or operation may be deemed to be a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation on property unzoned or zoned for agricultural uses."
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RISER explained the amendment.
Rep. HASKINS moved to waive Rule 6.1, which was agreed to by a division vote of 66 to 31.
Rep. RISER continued speaking.
Rep. RISER moved to adjourn debate upon the Bill until Wednesday, March 29, which was adopted.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted.
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
The following Bill was taken up.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Rep. HUFF objected to the Bill.
Rep. A. YOUNG explained the Bill.
Reps. BAXLEY, S. WHIPPER, L. WHIPPER, PHILLIPS, BREELAND, CATO, CLYBURN, A. YOUNG, LIMEHOUSE, RICHARDSON and JENNINGS objected to the Bill.
The following Bill was taken up.
H. 3045 -- Reps. Kirsh, Stille and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-225 SO AS TO REQUIRE A RETAIL DEALER TO AFFIX A LEGIBLE STATEMENT OF THE PERCENTAGE OF ETHANOL, METHANOL, OR A COMBINATION OF THEM TO THE DISPENSER OF ALL MOTOR FUEL KEPT, OFFERED, OR EXPOSED FOR SALE OR SOLD AT RETAIL CONTAINING AT LEAST TWO PERCENT BY VOLUME OF ETHANOL, METHANOL, OR A COMBINATION OF THEM, AND TO PROVIDE FOR THE PLACEMENT AND SIZE OF THE STATEMENT ON THE PUMP WHICH DISPENSES THE FUEL AND DEFINE "RETAIL DEALER".
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1745SD.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 39-41-185 of the 1976 Code, as added by Act 469 of 1994, is amended to read:
"Section 39-41-185. (A) A motor fuel retail dealer may not transfer, sell, dispense, or offer petroleum products for sale in South Carolina
(B) The labeling must be conspicuous and legible to a customer when viewed from the driver's position of a motor vehicle positioned in front of the dispenser.
(C) Kerosene dispensers must be labeled as either 1-K or 2-K. 2-K dispensers must display the following in lettering at least one inch in height: `Not suitable for use in nonflue-connected heaters'.
(D) This section does not prohibit the voluntary inclusion of additional alcohol or additive information.
(E) The Department of Agriculture has authority to inspect, sample, and test products subject to the labeling requirements of this section and may promulgate regulations to carry out those duties."
SECTION 2. This act takes effect upon approval by the Governor, except that no motor fuel retailers shall be required to comply with the labeling provisions of Section 39-41-185(A) sooner than January 1, 1996./
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Reps. BAXLEY, DELLENEY, HUFF, CLYBURN, HOWARD, CATO, WHITE, RICHARDSON,
JENNINGS, SHARPE, S. WHIPPER, ELLIOTT, MASON, R. SMITH and RICE objected to the
Bill.
The following Bill was taken up.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Reps. HUFF, L. WHIPPER, PHILLIPS, S. WHIPPER, CLYBURN, MASON, RICE, CATO, R. SMITH, HOWARD, DELLENEY, RICHARDSON, COOPER and COBB-HUNTER objected to the Bill.
The following Bill was taken up.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Reps. CATO, RICHARDSON, A. YOUNG, CLYBURN, DAVENPORT, L. WHIPPER, ANDERSON,
S. WHIPPER, SEITHEL, HUFF, RICE, MASON, R. SMITH, HOWARD, GOVAN, CAVE, NEAL and
DELLENEY objected to the Bill.
The following Bill was taken up.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Reps. CATO, CLYBURN, ANDERSON, DAVENPORT, L. WHIPPER, A. YOUNG, COOPER, MASON, HUFF, NEILSON, HOWARD, GOVAN, COBB-HUNTER, HARVIN, McELVEEN and DELLENEY objected to the Bill.
The SPEAKER granted Rep. McELVEEN a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
Rep. CATO explained the Bill.
Reps. HALLMAN, CAIN, SEITHEL, LAW, FULMER and DANTZLER withdrew their objections to the following Bill.
H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
Rep. CAIN withdrew his objection to H. 3301 however, other objections remained upon the Bill.
The motion period was dispensed with on motion of Rep. HUFF.
Rep. SCOTT moved that the House do now adjourn.
Those who voted in the affirmative are:
Breeland Byrd Cobb-Hunter Howard Neal Scott Waldrop
Those who voted in the negative are:
Allison Askins Baxley Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Phillips Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkes Wilkins
Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
Printed Page 2060, Mar. 28
| Printed Page 2080, Mar. 28
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