Printed Page 4470, May 29
| Printed Page 4490, May 29
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Printed Page 4470, May 29
| Printed Page 4490, May 29
| The Reading Clerk of the House read the following Concurrent Resolution:
S. 1391 -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 1996, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE AUGUST 31, 1996.
The President recognized Senator Courtney, Chairman of the Joint Screening Committee.
Senator Courtney stated that the following candidates had been screened and found qualified: Barbara B. League for Seat 4, and Lonnie Randolph, Jr. for Seat 2.
On motion of Rep. BAILEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Barbara B. League, Seat 4, and Lonnie Randolph, Seat 2, were duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:20 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. WHATLEY a leave of absence.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 3A.
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.
Debate was resumed on Amendment No. 3A by Rep. MEACHAM.
Rep. QUINN moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Boan Brown, G. Cain Carnell Cooper Cromer Delleney Fleming Gamble Kinon Kirsh Knotts Koon Lee Limbaugh Littlejohn Loftis Marchbanks McAbee McCraw McTeer Phillips Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop
Walker Wilder Wilkins Witherspoon Wofford Wright
Those who voted in the negative are:
Allison Anderson Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Cato Cave Clyburn Cobb-Hunter Cotty Davenport Fulmer Govan Hallman Harrell Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Klauber Lanford Law Limehouse Lloyd Martin Mason McMahand Meacham Moody-Lawrence Neal Neilson Richardson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, R. Stille Tucker Wells Whatley Whipper, L. Whipper, S. White Young Young-Brickell
So, the House refused to table the amendment.
Rep. SPEARMAN spoke against the amendment.
Rep. RHOAD moved to continue the Bill.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Cain Cooper Delleney Fleming Koon Loftis Marchbanks McAbee McCraw Phillips Quinn Rhoad Rice Riser Robinson Smith, D. Stoddard Tripp Trotter Vaughn Waldrop
Those who voted in the negative are:
Allison Anderson Askins Bailey Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Cave Clyburn Cobb-Hunter Cotty Dantzler Davenport Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Lanford Law Lee Limbaugh Limehouse Lloyd Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Richardson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tucker Wells Whipper, L. Whipper, S. White Wilder Wilkes Wilkins
Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to continue the Bill.
Rep. RICHARDSON moved immediate cloture on the entire matter, which was rejected.
Rep. LITTLEJOHN moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 3A.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. McKAY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. P. HARRIS a leave of absence for the remainder of the day.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 3A.
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
Debate was resumed on Amendment No. 3A by Rep. MEACHAM.
Rep. MEACHAM spoke in favor of the amendment.
Rep. YOUNG-BRICKELL moved immediate cloture on the entire matter.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Beck Boan Breeland Brown, H. Brown, J. Byrd Cato Clyburn Dantzler Fleming Hallman Harrell Harris, J. Hines, M. Hodges Howard Hutson Keegan Kelley Keyserling Klauber Lanford Law Limbaugh Limehouse Marchbanks Mason McMahand McTeer Meacham Neal Richardson Sandifer Scott Seithel Simrill Smith, R. Tucker Wells Whipper, L. Whipper, S. Wilkins Wofford Young Young-Brickell
Bailey Baxley Brown, G. Cain Canty Carnell Cave Chamblee Cooper Cromer Davenport Delleney Felder Gamble Kinon Kirsh Knotts Koon Lee Littlejohn Lloyd Loftis Martin McAbee McCraw McElveen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rogers Sharpe Sheheen Shissias Smith, D. Spearman Stoddard Stuart Tripp Trotter Waldrop Walker Wilder Wilkes Witherspoon Wright
So, immediate cloture was not invoked.
Rep. WILKES spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. QUINN spoke against the amendment and moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Boan Brown, G. Brown, H. Brown, T. Cain Carnell Chamblee Cooper Cromer Dantzler Delleney Felder Fleming Fulmer Gamble Harvin Kinon Kirsh Klauber
Knotts Koon Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Martin McAbee McCraw McTeer Phillips Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wright
Those who voted in the negative are:
Allison Anderson Baxley Beck Breeland Byrd Canty Cato Cave Clyburn Cobb-Hunter Cotty Davenport Govan Hallman Harrell Harris, J. Hines, M. Hodges Howard Hutson Keegan Kelley Keyserling Lanford Limehouse Mason McElveen McMahand Meacham Moody-Lawrence Neal Neilson Richardson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, R. Stille Tucker Wells Whipper, L. Whipper, S. White Wofford Young Young-Brickell
So, the amendment was tabled.
Rep. McTEER proposed the following Amendment No. 4A (Doc Name P:\amend\BBM\10772AC.96), which was ruled out of order.
/SECTION . The 1976 Code is amended by adding:
"Section 20-7-19. No farmer may marry his pig."/
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 4A was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
The SPEAKER granted Rep. MARCHBANKS a leave of absence for the remainder of the day.
Reps. MEACHAM, HODGES and YOUNG-BRICKELL proposed the following Amendment No. 1A (Doc Name P:\amend\PFM\9403AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 47 of the 1976 Code is amended by adding:
Section 47-20-10. As used in this chapter:
(1) `Agricultural facility' means a lot, building, or structure which is used for the commercial production of swine in an animal feeding operation.
(2) `Animal' means a domesticated animal belonging to the porcine species.
(3) `Animal feeding operation' means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal waste from animals in the operation also are part of the animal feeding operation. Two or more animal feeding operations under common
(4) `Animal waste' means animal excreta or other commonly associated organic animal wastes including, but not limited to, bedding, litter, feed losses, or water mixed with the waste.
(5) `Annual pollutant loading rate' means the maximum amount of a pollutant that can be applied to a unit area of a waste utilization area during a three hundred sixty-five-day period.
(6) `Cumulative pollutant loading rate' means the maximum amount of a pollutant that can be applied to an area of land.
(7) `Department' means the South Carolina Department of Health and Environmental Control.
(8) `Ephemeral stream' means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.
(9) `Intermittent stream' means a stream that generally has a defined natural water course which does not flow year-round but flows beyond periods of rainfall or snowmelt.
(10) `Lagoon' means an impoundment used in conjunction with an animal feeding operation, the primary function of which is to store or stabilize, or both, organic wastes, wastewater, and contaminated runoff.
(11) `Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(12) `Waste storage pond' means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural waste management system. Waste is stored for a specified period of time, one year or less, and then the pond is emptied.
(13) `Waste Utilization area' means land on which animal waste is spread as a fertilizer.
(14) `Watershed' means a drainage area contributing to a river, lake, or stream.
(15) `Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams. This definition includes wetlands as defined in this section.
Printed Page 4470, May 29
| Printed Page 4490, May 29
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