Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
All-wise and all-powerful God, give us a double measure of strength when the trials of life come. Just as the ground is white after a snow and as the grass is greener after a rain, may our lives be inspired and more productive when the inevitable storms have passed from our lives. Inspire us with noble goals as we know that one without ambitions seldom gets anywhere, that the worse failure in life is the failure to try. So often we say: "God, I have prayed and prayed and prayed, Why don't you answer?" And God says: "I've answered and answered and answered. Why don't you listen?"
Lord, teach us how to pray aright. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. KINON moved that when the House adjourns, it adjourn in memory of former Representative Jewel P. McLaurin of Dillon, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 2170
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-96-290, 44-96-300, 44-96-320, 44-96-380, 44-96-400, 44-96-450 and 44-96-460
Solid Waste Management: Construction, Demolition and Land-Clearing Debris Landfills
Received By Speaker April 21, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date August 19, 1997
(Subject to Sine Die Revision)
The following was received.
Document No. 2176
Promulgated By Department of Labor, Licensing and Regulation-Manufactured Housing Board
Statutory Authority: 1976 Code Section 40-29-50
Manufactured Homes; Practices in the Industry
Received By Speaker March 12, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 10, 1997
Revised July 11, 1997
Revised July 12, 1997
Senate Labor Commerce & Industry Committee Requested Withdrawal April 2, 1997
Withdrawn and Resubmitted April 3, 1997
House Labor, Commerce & Industry Committee Requested Withdrawal April 17, 1997
Withdrawn and Resubmitted April 18, 1997
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3127 -- Reps. Simrill, Walker and Robinson: A BILL TO PROVIDE THAT TECHNICAL COLLEGES AS WELL AS STATE-SUPPORTED COLLEGES AND UNIVERSITIES MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN TWO PERCENT OF THEIR UNDERGRADUATE STUDENT BODY DURING FISCAL YEAR 1996-97.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3528 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-7-71, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A REVENUE IMPACT STATEMENT ON BILLS RELATING TO STATE TAXES REPORTED OUT OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE, SO AS TO PROVIDE THAT THIS STATEMENT MUST BE CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS OR ITS DESIGNEE RATHER THAN AN AGENT OF THE DEPARTMENT OF REVENUE, AND TO PROVIDE THAT THE BOARD MAY REQUEST THE TECHNICAL ADVICE OF THE DEPARTMENT OF REVENUE WITH RESPECT TO THE PREPARATION OF THESE STATEMENTS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3601 -- Rep. Boan: A BILL TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM AND THE PRIVATE JOB TRAINING REVIEW COMMITTEE WHICH PROVIDES ADVICE ON THE UTILIZATION OF SHORT-TERM ADULT FUNDING, SO AS TO DELETE SUCH COMMITTEE AND CORRESPONDING REFERENCES THERETO.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3450 -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3625 -- Rep. Harrell: A BILL TO AMEND SECTION 12-6-3420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE INCOME TAX CREDIT FOR CONSTRUCTION OF OR IMPROVEMENT TO AN INFRASTRUCTURE PROJECT, SO AS TO REDEFINE "INFRASTRUCTURE PROJECT", TO CLARIFY THE MEANING OF "QUALIFIED PRIVATE ENTITY", TO DEFINE "RELATED TAXPAYER", TO PROHIBIT A CLAIM FOR THE CREDIT BEFORE DEDICATION OR CONVEYANCE OF THE PROJECT, TO PROVIDE FOR PAYMENT OF TAX DUE ON A ROAD THAT IS LATER REMOVED FROM THE INFRASTRUCTURE PROJECT, AND TO DELETE ALLOWANCE OF THE TAX CREDIT TO CORPORATIONS ON A CONSOLIDATED BASIS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3626 -- Rep. Harrell: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO ENACT THE TOURISM INFRASTRUCTURE TAX ACT AND WHICH PROVIDES THAT A PORTION OF ADMISSIONS TAXES PAID TO CERTAIN TOURISM AND RECREATION FACILITIES MAY BE USED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, PROVIDES FOR THE FUND INTO WHICH THESE REVENUES MUST BE DEPOSITED AND THE USES TO WHICH THEY MAY BE PUT FOR THE ADMINISTRATION AND DURATION OF THE PROGRAM, AND FOR THOSE FACILITIES ELIGIBLE TO PARTICIPATE; AND TO REPEAL SECTION 12-21-2423, RELATING TO A SIMILAR USE OF A PORTION OF ADMISSIONS TAX REVENUES.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3810 -- Reps. Harrell, Altman, J. Smith, R. Smith, Breeland, H. Brown, Campsen, Limehouse, Boan, Whatley, Hodges, Allison, Wilkins, Lanford and Littlejohn: A BILL TO AMEND SECTION 33-56-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS EXEMPT FROM FILING A REGISTRATION STATEMENT WITH THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT A PARENT-TEACHER ORGANIZATION AFFILIATED WITH AN EDUCATIONAL INSTITUTION IS EXEMPT.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3551 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 673 -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT SUCH LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SUN CITY THIS EXIT" AND THAT THESE SIGNS SHALL BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR THE INTERSECTION WITH HIGHWAY 278 IN JASPER COUNTY, AND IN CERTAIN LOCATIONS ON STATE ROADS 170 AND 278 IN BEAUFORT COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 638 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 4, 1997, AND FRIDAY, DECEMBER 5, 1997, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4049 -- Rep. D. Smith: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF PHILLIP RAY WILSON OF SPARTANBURG, ATHLETIC DIRECTOR AT SPARTANBURG HIGH SCHOOL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4050 -- Rep. Wilkins: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 79 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE BOARD OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Referred to Committee on Education and Public Works.
H. 4051 -- Rep. Cromer: A BILL TO AMEND ARTICLE 5, CHAPTER 15, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-325 RELATING TO ABSENTEE VOTING SO AS TO PROVIDE FOR ELECTRONIC TRANSMISSION OF ELECTION MATERIAL, EXPAND THE USE OF THE FEDERAL WRITE-IN ABSENTEE BALLOT, AUTHORIZE UNITED STATES CITIZENS WHO ARE NOT RESIDENTS OF THIS STATE TO VOTE IN ELECTIONS FOR FEDERAL OFFICES, AND AUTHORIZE THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION TO DESIGNATE ALTERNATIVE METHODS FOR HANDLING ABSENTEE BALLOTS.
Referred to Committee on Judiciary.
H. 4052 -- Reps. Townsend, Martin, Jordan and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-945 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOT REMOVE CERTAIN TRAFFIC-CONTROL SIGNALS IN ANDERSON COUNTY WITHOUT THE UNANIMOUS CONSENT OF THE COUNTY'S LEGISLATIVE DELEGATION.
Referred to Committee on Education and Public Works.
H. 4053 -- Ways and Means Committee: A BILL TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY FROM ESTATES OF CERTAIN INDIVIDUALS FOR MEDICAL ASSISTANCE, SO AS TO ESTABLISH CONDITIONS FOR UNDUE HARDSHIP UNDER WHICH SUCH RECOVERY MUST BE WAIVED UNTIL THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ESTABLISHES CRITERIA.
Without reference.
H. 4054 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4055 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4056 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2167, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4057 -- Reps. J. Brown, M. Hines, Inabinett, Scott, Moody-Lawrence, Mack, Byrd, Rhoad, Riser and Davenport: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 SO AS TO ENACT THE MENTALLY ILL OFFENDER ACT TO PROVIDE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS INCLUDING REQUIRING THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP A MENTALLY ILL OFFENDER PROGRAM AND TO PROVIDE FOR THE COMPONENTS OF THE PROGRAM; TO AMEND SECTION 44-23-210, AS AMENDED, RELATING TO TRANSFER OF CONFINED PERSONS TO OR BETWEEN MENTAL HEALTH OR MENTAL RETARDATION INSTITUTIONS, SO AS TO EXEMPT PATIENTS COMMITTED TO A MENTALLY ILL OFFENDER PROGRAM; TO AMEND SECTION 44-23-410, AS AMENDED, RELATING TO DETERMINATION OF THE CAPACITY OF A PERSON TO STAND TRIAL FOR A CRIMINAL OFFENSE, SO AS TO AUTHORIZE THE COURT TO ACT ON ITS OWN MOTION; TO AMEND SECTION 44-23-420, RELATING TO DESIGNATED EXAMINERS' REPORTS, SO AS TO DELETE EXISTING PROVISIONS AND TO PROVIDE THAT COMPETENCY PROVISIONS OF THIS ACT APPLY; TO AMEND SECTION 44-23-460, RELATING TO PROCEDURES WHEN A PERSON CHARGED WITH A CRIME NO LONGER REQUIRES HOSPITALIZATION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PATIENTS COMMITTED TO A MENTALLY ILL OFFENDER PROGRAM; AND TO REPEAL SECTION 44-23-430, RELATING TO FITNESS TO STAND TRIAL; AND CHAPTER 24, TITLE 17, RELATING TO MENTALLY ILL OR INSANE DEFENDANTS.
Referred to Committee on Judiciary.
H. 4058 -- Rep. D. Smith: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DEVELOP A "MOTORIST'S BILL OF RIGHTS" AND TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS ON THIS MATTER BY THE FIRST DAY OF THE 1998 SESSION OF THE GENERAL ASSEMBLY TO THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE SENATE TRANSPORTATION COMMITTEE .
Referred to Committee on Education and Public Works.
H. 4059 -- Reps. Vaughn, Kelley, Young-Brickell, Mason, Campsen, McKay, Limbaugh, Robinson, Rice, Allison, Haskins, Jordan, Leach, Sandifer, Barrett, Rodgers, Tripp, Lanford and Davenport: A BILL TO AMEND TITLE 8, CHAPTER 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO PROVIDE THAT ALL STATE EMPLOYEES HIRED AFTER DECEMBER 31, 1997, BE CONSIDERED UNCLASSIFIED EMPLOYEES, TO PROVIDE EXCEPTIONS; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO INCLUDE EMPLOYEES HIRED AFTER DECEMBER 31, 1997.
Referred to Committee on Ways and Means.
H. 4060 -- Reps. Hinson, Seithel, Barrett, Bailey, Sandifer, Inabinett, Meacham, Campsen, Kelley, McMaster, Byrd, Keegan, Cotty, J. Brown, Davenport, Hamilton, Simrill, Vaughn, Dantzler, Limehouse, Leach, Whatley, Gamble and Wilkes: A BILL TO AMEND ARTICLE 41, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS OF THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5545 SO AS TO PROVIDE FOR DIRECT DEPOSIT OF STATE INCOME TAX REFUNDS.
Referred to Committee on Ways and Means.
H. 4061 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 16 SO AS TO PROVIDE FOR THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT AND TO PROVIDE DEFINITIONS, PENALTIES, AND SEIZURE PROCEDURES.
Referred to Committee on Judiciary.
H. 4062 -- Rep. Harrison: A BILL TO AMEND SECTION 59-121-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL, SO AS TO REVISE THE AGE LIMITATION WITH RESPECT TO ELIGIBILITY FOR ELECTION.
On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4063 -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 47 -- Senators Holland and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1997 BY AMENDING SECTION 44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR "THE DATE RAPE DRUG", AS A SCHEDULE III CONTROLLED SUBSTANCE; BY AMENDING SECTION 44-53-370, AS RELATING TO DRUG OFFENSES, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES; AND BY AMENDING SECTION 16-1-90, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.
Referred to Committee on Judiciary.
S. 575 -- Senator Ryberg: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE THE FIVE-YEAR LIMIT ON THE EXEMPTION ALLOWED PROPERTY ACQUIRED BY NONPROFIT ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR DISADVANTAGED PERSONS.
Referred to Committee on Ways and Means.
S. 619 -- Senators Ryberg and Moore: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT VETERINARIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF TANGIBLE PERSONAL PROPERTY SOLD TO THE VETERINARIAN WHETHER USED IN THE RENDERING OF PROFESSIONAL SERVICES OR SOLD BY THE PRACTICE NOT AS PART OF A PROFESSIONAL SERVICE.
Referred to Committee on Ways and Means.
S. 622 -- Senator Drummond: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RETAIN AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEAR 1996-1997.
Referred to Committee on Ways and Means.
S. 653 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF COSMETOLOGY, RELATING TO QUALIFICATIONS AND PROVISIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following was introduced:
H. 4064 -- Reps. McMahand and F. Smith: A CONCURRENT RESOLUTION TO COMMEND DR. JOHN T. BERRY OF GREENVILLE, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PASTORS, UPON HIS ELECTION AS MODERATOR OF THE ENOREE RIVER BAPTIST ASSOCIATION AND FOR HIS SERVICE AS THE HOST OF THE STATE USHERS AUXILIARY OF THE BAPTIST EDUCATION MISSIONARY CONVENTION TO BE HELD IN GREENVILLE IN MAY, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 22.
William D. Witherspoon Michael E. Easterday Richard M. Quinn, Jr. Ralph W. Canty Timothy C. Wilkes Alfred B. Robinson, Jr. Joe McMaster
STATEMENT RE ATTENDANCE
Rep. HARRY R. ASKINS signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 22.
The SPEAKER granted Rep. RHOAD a leave of absence for the week due to business reasons.
The SPEAKER granted Rep. BAXLEY a leave of absence for the week to participate in the U.S. State Department American Council of Young Political Leaders exchange program for the United States to the countries of Hungary and Poland.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4040 -- Reps. Kinon, M. Hines and Jennings: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND ENDING JUNE 30, 1998.
H. 4041 -- Rep. Jennings: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY SPECIAL ELECTION CALLED BY THE BOARD RATHER THAN BY AN APPOINTMENT MADE BY THE BOARD.
H. 3788 -- Reps. Wilder, Stoddard and Carnell: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES THROUGH SCHOOL YEAR 2000-01 BY UP TO TEN MILLS A YEAR INCLUDING ANY MILLAGE SUFFICIENT TO MEET STATE-IMPOSED MAINTENANCE OF LOCAL EFFORT REQUIREMENTS, TO PROVIDE FOR FULL FISCAL AUTONOMY FOR THESE BOARDS FOR THE IMPOSITION OF SCHOOL TAXES FOR SCHOOL YEARS AFTER 2000-01, TO REQUIRE A "POSITIVE MAJORITY" OF THESE BOARDS TO APPROVE THE ANNUAL SCHOOL MILLAGE, AND TO DEFINE "POSITIVE MAJORITY".
The following Bill was taken up.
H. 3174 -- Reps. Knotts and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHARTER LIMOUSINE" LICENSE PLATES.
Rep. TOWNSEND proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA\4474JM.97), which was adopted.
Amend the bill, as and if amended, by striking subsection (B) of Section 56-3-5300, SECTION 1, and inserting:
/(B) The biennial fee for this special license plate is fifty dollars which must be remitted to the Department of Public Safety. This special license plate fee shall be in addition to the regular motor vehicle registration fee./
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, April 23, which was adopted.
H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3328 -- Rep. Sharpe: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO PROVIDE FOR THE TOTAL AVERAGE WEEKLY WAGE OF MEMBERS OF ORGANIZED VOLUNTEER HAZARDOUS MATERIALS-SPILL RESPONSE TEAMS AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Rep. LAW explained the Bill.
H. 3628 -- Reps. Kelley, Harrison, Davenport, Allison, Keegan and Hodges: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION BY ADDING ARTICLE 5 SO AS TO REQUIRE THAT THE NAME OF A DEFENDANT CONVICTED FOR AN OFFENSE BASED ON CHILD SEXUAL OR PHYSICAL ABUSE BE ENTERED IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT MAINTAINED BY THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE PROCEDURES FOR ENTERING THE NAME OF A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO CHILD ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO REQUIRE THE NAME OF A PERPETRATOR OF SUCH ABUSE OR NEGLECT IMMEDIATELY TO BE ENTERED ON THE CENTRAL REGISTRY UPON A FINDING OF THE ABUSE OR NEGLECT AND TO PROVIDE NOTICE REQUIREMENTS AND PROCEDURES FOR APPEAL; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROCEDURES FOR MAINTAINING INFORMATION ON THE REGISTRY.
Rep. YOUNG explained the Bill.
H. 3408 -- Rep. D. Smith: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION APPLICATION AND PARTICIPATION FEES, SO AS TO INCREASE THE APPLICATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS AND TO INCREASE THE AGGREGATE FEES FOR APPLICATION AND PARTICIPATION FROM THREE HUNDRED DOLLARS TO THREE HUNDRED FIFTY DOLLARS.
Rep. HARRISON explained the Bill.
The following Bill was taken up.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Rep. SCOTT requested debate on the Bill.
Rep. CATO moved to adjourn debate upon the Bill until Wednesday, April 23, which was adopted.
The following Bill was taken up.
H. 3677 -- Rep. Klauber: A BILL TO AMEND CHAPTER 1, TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER BY DELETING CERTAIN LANGUAGE AND PROVISIONS, ADDING NEW PROVISIONS, AND PROVIDING, AMONG OTHER THINGS, FOR DEFINITIONS FOR THE TERMS "FEDERAL COVERED ADVISER" AND "FEDERAL COVERED SECURITY", THAT INVESTIGATIVE RECORDS AND COMPLAINTS FILED WITH THE SECURITIES COMMISSIONER ARE NOT CONSIDERED PUBLIC INFORMATION BUT ISSUED ORDERS, INCLUDING CERTAIN COMPLAINTS, ARE CONSIDERED PUBLIC RECORDS, THAT CERTAIN BROKER-DEALERS ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF SECTION 35-1-410, THAT CERTAIN ACTIVITY IS UNLAWFUL, THAT EVERY INVESTMENT ADVISER REGISTRATION OR NOTICE FILING EXPIRES TWO YEARS FROM ITS EFFECTIVE DATE UNLESS RENEWED, THAT REGISTRATION OF AN INVESTMENT ADVISER AUTOMATICALLY CONSTITUTES REGISTRATION OF ANY INVESTMENT ADVISER REPRESENTATIVE WHO IS A PARTNER, OFFICER, OR DIRECTOR OR A PERSON OCCUPYING A SIMILAR STATUS OR PERFORMING SIMILAR FUNCTIONS, FOR CHANGES IN CERTAIN FEES, THAT THE SECURITIES COMMISSIONER MAY REQUIRE, WITH RESPECT TO INVESTMENT ADVISERS, THAT CERTAIN INFORMATION BE FURNISHED OR DISSEMINATED AS NECESSARY OR APPROPRIATE IN THE PUBLIC INTEREST OR FOR THE PROTECTION OF INVESTORS AND ADVISORY CLIENTS, FOR NOTICE FILINGS FOR FEDERAL COVERED SECURITIES, THAT UNLESS PROHIBITED BY RULE OR ORDER OF THE SECURITIES COMMISSIONER, AN INVESTMENT ADVISER REGISTERED UNDER THE INVESTMENT ADVISERS ACT OF 1940 MAY TAKE OR RETAIN CUSTODY OF SECURITIES OR FUNDS OF A CLIENT, AND THAT THE SECURITIES COMMISSIONER MAY REFER AVAILABLE EVIDENCE CONCERNING VIOLATIONS OF THIS CHAPTER OR OF ANY RULE OR ORDER UNDER THIS CHAPTER TO THE APPROPRIATE DIVISION OF THE ATTORNEY GENERAL'S OFFICE OR OTHER APPROPRIATE PROSECUTION, LAW ENFORCEMENT, OR LICENSING AUTHORITIES WHO MAY INSTITUTE THE APPROPRIATE PROCEEDINGS UNDER THIS CHAPTER.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9358JM.97), which was adopted.
Amend the bill, as and if amended, in SECTION 1, by striking Section 35-1-20(4), as contained on lines 19 through 24 on page 3, and inserting:
/(4) 'Federal covered adviser' means a person who is registered under Section 203 of the Investment Advisers Act of 1940, except that, until October 10, 1999 or such date as may be legally permissible, a federal covered adviser for which a fee has not been paid as required by this chapter or promptly remedied shall not be a federal covered adviser./
Amend further, in SECTION 1, by striking Section 35-1-480(C)(3), as contained on line 17 on page 21, and inserting:
/(3) investment adviser: four hundred dollars;/.
Amend further, SECTION 1, by striking Section 35-1-580, as contained on lines 40 through 42 on page 27 and lines 1 through 4 on page 28, and inserting:
/Section 35-1-580. No order may be entered under any part of Sections 35-1-520 to 35-1-570 or Section 35-1-1475 except the first sentence of Section 35-1-550 without (a) appropriate prior notice to the applicant or registrant, as well as the employer or prospective employer if the applicant or registrant is an agent or investment adviser representative, (b) opportunity for hearing, and (c) written findings of fact and conclusions of law./
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted.
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
The following Bill was taken up.
H. 3606 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS AMENDED, 44-96-80, 44-96-110, 44-96-120, AS AMENDED, 44-96-130, 44-96-140, AS AMENDED, 44-96-160, AS AMENDED, 44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350, AND 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991", SO AS TO, AMONG OTHER THINGS, CHANGE THE DEFINITIONS OF "RECOVERED MATERIALS", "RECOVERED MATERIALS PROCESSING FACILITY", AND "USED OIL", DELETE THE FEE OF TEN DOLLARS A TON ON SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA, MAKE CHANGES REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, CHANGE THE PROVISIONS REGARDING THE PURPOSES OF THE SOLID WASTE MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC NOTICE OF THE SUBMITTAL OF A SITE HYDROGEOLOGIC CHARACTERIZATION REPORT FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR FOR A LATERAL EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; AND TO REPEAL SECTION 44-96-230, RELATING TO THE REQUIREMENT THAT THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING ESTABLISH AND HAVE TRADEMARKED A STATE RECYCLING SYMBOL.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9275JM.97), which was adopted.
Amend the bill, as and if amended, SECTION 10, page 9, by striking Section 44-96-160(B) and inserting:
/(B) No person shall knowingly dispose of used oil filters in a landfill after July 1, 1999, unless the filter has been crushed./
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. SHARPE explained the Bill.
Rep. TROTTER requested debate on the Bill.
Rep. SHARPE continued speaking.
Rep. PHILLIPS requested debate on the Bill.
Rep. SHARPE continued speaking.
Reps. COOPER, SANDIFER, BARRETT, WEBB, LAW, McCRAW and WHATLEY requested debate on the Bill.
The following Bill was taken up.
H. 3607 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991 AND THE STATE SOLID WASTE ADVISORY COUNCIL, SO AS TO, AMONG OTHER THINGS, INCREASE THE MEMBERSHIP OF THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF OFFICE, AND DELETE THE PROVISION REGARDING EXPIRATION OF THE EXISTENCE OF THE COUNCIL; TO AMEND SECTION 44-96-100, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITH A REGULATION OR BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL ENFORCEMENT ACTION UNDER CERTAIN CIRCUMSTANCES, THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL PENALTIES, AND THAT WILFUL VIOLATION OF CERTAIN REGULATIONS IS A MISDEMEANOR; AND TO AMEND SECTIONS 44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS GOVERNING WASTE MANAGEMENT, SO AS TO DELETE REFERENCE TO "ARTICLE" AND SUBSTITUTE "CHAPTER" THEREFOR.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1073JM.97), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 2, Section 44-96-60(C)(1), line 23, by striking /or employees/. Section 44-96-60(C)(1), when amended, shall read:
/(1) thirteen fourteen members appointed by the Governor which shall include one member to represent the Governor; one member two members to represent manufacturing interests; one member to represent the retail industry; two members to represent the solid waste disposal industry; one member to represent existing private recycling industry; two members to represent the general public; three members to represent county governments to be recommended by the South Carolina Association of Counties, one shall represent a county with a population of 50,000 or less, one shall represent a county with a population more than 50,000 and up to 100,000, and the final county representative shall represent a county with a population over 100,000; two members shall represent municipalities to be recommended by the South Carolina Municipal Association; one member shall represent Regional Solid Waste Authorities, to be recommended by the South Carolina Council of Regional Governments; county, regional and municipal representatives who are elected officials shall serve ex-officio./
Amend further, by adding the following appropriately-numbered SECTION to read:
/SECTION _______. Section 44-96-190(D) of the 1976 Code, as added by Act 63 of 1991 and amended by Act 450 of 1992, is further amended to read:
"(D) Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept at the gate loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris before disposal in the landfill or contracts for the composting of such waste at the facility."/
Renumber sections to conform.
Amend title to conform.
Rep. SHARPE 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. 3619 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20422SD.97).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-29. It is unlawful to hunt migratory waterfowl on Lake Wateree within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Wateree includes the area from Wateree Dam upstream to the Cedar Creek and Rock Creek Power Plant Dam. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. SHARPE having the floor.
The Senate amendments to the following Bill were taken up.
H. 3139 -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Wednesday, April 23, which was adopted.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3506 -- Reps. Wilkins, Sharpe, Cobb-Hunter, Harrison, Cooper, Campsen and Hodges: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND AGENCIES, BOARDS, AND COMMISSIONS TRANSFERRED TO THE DEPARTMENT PURSUANT TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT THE COASTAL COUNCIL MAY BE RELOCATED WITHIN THE DEPARTMENT BUT MUST CONTINUE AS AN ORGANIZATIONAL UNIT AND AT OR ABOVE THE BUREAU LEVEL.
The following Concurrent Resolution was taken up.
H. 3744 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Whereas, it is estimated that one out of every ten babies born in the United States is exposed to cocaine in the womb; and
Whereas, the cost of delivery of a "crack baby" can cost $750,000 or more; and
Whereas, according to the General Accounting Office, one crack baby can result in a lifetime cost of $1 million dollars in medical and educational needs; and
Whereas, these issues require further study to develop a comprehensive approach. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That a study committee be appointed to study the treatment, commitment, and prosecution of mothers of drug impaired infants and related issues including, but not limited to, a review of Title 44 of the South Carolina Code of Laws, and propose a comprehensive approach to this problem. The committee is composed of the Attorney General, the head of the prosecution section of the Attorney General's Office, the president of the South Carolina Solicitors Association, the president of the South Carolina Medical Association, the president of the South Carolina Hospital Association, the president of the South Carolina Law Enforcement Officers Association, one member of the Senate Judiciary Committee appointed by the President Pro Tempore, one member of the House Judiciary Committee appointed by the Speaker of the House of Representatives, one member of the Senate Medical Affairs Committee appointed by the President Pro Tempore, one member of the House Medical, Military, Public and Municipal Affairs Committee appointed by the Speaker, the director of the Department of Health and Environmental Control or the director's designee, the director of the Department of Alcohol and Other Drug Abuse Services or the director's designee, the director of the Department of Social Services or the director's designee, the Chief of the South Carolina State Law Enforcement Division or his designee.
The committee shall submit its report and recommendations to the General Assembly as soon as possible but no later than the beginning of the 1998 legislative session at which time the committee is dissolved. The committee must be staffed by personnel designated by the Speaker of the House of Representatives from the House staff and personnel designated by the President Pro Tempore from the Senate staff.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. J. BROWN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4065 -- Reps. Canty, G. Brown, Neal, Woodrum and Young: A CONCURRENT RESOLUTION TO CONGRATULATE NEW COVENANT PRESBYTERIAN CHURCH (USA) OF SUMTER COUNTY ON THE OCCASION OF THE DEDICATION OF ITS NEWLY CONSTRUCTED SANCTUARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4066 -- Rep. Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE COACH PHIL SAVITZ, HEAD COACH OF IRMO HIGH SCHOOL BOYS' SOCCER TEAM, FOR HIS LONG TENURE AND NOTEWORTHY ACHIEVEMENTS IN HIGH SCHOOL SOCCER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4045 -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT MARTHA HUNT OF THE GEORGETOWN COUNTY SHERIFF'S DEPARTMENT FOR HER RECEIPT OF THE 1997 SILVER SCALES OF JUSTICE CRIMINAL JUSTICE AWARD FROM THE SOUTH CAROLINA VICTIM ASSISTANCE NETWORK.
H. 4046 -- Rep. Miller: A CONCURRENT RESOLUTION TO COMMEND JOHN M. HILLIARD III, SPECIAL PROSECUTOR FOR THE FIFTEENTH CIRCUIT, FOR HIS RECOGNITION BY THE SOUTH CAROLINA VICTIM ASSISTANCE NETWORK AS A WINNER OF THE 1997 SILVER SCALES OF JUSTICE CRIMINAL JUSTICE AWARD.
At 12:55 P.M. the House in accordance with the motion of Rep. KINON adjourned in memory of former Representative Jewel P. McLaurin of Dillon, to meet at 10:00 A.M. tomorrow.
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