South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

Tuesday, May 2, 1989
(Statewide Session)

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:

O unseen but ever present God, with eyes focused on Your truths which no earth-born cloud can dim, we lift our eyes from the valley of service to the hills from which comes our help to stab the horizons with great and glorious force. In all and above all, make steadfast within us an unwavering faith which seizes challenges and opportunities as the materials for courage and victory. As we minister here for Your people, save us from self-pity, self-indulgence, and self-deceit. In the strength of Your beckoning, make us strong to endure that we neither faint nor fear.

And to You, good Lord, we give our praise and thanksgiving. 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.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 25, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1133)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 25, 1989 regulations concerning New Medicaid Coverage from the State Health and Human Services Finance Commission.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 25, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1108)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 25, 1989 regulations concerning Undergound Storage Tank Control from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 26, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1140)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 26, 1989 regulations concerning Beach Restoration Fund Application Procedures and Criteria from the South Carolina Coastal Council.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 26, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1130)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 26, 1989 regulations concerning Rules of Procedure from the South Carolina Occupational Health and Safety Review Board.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 28, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1111)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 28, 1989 regulations concerning Data Reporting and Determination of Excess Profits from the South Carolina Department of Insurance.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 1, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1129)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on May 1, 1989 regulations concerning Continuing Education and Fees from the State Board of Registration for Foresters.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS
WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 26, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1100)

House of Representatives

Dear Mrs. McKinney:

The South Carolina Real Estate Commission is hereby withdrawing regulations concerning advertising, credit reports, closing statements, trust accounts, and earnest money deposits. Also concerns licensure requirements of nonresident brokers, salesmen and property managers and licensing of nonresidents (Regulation No. 1100). They are simultaneously resubmitting regulations concerning advertising, credit reports, closing statements, trust accounts, earnest money deposits, age requirements, office signs, display of license, examination, management agreements, and licensure requirements of nonresident brokers, salesmen and property managers. This regulation was referred to the Committee on Labor, Commerce and Industry.

Sincerely,
Robert J. Sheheen

Received as information.

REPORT RECEIVED

The following was received.

JOINT LEGISLATIVE COMMITTEE ON ENERGY

May 2, 1989
The Honorable Robert J. Sheheen
Speaker
House of Representatives
State House
Columbia, South Carolina, 29201

Dear Mr. Speaker and Members of the House:

Enclosed is an interim report on the activities of the Solid Waste Task Force established by Concurrent Resolution H. 4150, 1988 Legislative Session.

The Task Force will complete its study of solid waste disposal in South Carolina by January 31, 1990 and submit its recommendations to the General Assembly for consideration during that Session.

Respectfully,
Thomas L. Moore
Chairman

SOLID WASTE MANAGEMENT
IN
SOUTH CAROLINA
INTERIM REPORT BY
SOLID WASTE TASK FORCE
TO THE
GENERAL ASSEMBLY
SENATOR TOM MOORE, CHAIRMAN
REP. HARRIET KEYSERLING, VICE CHAIRMAN
APRIL 1989
Solid Waste Task Force

The Solid Waste Task Force was authorized and established through the passage of Concurrent Resolution H.4150 during the 1988 Legislative Session. The Resolution called for a final report to the General Assembly no later than March 31, 1989. Due to the enormousness and complexity of the task, the Task Force requested an extension of the deadline until January 31, 1990, through passage of Concurrent Resolution S. 511.

The Task Force consists of seventeen members, composed of five members appointed by the Speaker of the House, five members appointed by the President of the Senate, and three members appointed by the Governor. One member is appointed by the South Carolina Association of Counties to represent county governments, one member is appointed by the South Carolina Municipal Association to represent municipalities, the Consumer Advocate, and one member to represent the Department of Health and Environmental Control.

The appointees serving on the Committee are:

President of Senate Appointees

Senator Tom Moore, Chairman     Rep. Mike Baxley
P. O. Box 684         P. O. Box 1439
Clearwater, SC 29822         Hartsville, SC 29550

Senator John Drummond     Mr. Lonnie Hamilton
P. O. Box 748         Charleston Co. Council
Greenwood, SC 29646         4304 Waterview

Charleston, SC 29418
Senator Sam Stilwell
405 Pettigru Street
Greenville, SC 29601

House Speaker's Appointees

Mr. Bobby E. Cooper         Rep. C. Lenoir Sturkie
P. O. Box 925         625 Ramblin Road
Lugoff, SC 29078         West Columbia, SC 29169

Rep. Harriet H. Keyserling     Mr. Lynn Cooper
P. O. Box 1108         Michelin Tire Corp.
Beau fort, SC 29902         P. O. Box 2846

Greenville, SC 29602
Rep. Douglas McTeer
P. O. Box 97
Early Branch, SC 29916

Governor's Appointees

Mr. Kellum W. Allen, Atty.     Mr. John McMillan
1700 Sunset Boulevard         Gov.'s Div. of Energy,
P. O. Box 5709         Agric. & Natural Res.
West Columbia, SC 29171     P. O. Box 11369

Columbia, SC 29211

Mr. Bill Vogel         Mr. Jeff Lee
Bowater, Inc.         Gov.'s Div. of Energy,
200 Camperdown Way         Agric. & Natural Res.
Greenville, SC 29602         P.O. Box 11369

Columbia, SC 29211

(Alt. to John McMillan)

Legislative Appointees

Mr. Hartsill Truesdale         Mr. Howard Duvall
Department of Health and     Municipal Assoc. of S.C.
Environmental Control         P. O. Box 12109
2600 Bull street     Columbia, SC 29211
Columbia, SC 29201

Mr. Steve Hamm         Mr. Robert M. Haynie
S.C. Depart. of Consumer     Manager

Affairs         Greenwood County
P.O. Box 5757         County Court House
Columbia, SC 29250-5757     Room 203

Greenwood, SC 29646

The Task Force known as the Legislative Task Force to study Alternatives to Landfill Disposition of Solid Waste was charged with the responsibility of undertaking a study and analysis of:

(1) problems associated with landfill disposition of solid waste; and

(2) all alternative methods of solid waste disposition that reduce or eliminate the need for landfill disposition, including but not limited to:

(a) use of waste to produce energy;

(b) recycling of waste products, especially products that provide energy conservation;

(c) forms of packing, including biodegradable packaging;

(d) reduction of waste generated;

(e) tax and other financed incentives to promote disposition alternatives.

The following summary of Solid Waste Disposal issues and activities of the Task Force to date is to serve as an interim report to the General Assembly. The summary will provide the members of the General Assembly and interested parties an overview of the immensity and complexity of disposing of solid waste in an environmentally sound manner. Solid waste disposal management issues are not easily resolved and involve much more than just recycling or implementing taxes or fees to solve the many policy issues.

Solid Waste Disposal

National Overview

Nationally, Americans generate nearly 160 million tons of residential and commercial waste yearly. This figure is expected to reach 193 million tons by the year 2000 and does not include industrial waste estimated at 90 million tons yearly.

Today, 3.5 pounds of solid waste is generated daily by each American, or over half a ton per year for every man, woman, and child. This is expected to increase to 3.90 pounds per day by the year 2000.

According to EPA our waste stream on the average, is composed of the following:

Paper and paper board         41.%
Glass         8.2%
Metals         8.7%
Plastics         6.5%
Rubber & leather         2.6%
Wood         3.7%
Food waste         7.9%
Yard waste         17.9%
Other         3.6%

Throughout the country, states and local communities are facing reduced landfill capacities and are experiencing environmental difficulty in siting new landfills. Currently, many states are having to ship their refuse out of state for disposal due to lack of landspace and high water tables. Connecticut has calculated that most of the states' landfills can operate only two more years. By 1996, New York State will reach their landfill capacity and will close.

Adding to the plight of local communities is disposing of solid waste is EPA's proposed New Subtitle D Regulations which are expected to substantially increase the costs of landfill disposal. Primary increases will be in predevelopment, construction, and closing costs.

To cope with the ever increasing amount of solid waste and to reduce costs to the environment, states are turning to mandatory source reduction, recycling, waste-to-energy and procurement legislation. Presently, nine states have mandatory recycling with goals of 25 to 35% by 1992 with 11 states requiring beverage container recycling. Eighteen states have packaging restrictions (source reduction) while seven states have composting requirements for leaves and yard waste disposal. Twenty-two states have included recyclable products in their procurement legislation.

To assist local communities in meeting recycling mandates, 34 states provide technical assistance while 33 states provide some form of financial assistance. Twenty-seven states provide public education on solid waste management and twenty-two states assist in market development for recyclable products. Fourteen states have state-wide management plans, with Oregon, New York, Illinois, California, New Jersey, Connecticut, Florida, and Maryland having the most stringent legislation. (Renew America 1989.)

South Carolina Overview

The solid waste disposal problem is no different in South Carolina than in other parts of the country, except South Carolina is one of 12 states without a solid waste management plan according to Renew America. Throughout the State, local governments are facing a continuing problem of solid waste disposal. Of the State's 76 landfills, nine are full, or nearly full and will close within a few years. These include Aiken, Clarendon, Darlington, Fairfield, Georgetown, Greenwood, Lee, Horry, and Williamsburg Counties.

Compounding the States' problem of solving its own waste disposal dilemma, the State's current laws, or lack of laws presents other states with an opportunity to dump their wastes in local commercial landfills. Current regulations are lax and make South Carolina a prime target for out-of-state shipments of solid waste.

Further compounding the waste disposal problem in South Carolina and other states is the practice of local governments not properly accounting for the actual costs of disposing of waste, with local solid waste fees not including realistic administrative, transportation, tipping fees and landfill development costs. Solid waste disposal costs are often subsidized through property and other taxes, thus not taxing local citizens with the actual cost of disposing of their weekly accumulation of trash. To finance future waste disposal management plans in South Carolina, as in other states, disposal costs will probably need to increase to actual disposal costs to provide funding as well as incentives for waste reduction. Too, nationally the cost of trash disposal is increasing rapidly. Between 1987 and 1988, average tipping fees increased 30% from $20.36 to $26.93 a ton for landfills. In South Carolina (Spartanburg) landfill tipping fees were only $4.75 a ton according to Waste Age. The average in the South was $12.27.

To implement a comprehensive mandatory solid waste management plan through legislation in South Carolina, substantial changes will be needed in current lifestyles on waste disposal practices and the financing of the mandatory changes. These changes, as in other states, will require greater environmental awareness and participation on the part of all citizens and increased taxes and fees to finance additional local solid waste disposal costs.

Solid Waste Management Policy Issues

Task Force Subcommittees are currently reviewing and accumulating data on Solid Waste Management Policy issues that will be the basis for developing future recommendations on this State's Policy. These issues have proven to be quite complicated and involved and will, undoubtedly have far reaching effects upon the future disposal of wastes in South Carolina. Of utmost importance to the citizens of this State and the ultimate success of the policy adopted is whether the policies will be mandatory or voluntary, and to the degree they will be readily accepted by the citizens with the associated costs involved.

The Task Force soon determined that a comprehensive solid waste management policy would need to consist of more than a simple mandate on recycling or disposal fees. These waste management policy issues include the following broad areas:

A. Volume reduction at source
B. Recycling and reuse
C. Combustion with energy recovery
D. Combustion for volume reduction
E. Disposal in landfills

So that all the policy issues could be properly addressed, the three Subcommittees, Other states Approach, Current South Carolina Conditions and Technologies and Alternatives were assigned certain broad areas to research and provide information and data to the Task Force and General Assembly. These policy review assignments include the following:

Subcommittee on Other States Approach - John McMillan Chairman

1. Research potential financing sources for implementing proposed South Carolina solid waste disposal policies.

A. Imposing statewide tax, per ton, on all solid waste disposed at landfills.

B. Increasing local collection fees.

C. research existing South Carolina and local authority to issue tax-exempt bonds.

D. Research and evaluate existing State laws and policies which might impact resource recovery.

E. Use of oil overcharge funds and amount available to finance economic feasibility studies and purchase of equipment and implementation of solid waste management program.

F. Sale of recovered energy to new industry or electricity to utilities or local municipalities.

G. Imposing fees on original purchase of tires, batteries, oil and etc. to finance disposal of such products.

H. Deposits and refunds on bottle containers.

2. Provide information on minimum amount of funding that would be required to implement a comprehensive state-wide waste management program requiring recycling along with source reduction, and incineration based upon experience of other states.

3. Private vs. local government operation of landfills, recycling programs, etc.

Subcommittee on Current South Carolina Conditions - Senator Sam Stilwell, Chairman

1. Current South Carolina Solid Waste Management Practice

A. amount of municipal solid waste received (yearly).

B. Source of waste (cities and counties)(Location of landfills).

C. Remaining capacity of landfills.

D. Tipping fees.

E. Plans for new or expanded facilities.

F. Local monthly collection fees for residential and commercial.

G. Materials recovered at facilities (plastics, paper, glass, etc.).

H. Solid Waste (if any) disposed in other states.

2. Potential Resource Recovery (Solid Waste Composition).

A. Determine composition and amount of solid waste generated.

1. Secondary Fibers

2. Plastics

3. Glass

4. Non-Ferrous Metals

5. Ferrous Materials

6. Yard Prunings and Clippings

7. Other Materials

B. Determine current solid waste disposal methods.

1. Sanitary Landfill

2. Transfer Stations

3. Incinerators

4. Material Recovery

5. Demolition Landfill

6. Special Waste Facilities

7. Energy Recovery

Subcommittee on Technologies and Alternatives - Representative Harriet Keyserling, Chairman

1. Determine potential markets and locations for secondary (recyclable) materials and recovered energy.
2. Determine optimum market conditions necessary to make resource recovery feasible in South Carolina.
3. Determine minimum revenue income needed from sale of recyclable materials under optimum market conditions.
4. Determine implementation costs for various alternatives for recycling, incinerating, energy recovery, and new landfill costs.
5. Evaluate possible waste reduction practices and potential to reduce, or avoid, or eliminate generation of solid waste.
6. Determine potential need for financing mechanisms.

A. Providing grants for regional processing/marketing facilities for secondary recoverable materials.

B. Providing recycling tonnage grants to cities and counties based upon specified secondary materials recovered from waste streams.

C. Financial support for large scale collection of plastics, aluminum, glass, and paper pilot project.

D. Providing local governments with technical assistance for waste minimization, materials recovery, etc.

E. Providing SWM education materials.

F. Developing statewide information data system.
7. Review Waste Reduction Policy Issues.

A. Regulatory Options

B. Financial Incentives/Disincentives

C. Research and Education

D. Reducing Packaging Waste

E. Deposits and Refunds

F. Industrial Waste Reduction

Based upon the research and information provided by the Subcommittees, as well as information obtained through a series of future public hearings in different areas of the State, the Task Force will develop the recommended States' policy on the following issues:

1. Voluntary vs. Mandatory Recycling
2. Curbside Collection vs. Central Collection Centers
3. Products to Recycle
4. Recycling Goals - Source Reduction
5. Incentives/Disincentives
6. Financing fees on disposal of tires, batteries, oil, etc.
7. Collection Fees
8. Deposits and Refunds
9. Marketing of Recovered Material and Energy
10. Private vs. Local Government Operation of Landfills
11. Incineration - Waste-to-Energy

Subcommittee Reports

Current South Carolina Conditions

The Subcommittee has held meetings in conjunction with each meeting of the full committee, and through staff assistance has obtained information on the following solid waste issues:

A. Listing of all solid waste sites permitted in the State;

B. Reviewed the current South Carolina Solid Waste Regulations and proposed regulations;

C. Reviewed proposed Federal Solid Waste Regulations and staff comments;

D. Reviewed responses obtained from Subcommittee questionnaire concerning present waste disposal practices.

In reviewing the results of the questionnaire it was evident that the majority of the landfills operated in the State are owned and operated by the counties. The questionnaire was directed to the counties and to date, responses have been received from .37 of the 46 counties.

Of primary concern to the Subcommittee was the responses received on (1) amount of solid waste received (2) remaining capacity of landfills and (3) current status of recycling programs. A summary of these responses follows:

Amount of Solid Waste Received

From the responses available the amount of solid waste, received in the county landfills varies substantially, obviously depending on the size of the county. It is obvious from the responses that some of the counties have no valid way of measuring the total amount of waste disposed of in their facility and, for that reason, have no way of gaging the longevity of their current facility. One county indicated that it received 19,800 tons of solid waste per week at its landfill while others received as low as 200 tons per week. Also, some counties disposed of solid waste generated in their county in facilities located in other counties which may account for the wide range of volume.

The current practice of disposing of this waste is virtually universal among the respondents to the questionnaire. Virtually all of the responding counties use solid waste landfill sites which are compacted daily and covered in the traditional method.

Remaining Capacity of Landfills

For the reasons above stated many of the respondents to the questionnaire seem to be unsure of the remaining capacity of their existing facilities since they do not have current, accurate knowledge as to the volume being handled on a daily, weekly, monthly, or annual basis at the current time. However, the response indicated that the various counties feel relatively comfortable with either the remaining life of their existing facility; their ability to expand the existing facility or acquire an additional facility. This was not a universal response; however, as one county indicated that it hoped that the State or South Carolina would step into the breech and fill its need when its current facility reached its capacity. Other counties indicated that they had contracted with private companies for trash pickup and removal from their county.

Many of the counties responding indicated knowledge that permitting new land rills in South Carolina is both a lengthy, time consuming, and potentially expensive exercise at the present time. It is not known whether these counties understand fully the potential for increased cost in time in the event new guidelines and requirements come into being in the near future as the result of action by either the federal government and/or state government.

Current Status Or Recycling Programs

The questionnaire was very revealing in that very few counties currently have underway any meaningful recycling programs. Those that do exist primarily relate to aluminum can recycling and/or newspapers. Many of the ones that were mentioned in response to the questionnaire are really not conducted by the county, but are conducted by volunteer organizations within the county and the county lends only moral support to the continuation of the programs. It is obvious that recycling programs across the State, conducted by the counties, are not extensive and very little emphasis is placed upon recycling. This is further indicated by the response as to whether any recycling programs are planned for the county. The majority or the counties responded in the negative to that question and those that did respond in more than a totally negative fashion admitted that recycling was being considered, or studied or evaluated, more than being planned.

Perhaps the most instructive response on the question of recycling was whether any county had guidelines available concerning the purchase of recycled products. The answer was universally no. This is particularly instructive in view of the testimony heard by the committee as to the necessity of locating and/or creating markets for recycled products prior to the adoption of full mandatory recycling programs.

Technologies and Alternatives Subcommittee

The Subcommittee has held five meetings since its formation. During its first meeting, the subcommittee agreed that the five major methods of waste reduction were source reduction, recycling, incineration, composting and landfill. Too, a wide array of materials in the waste stream that were identified required different approaches. These included glass, aluminum, paper and plastics, as well as tires, batteries, yard refuse (compost), white goods (refrigerators, stoves) and construction material.

Also identified by the Subcommittee were a variety of ways to approach waste reduction: state mandates, incentives to local government and the private sector, fees and deposits on products, market development, with government setting an example by their procurement policies.

Over the past three months during regularly scheduled Subcommittee meetings, presentations were made by the following industry and private parties:

(1) Mary McDaniel, Director of the Southeastern Waste Exchange, a non-profit organization which started in a county in North Carolina, with the help of the EPA, in early 1980's. The Exchange now handles both hazardous and non-hazardous waste in a nine-state region, with the goal of reducing wastes at the source as well as recycling.

It acts as a broker of waste, with the philosophy that one man's junk is another man's treasure. It publishes a bi-monthly catalogue listing those who have wastes to dispose of and those who want to recycle and/or use wastes as raw materials for their products.

(2) Ms. Trish Jerman and Mr. John Oesterle with Ebasco, Inc. of Georgia. They spoke about their approach to reducing landfill. Incineration can reduce solid waste by 80-90% and has the benefit of being able to recover energy from combustion in either steam or electricity.

Different aspects of putting incinerators into action are:

(a) The disposal of ash is often a problem, but there are solutions to the problem.

(b) Financing - public, private or combination.

(c) P.S.C. regulations for energy production and sale.

(3) Lynn Cooper, Michelin Tire Corporation made a presentation on tires, which make up only one percent of waste stream, but which present a problem as they rise to the surface of landfills. He discussed many options and possibilities for reuse and recycling of tires, as well as the importance of economic factors in carrying these out.

(4) Mr. Mike Kennedy, Waste Recovery in Charleston which recycles and incinerates tires also made a presentation on this subject, with special attention to incineration and projects in this area.

(5) Ms. Elizabeth Revelise gave a slide presentation on geographic data and criteria for identifying disposal sites in the State.

(6) Amoco and Eastman Kodak, both of South Carolina, described different products - polystyrene, polyethylene terephthalate (PET), foam packaging, plastic trays, bags, etc. which are produced in South Carolina and their potential for recycling. They gave examples of industry's efforts to help the recycling effort. Plastics constitute about 7% of all wastes.

(7) Eric Beck, graduate student at USC, gave a slide presentation on problems of incineration.

(8) Chaz Miller, Director of National Recycling Congress, which is a coalition of government, private sector and grassroots recyclers, discussed curbside recycling - methods, costs and revenues. He pointed out that in calculating real savings vs. costs, the savings from reduced landfill operations for local government must be considered.

His agency has produced a handbook on collection costs and how to control costs of recycling.

(9) John Spegal, BFI Waste Management, spoke on three aspects of recycling: drop-off convenience, curbside recycling, and source separation and described the activities of his company.

(10) Bill Vogel, Bowater, Inc., spoke on newspaper recycling. This is very popular at this time, but there is more paper than markets available and the prices are going down. He stated that there is a need to examine handling of different grades of paper and that white (office) paper is in strong demand.

Other States Approach

According to Waste Age the average tipping fee at landfills was $26.93 per ton, up 32.3% from 1987. In the Northeast average is $45.48 per ton while the South has an average of $15.87 per ton.

The average tipping fees at waste-to-energy plants across the U.S. is $40 per ton. The Charleston incinerator will be charging $23 to cover their estimated operating costs of $5 million per year. The collection fees from private industry (BFI, Chambers, Waste Management) range from $7-16 per ton. After EPA issues their new proposed regulations under Subtitle D of the Resource Conservation and Recovery Act (RCRA), the average collection fee is estimated to increase to $23 a ton. The Charleston waste-to-energy plant is expecting to generate $3.5 million per year in steam and $1.5 million per year in electricity sales.

Florida, which has enacted a strong Solid Waste Management Program, is expected to require around $38 million dollars to fund. These revenues are derived from a .50 per tire surtax initially, and then be increased to $1. per tire at the restart level; newsprint will be charged .10 per ton that can be reclaimed by recycling; a rollback of a windfall on sales tax collections and registration fees for business has the potential for generating $15-20 million annually. Oil overcharge funds of $19 million have been dedicated to the program.

Based upon Florida's population compared to South Carolina, it is estimated that approximately one third of the Florida funding would be needed in South Carolina to implement a similar program. This would mean that South Carolina would need to generate revenues of around $13 million dollars.

On motion of Rep. KEYSERLING, with unanimous consent, the report was ordered printed in the Journal.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 2, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 68:
S. 68 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE CONTRACTORS' LICENSING BOARD OF SOUTH CAROLINA FOR SIX YEARS; TO AMEND SECTION 40-11-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REGULATION OF CONTRACTORS BY THEIR LICENSING BOARD, SO AS TO EXEMPT LICENSED FIRE SPRINKLER, BURGLAR ALARM, AND WELL DRILLING CONTRACTORS; AND TO REPEAL SECTION 40-11-200 RELATING TO AN ANNUAL BIDDER'S LICENSE FEE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 27, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 276:
S. 276 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-39-635 SO AS TO PROVIDE FOR JUDICIAL SALES OF REAL PROPERTY IN COUNTIES WHICH DO NOT HAVE A MASTER-IN-EQUITY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 27, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that concurs in the amendments proposed by the House to S. 4:
S. 4 -- Senator Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 31 SO AS TO ENACT THE SOUTH CAROLINA FAIR HOUSING LAW AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

Columbia, S.C., May 2, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of S. 637:
S. 637 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 43-33-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE THAT FOUR ADDITIONAL MEMBERS MAY BE ELECTED BY THE BOARD.
Very respectfully,
President

No. 11

S. 637 - RETURNED TO THE SENATE

On motion of Rep. HEARN, the Bill was ordered returned to the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 2, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of H. 3213:
H. 3213 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON PAYABLE COMPENSATION, SO AS TO PROVIDE THAT, FOR A COUNTY WITHOUT AN ADEQUATE HEARING SITE, A NATIONAL GUARD ARMORY IN THAT COUNTY MUST BE ESTABLISHED AND UTILIZED AS THE PERMANENT HEARING SITE, WITH REASONABLE RENT TO BE PAID BY THE COMMISSION.
Very respectfully,
President

No. 12

H. 3213 - RETURNED TO THE SENATE

On motion of Rep. J.W. JOHNSON, the Bill was ordered returned to the Senate.

CONFORMATION OF APPOINTMENT

The following was received.

State Of South Carolina
Office Of The Governor.

April 27, 1989
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice rnd consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

STATEWIDE APPOINTMENT

Appointment. Member. State Ethics Commission. with term to expire May 31, 1993:

6th Congressional District

C.A. "Chuck" Houseman, Post Office Box 51, Pawleys Island, S.C. 29585 VICE James McLeod

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 281 -- Senators Giese, Thomas, Bryan, Lourie, Lindsay and Passailaigue: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR THE DEFINITION OF "ANABOLIC STEROID", TO PROVIDE WHAT CONSTITUTES UNPROFESSIONAL CONDUCT FOR A PRACTITIONER, TO PROVIDE WHAT CONSTITUTES A VIOLATION OF THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3554 -- Reps. Kirsh, J. Rogers, Wilkins, Beasley, Boan, H. Brown, Bruce, Clyborne, Cole, Corbett, Hallman, Haskins, Hearn, Huff, Keegan, Littlejohn, McLellan, Quinn, Rama, Sharpe, Short, Sturkie, Vaughn, Wells, Wilkes, Wofford, Wright, Foster, Nesbitt, Hayes, McAbee, G. Bailey and J.W. Johnson: A BILL TO AMEND CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AIRPORTS, BY ADDING ARTICLE 7 SO AS TO PROVIDE CERTAIN STATE FUNDING FOR AIRLINE HUB TERMINAL FACILITIES TO BE CONSTRUCTED IN THIS STATE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL PERSONAL PROPERTY OF AN AIRLINE COMPANY OPERATING AN AIRLINE HUB TERMINAL FACILITY IN THIS STATE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, and Rep. GREGORY, for the minority, submitted an unfavorable report, on:

S. 223 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-669.1; AND TO AMEND SECTION 16-3-658 RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE ARE LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax, and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3629 -- Reps. Beasley, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Bennett, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Burch, T.M. Burriss, Carnell, Corning, Davenport, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Glover, Gordon, Gregory, Hallman, J. Harris, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keyserling, Lockemy, Manly, D. Martin, McBride, McEachin, McElveen, McGinnis, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Short, Simpson, Snow, Stoddard, Townsend, Waites, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford, Wright, Limehouse, Harvin, Sharpe, Klapman, Mappus and Hearn: A BILL TO ENACT THE "TARGET 2000-SCHOOL REFORM FOR THE NEXT DECADE" ACT BY AMENDING SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER AND RESPONSIBILITY OF THE STATE BOARD OF EDUCATION TO ESTABLISH THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND ACHIEVEMENT, SO AS TO REVISE PROVISIONS REQUIRING THE STATE BOARD OF EDUCATION TO IMPLEMENT REGULATIONS PROVIDING AT LEAST ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR OLD CHILDREN WHO HAVE PREDICTED SIGNIFICANT READINESS DEFICIENCIES BY MAKING THESE REGULATIONS APPLICABLE TO ALL SCHOOL DISTRICTS AND REQUIRING THAT SPECIAL EFFORTS BE MADE TO RECRUIT CHILDREN WHOSE PARTICIPATION IS DIFFICULT TO OBTAIN; TO ADD SECTION 59-1-451 SO AS TO PROVIDE FOR PARENT EDUCATION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT NOT LATER THAN THE 1990-91 SCHOOL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS TO PROVIDE COMPENSATORY AND REMEDIAL PROGRAMS FOR ALL STUDENTS WHO FAIL TO MEET THE STATEWIDE MINIMUM STANDARDS IN READING, WRITING, AND MATHEMATICS, TO PROVIDE THAT ARTS EDUCATION MUST BE CONSIDERED IN THE WEIGHTINGS USED TO PROVIDE FOR THE RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDS GENERATED FROM THIS ARTS WEIGHTING MUST BE USED; TO ADD ARTICLE 5 TO CHAPTER 65, TITLE 59 SO AS TO ESTABLISH A SCHOOL DROPOUT PREVENTION AND RECOVERY PROGRAM; TO AMEND SECTIONS 56-1-40, 56-1-50, 56-1-180, AND TO ADD SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUING OF DRIVERS' LICENSES TO PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES, WHO HAVE NOT EARNED A G.E.D. CERTIFICATE, OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE SUSPENSION OF THE DRIVER'S LICENSES OF SPECIFIED STUDENTS UNDER CERTAIN CONDITIONS AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 59-63-70 80 AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL IMPLEMENT CERTAIN ACTIVITIES DESIGNED TO ENCOURAGE YOUNG PEOPLE TO CONSIDER POST-SECONDARY EDUCATION OR TRAINING; TO AMEND SECTION 59-26-20, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1991-92 SCHOOL YEAR, STUDENTS WHO ARE PURSUING CERTAIN COLLEGE INSTRUCTIONAL OR ADMINISTRATIVE CURRICULUMS SHALL SUCCESSFULLY COMPLETE TRAINING AND DEVELOPMENT EXPERIENCES IN TEACHING HIGHER ORDER THINKING SKILLS, AND SHALL SUCCESSFULLY COMPLETE TRAINING IN METHODS OF MAKING SCHOOL IMPROVEMENT COUNCILS AN ACTIVE AND EFFECTIVE FORCE IN IMPROVING SCHOOLS; TO AMEND SECTION 59-26-30, RELATING TO THE DEVELOPMENT OF TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS BY THE STATE BOARD OF EDUCATION, SO AS TO FURTHER PROVIDE FOR THESE TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; TO ADD SECTION 59-31-600 SO AS TO ESTABLISH CERTAIN STANDARDS FOR TEXTBOOK ADOPTIONS; TO AMEND SECTION 59-29-180, RELATING TO THE EMPHASIS ON HIGHER ORDER PROBLEM SOLVING SKILLS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ASSIST THE SCHOOL DISTRICTS IN THE LOCATION AND DEVELOPMENT OF MATERIALS AND AIDS WHICH MAY BE USED FOR THESE PURPOSES; TO ADD SECTION 59-1-450 SO AS TO PROVIDE THAT WHEN SELECTING CERTAIN ACHIEVEMENT TESTS FOR STATEWIDE TESTING, THE STATE BOARD OF EDUCATION SHALL SELECT TESTS WITH A SUFFICIENT NUMBER OF ITEMS WHICH MAY BE RESCORED TO EVALUATE THE STUDENT'S HIGHER ORDER THINKING SKILLS; TO ADD SECTION 59-30-110 SO AS TO PROVIDE THAT WHEN TEST ITEMS FOR THE BASIC SKILLS ASSESSMENT PROGRAM ARE REVISED, THE STATE BOARD OF EDUCATION SHALL INCLUDE TEST ITEMS WHICH MAY BE RESCORED TO EVALUATE A STUDENT'S HIGHER ORDER THINKING SKILLS; TO AMEND SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE HIGHER ORDER THINKING AND PROBLEM-SOLVING SKILLS IN THESE IN-SERVICE TRAINING PROGRAMS; TO AMEND SECTION 59-29-170, RELATING TO PROGRAMS FOR TALENTED STUDENTS, SO AS TO PROVIDE THAT BEGINNING WITH THE 1991-92 SCHOOL YEAR, ALL GIFTED AND TALENTED STUDENTS AT THE ELEMENTARY AND SECONDARY LEVELS WHO ARE NOT INCLUDED IN STATE FUNDED ADVANCED PLACEMENT PROGRAMS MUST BE PROVIDED THE PROGRAMS FOR TALENTED STUDENTS CONTAINED IN THIS SECTION; TO ADD SECTION 59-18-15 SO AS TO PROVIDE FOR THE MANNER IN WHICH A SCHOOL WHICH HAS RECEIVED AN INCENTIVE GRANT TWICE DURING A THREE-YEAR PERIOD MUST BE GIVEN THE FLEXIBILITY OF RECEIVING AN EXEMPTION FROM THE REQUIREMENTS OF THE DEFINED MINIMUM PROGRAM AND FROM THE REPORTING REQUIREMENTS OF THE BASIC SKILLS ASSESSMENT PROGRAM; TO AMEND SECTION 59-18-20, RELATING TO THE COMPETITIVE GRANTS PROGRAM FOR IMPROVEMENT OF INSTRUCTION, SO AS TO ALSO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM; TO ADD SECTION 59-18-25 SO AS TO ESTABLISH A "CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL LEADERSHIP" AT SELECTED PUBLIC COLLEGES OR UNIVERSITIES; TO ADD SECTION 59-25-55 SO AS TO REQUIRE THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO ESTABLISH A PROGRAM FOR THE PURPOSE OF EXPANDING THE NUMBER OF HIGH ACHIEVING MINORITY STUDENTS ENTERING AND COMPLETING TEACHER EDUCATION PROGRAMS; TO ADD SECTION 59-18-31 SO AS TO PROVIDE THAT BY THE 1991-92 SCHOOL YEAR, THE STATE BOARD OF EDUCATION IN CONSULTATION WITH THE SELECT COMMITTEE SHALL DEVELOP ADDITIONAL CRITERIA WHICH MUST BE USED TO EVALUATE THE QUALITY OF EDUCATION IN THE SCHOOL DISTRICTS; TO ADD SECTION 59-18-11 SO AS TO FURTHER PROVIDE FOR THE CRITERIA SCHOOLS SHALL MEET IN ORDER TO QUALIFY FOR, SCHOOL INCENTIVE AWARDS; TO ADD SECTION 59-6-15 SO AS TO ESTABLISH THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE AND TO PROVIDE FOR THEIR MEMBERSHIP, DUTIES, AND FUNCTIONS; TO AMEND SECTION 59-6-20, AS AMENDED, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AND OTHER OFFICIALS AND ENTITIES IN REGARD TO THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984, AND SECTION 59-6-30 RELATING TO CERTAIN ASSESSMENTS AND REPORTS CONCERNING THE EDUCATION IMPROVEMENT ACT, SO AS TO DELETE REFERENCES TO CERTAIN ELIMINATED COMMITTEES, SUBCOMMITTEES AND PARTNERSHIPS, TO INCLUDE IN THOSE SECTIONS THE DUTIES AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP AND ITS BUSINESS-EDUCATION SUBCOMMITTEE IN REGARD TO THE EDUCATION IMPROVEMENT ACT, AND PROVIDE FOR THE REQUIREMENTS OF CERTAIN FUNDING; TO AMEND SECTION 59-24-30, RELATING TO THE PARTICIPATION OF SCHOOL SUPERINTENDENTS AND PRINCIPALS IN SEMINAR FOR THE IMPROVEMENT OF ADMINISTRATIVE SKILLS AND INSTRUCTIONAL LEADERSHIP, SO AS TO FURTHER PROVIDE FOR THESE SEMINARS; TO AMEND SECTION 59-24-50, RELATING TO THE DEVELOPMENT TRAINING PROGRAMS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE TRAINING PROGRAMS; TO AMEND SECTION 59-24-120, RELATING TO APPRENTICESHIP SCHOOL PRINCIPAL PROGRAMS, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; TO AMEND SECTION 59-20-60, AS AMENDED, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, THE ESTABLISHMENT OF SCHOOL IMPROVEMENT COUNCILS, AND AUDITS AND REPORTS SUBMITTED UNDER THE ACT, SO AS TO PROVIDE THAT ELECTIONS OF MEMBERS TO SCHOOL IMPROVEMENT COUNCILS MUST OCCUR DURING THE SECOND WEEK IN OCTOBER, AND TO PROVIDE THAT THE INFORMATION FORWARDED TO THE STATE DEPARTMENT OF EDUCATION SHALL ALSO IDENTIFY AT LEAST ONE MEMBER OF EACH SCHOOL IMPROVEMENT COUNCIL WHO SHALL RECEIVE AND DISTRIBUTE COUNCIL-RELATED INFORMATION TO OTHER COUNCIL MEMBERS; TO ADD SECTION 59-1-452 SO AS TO ESTABLISH A PUBLIC SCHOOL EMPLOYEES COST-SAVINGS PROGRAM FOR THE PURPOSE OF MAKING CASH AWARDS TO SCHOOL DISTRICT EMPLOYEES FOR COST SAVING IDEAS; TO ADD SECTION 59-6-16 SO AS TO REQUIRE THE BUSINESS-EDUCATION SUBCOMMITTEE TO APPOINT A LEADERSHIP NETWORK OF REPRESENTATIVES FROM THE PRIVATE SECTOR AND TO PROVIDE FOR THE FUNCTIONS OF THE LEADERSHIP NETWORK; TO AMEND SECTION 59-5-65, AS AMENDED, RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL WORK WITH THE LEADERSHIP NETWORK ESTABLISHED BY THE BUSINESS-EDUCATION SUBCOMMITTEE; AND TO ADD SECTION 59-24-41 SO AS TO PROVIDE FOR CERTAIN PRACTICES WHICH A PRINCIPAL MUST DEMONSTRATE TO RECEIVE A MINIMUM SATISFACTORY PERFORMANCE RATING BEGINNING WITH THE 1991-92 SCHOOL YEAR.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 322 -- Senators Setzler, Nell W. Smith, Rose, Wilson, McConnell, Land, Leventis, Peeler, Helmly, Stilwell, Russell, Hayes, Mullinax, Lourie, Passailaigue, Courson, Moore, McGill, Martschink, McLeod and Horace C. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-6-15 SO AS TO PROVIDE FOR THE COMPOSITION, ORGANIZATION, AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; BY AMENDING SECTION 59-6-20 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION, THE STEERING COMMITTEE OF THE EDUCATION-BUSINESS PARTNERSHIP, AND THE JOINT SUBCOMMITTEE; TO PROVIDE FOR THE DUTIES AND POWERS OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN PUBLIC EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; AND BY AMENDING SECTION 59-6-30 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROVIDE AN ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT TO THE BUSINESS-EDUCATION SUBCOMMITTEE; TO REQUIRE THAT THE BUSINESS-EDUCATION SUBCOMMITTEE REPORT ON THE ASSESSMENT TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION; TO REQUIRE THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION TO PROVIDE A REPORT ON THE ASSESSMENT TO THE GENERAL ASSEMBLY ON FEBRUARY FIRST RATHER THAN ON JANUARY FIRST; AND TO PROVIDE FOR THE STAFFING OF THE BUSINESS-EDUCATION SUBCOMMITTEE.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 284 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 56-3-785, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENT LICENSING OF A SEMITRAILER, SO AS TO PROVIDE A FEE OF SEVENTY-FIVE DOLLARS FOR THE LICENSING AND TO PROVIDE FOR THE PAYMENT OF THE FEE AND FOR REPORTS TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 722 - Senators Fielding, Passailaigue, Martschink, McLeod and McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE DR. EUGENE CLAYTON HUNT, PROMINENT CHARLESTONIAN, EDUCATOR, MUSICAL ENTHUSIAST, AND HISTORIAN, UPON BEING HONORED AS CITIZEN EXTRAORDINAIRE AND WISH HIM WELL UPON HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

On motion of Rep. MATTOS, with unanimous consent, the following was taken up for immediate consideration:

S. 723 -- Senator Leventis: A CONCURRENT RESOLUTION IN COMMEMORATION OF THE THIRTIETH ANNIVERSARY OF HIS EMINENCE ARCHBISHOP IAKOVOS AS PRIMATE OF THE GREEK ORTHODOX CHURCH OF NORTH AND SOUTH AMERICA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 738 -- Senators Passailaigue, Fielding, McConnell and Martschink: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MR. ARTHUR (ART) SHELL, JR., AN ASSISTANT COACH WITH THE LOS ANGELES RAIDERS AND A NATIVE OF CHARLESTON COUNTY, AS ONE OF FIVE PEOPLE INDUCTED INTO THE SOUTH CAROLINA HALL OF FAME ON FRIDAY, APRIL 21, 1989, MONTHS AFTER BEING NAMED TO THE PRO FOOTBALL HALL OF FAME.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 740 -- Senators Wilson, Setzler, Shealy, Williams, Matthews, Courson, Giese, Patterson and Lourie: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO CONGRESSMAN FLOYD SPENCE OF THE SECOND CONGRESSIONAL DISTRICT OF SOUTH CAROLINA ON THE OCCASION OF THE FIRST ANNIVERSARY OF HIS DOUBLE LUNG TRANSPLANT SURGERY AND WISHING FOR HIM CONTINUED GOOD HEALTH AND HAPPINESS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 742 -- Senator McGill: A CONCURRENT RESOLUTION TO CONGRATULATE THE WILLIAMSBURG-BLAKELY HIGH SCHOOL GIRLS' BASKETBALL TEAM UPON WINNING THE CLASS A STATE CHAMPIONSHIP AND TO RECOGNIZE COACH WILLIE L. BURGESS FOR LEADING HIS TEAM TO VICTORY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 3986 -- Rep. Koon: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. SAMUEL ASBURY GEORGE, SR., OF LEXINGTON, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3987 -- Rep. Koon: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. CLYDE M. BARR OF LEESVILLE, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3988 -- Rep. Hayes: A BILL TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SET OFF DELINQUENT DEBTS OWED STATE ENTITIES AND THE INTERNAL REVENUE SERVICE, SO AS TO PROVIDE THAT A CLAIMANT AGENCY MAY ADD ADMINISTRATIVE EXPENSES TO DELINQUENT DEBT BALANCES AND RETAIN THAT AMOUNT NOT TO EXCEED TWENTY-FIVE DOLLARS OF EACH REFUND SETOFF.

Referred to Committee on Ways and Means.

H. 3989 -- Rep. Kirsh: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW INVESTMENTS IN INVESTMENT COMPANIES OR INVESTMENT TRUSTS WHOSE PORTFOLIOS CONSIST SOLELY OF GOVERNMENT SECURITIES; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CONFORM THE LIST OF ALLOWED INVESTMENTS TO THOSE ALLOWED FOR POLITICAL SUBDIVISIONS INCLUDING THE ADDITIONAL ALLOWED INVESTMENTS FOR POLITICAL SUBDIVISIONS AUTHORIZED BY THIS ACT.

Referred to Committee on Ways and Means.

H. 3990 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE ONE ADDITIONAL MILL TO BE LEVIED IN THE COUNTY AND USED BY THE ORANGEBURG COUNTY BOARD OF EDUCATION.

Without reference.

H. 3991 -- Rep. Hodges: A BILL TO PROVIDE THAT A POLITICAL SUBDIVISION MAY NOT ESTABLISH OR OPERATE, NOR AUTHORIZE OR PERMIT THE ESTABLISHMENT OR OPERATION OF, A SANITARY LANDFILL WITHIN ONE-HALF MILE OF AN ADJOINING COUNTY, INCLUDING A COUNTY OF AN ADJOINING STATE, WITHOUT THE CONSENT OF THE ADJOINING COUNTY.

Referred to Committee on Agriculture and Natural Resources.

S. 148 -- Senators Leatherman, McLeod, Lourie and Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES BY SETTING FORTH RELATED DEFINITIONS, LICENSING AND REGULATING REQUIREMENTS, FINANCIAL DUTIES, DISCLOSURE REQUIREMENTS, THE ESTABLISHMENT OF A COMPLAINT SYSTEM, BILLING REQUIREMENTS, EXAMINATION OF THE COMMUNITIES, ESTABLISHMENT OF AN ESCROW ACCOUNT, SANCTIONS FOR NONCOMPLIANCE, THE APPEAL PROCESS, PENALTIES FOR VIOLATIONS, AND A WAIVER OF REQUIREMENTS.

RULE 5.12 WAIVED

Rep. BLACKWELL moved to waive Rule 5.12, which was agreed to by a division vote of 91 to 0.

Without reference.

S. 184 -- Senators Passailaigue and Fielding: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE MAIN ENTRANCE TO THE DOOR NORMALLY USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.

Referred to Committee on Judiciary.

S. 428 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRIPED BASS (ROCKFISH), SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY SET AND PUBLISH THE DAILY CREEL LIMITS AND SIZE LIMITS FOR STRIPED BASS AND BLACK BASS, TO AMEND SECTION 50-13-285, RELATING TO PENALTIES, SO AS TO PROVIDE THAT THE PENALTIES ASSESSED BY THE SECTION INCLUDE CONVICTIONS OF SECTION 50-13-235; AND TO REPEAL SECTIONS 50-13-220 AND 50-13-230 RELATING TO STRIPED BASS.

Referred to Committee on Agriculture and Natural Resources.

S. 442 -- Senator Waddell: A BILL TO AMEND SECTION 49-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES AND INJUNCTIVE RELIEF UNDER THE GROUNDWATER USE ACT, SO AS TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO IMPOSE CIVIL PENALTIES AND TAKE CERTAIN CIVIL ADMINISTRATIVE ACTION FOR VIOLATIONS OF THE ACT, AND TO PROVIDE THE MANNER IN WHICH THESE CIVIL PENALTIES MAY BE APPLIED.

Referred to Committee on Agriculture and Natural Resources.

S. 457 -- Senator Peeler: A BILL TO AMEND SECTIONS 40-33-10, AS AMENDED, 40-33-510, 40-33-930, 40-33-935, AS AMENDED, 40-33-940, AS AMENDED, AND 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO DEFINE PRACTICE OF NURSING AND NURSING DIAGNOSIS, TO REGULATE THE PRACTICE OF REGISTERED NURSES, TO ESTABLISH STANDARDS FOR DISCIPLINE OF LICENSEES, TO PROVIDE THAT A VIOLATION OF CHAPTER 40 OR REGULATION OF THE STATE BOARD OF NURSING IS GROUNDS FOR DISCIPLINE, TO PROVIDE THAT A LAPSED LICENSE MAY NOT BE REINSTATED WITHOUT THE PERSON DEMONSTRATING NURSING COMPETENCE, TO PRESCRIBE RENEWAL QUALIFICATIONS, AND PROVIDE GROUNDS FOR DENIAL OF REINSTATEMENT OR DENIAL OF A LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-33-931 AND 40-33-941 SO AS TO PROVIDE FOR DISCIPLINE OF LICENSEES, TO PROVIDE FOR REINSTATEMENT OF LAPSED LICENSES, AND TO MAKE IT UNLAWFUL TO PRACTICE NURSING WHEN A LICENSE HAS LAPSED.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 463 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO INCREASE THE POINTS FROM FOURTEEN TO EIGHTEEN FOR ATTEMPTING ESCAPE AFTER LAWFUL ARREST, ILLEGAL COMMERCIALIZATION OF WILDLIFE AND FISH, DEER HUNTING FROM A MOTORBOAT, AND SHINING WHILE ARMED IN VIOLATION OF SECTION 50-17-710, TO INCREASE THE PENALTY FROM FIVE TO SIX FOR ILLEGALLY POSSESSING BUCKSHOT AND FROM FOUR TO SIX FOR ILLEGALLY HUNTING WITH AN UNPLUGGED GUN, TO PROVIDE THAT ILLEGAL USE OF PERMITS, TAGS, AND STAMPS BY A PERSON OR TRANSPORTING OR POSSESSING MORE THAN THE LEGAL LIMIT OF FISH OR GAME RESULTS IN POINT ASSESSMENTS, TO CHANGE THE ASSESSMENT OF POINTS FOR VIOLATION OF GAME MANAGEMENT AREA REGULATIONS TO ASSESSMENTS FOR VIOLATION OF ANY WILDLIFE AREA REGULATIONS, TO PROVIDE FOR AN EIGHTEEN-POINT ASSESSMENT FOR KILLING OR POSSESSING A WILD TURKEY DURING THE CLOSED SEASON AND FOURTEEN-POINT ASSESSMENT FOR KILLING OR POSSESSING A WILD TURKEY HEN DURING THE SPRING GOBBLER SEASON, TO PROVIDE THAT ASSESSMENTS MUST BE MADE FOR ROOST SHOOTING OF WILD TURKEYS BETWEEN THIRTY MINUTES AFTER OFFICIAL SUNSET AND THIRTY MINUTES BEFORE OFFICIAL SUNRISE INSTEAD OF FROM BETWEEN OFFICIAL SUNSET AND OFFICIAL SUNRISE, AND TO PROVIDE THAT VIOLATIONS OF TITLE 50 PROVISIONS (EXCEPT CHAPTERS 17 AND 21) NOT SPECIFICALLY MENTIONED IN SECTION 50-9-1020 MAY RESULT IN SIX-POINT ASSESSMENTS.

Referred to Committee on Agriculture and Natural Resources.

S. 467 - Senator Drummond: A BILL TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.

Referred to Committee on Agriculture and Natural Resources.

S. 468 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-2100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIELD TRIAL REGULATIONS, SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 50-9-110 AND 50-11-2110 RELATING TO FIELD TRIALS OF DOGS.

Referred to Committee on Agriculture and Natural Resources.

S. 498 -- Senators Drummond, Hayes and Pope: A BILL TO AMEND SECTION 49-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF DRIFTED OBJECTS, SO AS TO DELETE PROVISIONS RELATING TO WATERCRAFT; TO AMEND SECTIONS 50-23-10, 50-23-30, 50-23-60, 50-23-120, 50-23-170, 50-23-200, 50-23-205, 50-23-270, AND 50-23-280, RELATING TO TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE AND ADD DEFINITIONS, TO EXEMPT COMMERCIAL BARGES, WINDSURFERS, AND WATERCRAFT PROPELLED EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE, TO PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO PROVIDE A LATE FEE, TO PROVIDE FOR THE FORM OF THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE, TO DEFINE "HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO CHANGE PROVISIONS RELATING TO SERIAL NUMBERS AND IDENTIFICATION NUMBERS, TO ESTABLISH ACTS WHICH PROHIBIT THE LAWFUL OPERATION OF WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE THAT IT IS UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED, ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-135, 50-23-185, 50-23-275, AND 50-23-290 SO AS TO PROVIDE FOR TITLING ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS, TO REQUIRE TITLING OF WATERCRAFT OR OUTBOARD MOTORS NOT PREVIOUSLY TITLED, AND TO PROVIDE FOR CONDITIONAL TITLES.

Referred to Committee on Agriculture and Natural Resources.

S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.

Referred to Committee on Agriculture and Natural Resources.

S. 643 -- Senator Lindsay: A BILL TO AMEND SECTIONS 37-2-416 AND 37-3-408, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHANGE IN TERMS OF REVOLVING CHARGE AND LOAN ACCOUNTS, SO AS TO DELETE THE REQUIREMENT THAT A CONSUMER INCURS ADDITIONAL DEBT AFTER NOTIFICATION OF A CHANGE IN TERMS, AND REQUIRE THE WRITTEN DISCLOSURE OF A CHANGE IN TERMS TO STATE THAT IF THE CONSUMER DOES NOT WANT TO CONTINUE THE REVOLVING ACCOUNT UNDER THE NEW TERMS THE CREDITOR WILL TERMINATE THE ACCOUNT AND PERMIT THE CONSUMER TO PAY THE EXISTING BALANCE UPON THE TERMS IN EFFECT BEFORE THE CHANGE IN TERMS ON THE WRITTEN REQUEST OF THE CONSUMER.

Referred to Committee on Labor, Commerce and Industry.

S. 689 - Senator McLeod: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HEALTH CARE COVERAGE FOR THE MEDICALLY INDIGENT IN SOUTH CAROLINA AND PROVIDE FOR ITS MEMBERS, COMPENSATION, AND DUTIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 721 -- Senators Waddell and Lindsay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-47-445 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 12-47-440 RELATING TO ABATEMENT AND REFUND DO NOT APPLY TO CLAIMS FOR ABATEMENT OR REFUND RESULTING FROM A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION DECLARING A TAX LAW OF THIS STATE UNCONSTITUTIONAL OR OTHERWISE UNLAWFUL AND TO DEFINE "FINAL DECISION".

RULE 5.12 WAIVED

Rep. KIRSH moved to waive Rule 5.12, which was agreed to by a division vote of 79 to 1.

Without reference.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Glover
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harvin
Harwell                Haskins                Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Winstead               Wofford
Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 2, 1989.

T.M. Burriss                      Joseph McElveen
Gene Stoddard                     Robert A. Kohn
Dick Elliott                      Larry Gentry
Total Present-121

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOSS a leave of absence for the day due to a death in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. F.M. McFarland of Columbia is the Doctor of the Day for the General Assembly.

STATEMENT BY REP. D. WILLIAMS

Rep. D. WILLIAMS made a statement expressing his appreciation to the members of the House for the many kindnesses extended to him and his family during their recent tragedy of the burning of his home.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3986 -- Rep. G. Brown: A BILL TO AMEND ACT 149 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA.

S. 388 -- Senators Shealy, Setzler and Wilson: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION, MEMBERSHIP, AND POWERS OF BOARDS OF ZONING APPEALS, SO AS TO INCREASE THE MAXIMUM NUMBER OF BOARD MEMBERS FROM SEVEN TO NINE.

Rep. WILKINS explained the Bill.

S. 304 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED ORCHARDS, SO AS TO AUTHORIZE THE STATE CROP PEST COMMISSION OR ITS DESIGNEE TO PROMULGATE REGULATIONS RELATIVE TO THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-35-15 SO AS TO ADD DEFINITIONS RELATIVE TO ORCHARDS.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 527 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO SCOPE OF POWERS GRANTED TO TIER B LAND SURVEYORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1037, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3684 -- Reps. J. Harris and Burch: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO CHANGE THE SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONE 5 FROM SEPTEMBER FIFTEENTH TO THANKSGIVING DAY TO MARCH SECOND TO THANKSGIVING DAY.

H. 3527--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3527 -- Rep. Locke my: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-31-60 AND 6-1-60 SO AS TO PROHIBIT AN ENTITY SUPPLYING WATER TO SUBSCRIBERS FROM BILLING THE OWNER OF THE PROPERTY FOR WATER SUPPLIED TO LESSEES OF THE PROPERTY WHO HAVE SUBSCRIBED FOR WATER AND WHO HAVE NOT PAID FOR THE WATER SUPPLIED.

Rep. LOCKEMY explained the Bill.

Rep. KLAPMAN objected to the Bill.

Rep. LOCKEMY continued speaking and moved to adjourn debate upon the Bill until Wednesday, May 3, which was adopted.

S. 245-DEBATE ADJOURNED

The following Bill was taken up.

S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.

The Judiciary Committee proposed the following Amendment No. 2 (Doc. No. 3224U).

Amend the bill, as and if amended, by striking Section 2 and inserting:

/SECTION 2. Section 1-23-120 of the 1976 Code, as last amended by Act 605 of 1988, is further amended to read:

"Section 1-23-120. All regulations except those specifically exempted under this article must be submitted to the General Assembly for review in accordance with the provisions of the article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110(b). To initiate the process of review, the agency shall file with the President of the Senate and the Speaker of the House of Representatives a copy of any regulations promulgated along with a request for review and a copy of the preliminary fiscal impact statement prepared by the agency as required in Section 1-23-110(b)(2). Upon receipt of the request, the President and Speaker reviewing the request shall submit it for consideration to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. The committees have one hundred twenty days from the date regulations are submitted to the General Assembly to consider regulations so referred and determine their actions on the regulations. If a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation by the appropriate committee, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting; provided, however, only. Only those calendar days occurring during sessions of the General Assembly shall be are included in computing the days elapsed. If no action is taken by either the Senate or House of Representatives' committee to which the regulation was referred to introduce a resolution to approve or disapprove the regulations regulation within one hundred twenty days after submission to the General Assembly, the regulations are regulation is effective upon publication in the State Register. Upon (1) introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, or (2) a negative vote by either the Senate or House of Representatives on a resolution approving the regulations and the notification in writing of such negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the House in which the negative vote occurred, the one hundred-twenty-day period for automatic approval is tolled, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions as called by the Governor, if a resolution is not enacted approving or disapproving the regulation. If the remainder of the period is less than sixty days, additional days must be added to the remainder to equal sixty days. The introduction of a resolution by the committee of either House does not prevent the introduction of a resolution by the committee of the other House to either approve or disapprove the regulations concerned.

The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.

Any member may introduce a joint resolution approving or disapproving a regulation or group of regulations thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.

General Assembly review is not required for regulations promulgated to maintain compliance with federal law including, but not limited to, grant programs. Review also is not required for regulations promulgated by the State Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110. Review is not required for regulations promulgated by the South Carolina Tax Commission to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code of 1964. All regulations submitted to the General Assembly for approval must have attached to them a brief synopsis or analysis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations. The synopsis or analysis must include citations of federal law, if any, mandating changes in the regulations. The one hundred-twenty-day period of review provided for in this section does not begin to run until the synopsis or analysis is attached to regulations submitted."/

Amend title to conform.

Rep. HAYES explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 3, which was adopted.

H. 3895-OBJECTIONS

The following Bill was taken up.

H. 3895 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 70 SO AS TO PROVIDE FOR THE REGULATION OF "UTILIZATION REVIEWS" AND "PRIVATE REVIEW AGENTS" IN REGARD TO HEALTH CARE SERVICES GIVEN OR PROPOSED TO BE GIVEN TO A PATIENT OR A GROUP OF PATIENTS.

Rep. L. MARTIN moved to adjourn debate upon the Bill until Tuesday, May 9.

Rep. BAKER moved to table the motion, which was agreed to by a division vote of 14 to 13.

Reps. L. MARTIN, SIMPSON, KLAPMAN and O. PHILLIPS objected to the Bill.

H. 3887-DEBATE ADJOURNED

Rep. SNOW moved to adjourn debate upon the following Bill until Wednesday, May 3, which was adopted.

H. 3887 -- Reps. snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTIONS 46-13-30 AND 46-13-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE CONTROL, SO AS TO AUTHORIZE THE PROMULGATION OF REGULATIONS AND TO PROVIDE THAT ANY PERSON MAY BE PENALIZED FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-13-55 AND 46-13-185 SO AS TO PROVIDE FOR THE REGULATION OF STRUCTURAL PEST CONTROL ACTIVITY AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS OF CLEMSON UNIVERSITY TO EMPLOY COUNSEL.

H.3358-AMENDED AND ORDERED TO THIRD READING

The following Bill Was taken up.

H. 3358 -- Reps. Corning, Cork, Klapman, Jaskwhich, Littlejohn, Mattos, Sheheen, M.O. Alexander, Hallman, Rama, Keegan, J.C. Johnson, Mappus, Vaughn, Winstead, Baker, Blackwell, Barber, McKay, Cole, Koon, Elliott, Corbett, T.M. Burriss, Derrick, Wright, McLellan, H. Brown, Clyborne, Moss, McEachin, Taylor, Haskins, Wells, McCain, Kirsh, Sturkie, Huff, Wilkins, Hayes, Waites, Quinn, Holt, J. Harris, Fair, J. Brown, Nettles, J. Bailey, Waldrop, Felder, Townsend, Kay, Snow, Burch, Bruce, Short, McTeer, Gregory, Gordon, McAbee, Harvin, Lockemy, Simpson, J. Rogers, T.C. Alexander, T. Rogers, McGinnis, Limehouse, Wilkes, Wofford, Keyserling, McLeod, Washington, P. Harris, Carnell, G. Brown, Hearn, Sharpe, Baxley and Foster: 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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3776U), which was adopted.

Amend the bill, as and if amended, in SECTION 1, page 1, last two lines of page, by striking /a joint committee of the House of Representatives and the Senate/ and Inserting /budget subcommittees of the House Ways and Means Committee and Senate Finance Committee/. When amended, SECTION 1, shall read:

/SECTION 1. The General Assembly finds that the growth of the budgets of state agencies, departments, commissions, boards, and institutions has not been accompanied by a systematic and comprehensive legislative review of agency budgeting decisions. The General Assembly further finds that systematic legislative review of twenty-four agency budgets by means of a "zero-based budget" analysis will provide the General Assembly important information essential in the consideration of appropriations bills. In order to facilitate a systematic legislative budget review, the General Assembly finds that a schedule must be established that would cause a comprehensive zero-based budget review of the budgets every eight years by budget subcommittees of the House Ways and Means Committee and Senate Finance Committee./

Amend further in Section 11-11-610, subsection (A), of the 1976 Code, as contained in SECTION 2, page 2, lines 5 and 6, by striking /a joint committee for budget review of the House of Representatives and the Senate/ and inserting /budget subcommittees of the House Ways and Means Committee and Senate Finance Committee/; in item (22) of subsection (A), page 2, by striking /Judicial Department/ and inserting /Department of Highways and Public Transportation/; on page 3, by striking subsection (B) in its entirety and reletter remaining subsection to conform; in subsection (C), page 3, line 1, by striking /Joint Committees/ and inserting /the budget subcommittees/ so that when amended Section 11-11-610 shall read:

/Section 11-11-610. (A) Every eighth year, the budgets of the following state agencies, departments, commissions, boards, and institutions must be reviewed comprehensively by budget subcommittees of the House Ways and Means Committee and Senate Finance Committee:

(1) State Department of Education;

(2) State Department of Mental Health;

(3) State Mental Retardation Department;

(4) State Department of Corrections;

(5) South Carolina Department of Youth Services;

(6) Department of Probation, Parole, and Pardon Services;

(7) University of South Carolina;

(8) State Board for Technical and Comprehensive Education;

(9) Medical University of South Carolina;

(10) Clemson University;

(11) State Health and Human Services Finance Commission;

(12) South Carolina Commission on Alcohol and Drug Abuse;

(13) State Department of Social Services;

(14) Vocational Rehabilitation;

(15) South Carolina Department of Health and Environmental Control;

(16) South Carolina Wildlife and Marine Resources Department:

(17) State Forestry Commission;

(18) South Carolina Department of Parks, Recreation and Tourism;

(19) South Carolina Tax Commission;

(20) South Carolina Educational Television Commission;

(21) State Development Board;

(22) Department of Highways and Public Transportation;

(23) State Law Enforcement Division;

(24) Attorney General.

(B) The budget subcommittees are authorized to make temporary use during the review period of available staff from the General Assembly or state agencies, departments, commissions, boards, and institutions. Outside consultants may be employed if necessary and paid from approved accounts of the House of Representatives and the Senate./

Amend further in Section 11-11-620 of the 1976 Code, as contained in SECTION 2, page 3, lines 1, 2, and 6, by striking /joint committee/ and inserting /budget subcommittee/; and on page 4, lines 1, 8, 12, and 17, by striking /joint committee/ and inserting /budget subcommittee/ so that when amended Section 11-11-620 shall read:

/Section 11-11-620. The chairman of each budget subcommittee shall give each agency, department, commission, board, or institution scheduled for review at least fifteen days advance notice of the time and place appointed for the review and those officials the budget subcommittee requires to be present at the review. At the appointed time and place, each agency, department, commission, board, or institution shall submit a detailed analysis by budget classification of the funds required for both its recurring expenses and anticipated additional expenses. Each agency, department, commission, board, or institution shall justify to the budget subcommittee all of its recurring expenses for the current fiscal year and new or additional expenses proposed for a succeeding fiscal year if the agency has made a request for new or additional funding to the State Budget and Control Board. Agency officials shall furnish all material requested by the budget subcommittee including material requested for submission in advance of a scheduled review and comply with all other requests, including on-site inspections, that the budget subcommittee determines necessary in conducting its review. Reviews must be conducted and completed between September first and December first in odd-numbered years and between July first and October fifteenth in even-numbered years. Each budget subcommittee shall make written findings with respect to each agency, department, commission, board, or institution reviewed, including recommendations for increases or reductions in funding levels. The findings must be referred to the House of Representatives Ways and Means Committee and the Senate Finance Committee./

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3035-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3035 -- Reps. Altman and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3762U), which was adopted.

Amend the bill, as and if amended, by striking section 11-35-1460(A), as contained in SECTION 1, and inserting:

/ (A) The purchase of more than five hundred dollars of furniture or furnishings, including floor coverings, wall coverings, or any other decorative or ornamental item by a governmental body for at least one of the following uses must be reported to the governing board, commission, or council of the respective governmental body before the purchase:

(1) in an office or adjoining reception area utilized by an agency director, assistant agency director, or an employee with similar duties and responsibilities:

(2) in a board room or a conference room used as a board room./

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3459--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3459 -- Reps. J. Rogers and Washington: A BILL TO AMEND SECTION 4-29-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES FOR INDUSTRIAL REVENUE PROJECTS VALUED AT EIGHTY-FIVE MILLION DOLLARS OR MORE WHICH ARE FINANCED BY INDUSTRIAL REVENUE BONDS, SO AS TO PROVIDE THAT A FEE IN LIEU OF TAXES EQUAL TO THE AMOUNT OF THE TAX ON THE UNDEVELOPED PROPERTY IS REQUIRED FOR YEARS BEFORE THE COMPLETION OF THE PROJECT, TO PROVIDE AN ADDITIONAL ELEMENT IN THE CALCULATION OF THE FEE BY USING AN APPLICABLE MILLAGE RATE THAT INCREASES OR DECREASES IN STEP WITH THE ACTUAL MILLAGE RATE WHERE THE PROJECT IS LOCATED, TO PROVIDE THAT THE RESULTS OF THE DETERMINATION OF MINIMUM PAYMENTS FOR AFFECTED SCHOOL DISTRICTS MUST BE DIRECTLY FORESEEABLE, TO PROVIDE THAT CALCULATION OF THE FEE IN LIEU OF TAXES MAY NOT INCLUDE THE EXEMPTION ALLOWED FOR CORPORATE HEADQUARTERS FACILITIES, TO PROVIDE A FIVE-YEAR PERIOD FOR A PROJECT TO MEET THE MINIMUM INVESTMENT REQUIREMENTS, TO PROVIDE FOR A FEE IN LIEU OF TAXERS PLUS INTEREST WHEN A PROJECT FAILS TO MEET THE MINIMUM INVESTMENT REQUIREMENT IN A TIMELY MANNER, TO PROVIDE THE DISCOUNT RATE THAT MUST BE USED TO DETERMINE NET PRESENT VALUE FOR PURPOSES OF CALCULATING THE FEE IN LIEU OF TAXES, AND TO PROVIDE THAT FEES RECEIVED BY SCHOOL DISTRICTS UNDER NONADJUSTING FEE FORMULAS ARE NOT CONSIDERED LOCAL REVENUE FOR PURPOSES OF COMPUTING MINIMUM EFFORT REQUIREMENTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3824U), which was adopted.

Amend the bill, as and if amended, by striking Section 4-29-67(B)12)(c), as contained in SECTION 1, page 4, and inserting:

/(c) an annual payment using a formula that results in a fee not less than the amount required pursuant to subitem (a). except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable for the preceding five years in the district where the project is located./

Amend further by striking subsections (H) and (I) of Section 4-29-67, as contained in SECTION 1, beginning on page 5, and inserting:

/(H) The minimum amount of the initial investment provided in subsection (A) of this section may not be reduced except by a special vote which, for purposes of this section, means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch./

Renumber to conform.

Amend title to conform.

Rep. J. ROGERS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. WILKINS moved that the House do now adjourn.

Rep. HEARN demanded the yeas and nays, which were not ordered.

The motion to adjourn was agreed to by a division vote of 53 to 33.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

To. 3812 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1989, FOR ITS ANNUAL STATE HOUSE MEETING.

H. 3978 -- Rep. Beasley: A CONCURRENT RESOLUTION TO DECLARE MAY 14-20, 1989 "NATIONAL TRANSPORTATION WEEK".

H. 3986 -- Rep. Koon: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. SAMUEL ASBURY GEORGE, SR., OF LEXINGTON, UPON HIS DEATH.

H. 3987 -- Rep. Koon: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. CLYDE M. BARR OF LEESVILLE, UPON HIS DEATH.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.


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