Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God, our Father, we come in this morning prayer with grateful hearts that it is a great day to be alive. Help us to conduct ourselves this day with high hopes, fruitful faith and glorious goals as we move onward and upward to a greater South Carolina and a better nation. Make us strong that when difficulties come, we shall not fail; when differences burst upon us, we shall not falter; when hardships roll over us, we shall not give up in frustrations or give way in defeat.
So as we move into this day, engraft within us the confident words of Psalmist: "I will say to the Lord, He is my Refuge and my Fortress; my God, in Him will I trust" 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 yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., February 12, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:10 A.M. Thursday 2-13-92 for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SCOTT, the invitation was accepted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4409 -- Rep. Wilkins: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND AS AN ENGINEER-IN-TRAINING, SO AS TO REQUIRE THAT THE TRANSCRIPTS OF APPLICANTS EDUCATED OUTSIDE OF THE UNITED STATES MEET CERTAIN CRITERIA BECOME THE MINIMUM REGISTRATION QUALIFICATIONS AS OF A FUTURE DATE; AND TO AMEND SECTION 40-22-460, RELATING TO EXEMPTIONS FROM REGISTRATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO CLARIFY THAT FEDERAL EMPLOYEES WORKING ON FEDERAL PROPERTY ARE EXEMPT.
Referred to Committee on Labor, Commerce and Industry.
H. 4410 -- Reps. Wilkins, Kirsh, Gonzales, Kempe, Harvin, Wells, Quinn, Smith, Rama and Keegan: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
Referred to Committee on Judiciary.
H. 4411 -- Reps. Gonzales, Kempe, J. Bailey, D. Williams, Fulmer, Rama, A. Young, Cato, Haskins, Whipper, Holt, Inabinett, D. Martin, G. Bailey, Glover, Beatty, Foster, Felder, Vaughn, Harrelson, Council, Byrd, Taylor, Riser, Cobb-Hunter, Corning and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-60 SO AS TO PROHIBIT THE CANCELLATION OF OR REFUSAL TO WRITE OR RENEW INSURANCE COVERAGE BASED ON CERTAIN FACTORS, REQUIRE WRITTEN REASONS FOR AN INSURER'S OR AGENT'S ACTION, AND PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 4412 -- Reps. J. Harris and K. Burch: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 SO AS TO DESIGNATE STATE HIGHWAY 145 IN CHESTERFIELD COUNTY AS THE "CAROLINA SANDHILLS SCENIC HIGHWAY".
Referred to Committee on Education and Public Works.
Rep. D. ELLIOTT moved that when the House adjourns it adjourn in memory of John Evans of Little River, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baxley Beatty Brown, G. Brown, H. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Council Delleney Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jennings Johnson, J.W. Keegan Kempe Kennedy Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, February 13.
Robert A. Barber Lewis R. Vaughn James P. Harrelson George H. Bailey Harriet H. Keyserling Jean L. Harris Mike F. Jaskwhich William D. Boan Dell Baker E. B. McLeod Jr. Edward L. Bennett David M. Beasley Gilda Cobb-Hunter Samuel R. Foster James L. Cromer Jr. Timothy F. Rogers Maggie W. Glover Joe E. Brown John G. Felder C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The SPEAKER granted Rep. J. BROWN a temporary leave of absence.
Announcement was made that Dr. Terry L. Dodge of Rock Hill is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 797 -- Senator Martin: A BILL TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.
H. 4391 -- Rep. Felder: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT TO CHARGE FEES FOR SUPPLEMENTARY INSTRUCTIONAL MATERIALS; TO REVISE THE PER DIEM AND MILEAGE THAT MEMBERS OF THE BOARD OF TRUSTEES SHALL RECEIVE; TO ABOLISH THE CALHOUN COUNTY BOARD OF EDUCATION ON THE EFFECTIVE DATE OF THIS ACT, AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS TO SPECIFIED ENTITIES; TO ABOLISH THE OFFICE OF CALHOUN COUNTY SUPERINTENDENT OF EDUCATION UPON THE EXPIRATION OF THE CURRENT TERM OF THE INCUMBENT SUPERINTENDENT OF EDUCATION, AND DEVOLVE THE FUNCTIONS, DUTIES, AND POWERS OF THIS OFFICE UPON THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT; AND TO REPEAL SECTION 1 OF ACT 743 OF 1976, RELATING TO THE CALHOUN COUNTY BOARD OF EDUCATION.
On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 797 be read the third time tomorrow.
On motion of Rep. FELDER , with unanimous consent, it was ordered that H. 4391 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.
H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.
H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.
H. 4204 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.
H. 4353 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4355 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CERTIFIED WELL DRILLERS, BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 853 -- Senators Saleeby and J. Verne Smith: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.
S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: A BILL TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-160 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS, SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION FOR EIGHTH GRADE STUDENTS, SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE, AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING.
S. 1272 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.
The following Bill was taken up.
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
Rep. WRIGHT explained the Bill and moved to adjourn debate upon the Bill, until Tuesday, February 18, which was adopted.
The following Bill was taken up.
H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The motion of Rep. SHEHEEN to reconsider the vote whereby the Bill, as amended, was given a second reading was taken up.
Rep. HASKINS moved to table the motion to reconsider, which was agreed to.
Reps. KINON, HENDRICKS and WALDROP withdrew their objections to the Bill.
The Bill was then read the third time, and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. ROGERS having the floor.
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Debate was resumed on Amendment No. 3, which was proposed on Wednesday, February 12, by Reps. NETTLES and WILKINS.
Rep. ROGERS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\436\11802.DW), which was adopted.
Amend the bill, as and if amended, page 1, Section 22-3-545(B)(1), line 39, by inserting after /disposition./ /Both parties must have the opportunity to be heard by the chief administrative judge and the case may not be transferred from the general sessions court unless the defendant agrees in writing to the transfer./
Amend title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
Reps. NETTLES and WILKINS proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\436\11781.DW), which was adopted.
Amend the bill, as and if amended, page 1, Section 22-3-545(A), line 31, by striking /two/ and inserting /five/ and by striking /, five hundred/.
Amend further, page 1, Section 22-3-545(B)(1), line 35, by inserting after /solicitor/ /, upon ten days written notice to the defendant,/
Amend further, page 1, Section 22-3-545(B)(1), line 38, by inserting after /magistrate's/ /or municipal/.
Amend further, page 1, Section 22-3-545(B)(1), line 39, by inserting after /disposition./ /Both parties must have the opportunity to be heard by the chief administrative judge./
page 2, Section 22-3-545(B), lines 2 through 5, by striking item (3).
Amend further, page 2, Section 22-3-545(B)(4), line 6, by inserting after /magistrate's/ /or municipal/.
Amend further, page 2, Section 22-3-545(C), line 10, by inserting after /magistrate's/ or municipal/.
Amend further, page 2, Section 22-3-545, lines 12 through 15, by striking subsection (D) and inserting:
/(D) Provision for an adequate record must be made by the solicitor's office./
Amend further, page 2, Section 22-3-545, by inserting immediately after line 15:
Amend title to conform.
Rep. ROGERS moved to adjourn debate upon the Bill until Tuesday, February 18, which was adopted.
The following Bill was taken up.
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\BR1\2102.BD).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-3-20(C)(b) of the 1976 Code is amended by adding an appropriately numbered subitem to read:
"( ) The defendant was mentally retarded at the time of the crime. 'Mentally retarded' means having significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period and which subaverage general intellectual functioning significantly impairs one's ability to understand the wrongfulness of one's acts and their consequences. However, 'mentally retarded' does not include a mental state manifested primarily by repeated unlawful or antisocial conduct."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber subitems to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. WOFFORD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 6, by the Committee on Judiciary.
Rep. BAXLEY moved to table the amendment, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\2114.AC), which was adopted.
Amend the bill, as and if amended, by striking Section 5-23-100(3) and inserting:
/(3) To authorize upon appeal in specific cases such variance from the terms of any ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinance will result in unnecessary hardship and so that the spirit of such ordinance is observed and substantial justice done; provided, however, a municipality may by ordinance require an affirmative vote of two-thirds of the board members present and voting before a variance may be granted for a use of land, a building, or a structure that is prohibited in a given district by ordinance or resolution a municipality by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district and, if it does permit such a variance, it may require the affirmative vote of two-thirds of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the governing body of a municipality may overrule the decision of the local board of adjustment concerning a use variance./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.
Rep. ROGERS explained the Bill and moved to adjourn debate upon the Bill until Tuesday, February 18, which was adopted.
The following Joint Resolution was taken up.
H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 6, by the Committee on Education and Public Works.
Rep. WRIGHT explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. WRIGHT having the floor.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Ways and Means.
H. 3827 -- Reps. Barber, G. Brown, Baxley, Rogers, L. Elliott, Jaskwhich, Keyserling, Waites, Kempe, M.O. Alexander, Farr, Cole, McCraw and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-422 SO AS TO REQUIRE AN IMPACT FEE FOR THE ISSUANCE OF AN ORIGINAL CERTIFICATE OF TITLE FOR A MOTOR VEHICLE PREVIOUSLY TITLED OUTSIDE OF SOUTH CAROLINA, REQUIRE THE REVENUE GENERATED FROM THE FEE BE DEPOSITED IN THE HERITAGE LAND TRUST FUND, PROVIDE THAT A PORTION OF THE INCREASED FEE BE REMITTED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE EXEMPTIONS.
Rep. WAITES, with unanimous consent, made a statement relative to the fact that the Legislature has taken no vote on whether Barnwell Low-Level Radioactive Site should remain open after December 31, 1992, and the two state employees presenting a proposal to the Southeast Compact on February 14, represent only the Governor and the DHEC Board.
The Senate amendments to the following Bill were taken up for consideration.
H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.
Rep. PHILLIPS explained the Senate amendment.
The Senate Amendments were agreed to, and the Bill 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.
The Senate amendments to the following Bill were taken up for consideration.
H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.
Rep. WILKINS explained the Senate amendment.
The Senate Amendments were agreed to, and the Bill 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.
At 11:10 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified:
(R260) S. 362 -- Senators Holland, Moore, Matthews and Wilson: AN ACT TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE PAYMENT FOR ELECTION PROTESTS AND CONTESTS, REVISE PROVISIONS REGARDING THE CONDUCT OF ELECTIONS, APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, AND MANAGERS OF ELECTION, BALLOTS, AND CANVASSING OF VOTES; TO AMEND THE 1976 CODE BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF OFFICIAL COUNTY AND STATE BALLOTS; TO PROVIDE FOR THE CONDUCT OF PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES; TO PROVIDE FOR THE ACT'S EFFECT ON A COUNTY OPERATING ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS; TO PROVIDE THE DATE FOR CERTAIN PRIMARIES TO BE CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS; AND TO REPEAL SECTION 7-9-110 RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH COUNTY PARTY ELECTION COMMISSIONS; AND TO REPEAL SECTION 7-13-90 RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES.
(R261) S. 341 -- Senators Wilson and Rose: AN ACT TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.
(R262) S. 313 -- Senators Setzler and Mullinax: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-350 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO SUBMIT CERTAIN ANNUAL REPORTS RELATING TO THIS STATE'S PUBLIC, POST-SECONDARY INSTITUTIONS TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY BEGINNING IN 1993, TO PROVIDE FOR THE SPECIFIC INFORMATION TO BE INCLUDED IN THE REPORTS AND FOR THE SECURING OF INFORMATION FOR THE ANNUAL REPORTS FROM THIS STATE'S TWO-YEAR AND FOUR-YEAR PUBLIC, POST-SECONDARY INSTITUTIONS.
(R263) S. 510 -- Senator Bryan: AN ACT TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO MAKE VALID IN THIS STATE A DURABLE POWER OF ATTORNEY EXECUTED IN ANOTHER JURISDICTION IF THE DURABLE POWER OF ATTORNEY, WHEN EXECUTED, COMPLIED WITH THE LAW APPLYING TO SUCH INSTRUMENTS IN THE JURISDICTION WHERE IT WAS EXECUTED, AND TO PROVIDE FOR THE RECORDING OF SUCH INSTRUMENTS.
(R264) S. 1080 -- Senators J. Verne Smith, Mitchell, Bryan and Stilwell: AN ACT TO AMEND ACT 743 OF 1962, AS AMENDED, RELATING TO THE GREENVILLE COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ENLARGE THE MEMBERSHIP OF THE COMMISSION TO INCLUDE AN EXECUTIVE OFFICER OF THE GREENVILLE HIGHER EDUCATION CENTER ADVISORY COUNCIL.
(R265) S. 189 -- Senator Giese: AN ACT TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO REDEFINE THE PERMISSIBLE BOTTLE ROCKETS AND PROVIDE THAT ALL BOTTLE ROCKETS SMALLER THAN PROVIDED FOR IN THIS SECTION MAY BE STORED BY LICENSED WHOLESALE DISTRIBUTORS FOR OUT-OF-STATE DISTRIBUTION ONLY.
(R266) S. 1096 -- Senator Mullinax: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR COUNTY MAGISTRATES' COURTS, SO AS TO REVISE THE JURY AREAS FOR ANDERSON COUNTY BY PROVIDING FOR ONE JURY AREA COUNTYWIDE.
(R267) S. 988 -- Senators Mullinax, O'Dell and Macaulay: AN ACT TO AUTHORIZE THE ANDERSON COUNTY FIRE PROTECTION COMMISSION TO APPOINT AND COMMISSION FIRE INVESTIGATORS WITH THE POWERS OF COUNTY LAW ENFORCEMENT OFFICERS AND TO PROVIDE FOR THEIR QUALIFICATIONS.
(R268) S. 1067 -- Senators Setzler and Rose: AN ACT TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE AREAS OF NEED WHICH JUSTIFY CANCELLATION OF A SOUTH CAROLINA STUDENT LOAN AT A SPECIFIED RATE, TO PROVIDE THAT BEGINNING JULY 1, 1989, RECIPIENTS OF THESE LOANS MAY HAVE THEIR LOANS CANCELED AT AN ACCELERATED RATE IF THEY TEACH IN BOTH AN ACADEMIC CRITICAL NEED AREA AND IN A GEOGRAPHIC NEED AREA, AND TO PROVIDE FOR THE CANCELLATION AT AN ACCELERATED RATE BEGINNING JULY 1, 1990, OF LOANS GRANTED UNDER THE GOVERNOR'S TEACHING SCHOLARSHIP LOAN PROGRAM UNDER CERTAIN CONDITIONS.
(R269) S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS; AND TO REPEAL SECTION 7-7-145, RELATING TO DESIGNATED POLLING PLACES IN CHARLESTON COUNTY.
(R270) S. 263 -- Senator Nell W. Smith: AN ACT TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R271) H. 4227 -- Reps. L. Martin, Hendricks and Marchbanks: AN ACT TO AMEND ACT 285 OF 1987, RELATING TO THE CREATION OF A REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM FIVE TO SEVEN.
(R272) H. 4221 -- Reps. Keegan, Altman, Snow and M. Martin: AN ACT TO AMEND ACT 876 OF 1966, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO AUTHORIZE THE ANNUAL LEVY AND COLLECTION OF NOT EXCEEDING TEN MILLS UPON ALL TAXABLE PROPERTY WITHIN THE DISTRICT IN ORDER TO DEFRAY THE COST OF ITS OPERATION AND MAINTENANCE.
(R273) H. 4176 -- Reps. Baker, M. O. Alexander, Anderson, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 30, JENNINGS MILL, PRECINCT 77, CHESTNUT HILLS, PRECINCT 80, PARAMOUNT, PRECINCT 86, WELLINGTON, AND PRECINCT 90, DEVENGER.
(R274) H. 4192 -- Rep. Cato: AN ACT TO REPEAL ACT 834 OF 1976 RELATING TO THE AUTHORIZATION GRANTED TO THE GOVERNING BODY OF THE SLATER-MARIETTA FIRE DISTRICT IN GREENVILLE COUNTY TO PROVIDE POLICE PROTECTION WITHIN THE DISTRICT.
(R275) H. 3351 -- Rep. Cromer: AN ACT TO AMEND SECTION 59-111-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR PERSONS AGE SIXTY OR OVER TO ATTEND CLASSES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS WITHOUT PAYMENT OF TUITION, SO AS TO DELETE A PROVISION WHICH PREVENTS THE PERSON FROM BEING ENTITLED TO FREE TUITION IF HIS SPOUSE RECEIVES COMPENSATION AS A FULL-TIME EMPLOYEE.
(R276) H. 3603 -- Reps. Waites and Kinon: AN ACT TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED; AND TO REPEAL SECTION 4-11-90 RELATING TO THE REQUIREMENT THAT COUNTY OFFICERS PAY CERTAIN UNCLAIMED FUNDS TO COUNTY TREASURERS.
(R277) H. 4042 -- Rep. Holt: AN ACT TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND DESIGNATE THE AREAS FROM WHICH MEMBERS MUST BE APPOINTED, TO PROVIDE THAT THE TERMS OF CURRENT COMMISSIONERS END WHEN THEIR SUCCESSORS APPOINTED IN 1992 TAKE OFFICE, TO STAGGER THE TERMS OF COMMISSION MEMBERS, AND TO PROVIDE THAT FORMER COMMISSIONERS MAY BE APPOINTED TO THE RECONSTITUTED COMMISSION.
(R278) H. 3315 -- Rep. Clyborne: AN ACT TO AMEND SECTION 20-7-1738, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CUSTODY OF AN ADOPTEE FOLLOWING PLACEMENT, SO AS TO PROVIDE FOR A REMOVAL HEARING WHEN ADOPTIVE PARENTS HAVE RECEIVED AN ADOPTEE BUT NO PETITION HAS BEEN FILED.
(R279) H. 3708 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PARKING FOR HANDICAPPED PERSON, SO AS TO PROVIDE THAT A LICENSED PHYSICIAN SHALL CERTIFY DISABILITY UNLESS THE APPLICANT IS AN AGENCY OR ORGANIZATION COMPLYING WITH SECTION 56-3-1910.
At 11:25 A.M. the House resumed, the SPEAKER in the Chair.
The following House Resolution was taken up.
H. 4369 -- Reps. Jennings, Harrelson, D. Elliott, Cromer, Barber, Keyserling, Gentry, Wilder, J. Harris, Beasley, Baxley, Harwell, K. Burch, Kempe, Waites, Keegan, Scott, Farr, Neilson, Hodges, Canty, Glover, Riser, McCraw, Houck, Townsend, Anderson, Kinon, L. Elliott, McAbee, Altman, McKay, Whipper, Kennedy, Boan, H. Brown, L. Martin, Inabinett, Cork, Taylor, Snow, Corbett, Byrd, Wright, Harvin, McElveen, Phillips, Beatty, Manly, McTeer, Foster, M. Martin and Delleney: A HOUSE RESOLUTION TO MEMORIALIZE THE SOUTHEAST COMPACT COMMISSION FOR LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT TO ADOPT A "GOOD NEIGHBOR" POLICY PRECLUDING THE LOCATION OF ANY NEW LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY ON ANY SITE WITHIN TEN MILES OF THE BORDER OF ANY NEIGHBORING STATE AND CALLING UPON THE SOUTH CAROLINA DELEGATES TO THE SOUTHEAST COMPACT COMMISSION TO INSIST UPON INCLUSION OF SUCH A POLICY IN ANY MILESTONES WHICH ARE PRESENTED TO THE REGIONAL COMPACT COMMISSION.
Whereas, the State of South Carolina has willingly and cooperatively met its obligations under the Southeast Low-Level Radioactive Waste Management Compact Law as the first host state and has continued to host a low-level radioactive waste disposal facility at Barnwell for in excess of twenty years; and
Whereas, under the compact agreement, "It is the policy of the party states to enter into a regional low-level radioactive waste management compact for the purpose of providing the instrument and framework for a cooperative effort . . . to distribute the costs, benefits, and obligations of successful low-level radioactive waste management equitably among the party states . . ."; and
Whereas, the State of North Carolina has been designated as the second host state for the next southeast regional low-level radioactive waste facility; and
Whereas, the State of North Carolina is proceeding to investigate and possibly develop its low-level waste facility on a site that is only two and three-tenths miles from the South Carolina border; and
Whereas, the site designated for investigation for the facility is adjacent to headwaters of tributaries of the Great Pee Dee and Little Pee Dee Rivers which serve as a major surface water supply for public water systems in northeastern South Carolina, including the Pee Dee and Grand Strand areas; and
Whereas, the North Carolina site is located in an area that discharges groundwater to the surface and into the Great Pee Dee and Little Pee Dee Rivers, and it is also located in an area of recharge for the Middendorf Formation which is a prolific, good quality aquifer used as a source of well water extensively in South Carolina; and
Whereas, it is acknowledged by reputable experts and agencies, including the United States Geological Survey and the International Atomic Energy Agency, that groundwater and surface water are mediums which have the highest potential for transport of accidental or undetected releases of radionuclides; and
Whereas, the site under consideration, which is located in Richmond County, North Carolina, poses a perceived and/or potentially real impact on large areas of South Carolina should a release of radionuclides occur from the facility; and
Whereas, the site in Richmond County, North Carolina, would impact a comparably small area of North Carolina and would present potential risks to a large concentration of people only in South Carolina; and
Whereas, if the site in Richmond County, North Carolina, is developed as the next regional facility, such action would be contrary to the intent of the Southeast Low-Level Radioactive Waste Management Compact provisions to "distribute the costs, benefits and obligations of successful low-level radioactive waste management equitably among the party states"; and
Whereas, the State of North Carolina has not met its obligations pursuant to the compact agreement in establishing a regional facility within the time frame established by the Southeast Compact Commission; and
Whereas, the Southeast Compact agreement effectively terminates the Barnwell, South Carolina, site as a regional facility on December 31, 1992, unless such date is amended by the South Carolina General Assembly; and
Whereas, Article V Section (b) of the Southeast Compact agreement provides that "a host state is not prevented from closing its facility or establishing conditions of use and operations as necessary for the protection of the health and safety of its citizens"; and
Whereas, the State of South Carolina has arduously supported and complied with the Southeast Compact agreement and the Low-Level Radioactive Waste Policy Act (P.L. 96-573) adopted by the United States Congress; and
Whereas, the people of the State of South Carolina have sacrificed to an extent unmatched by any other state in the Southeast Region or the nation; and
Whereas, the State of South Carolina is willing to support the efforts of its sister states to insure that the Southeast Compact remains intact to support and enhance the economy of South Carolina and the Southeast Region; and
Whereas, the Southeast Compact Commission recommended on October 25, 1991, that South Carolina extend the closing date of the Barnwell facility beyond December 31, 1992; and
Whereas, the Southeast Compact Commission will meet on February 14, 1992, in Atlanta to consider certain milestones which are to be met by the State of North Carolina in its siting and building of a low-level radioactive waste disposal facility; and
Whereas, the location of any low-level radioactive waste disposal site on the immediate border of any other neighboring state within the Southeast Region is an indication of bad faith and is violative of the spirit of equity and fairness contemplated by the Regional Compact agreements and law. Now, therefore,
Be it resolved by the House of Representatives:
That the Southeast Compact Commission for Low-Level Radioactive Waste Management is memorialized to promulgate within its site selection criteria and within any milestones which are promulgated for the State of North Carolina a "good neighbor policy" precluding the location of any new low-level radioactive waste facility site within ten miles of the border of any neighboring state.
Be it further resolved that the South Carolina House of Representatives calls upon the South Carolina delegates to the Southeast Compact Commission to present this resolution to the full commission and insists upon inclusion of such a policy in any milestones which North Carolina must agree to meet.
Be it further resolved that the South Carolina House of Representatives observe the action taken on this resolution by the Southeast Compact Commission and by the State of North Carolina as an indication of whether or not the Southeast Compact Commission and the State of North Carolina are acting in good faith in carrying out the compact's goals of fairness and equity.
Be it further resolved that a copy of this resolution be forwarded to the Southeast Compact Commission for Low-Level Radioactive Waste Management, Suite 100, 3901 Barrett Drive, Raleigh, North Carolina 27609, and to the South Carolina Commissioners of the Southeast Compact Commission for Low-Level Radioactive Waste Management.
Rep. JENNINGS explained the Resolution.
Reps. HUFF, WILDER, McELVEEN and HARRELSON spoke in favor of the Resolution.
Rep. JENNINGS demanded the yeas and nays on the adoption of the Resolution, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harrison Harwell Haskins Hendricks Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Resolution was adopted.
Rep. FAIR moved that the House recur to the morning hour, which was agreed to.
Rep. KIRSH, from the York Delegation, submitted a favorable report, with amendments, on:
S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 INTO ROCK HILL NO. 6A AND ROCK HILL NO. 6B.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 INTO ROCK HILL NO. 6A AND ROCK HILL NO. 6B.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6159.SD), which was adopted.
Amend the bill, as and if amended, in SECTION 1, by striking /Rock Hill No. 6A; Rock Hill No. 6B; Rock Hill No. 7;/ which begins on line 35 of page 1 and inserting:
/Rock Hill No. 6; Rock Hill No. 7; Rock Hill No. 8;/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1266 be read the third time tomorrow.
The following was introduced:
H. 4413 -- Rep. Delleney: A HOUSE RESOLUTION TO CONGRATULATE THE GREAT FALLS "RED DEVILS" HIGH SCHOOL FOOTBALL TEAM AND ITS COACH FOR WINNING THE CLASS A, DIVISION 1, STATE CHAMPIONSHIP FOR 1991 AND GRANTING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, FEBRUARY 26, 1992, FOR THE PURPOSE OF BEING RECOGNIZED.
Whereas, the members of the General Assembly were delighted to learn that the Great Falls "Red Devils" High School Football Team was victorious in winning the Class A, Division 1, State Championship; and
Whereas, this hard-fought victory against Timmonsville was the culmination of a 15-0 season; and
Whereas, this team had to do it the hard way by scoring a touchdown and a two-point conversion with thirty-eight seconds left to defeat Timmonsville 15-14 and win its first state football championship since 1934; and
Whereas, under the direction of their coach, Danny Sawyer, the team was able to achieve this goal. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House congratulate the Great Falls "Red Devils" High School Football Team on winning the Class A, Division 1, State Championship for 1991.
Be it further resolved that the Great Falls "Red Devils" High School Football Team and its coach, Danny Sawyer, be granted the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, on Wednesday, February 26, 1992, for the purpose of being recognized.
Be it further resolved that a copy of this resolution be forwarded to Coach Danny Sawyer.
The Resolution was adopted.
The following was introduced:
H. 4414 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE RESCUE 11 EMERGENCY MEDICAL SERVICES SQUAD OF LANDRUM ON WINNING THE STATE EMERGENCY MEDICAL SERVICES SYSTEM OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4415 -- Reps. Manly, Barber, Hallman, Fulmer, Kempe, Riser, Waites, Cork, Jaskwhich, Scott, J. Bailey, Cato, Anderson, Beatty, Corbett, Sturkie, McKay, Phillips, Inabinett, Byrd, Taylor, Glover and Farr: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO TAKE THE APPROPRIATE STEPS TO PROHIBIT THE MAILING AT REDUCED OR BULK POSTAL RATES OF ANY MATERIAL THAT IS NOT RECYCLABLE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4416 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND THE INSTITUTE OF INTERNAL AUDITORS AND ITS FIFTY THOUSAND MEMBERS WORLDWIDE FOR ITS MANY CONTRIBUTIONS IN THE FIELDS OF BUSINESS, INDUSTRY, GOVERNMENT, AND EDUCATION, TO ALSO COMMEND THE PALMETTO CHAPTER OF THE INSTITUTE AND ITS DISTINGUISHED MEMBERS AND HONOREES FOR THEIR PROFESSIONALISM AND ACCOMPLISHMENTS IN INTERNAL AUDITING, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF FEBRUARY, 1992, AS "CERTIFIED INTERNAL AUDITOR MONTH" IN SOUTH CAROLINA.
Whereas, the Institute of Internal Auditors is an international professional association representing nearly fifty thousand internal auditors in business, industry, government, and education in more than one hundred countries, and the Institute is celebrating "Certified Internal Auditor Month" in February; and
Whereas, the Institute of Internal Auditors established the Certified Internal Auditor program in December, 1972, to enhance the recognition of internal auditing and provide proper direction to internal auditors seeking to further their professional development and advancement; and
Whereas, more than eighteen thousand certified internal auditors have attained certified status through successful completion of the Certified Internal Auditor program; and
Whereas, certified internal auditors are members of a recognized professional group who benefit from greater acceptance in their role as advisor to management; and
Whereas, the Palmetto Chapter of the Institute of Internal Auditors is very active with a vibrant membership and over fifty members of the Palmetto Chapter have received the CIA designation; and
Whereas, a Palmetto Chapter member, Barbara Brown Wagers, Accounting Instructor at Midlands Technical College and formerly Internal Audit Supervisor at the South Carolina Tax Commission, was commended by the Board of Regents and the Certification Department of the Institute of Internal Auditors for being the "best in the world" by earning the Highest Achievement Award for the November, 1989, CIA examination; and
Whereas, a Palmetto Chapter member, Dennis Lynn Wade, Director of Audit Services at Colonial Life and Accident Insurance Company, has been commended by the Board of Regents and the Certification Department of the Institute of Internal Auditors as one of twenty-five candidates awarded Honorable Mention for scoring just below the five certificate of excellence winners on the November, 1991, CIA examination; and
Whereas, Michael Gregory Hill, an MBA student at the University of South Carolina, has been recognized by the Palmetto Chapter after being notified by the Board of Regents that he is the recipient of the Student Highest Achievement Award on the November, 1991, CIA examination; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate the Institute of Internal Auditors and its many thousands of members upon the occasion of Certified Internal Auditor Month. The members of the General Assembly further would like to recognize and congratulate the Palmetto Chapter of the Institute, its fine members, and especially those three outstanding individuals referenced above who represent professionalism to the highest degree in the field of internal auditing; and
Whereas, the General Assembly, by this resolution, also requests the Governor to proclaim the month of February in South Carolina as "Certified Internal Auditor Month." Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Institute of Internal Auditors and its fifty thousand members worldwide for its many contributions in the fields of business, industry, government, and education, and commend the Palmetto Chapter of the Institute and its distinguished members and honorees for their professionalism and accomplishments in the field of internal auditing.
Be it further resolved that the Governor is requested to declare the month of February, 1992, as "Certified Internal Auditor Month" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Governor.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4417 -- Rep. Gentry: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 4418 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4419 -- Reps. Kempe, Rogers, Keyserling, Harrison, Beatty, Manly, Corbett, Cork, Cobb-Hunter, Waites, Barber, Cromer and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ESTABLISH ENVIRONMENTAL COMPLIANCE HISTORY REQUIREMENTS FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERMITS INCLUDING AUTHORIZING THE DEPARTMENT TO REVIEW AND CONSIDER THE ENVIRONMENTAL COMPLIANCE HISTORY OF A PERMIT APPLICANT OR PERSON, TO REQUIRE THE FILING OF A DISCLOSURE STATEMENT, AND TO CHARGE AND COLLECT A FEE PURSUANT TO REGULATION FOR CONDUCTING BACKGROUND INVESTIGATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4421 -- Reps. Sheheen, Waites, Kempe, Hallman, Beatty, Keyserling, McElveen and McLeod: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-135 SO AS TO PROVIDE THAT A GENERATOR OF HAZARDOUS WASTE IS LIABLE FOR IMPROPER DELIVERY OF THE WASTE; TO AMEND SECTION 44-56-40, RELATING TO POWERS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CARRY OUT THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ESTABLISH AND COLLECT FEES FOR PERMITS AND FOR COSTS INCURRED IN CONDUCTING INVESTIGATIONS OF PERMIT VIOLATIONS AND IN CONNECTION WITH ISSUING PERMITS; TO AMEND SECTION 44-56-60, AS AMENDED, RELATING TO PERMIT REQUIREMENTS, SO AS TO REQUIRE A DEMONSTRATION OF NEED TO OBTAIN A PERMIT AND TO REOPEN A FACILITY OR SITE WHEN CLOSED OR CONDEMNED, TO PROVIDE THAT PERMITS ARE VALID FOR FIVE YEARS, UNLESS A CONDITION OF THE PERMIT STATES A SHORTER DURATION, TO PROVIDE CRITERIA FOR EVALUATING NEW AND RENEWAL PERMIT APPLICATIONS, TO REQUIRE APPLICANTS TO PAY, AMONG OTHER THINGS, FOR COSTS OF INVESTIGATIONS RELATED TO THE EVALUATION OF PERMIT APPLICATIONS, AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE A DISCLOSURE STATEMENT UPON APPLICATION FOR A PERMIT, TO PROVIDE FOR THE CONTENTS OF THE STATEMENT AND GROUNDS UPON WHICH THE APPLICATION MAY BE DENIED; TO AMEND SECTION 44-56-140, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCLUDE SPECIFIC FORMS OF INJUNCTIVE RELIEF AND TO AUTHORIZE ADDITIONAL FINES TO BE PAID TO THE HAZARDOUS WASTE CONTINGENCY FUND AND ASSESSMENTS FOR COSTS INCURRED BY THE DEPARTMENT IN INVESTIGATING VIOLATIONS; AND TO AMEND SECTION 44-56-160, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FINANCING THE FUND INCLUDES CERTAIN FINES ASSESSED FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. L. MARTIN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4414 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE RESCUE 11 EMERGENCY MEDICAL SERVICES SQUAD OF LANDRUM ON WINNING THE STATE EMERGENCY MEDICAL SERVICES SYSTEM OF THE YEAR AWARD.
At 11:45 A.M. the House in accordance with the motion of Rep. D. ELLIOTT adjourned in memory of John Evans of Little River, to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 8:46 A.M.