South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

THURSDAY, MAY 28, 1992

Thursday, May 28, 1992
(Statewide Session)

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:

O God and Father of mankind, in Whose presence our hearts are gladdened and our ambitions heightened, we are grateful for the ventures and endeavors to which we are called to be co-laborers with You. Give us to see that victorious living and productive service cannot be ours unless we heed the voice:

"Rise up, O people of God

Be done with lesser things,

Give heart and mind and soul and strength

To serve the King of Kings."

May the prayers we offer be translated into obedient action as we now face the waiting tasks so close at hand.

Sustain us as we lean heavily upon Your strong right arm. 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.

MOTION ADOPTED

Rep. CORBETT moved that when the House adjourns, it adjourn in memory of Mr. Flkri Sidhom Saleh, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 27, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 415, S. 1347 by a vote of 45 to 0.
(R415) S. 1347 -- Senator O'Dell: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
Very respectfully,
President

Received as information.

R. 415; S. 1347--GOVERNOR'S VETO OVERRIDDEN
State Of South Carolina
Office Of The Governor

The following was received.

May 19, 1992
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 1347, R-415, an Act:
S. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
This veto is based upon an opinion of the Attorney General's Office dated May 18, 1992, which states in concluding:
"The act bearing ratification number 415 of 1992 amends Act No. 902 of 1964, to delete the requirement that members of the Abbeville County Historic Preservation Commission be recommended by certain municipalities, to authorize the Commission to elect a secretary and treasurer rather than a secretary-treasurer, to authorize officers to succeed themselves under certain conditions, and to substitute county council for the delegation as the entity which may appropriate money to the Commission. A review of Act No. 902 of 1964 reveals that it affects only Abbeville County. Thus, S. 1347, R-415 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for specific county shall be enacted.' Acts similar to S. 1347, R-415, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 6; Nays 0

Those who voted in the affirmative are:

Carnell                Gentry                 Harrelson
McAbee                 Shirley                Stoddard

Total--6

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

RESIGNATION
HOUSE OF REPRESENTATIVES
STATE OF SOUTH CAROLINA

The following was received.

Mr. ROBERT J. SHEHEEN
Speaker of the House

Dear Mr. Speaker and Members of the House:

I will not seek Re-Election for Reading Clerk in the next session. I plan to resign effective June 30, 1992.

I want to express my thanks and appreciation to all the members past and present for giving me the opportunity of serving eight years as assistant clerk and twenty six years as your Reading Clerk.

I know I will miss this institution as it has been a real pleasure for me. In closing I wish the very best for everyone of you in the coming years.

Sincerely,
Sidney F. Varn

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 27, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Thomas and Mullinax of the Committee of Conference on the part of the Senate on S. 1141:
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
Very respectfully,
President

No. 393

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 27, 1992

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. 1310:
S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.
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., May 27, 1992

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. 1361:
S. 1361 -- Senators Giese, Reese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.
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., May 27, 1992

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. 732:
S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.
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., May 27, 1992

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 H. 3364:
H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.
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., May 27, 1992

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. 1526:
S. 1526 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELETE A PORTION OF THE OLD UNITED STATES ROUTES 15 AND 301 IN ORANGEBURG COUNTY FROM THE STATE HIGHWAY SYSTEM AND TO TRANSFER THIS PORTION OF THE ROAD TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

H. 3685--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 13, 1992

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED - DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 12-49-300 of the 1976 Code is amended to read:

"Section 12-49-300. When real estate is sold for taxes in any a county, the sheriff, before delivering the title to such real estate to the purchaser at such sale, shall give not less than at least thirty days' notice of the sale to any a mortgagee or assignee of any a mortgage appearing of record within ten twenty years of such the seizure as interested who has an interest in such the real estate in order that such the mortgagee or assignee may have opportunity to redeem such the real estate, as provided by law for the owner thereof. Such The notice shall either must be served either on such the mortgagee or assignee in person or forwarded to his last known post office address by registered certified mail, return receipt requested - deliver to addressee only or when. When his whereabouts may be are unknown, it the notice may be had by publication published upon petition and order as is required for service of summons by publication in civil actions, the . The expense of which the publication and petition shall must be paid in advance of publication by the purchaser at such the sale."

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

/s/Alexander S. Macaulay          /s/James H. Harrison
/s/David L. Thomas                /s/F. G. Delleney, Jr.
/s/Theo W. Mitchell               /s/John B. Williams
On the part of the Senate.             On the part of the House.

H. 3685--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

ACTING SPEAKER HOLT IN CHAIR
HOUSE RESOLUTION

The following was introduced:

H. 4893 -- Reps. Neilson, Holt, P. Harris, L. Martin, Farr, Smith, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Shirley, Shissias, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING SPEAKER ROBERT J. SHEHEEN, COUNSEL TO THE SPEAKER, STEPHEN P. BATES, AND THE OTHER MEMBERS OF THE SPEAKER'S STAFF WHO WERE INSTRUMENTAL IN REPRESENTING THE INTERESTS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES DURING THE REAPPORTIONMENT PROCESS, SPECIFICALLY IN REGARD TO PREPARING AND PRESENTING THE REAPPORTIONMENT PLANS ADVOCATED BY THE HOUSE OF REPRESENTATIVES DURING THE LAWSUIT OF BURTON, ET AL. V. SHEHEEN, ET AL. BEFORE THE FEDERAL COURT.

Whereas, the South Carolina House of Representatives, following the release of the 1990 decennial census, undertook the task of legislatively redistricting the South Carolina House, Senate, and Congressional districts during the 1991-92 legislative session, but while plans for the House and Senate were legislatively adopted, no plans were enacted into law; and

Whereas, a lawsuit was filed in the United States District Court for the District of South Carolina in October of 1991, captioned Burton, et al. v. Sheheen, et al., in which Speaker of the House Robert J. Sheheen was named as a defendant in his representative capacity as the presiding officer of the South Carolina House of Representatives; and

Whereas, numerous hearings were held in conjunction with the lawsuit, including a three and a half week trial involving three federal court judges and twenty-six attorneys; and

Whereas, Speaker Robert J. Sheheen submitted to the court on the House's behalf reapportionment plans based on those passed by the House and presented testimony and other evidence to support the adoption of those plans; and

Whereas, the litigation required extensive research, correspondence, preparation of pleadings, analyses of maps and statistics, and zealous advocacy at trial; and

Whereas, the final order of the three-judge panel in the Burton, et al. v. Sheheen, et al. case ordered the implementation of new redistricting plans which are very similar in appearance and effect to those plans submitted to the court by Speaker Sheheen on behalf of the House; and

Whereas, Speaker Sheheen was assisted primarily by Staff Counsel Stephen P. Bates, Senior Assistant Attorney General Treva Ashworth, and Technical Consultant Robert Main, as well as other members of the Speaker's staff during preparation for the litigation, and was represented at trial by Stephen P. Bates; and

Whereas, Speaker Sheheen and the above-named staff members worked tirelessly, providing outstanding service to and representation of the House of Representatives without receiving any compensation beyond their normal salaries; and

Whereas, Speaker Sheheen was the only party to the lawsuit not to retain outside legal counsel, expert witnesses, or support staff and the only public defendant in the case not to incur legal costs at public expense; and

Whereas, the House of Representatives wishes to recognize and thank those who performed those services above and beyond their normal duties in representing the interests of the House during the entire reapportionment process, and during the litigation phase in particular. Now, therefore,

Be it resolved by the House of Representatives:

That the House hereby commends Speaker Robert J. Sheheen, Counsel to the Speaker, Stephen P. Bates, and the other members of the Speaker's staff which were instrumental in representing the interests of the South Carolina House of Representatives during the reapportionment process, specifically in regard to preparing and presenting the reapportionment plans advocated by the House of Representatives during the lawsuit of Burton, et al. v. Sheheen, et al. before the federal court.

Be it further resolved that the House of Representatives commends Speaker Robert J. Sheheen and his staff for performing that extraordinary task in a dedicated, professional, and fiscally responsible manner, without expending additional funds at the expense of the taxpayers of the State of South Carolina, and congratulates the Speaker, his counsel, and staff on the role they played in the formulation of the reapportionment plans incorporated by court order.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Robert J. Sheheen, Speaker of the House of Representatives.

The Resolution was adopted.

SPEAKER IN CHAIR
CONCURRENT RESOLUTION

The following was introduced:

H. 4894 -- Reps. Farr and Phillips: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS FOURTH CONSECUTIVE NATIONAL SHOOTING CROWN BY WINNING THE SCHOLASTIC CATEGORY OF THE 1992 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS.

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

HOUSE RESOLUTION

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

H. 4895 -- Reps. Fair, Beasley, Cooper, Delleney, Littlejohn, Marchbanks, Wells, Wright and R. Young: A HOUSE RESOLUTION TO ENCOURAGE LOCAL GOVERNMENTS TO PROTECT FIRST AMENDMENT FREEDOMS AND NOT INTERFERE WITH THE FREEDOMS OF SPEECH AND RELIGION AS EXERCISED IN PUBLIC PLACES.

Whereas, the founding fathers envisioned that certain rights were the foundation to a civilized society and a democracy; and

Whereas, these cornerstones of American freedom are contained in the Bill of Rights; and

Whereas, the First Amendment to the Constitution provides for freedoms of speech and religion among others; and

Whereas, recognizing that some forms of speech are inappropriate and the Constitution does not protect speech in the form of obscenity or speech that imperils the lives or safety of others; and

Whereas, the freedom of speech must be balanced against the freedom of religion. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the General Assembly encourage local governments to protect First Amendment freedoms and not interfere with the freedoms of speech and religion as exercised in public places.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1521 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEGISLATIVE AUDIT COUNCIL FOR HAVING RECEIVED TWO NATIONAL AWARDS ACKNOWLEDGING AGENCY EMPLOYEES' OUTSTANDING SKILLS IN CONDUCTING PERFORMANCE AUDITS.

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. 1578 -- Senator Giese: A CONCURRENT RESOLUTION TO RECOGNIZE DR. OLIVER NORMAN EVANS OF LEXINGTON COUNTY FOR BRINGING NATIONAL RECOGNITION TO THE STATE FOR HIS INNOVATIONS AND LEADERSHIP IN PATIENT QUALITY ASSURANCE AND FOR HIS MANY CONTRIBUTIONS TO THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH AND TO CONGRATULATE AND WISH HIM WELL IN HIS RETIREMENT.

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. 1579 -- Senators Macaulay, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING DR. RYAN C. AMACHER, DEAN OF THE COLLEGE OF COMMERCE AND INDUSTRY AT CLEMSON UNIVERSITY, ON HIS APPOINTMENT AS PRESIDENT OF THE UNIVERSITY OF TEXAS AT ARLINGTON.

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. 1580 -- Senators Passailaigue, Fielding, Martschink, McConnell, Washington, Bryan, Carmichael, Cork, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Matthews, McGill, Mitchell, Moore Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION TO HONOR ONE OF THIS STATE'S MOST OUTSTANDING LEADERS, DR. HARRY M. LIGHTSEY, ON HIS RETIREMENT AS PRESIDENT OF THE COLLEGE OF CHARLESTON.

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. 1585 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO COMMEND MR. H. FILMORE MABRY OF ORANGEBURG FOR HIS TRULY OUTSTANDING SERVICE AS PRESIDENT OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES.

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. 1586 -- Senator Giese: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF CHIEF DEPUTY ATTORNEY GENERAL JOE L. ALLEN, JR., UPON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM GOOD HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4896 -- Reps. Scott, J. Brown, Byrd, Taylor, Harrison, Shissias, Rogers and Cromer: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF RHONDA MINNETTE JACKSON MCDOWELL OF COLUMBIA.

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

INTRODUCTION OF BILLS

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

H. 4897 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-27-1295 SO AS TO AUTHORIZE FUNDS CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO MATCH FEDERAL HIGHWAY FUNDS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENTS OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO AMEND SECTION 57-3-450, RELATING TO THE SECRETARY-TREASURER OF THE DEPARTMENT, SO AS TO CHANGE THE NAME OF THE OFFICER AND PROVIDE FOR HIS APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 57-3-460, RELATING TO THE BOND OF THE SECRETARY-TREASURER, SO AS TO CHANGE THE NAME OF THE OFFICER; TO AMEND SECTION 57-3-470, RELATING TO THE STATE HIGHWAY ENGINEER, SO AS TO CHANGE THE NAME OF THE OFFICER AND PROVIDE FOR HIS APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT; AND TO REPEAL SECTION 2-63-10 RELATING TO THE COMMITTEE TO REVIEW INTRABUDGETARY TRANSFERS OF FUNDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Education and Public Works.

S. 1402 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 23-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY INSURANCE FOR LICENSED FIRE PROTECTION SPRINKLER CONTRACTORS, SO AS TO DEFINE THE TERM "AUTHORIZED" AS IT RELATES TO THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

S. 1465 -- Senator Rose: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT AND PROCEDURES USED IN ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE JUVENILES PAYING MONETARY RESTITUTION TO PAY A SURCHARGE ON THE AMOUNT, AND TO ALLOW THE DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY FORWARD THESE FEES FOR THE PURPOSE OF ADMINISTERING THESE PROGRAMS.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Barber                 Baxley                 Beasley
Beatty                 Bennett                Brown, G.
Brown, H.              Bruce                  Byrd
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corbett                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Farr                   Foster
Fulmer                 Gentry                 Gonzales
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hendricks              Hodges
Holt                   Huff                   Hyatt
Inabinett              Jennings               Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stoddard
Stone                  Sturkie                Taylor
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Wofford
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 28.

Maggie W. Glover                  Dell Baker
Mike Jaskwhich                    John G. Felder
James C. Johnson                  John B. Williams
Roland S. Corning                 Rick Quinn
William D. Boan                   Kimberly T. Burch
Ralph W. Canty                    Alex C. Harvin, III
Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Reps. HOUCK, TOWNSEND and J. BROWN a leave of absence for the day.

The SPEAKER granted Rep. K. BURCH a temporary leave of absence.

STATEMENTS OF ATTENDANCE

Reps. BAKER, M. MARTIN, McELVEEN, GONZALES, KOON, QUINN, GENTRY and WILKINS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 27.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 12.

DOCTOR OF THE DAY

Announcement was made that Dr. G.B. Hodge of Spartanburg is the Doctor of the Day for the General Assembly.

S. 1532--COMMITTED

S. 1532 -- Senators Holland, Saleeby and Carmichael: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.

Rep. J. HARRIS moved to recommit the Bill to the Chesterfield Delegation, which was agreed to.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 4878 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1991-92 SCHOOL YEAR, PACOLET ELEMENTARY SCHOOL LOCATED IN SPARTANBURG COUNTY SCHOOL DISTRICT THREE IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP, AS A RESULT OF A FIRE AT THE SCHOOL.

H. 4880 -- Rep. Baxley: A BILL TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.

H. 3524 -- Reps. Kirsh and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-145 SO AS TO DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-10, RELATING TO DEFINITIONS USED IN THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "MOTORCYCLE" AND ADD THE DEFINITION OF "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-50, RELATING TO BEGINNER'S DRIVING PERMITS, SO AS TO REDUCE FROM TWENTY-ONE TO EIGHTEEN YEARS THE AGE OF A LICENSED DRIVER WHO MUST ACCOMPANY A PERMITTEE AND ESTABLISH PROVISIONS FOR THE ACCOMPANYING DRIVER WHEN THE PERMITTEE IS DRIVING A THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, RELATING TO A DRIVER'S LICENSE EXAMINATION, SO AS TO AUTHORIZE A LICENSEE TO OPERATE A THREE-WHEEL VEHICLE WITH A BASIC DRIVER'S LICENSE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA MOTOR VEHICLE REGISTRATION AND LICENSING ACT, SO AS TO REDEFINE "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF "MOTORCYCLE", SO AS TO REDEFINE IT; AND TO AMEND SECTION 56-19-10, RELATING TO DEFINITIONS USED IN THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO REDEFINE THE DEFINITION OF "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE".

H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.

H. 4862 -- Rep. Gentry: A JOINT RESOLUTION TO DESIGNATE THE ROAD BETWEEN U.S. HIGHWAY 178 AND S41-57 AND U.S. HIGHWAY 178 AND S41-189 AS HOLSTON CROSSROADS AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE APPROPRIATE MARKERS.

ORDERED ENROLLED FOR RATIFICATION

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. 891 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.

S. 1561 -- Senators Rose and Matthews: A BILL TO PROVIDE THAT THE BOARD OF EDUCATION OF DORCHESTER COUNTY IS ABOLISHED UPON THE ELECTION AND QUALIFICATION OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 AND PROVIDE THAT UPON DISSOLUTION, THE DUTIES AND RESPONSIBILITIES OF THE BOARD ARE DEVOLVED ON THE ELECTED BOARD OF TRUSTEES OF THE RESPECTIVE SCHOOL DISTRICTS IN DORCHESTER COUNTY; AND TO PROVIDE THAT UNTIL THE ELECTION AND QUALIFICATION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4, THE BOARD IS PROHIBITED FROM INCURRING ANY TYPE OF INDEBTEDNESS OR ENTERING INTO ANY TYPE OF LEASE-BACK OR LEASE-PURCHASE AGREEMENT INVOLVING REAL PROPERTY WITH A PUBLIC OR PRIVATE ENTITY WHERE THE DISTRICT IS THE LESSEE.

S. 1508 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-77-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT", AND SECTION 23-41-20, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ARSON REPORTING-IMMUNITY ACT, SO AS TO PROVIDE THAT "AUTHORIZED AGENCY", OR "AUTHORIZED AGENCIES", INCLUDES THE UNITED STATES DEPARTMENT OF JUSTICE AND ITS FEDERAL BUREAU OF INVESTIGATION.

S. 1403 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE PORT OF CHARLESTON, RELATING TO HARBOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 246 -- Senator Lourie: A BILL TO AMEND SECTION 35-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER REPRESENTATIVES, SO AS TO BROADEN AND CLARIFY THE CATEGORIES OF PERSONS NOT REQUIRED TO POST BOND.

S. 931 -- Senator Martschink: A BILL TO AMEND SECTION 59-111-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR THE PURPOSES OF FREE TUITION AT A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR VOCATIONAL OR TECHNICAL SCHOOL, SO AS TO INCLUDE A PERSON PERFORMING LAW ENFORCEMENT DUTIES AT THE REQUEST OF AND UNDER THE SUPERVISION OF A FEDERAL AGENCY.

S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.

S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.

S. 1549--DEBATE ADJOURNED

Rep. HARWELL moved to adjourn debate upon the following Bill until the end of the uncontested Calendar, which was adopted.

S. 1549 -- Senator Carmichael: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3 AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.

S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.

S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.

S. 805 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ARCHITECTURAL EXAMINERS AND APPOINTMENT, TERM, AND VACANCIES, SO AS TO PROVIDE THAT THE MEMBER OF THE STATE BOARD OF ARCHITECTURAL EXAMINERS WHO IS A PROFESSOR OF ARCHITECTURE IN A UNIVERSITY OR COLLEGE CONTROLLED BY THE STATE MUST ALSO BE AN ARCHITECT REGISTERED IN THE STATE OF SOUTH CAROLINA; TO AMEND SECTION 40-3-60, AS AMENDED, RELATING TO QUALIFICATIONS AND EXAMINATION OF APPLICANTS FOR ADMISSION TO PRACTICE ARCHITECTURE AND THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, SO AS TO PROVIDE THAT CONVICTION OF A CRIME OF MORAL TURPITUDE PREVENTS THE ISSUANCE OF A CERTIFICATE TO AN APPLICANT; TO AMEND SECTION 40-3-80, AS AMENDED, RELATING TO APPLICATION FEES AND EXAMINATION FEES UNDER THE ARCHITECTS LAW, SO AS TO DELETE SPECIFIC CEILINGS FOR THE AMOUNTS OF THESE FEES AND PROVIDE THAT THE FEES MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-90, AS AMENDED, RELATING TO THE ANNUAL RENEWAL FEE UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION", DELETE THE CEILING FOR THE AMOUNT OF THE ANNUAL RENEWAL FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD, AND INCREASE THE AMOUNT OF THE PENALTY; TO AMEND SECTION 40-3-100, AS AMENDED, RELATING TO THE PRACTICE OF ARCHITECTURE BY PARTNERSHIPS, CORPORATIONS, OR PROFESSIONAL ASSOCIATIONS AND CERTIFICATE OF AUTHORIZATION, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATIONS" AND "ARCHITECTURAL PROFESSIONAL CORPORATIONS", AND DELETE THE CEILING FOR THE AMOUNT OF THE ORIGINAL AUTHORIZATION FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-110, AS AMENDED, RELATING TO THE REQUIRED ARCHITECTURAL SEAL, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION" AND PROVIDE FOR CHANGES IN THE PROVISIONS OF LAW SPECIFYING WHERE EACH SEAL MUST APPEAR; TO AMEND SECTION 40-3-120, AS AMENDED, RELATING TO SUSPENSION OR REVOCATION OF ARCHITECTURAL REGISTRATION CERTIFICATE, PROCEDURES, RESTRAINTS AND CIVIL PENALTIES, AND APPEAL, SO AS TO PROVIDE THAT NO ACTION MAY BE TAKEN BY THE BOARD UNTIL THE REGISTRANT HAS BEEN FURNISHED WITH A CERTAIN STATEMENT AND A NOTICE OF THE TIME AND PLACE OF THE HEARING REGARDING CHARGES, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, RATHER THAN "AT LEAST NINETY DAYS PRIOR TO THE DATE OF THE HEARING"; TO AMEND SECTION 40-3-125, RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORIZATION UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-135 SO AS TO PROVIDE THAT THE BOARD OF ARCHITECTURAL EXAMINERS OR ANY MEMBER OF THE BOARD MAY ISSUE SUBPOENAS FOR WITNESSES AND DOCUMENTS, AND PROVIDE THAT THE CIRCUIT COURT HAVING APPROPRIATE JURISDICTION SHALL ENFORCE ANY SUBPOENAS ISSUED PURSUANT TO THIS SECTION; TO AMEND SECTION 40-3-150, RELATING TO THE PENALTIES FOR VIOLATING THE ARCHITECTS LAW, SO AS TO INCREASE THE PRESCRIBED FINE; TO AMEND SECTION 40-3-160, RELATING TO ACTIVITIES AND PRACTICES WHICH ARE NOT PROHIBITED BY CHAPTER 3 OF TITLE 40, "ARCHITECTS", SO AS TO PROVIDE FURTHER WITH RESPECT TO THE PREPARATIONS OF PLANS AND SPECIFICATIONS FOR CERTAIN BUILDINGS TO WHICH THE CHAPTER DOES NOT APPLY IF THE DRAWINGS AND SPECIFICATIONS, ARE SIGNED BY THE AUTHORS WITH THE TRUE TITLE OF THEIR OCCUPATIONS; TO AMEND SECTION 40-3-170, RELATING TO SERVICE OF PROCESS UNDER THE ARCHITECTS LAW, SO AS TO REPLACE "EXECUTIVE SECRETARY" OF THE BOARD WITH "EXECUTIVE DIRECTOR" OF THE BOARD, WITH RESPECT TO CERTAIN DUTIES OR ACTIONS; AND TO AMEND SECTION 40-3-180, RELATING TO THE REQUIREMENT THAT THE PERSON ISSUING A BUILDING PERMIT MUST VERIFY THAT THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS AN ARCHITECT REGISTERED IN SOUTH CAROLINA AND EXCEPTIONS, SO AS TO REQUIRE THAT THIS PERSON ALSO BE IN POSSESSION OF A SEALED SET OF ARCHITECTURAL PLANS AND SPECIFICATIONS, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THIS SECTION APPLIES TO ALL BUILDINGS OR STRUCTURES EXCEPT THOSE SPECIFICALLY EXCLUDED IN SECTION 40-3-160.

S. 860 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 39 SO AS TO ENACT THE UNIFORM TRADE SECRETS ACT.

S. 1450 -- Senator Holland: A BILL TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE" AND TO FURTHER PROVIDE FOR THE USE OF THESE FEES; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 17-2-160, RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.

S. 1362 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.

S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.

S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.

ORDERED TO THIRD READING

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

H. 4877 -- Reps. Phillips and McCraw: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.

H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PHILLIPS explained the Joint Resolution.

S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.

H. 4881 -- Reps. Boan, H. Brown, Kirsh, Foster, Meacham, Carnell, McAbee, Hyatt and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO CHANGE THE NAME OF THE AUTHORIZATION FOR THE YORK COUNTY TECHNICAL COLLEGE.

H. 4889 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1433, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WOFFORD explained the Joint Resolution.

H. 4892 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR SUCH FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND THE TERMINATION OF THE COMMISSION JANUARY 1, 1994.

H. 4877--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4877 be read the third time tomorrow.

H. 4823--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4823 be read the third time tomorrow.

S. 1338--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that S. 1338 be read the third time tomorrow.

H. 4881--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 4881 be read the third time tomorrow.

H. 4889--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 4889 be read the third time tomorrow.

H. 4892--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KOON, with unanimous consent, it was ordered that H. 4892 be read the third time tomorrow.

S. 1398--RECONSIDERED, AMENDED AND
ORDERED TO THIRD READING

The motion of Rep. RUDNICK to reconsider the vote whereby the following Bill was given a second reading was taken up.

S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.

Rep. L. MARTIN spoke in favor of the motion to reconsider.

The motion to reconsider was then agreed to.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19296.SD), which was adopted.

Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered which shall read:

/SECTION     ____.     Article 5, Chapter 3, Title 29 of the 1976 Code is amended by adding:

"Section 29-3-325.     When no written instructions to the contrary are given by the mortgagor or a closing agent, acting on behalf of the mortgagor, to the mortgagee or to an assignee of the mortgage, and when the mortgagee or assignee of the mortgage is a financial institution, the mortgagee or assignee is responsible for recording the satisfaction or cancellation of the mortgage it holds. The financial institution may charge a reasonable fee not to exceed twenty-five dollars to cover the cost of recording the satisfaction or cancellation.

If the financial institution fails to record the satisfaction or cancellation within ninety days of receipt of the full amount necessary to satisfy the debt or obligation secured by the mortgage, it must pay to the mortgagor upon demand a penalty in the amount of one hundred dollars or in the alternative the mortgagor is entitled to the remedies provided by Sections 29-3-310 and 29-3-320 if these sections apply. However, a violation of this section is not considered to be a violation of Sections 29-3-310 and 29-3-320. Failure to pay this one hundred dollar penalty within ten days after demand subjects the financial institution to additional penalties of one hundred dollars for each ten days or portion thereof the penalty remains unpaid after receipt of demand.

The provisions of this section do not apply to 'open-end credit' plans as defined by federal law, or to mortgages containing future advance clauses even though they secure closed-end transactions."

SECTION     ____.     Section 29-3-325 of the 1976 Code, as added by this act, applies with respect to mortgages executed after December 31, 1992./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

The amendment was then adopted.

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

S. 1398--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 1398 be read the third time tomorrow.

H. 4868--DEBATE ADJOURNED

Rep. SMITH moved to adjourn debate upon the following Bill until Friday, May 29, which was adopted.

H. 4868 -- Reps. Huff, Smith, Sharpe, Rudnick, Stone and Gentry: A BILL TO AMEND ACT 588 OF 1986, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS.

H. 4868--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SMITH, with unanimous consent, it was ordered that H. 4868 be read the third time tomorrow.

H. 4682--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.

Reps. HODGES and MEACHAM proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\12575.DW), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered sections to read:

/SECTION ____.     Section 12-37-220B(3) and (27) of the 1976 Code is amended to read:

"(3)     One personal motor vehicle owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the State Department of Highways and Public Transportation under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of such the license, if the veteran has have a certificate signed by the county service officer or the Veterans Administration of such the total and permanent disability which shall must be filed with the Tax Commission.

(27)     All personal motor vehicles, owned or issued either solely or jointly by persons required to use wheelchairs, for which special license tags have been issued by the Department of Highway and Public Transportation under the provisions of Section 56-3-1910, are exempt from state, county, and municipal taxes."

SECTION _____.     Section 56-3-1110 of the 1976 Code is amended to read:

"Section 56-3-1110.     Any A wartime disabled veteran who is entitled to compensation for the loss, or loss of use of one or both legs or arms, or the permanent impairment of vision in both eyes to a degree as to constitute virtual blindness and is also entitled to a special monthly statutory award by reason thereof or any South Carolina veteran classified as totally and permanently disabled due to service-connected disabilities as determined from medical records on file with the Veterans Administration may make application for registration and license of his owned or leased personal motor vehicle or truck not exceeding three-quarter ton to the department without accompanying such application with the usual fee for registration and license of a vehicle of similar type. The department shall issue such license plates upon the receipt of such application made under oath and in such form as may be required. Any A veteran who is issued a license plate under the provisions of this section shall not be required to reapply so long as he owns or leases the vehicle for which the plate is issued."

SECTION _____.     The amendment to Section 12-37-220B of the 1976 Code contained in this act is effective for tax years beginning after 1990./

Amend the bill further, page 2, lines 16 through 19, by striking SECTION 2 and inserting:

/SECTION     2.     Except as otherwise provided, this act takes effect upon approval by the Governor and applies to vehicles owned or leased by a former POW or his surviving spouse after December 31, 1990./

Renumber sections to conform.

Amend title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

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

H. 4682--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4682 be read the third time tomorrow.

S. 1390--ORDERED TO THIRD READING

The following Bill was taken up.

S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10064.JM), which was tabled.

Amend the bill, as and if amended, by inserting before the enacting words the following:

/Whereas, the General Assembly of South Carolina finds that there is a substantial risk that the workers' compensation insurance market in this State could collapse, leaving South Carolina employers with no way to comply with laws requiring them to insure workers against work-place injuries; and

Whereas, twenty-five states have created state workers' compensation funds to protect against such threats; and

Whereas, the State of South Carolina has a State Workers' Compensation Fund that is not currently authorized to write such coverage for any private insurance risks; and

Whereas, the Budget and Control Board should be enabled to authorize the State Workers' Compensation Fund to write coverage for private risks if market conditions should deteriorate to the point that this is required to meet the needs of employers in this State. Now, therefore,/

Amend further, by adding the following appropriately-numbered SECTIONS:

/SECTION     __.     Section 42-7-50 of the 1976 Code is amended to read:

"Section 42-7-50.     (A)     Any A county or municipality in the State or any , an agency or institution thereof shall have of a county or municipality, and, subject to subsection (B), any other employer in this State has the option of participating under the provisions of this article but. However, no county, municipality, agency or institution thereof shall be employer is covered by the workers' compensation insurance provided in this article until payment of the annual charge provided in this Title shall have been is made to the fund, nor shall any county, municipality, agency or institution thereof may an employer be covered by this insurance after the lapse of the period for which the annual charge has been paid. The director shall notify bill each county, municipality, agency or institution thereof covered employer at least thirty days before the expiration date of its coverage in order that the county, municipality, agency, or institution employer may keep its insurance in force continuously. If the billed premium payment is not received by the fund by the commencement of the next coverage period, the director shall notify the employer and the commission promptly that coverage through the fund has expired.

(B)     The option of private employers to participate under the provisions of this article may be exercised only after:

(1)     a plan of operation has been developed by the fund and approved by the Chief Insurance Commissioner, the Workers' Compensation Commission, and the Budget and Control Board;

(2)     funds required to establish an appropriate reserve and properly process the anticipated new business under the plan of operation have been approved by the Budget and Control Board; and

(3)     the Budget and Control Board has declared that the private workers' compensation insurance market has collapsed or is no longer adequate to meet the needs of employers in this State.

(C)     the plan of operation must be completed within twelve months from the effective date of this act and must provide for:

(1)     an actuarially sound initial reserve as recommended by the fund's consulting actuary;

(2)     initially awarding contracts to private companies, pursuant to the provisions of the Procurement Code, to underwrite workers' compensation insurance, adjust and pay losses with respect thereto, or to administer loss control and cost containment programs on behalf of the fund;

(3)     a formal application for workers' compensation insurance to be made directly by a qualified employer or by any licensed property and casualty agent or broker on behalf of such employer;

(4)     a reasonable commission to be paid to agents who write applications for the fund;

(5)     initial minimum standards regarding loss control and cost containment which the fund may impose on employers as underwriting criteria for initial and renewal policies; and

(6)     such additional provisions as the Budget and Control Board may require to ensure a financially and actuarially sound implementation of the plan of operation should it be required.

(D)     The Budget and Control Board is directed to provide for immediate funding sufficient to develop the plan of operation. The funding to implement the plan as specified in item (2) of subsection (B) of this section shall be authorized by the board if and when it makes the emergency determination specified in item (3) of subsection (B) of this section.

(E)     (1)     At the end of each three years of operation, and at any other time considered prudent, the Chief Insurance Commissioner shall examine the affairs of the private employer business of the fund and make findings and recommendations as provided by this section. For purposes of examination, the commissioner or persons making the examination shall have free access to all relevant records, books, and papers in the possession of any person or entity and may summon, administer oaths to, and examine as witnesses any persons in relation to matters relevant to the examination.

(2)     The Chief Insurance Commissioner shall examine all methods of operation of the private employer business of the fund to determine whether the funds are being administered in accordance with sound insurance practices and in the best interest of the State. Following examination, the Chief Insurance Commissioner shall prepare a report for submission to the State Budget and Control Board, the     Speaker of the House of Representatives, and the President of the Senate containing his findings and conclusions and any recommendations to improve the efficiency, effectiveness, and overall operations of the fund."

(F)     The option of private employers to participate under the provisions of this section expires if the General Assembly does not reauthorize its continuance during the fiscal year following actual implementation of the plan of operation. Upon expiration of this option, the fund may not issue or renew coverage for private employers; however, the private employer business of the fund may continue until July 1 of the next succeeding year for the purpose of winding up its affairs."

SECTION     __.     Section 42-7-70 of the 1976 Code is amended to read:

"Section 42-7-70.     The rates and premiums paid by employers insured in the fund shall must not be excessive, inadequate, or unfairly discriminatory. Employers may be grouped by classifications for the establishment of rates and minimum premiums, and classification rates may be modified to produce rates for individual employers in accordance with rating laws which establish standards for measuring any variations in hazards or expense provisions, or both, that can be demonstrated to have a probable effect upon losses or expenses. All premiums Premiums collected by the fund shall must be deposited by it in the State Treasury to the credit of the State Workers' Compensation Fund. The premiums collected and investment income from private employers must be determined, maintained, and accounted for separately from premiums of governmental entities. The fund must pay a premium tax on private employer premiums as provided in Section 38-7-50."/

Renumber SECTIONS to conform.

Amend title to conform.

Rep. CROMER moved to table the amendment, which was agreed to.

Rep. CROMER explained the Bill.

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

S. 1390--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. T.C. ALEXANDER, with unanimous consent, it was ordered that S. 1390 be read the third time tomorrow.

S. 142--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

Reps. CROMER, CORNING and KOON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3984.AL), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     The 1976 Code is amended by adding:

"Section 47-13-160.     (A)     No pet dealer, pet shop, or pet breeder shall sell a registered companion dog or cat without providing to the purchaser a statement certifying that the dog or cat has received an infectious disease inoculation suitable for the specific animal's age and species within the previous fourteen days for an animal under six months of age or within the previous ninety days for an animal six months of age or older. Proof of vaccination must be provided to the purchaser at the time of sale. The purchaser also must be provided with a copy of the 'ELECTION OF OPTIONS' as contained in subsection (D).

(B)     If at any time within fourteen days following the sale and delivery of a registered companion dog or cat to a purchaser, a licensed veterinarian certifies the animal to be unfit for purchase due to a noncongenital cause or condition or within six months certifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a purchaser has the right to elect one of the following options:

(1)     the right to return the animal and receive a refund of the purchase price, including sales tax, and reimbursement of the veterinary fees incurred before the purchaser's receipt of the veterinary certification. The seller's liability for veterinary fees under this option must not exceed fifty percent of the purchase price, including sales tax, of the animal;

(2)     the right to retain the animal and to receive reimbursement for veterinary fees incurred before the purchaser's receipt of the veterinary certification and the future cost of veterinary fees to be incurred in curing or attempting to cure the animal. The seller's liability under this option must not exceed fifty percent of the purchase price, including sales tax, of the animal.

(3)     the right to return the animal and to receive in exchange an animal of the purchaser's choice, of equivalent value, and reimbursement of veterinary fees incurred before the purchaser's receipt of the veterinary certification. The seller's liability for veterinary fees under this option must not exceed fifty percent of the purchase price, including sales tax, of the animal;

(4)     the right to receive a full refund of the purchase price, including sales tax, for the animal or, in exchange, an animal of the purchaser's choice of equivalent value, and reimbursement of veterinary fees incurred before the death of the animal if the death occurs within fourteen days of the date the purchaser takes possession, except where death occurs by accident or injury sustained during that period. The seller's liability for veterinary fees under this option must not exceed fifty percent of the purchase price, including sales tax, of the animal.

(C)     The seller shall accept the veterinary certification of unfitness delivered by the purchaser within five days following the purchaser's receipt of it. The certification must contain:

(1)     the name of the owner;

(2)     the date or dates of examination;

(3)     the breed, color, sex, and age of the animal;

(4)     a statement of the veterinarian's findings;

(5)     a statement that the veterinarian certifies the animal to be unfit for purchase;

(6)     an itemized statement of veterinary fees incurred as of the date of the certification;

(7)     where the animal is curable, the estimated fee to cure the animal;

(8)     where the animal has died, a statement setting forth the probable cause of death; and

(9)     the name and address of the certifying veterinarian and the date of the certification.

(D)     When a purchaser presents a veterinary certification of unfitness to the seller, the seller must confirm the purchaser's election in writing. The election must be in the following form and a copy must be given to the purchaser upon signing:

'UNFITNESS OF ANIMAL--ELECTION OF OPTIONS

I understand that, upon delivery of my veterinarian's certification of unfitness, I have the right to elect one of the following options. I am aware of those options and I understand each of them. I have chosen the following option:

___ 1.     Return of the animal and receipt of a refund of the purchase price, including sales tax, for the animal and reimbursement of the veterinary fees incurred before the date I received the veterinarian's certification of unfitness. The reimbursement for veterinarian's fees must not exceed fifty percent of the purchase price, including sales tax, of the animal.

___ 2.     Retention of the animal and reimbursement for the veterinary fees incurred before the date I received the veterinarian's certification of unfitness and the future cost to be incurred in curing or attempting to cure the animal. The total reimbursement for veterinarian's fees must not exceed fifty percent of the purchase price, including sales tax, of the animal.

___ 3.     Return of the animal and receipt of an animal of my choice of equivalent value in exchange and reimbursement of veterinary fees incurred before the date I received my veterinarian's certification of unfitness. The reimbursement for veterinarian's fees must not exceed fifty percent of the purchase price, including sales tax, of the animal.

___ 4.     DEATH OF ANIMAL ONLY. Receipt of a full refund of the purchase price, including sales tax, for the animal or, in exchange, an animal of my choice of equivalent value and reimbursement of the veterinary fees incurred before the death of the animal. The reimbursement for veterinarian's fees must not exceed fifty percent of the purchase price, including sales tax, of the animal.'

(E)     Where the animal has died, the veterinarian shall hold the carcass or forward it to the Clemson University Diagnostic Laboratory.

(F)     If the seller refuses to refund the purchase price and fees pursuant to subsection (B), the purchaser may initiate a civil action to recover damages. The court, upon a finding that the seller violated the provisions of this section, shall award the purchaser two times the amount of the purchase price and fees, attorney's fees as determined by the court, and costs.

(G)     As used in this section:

(1)     'Pet dealer' is a person engaged in the ordinary course of business and sale to the public for profit of a companion animal described as being registered or being capable of being registered with an animal pedigree organization.

(2)     'Pet shop' means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the public.

(3)     'Pet breeder' means a person engaged in the business of breeding companion animals for profit. The term does not include a person who, not in the ordinary course of business, owns an animal which occasionally is bred or produces a litter from which animals are sold."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

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

S. 142--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CROMER, with unanimous consent, it was ordered that S. 142 be read the third time tomorrow.

H. 4879--TABLED

The following Joint Resolution was taken up.

H. 4879 -- Reps. L. Martin, Phillips and Jennings: A JOINT RESOLUTION TO EXEMPT CERTAIN OUTDOOR ADVERTISING SIGNS FROM REMOVAL AND PENALTIES FOR ONE HUNDRED TWENTY DAYS IN ORDER TO ALLOW PERMITS TO BE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO AMEND SECTION 57-25-140, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO EXEMPT TEMPORARY AGRICULTURAL, POLITICAL, AND SPECIAL EVENT SIGNS FROM PERMIT REQUIREMENTS.

Rep. L. MARTIN explained the Joint Resolution and moved to table the Joint Resolution, which was agreed to.

S. 1549--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 1549 -- Senator Carmichael: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3 AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.

Reps. HARWELL and KINON, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6653.HC), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___.     The auditor of Dillon County shall levy one hundred seven and one-half mills on all taxable property of the county for fiscal year 1992-93 for school purposes in Dillon County as follows: operation of schools, 84.5 mills; school debt retirement, 5 mills; teachers' sick leave, 3 mills; Dillon County Vocational School, 14.5 mills; and vocational school special fund, .5 mills./

Renumber sections to conform.

Amend title to conform.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendment.

S. 1273--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6, Rep. KIRSH having the floor.

S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6, which was proposed on Tuesday, May 26, by Rep. KIRSH.

Rep. KIRSH continued speaking.

Rep. STURKIE spoke against the amendment and moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 40

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Bailey, J.
Barber                 Baxley                 Bennett
Boan                   Brown, G.              Byrd
Canty                  Carnell                Cobb-Hunter
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Farr                   Felder                 Foster
Gentry                 Glover                 Gonzales
Harris, J.             Harris, P.             Harrison
Harwell                Hendricks              Holt
Inabinett              Jennings               Kempe
Keyserling             Martin, D.             Martin, M.
Mattos                 McAbee                 McKay
McTeer                 Neilson                Nettles
Quinn                  Rogers                 Rudnick
Scott                  Sheheen                Shirley
Snow                   Stone                  Sturkie
Taylor                 Waites                 Waldrop
Whipper                Wilder                 Wilkes
Williams, D.           Williams, J.           Wright

Total--60

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Baker                  Brown, H.              Bruce
Cato                   Fair                   Fulmer
Hallman                Haskins                Huff
Hyatt                  Jaskwhich              Johnson, J.C.
Kirsh                  Klapman                Lanford
Littlejohn             Marchbanks             Martin, L.
McCraw                 McGinnis               McLeod
Meacham                Phillips               Rama
Rhoad                  Riser                  Ross
Sharpe                 Shissias               Smith
Stoddard               Tucker                 Vaughn
Wilkins                Wofford                Young, A.
Young, R.

Total--40

So, the amendment was tabled.

Rep. STURKIE moved immediate cloture on the entire matter.

Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 40

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Bennett
Boan                   Brown, G.              Byrd
Canty                  Cato                   Clyborne
Cobb-Hunter            Corbett                Corning
Cromer                 Delleney               Elliott, L.
Farr                   Foster                 Glover
Hallman                Harris, J.             Harrison
Harwell                Haskins                Hodges
Holt                   Inabinett              Jaskwhich
Jennings               Keegan                 Kempe
Kennedy                Keyserling             Martin, D.
Mattos                 McCraw                 McElveen
McKay                  McTeer                 Neilson
Nettles                Phillips               Quinn
Rhoad                  Riser                  Rogers
Ross                   Rudnick                Scott
Sheheen                Snow                   Sturkie
Taylor                 Vaughn                 Waites
Whipper                Wilkes                 Williams, J.
Wright

Total--64

Those who voted in the negative are:

Bailey, G.             Brown, H.              Bruce
Carnell                Cooper                 Council
Elliott, D.            Fair                   Felder
Fulmer                 Gentry                 Gonzales
Harrelson              Harris, P.             Huff
Hyatt                  Johnson, J.C.          Kirsh
Klapman                Lanford                Littlejohn
Marchbanks             Martin, M.             McAbee
McGinnis               McLeod                 Meacham
Rama                   Sharpe                 Shirley
Shissias               Smith                  Stoddard
Stone                  Tucker                 Waldrop
Wilder                 Wilkins                Wofford
Young, A.

Total--40

So, immediate cloture was ordered.

Rep. KIRSH proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\2768.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-620(C), page 10, line 18, by deleting /and public school district/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. McTEER spoke against the amendment and moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 52; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, J.             Barber                 Baxley
Beasley                Bennett                Burch, K.
Byrd                   Canty                  Carnell
Cobb-Hunter            Corbett                Corning
Cromer                 Elliott, D.            Elliott, L.
Farr                   Gentry                 Glover
Harris, J.             Harris, P.             Harrison
Harwell                Hendricks              Jennings
Kempe                  Kennedy                Keyserling
Kinon                  Martin, D.             Mattos
McAbee                 McKay                  McTeer
Neilson                Quinn                  Rogers
Scott                  Sheheen                Snow
Sturkie                Taylor                 Waites
Waldrop                Wells                  Whipper
Wilkes                 Wilkins                Williams, D.
Wright

Total--52

Those who voted in the negative are:

Alexander, T.C.        Baker                  Brown, G.
Brown, H.              Bruce                  Cato
Chamblee               Clyborne               Cooper
Council                Delleney               Felder
Foster                 Fulmer                 Hallman
Haskins                Holt                   Huff
Hyatt                  Jaskwhich              Johnson, J.C.
Keegan                 Kirsh                  Lanford
Littlejohn             Marchbanks             Martin, L.
Martin, M.             McCraw                 McGinnis
Meacham                Phillips               Rama
Rhoad                  Sharpe                 Shirley
Shissias               Smith                  Stoddard
Stone                  Tucker                 Vaughn
White                  Wilder                 Young, A.

Total--45

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BR1\2769.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-620(D), page 10, line 22, by deleting /public school district and/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. STURKIE moved to table the amendment.

Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 46; Nays 40

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, J.             Barber                 Baxley
Boan                   Burch, K.              Byrd
Carnell                Cobb-Hunter            Corning
Cromer                 Elliott, L.            Farr
Gentry                 Harris, J.             Harris, P.
Harrison               Harwell                Hendricks
Holt                   Jennings               Kempe
Kennedy                Keyserling             Kinon
Koon                   Martin, D.             Mattos
McAbee                 McKay                  McTeer
Neilson                Nettles                Quinn
Riser                  Scott                  Sheheen
Sturkie                Taylor                 Waites
Waldrop                Whipper                Wilkes
Wright

Total--46

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Baker
Brown, H.              Bruce                  Cato
Chamblee               Clyborne               Council
Delleney               Elliott, D.            Fair
Felder                 Fulmer                 Huff
Hyatt                  Jaskwhich              Johnson, J.C.
Keegan                 Kirsh                  Littlejohn
Marchbanks             Martin, L.             McGinnis
Meacham                Rama                   Rhoad
Ross                   Shirley                Shissias
Smith                  Stoddard               Vaughn
Wells                  White                  Wilder
Wilkins                Wofford                Young, A.
Young, R.

Total--40

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\BR1\2770.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-620(E), page 10, beginning on line 38, by deleting /and school districts/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\BR1\2771.AC), which was tabled.

Amend the bill, as and if amended, page 11, lines 10-22, by deleting Section 48-52-640 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. STURKIE spoke against the amendment and moved to table the amendment.

Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 33

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, J.             Barber                 Baxley
Beatty                 Bennett                Boan
Brown, G.              Burch, K.              Byrd
Canty                  Carnell                Cobb-Hunter
Cromer                 Delleney               Elliott, D.
Elliott, L.            Farr                   Foster
Gentry                 Glover                 Gonzales
Harrelson              Harris, J.             Harrison
Harwell                Holt                   Hyatt
Inabinett              Jennings               Kempe
Keyserling             Kinon                  Koon
Martin, D.             Martin, M.             Mattos
McTeer                 Nettles                Phillips
Quinn                  Riser                  Rudnick
Scott                  Sheheen                Shirley
Shissias               Snow                   Stone
Sturkie                Taylor                 Tucker
Waites                 Whipper                Wilkes
Williams, D.           Wright

Total--59

Those who voted in the negative are:

Baker                  Bruce                  Cato
Chamblee               Clyborne               Cooper
Council                Fair                   Felder
Fulmer                 Hallman                Haskins
Jaskwhich              Johnson, J.C.          Keegan
Kirsh                  Klapman                Lanford
Littlejohn             Marchbanks             Martin, L.
McGinnis               Meacham                Rama
Rhoad                  Ross                   Sharpe
Smith                  Stoddard               Vaughn
Wells                  Wilder                 Young, R.

Total--33

So, the amendment was tabled.

LEAVES OF ABSENCE

The SPEAKER granted Reps. M.O. ALEXANDER and B.L. HENDRICKS a leave of absence for the day.

Rep. KIRSH proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BR1\2772.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-660, page 11, lines 30-37, by deleting subsection (A) in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. STURKIE spoke against the amendment and moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 31

Those who voted in the affirmative are:

Altman                 Anderson               Bailey, J.
Barber                 Baxley                 Beasley
Beatty                 Burch, K.              Byrd
Canty                  Carnell                Cobb-Hunter
Corbett                Cromer                 Delleney
Elliott, D.            Elliott, L.            Fair
Farr                   Foster                 Glover
Gonzales               Harrelson              Harris, J.
Harrison               Harwell                Hendricks
Hyatt                  Inabinett              Jaskwhich
Jennings               Kempe                  Kennedy
Keyserling             Kinon                  Koon
Martin, D.             McAbee                 McKay
McTeer                 Meacham                Phillips
Quinn                  Riser                  Rogers
Rudnick                Scott                  Sheheen
Shissias               Snow                   Sturkie
Taylor                 Tucker                 Waites
Waldrop                Whipper                Wilkes
Williams, D.           Wright

Total--59

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Baker
Bennett                Brown, H.              Bruce
Cato                   Chamblee               Clyborne
Felder                 Haskins                Holt
Huff                   Johnson, J.C.          Keegan
Kirsh                  Klapman                Lanford
Littlejohn             Marchbanks             Martin, M.
McGinnis               Rama                   Rhoad
Ross                   Smith                  Stoddard
Stone                  Wells                  Wilder
Young, R.

Total--31

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BR1\2773.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-670, page 12, lines 1-7, by deleting subsection (A) in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BR1\2774.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-690, page 14, by deleting the last sentence of the section beginning on line 37.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BR1\2775.AC), which was adopted.

Amend the bill, as and if amended, Part II, Section 2, page 15, line 5, by deleting /, to the extent possible/ and inserting /with no new FTEs/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\BR1\2776.AC), which was tabled.

Amend the bill, as and if amended, Part III, beginning on page 16, line 31, by deleting Section 3 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. STURKIE spoke against the amendment and moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 58; Nays 30

Those who voted in the affirmative are:

Altman                 Anderson               Bailey, G.
Bailey, J.             Barber                 Baxley
Beasley                Beatty                 Boan
Burch, K.              Canty                  Corbett
Corning                Council                Cromer
Delleney               Elliott, L.            Farr
Gentry                 Gonzales               Hallman
Harris, J.             Harris, P.             Harwell
Hendricks              Hyatt                  Inabinett
Jennings               Keegan                 Kempe
Kennedy                Keyserling             Kinon
Koon                   Martin, D.             Mattos
McTeer                 Meacham                Phillips
Quinn                  Riser                  Rogers
Rudnick                Sheheen                Shirley
Shissias               Snow                   Sturkie
Taylor                 Tucker                 Waites
Waldrop                Whipper                Wilkes
Williams, D.           Williams, J.           Wright
Young, A.

Total--58

Those who voted in the negative are:

Alexander, T.C.        Baker                  Brown, H.
Bruce                  Cato                   Clyborne
Cooper                 Elliott, D.            Fair
Felder                 Haskins                Huff
Jaskwhich              Johnson, J.C.          Kirsh
Lanford                Littlejohn             Marchbanks
Martin, L.             Martin, M.             McGinnis
Rama                   Rhoad                  Ross
Sharpe                 Smith                  Stoddard
Stone                  Vaughn                 Wilder

Total--30

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\BR1\2777.AC), which was tabled.

Amend the bill, as and if amended, Part V, page 22, beginning on line 17, by deleting Section 1 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. STURKIE spoke against the amendment and moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 28

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Anderson
Bailey, J.             Barber                 Baxley
Beasley                Beatty                 Boan
Brown, H.              Burch, K.              Byrd
Canty                  Carnell                Cobb-Hunter
Corbett                Corning                Council
Cromer                 Delleney               Elliott, L.
Farr                   Fulmer                 Gonzales
Hallman                Harris, J.             Harris, P.
Harrison               Harwell                Hodges
Holt                   Hyatt                  Inabinett
Jaskwhich              Jennings               Kempe
Keyserling             Kinon                  Martin, D.
Mattos                 McAbee                 McKay
McTeer                 Meacham                Nettles
Phillips               Quinn                  Rogers
Rudnick                Scott                  Sheheen
Shissias               Snow                   Sturkie
Taylor                 Tucker                 Waites
Wells                  Whipper                Wilkes
Williams, D.           Wright

Total--62

Those who voted in the negative are:

Bailey, G.             Baker                  Bennett
Bruce                  Cato                   Chamblee
Fair                   Felder                 Gentry
Huff                   Johnson, J.C.          Keegan
Kirsh                  Koon                   Lanford
Littlejohn             Marchbanks             Martin, L.
McCraw                 Rama                   Rhoad
Ross                   Stoddard               Stone
Vaughn                 Wilder                 Young, A.
Young, R.

Total--28

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\BR1\2778.AC), which was tabled.

Amend the bill, as and if amended, Part V, page 26, lines 1-18, by deleting Sections 9 and 10 in their entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\BR1\2779.AC), which was tabled.

Amend the bill, as and if amended, Part V, beginning on page 26, line 20, by deleting Section 11 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\BR1\2780.AC), which was adopted.

Amend the bill, as and if amended, Section 58-25-40(1), page 28, beginning on line 32, by deleting /except that in cases of extensive services rendered per diem may be paid by a two-thirds vote of the authority/ and inserting /except that in cases of extensive services rendered per diem may be paid by a two-thirds vote of the authority/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. BARBER moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 1; Nays 83

Those who voted in the affirmative are:
Barber

Total--1

Those who voted in the negative are:

Alexander, T.C.        Altman                 Anderson
Bailey, J.             Baker                  Baxley
Beasley                Beatty                 Bennett
Brown, G.              Brown, H.              Bruce
Burch, K.              Canty                  Carnell
Cato                   Chamblee               Corbett
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Fulmer                 Gentry
Gonzales               Hallman                Harris, J.
Harrison               Harwell                Haskins
Holt                   Hyatt                  Inabinett
Jennings               Johnson, J.C.          Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
McAbee                 McCraw                 McKay
McTeer                 Nettles                Phillips
Quinn                  Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stoddard
Stone                  Taylor                 Tucker
Vaughn                 Waites                 Wells
Whipper                Wilder                 Wilkes
Williams, D.           Young, A.

Total--83

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Further proceedings were interrupted by a status report of the conference committee on the Appropriations Bill and the Committee of the Whole, the pending question being consideration of Amendments, immediate cloture having been ordered.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J.W. JOHNSON a leave of absence.

REPORT BY REPS. BOAN, ROGERS AND McABEE

Reps. BOAN, ROGERS and McABEE made a status report on the Conference Committee on the General Appropriations Bill.

RULE 6.1 WAIVED

Rep. HUFF moved to waive Rule 6.1, which was agreed to.

Rep. BOAN moved that the House resolve itself into a Committee of the Whole.

Rep. WAITES moved to amend the motion so that Roll Call votes can be taken and recorded in the Journal.

POINT OF ORDER

Rep. HUFF raised the Point of Order that the request to amend the motion to record all the procedural votes during the Committee of the Whole to be printed in the Journal was out of order as Roll Call votes were not taken during the Committee of the Whole.

Rep. WAITES argued contra the Point, citing Rule 4.10, in stating that the Committee of the Whole was the same as a Committee and in the Committees votes were taken and recorded. She further stated that Mason's was written in 1937 when there were no electronic devices, but that roll call votes could be taken now.

The SPEAKER stated that division votes would be taken during the Committee of the Whole and the totals would be recorded.

Rep. McELVEEN stated that there was nothing in the Rules about Roll Call votes during the Committee of the Whole and that Mason's stated there were no roll call votes but that it would permit the House to set rules for the Committee of the Whole and therefore, it would allow the Body to record votes in the Journal.

Rep. HASKINS stated that the House Rules and the precedents did not allow for roll call votes to be taken and while Mason's did permit the House to set rules, it did not permit the House to change what the Rules stated. He further stated that Section 655, Subsection 3A of Mason's which dealt with limitations on the Committee of the Whole specifically stated that the Committee of the Whole cannot order a vote by roll call taken on any matter.

Rep. CROMER stated that Rule 4.10 allowed the Committee of the Whole to be treated as a Committee in the parliamentary sense and that it was justified to record votes.

Rep. HASKINS stated that Rule 4.10 did not say that all of the regular rules of a standing committee applied to the Committee of the Whole and to see it that way would completely change the operation of the Committee of the Whole in the House.

Rep. L. MARTIN stated that it had never been allowed to record votes during the Committee of the Whole.

Rep. McELVEEN stated that the motion had been made before the House went into the Committee of the Whole so that the House could set its own rules such as time limits and that this was just an addition to the condition of going into the Committee of the Whole.

The SPEAKER stated that roll call votes had never been taken during the Committee of the Whole since he had been in the House and during the Committee of the Whole the House was allowed to have a free wheeling discussion of the issue in any manner and he sustained the Point of Order and ruled the amendment to the motion out of order.

PARLIAMENTARY INQUIRY

Rep. WAITES inquired about recording individual votes and printing them in the Journal.

The SPEAKER stated that the Committee of the Whole proceedings which were recorded in the Journal were limited only to the recommendations and a summary submitted by the Chair after the conclusion of the Committee of the Whole. He further stated that only the vote totals and the questions considered were printed, but that a member, with unanimous consent, after the House came out of the Committee of the Whole could request that their individual votes be printed in a statement in a Journal.

Rep. WAITES inquired about it requiring unanimous consent to record her votes.

The SPEAKER stated while the House was in session it did not require unanimous consent to put a statement in the Journal about a member's individual vote but that during the Committee of the Whole, the House was not in session and that the Rules spoke specifically about putting a statement in the Journal not more than 200 words to explain a vote on any matter. He further stated that the Committee of the Whole did not have a Journal and therefore, there were no recorded proceedings except from the Chair and that if a member wanted to put a statement in the Journal about voting during the Committee of the Whole, then it could be requested with unanimous consent.

Rep. BOAN moved that the House resolve itself into a Committee of the Whole, which was agreed to.

COMMITTEE OF THE WHOLE

The SPEAKER appointed Rep. McTEER Chairman of the Committee.

THE COMMITTEE RISES

At 4:50 P.M. the Committee arose by a division vote of 80 to 13.

LEAVES OF ABSENCE

The SPEAKER granted Reps. BENNETT, L. MARTIN, GLOVER, ANDERSON, J. BAILEY and KENNEDY a leave of absence for the remainder of the day.

OBJECTION TO MOTION

Rep. WAITES asked unanimous consent to record votes in the Journal from the Committee of the Whole.

Rep. HARRELSON objected.

S. 1273--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.

Rep. KIRSH proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\BR1\2781.AC), which was tabled.

Amend the bill, as and if amended, Section 58-25-60, page 31, beginning on line 30, by deleting /local sales tax approved pursuant to Chapter 10, Title 4,/ and on line 31 by deleting the comma after /tax/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\BR1\2782.AC), which was adopted.

Amend the bill, as and if amended, Section 58-25-60, page 31, beginning on line 43, by deleting /The authority shall request the members of the General Assembly representing its service area to approve increases in the registration fee. Unless these members of the General Assembly by majority vote approve the increase, no increases may be imposed. This registration fee must be added to the personal property tax notice collected as a part of the personal property tax and the fee rebated to the authority./ and inserting /The authority shall request the members of the General Assembly representing its service area to approve increases in the registration fee. Unless these members of the General Assembly by majority vote approve the increase, no increases may be imposed. This registration fee must be added to the personal property tax notice collected as a part of the personal property tax and the fee rebated to the authority./

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\BR1\2783.AC), which was adopted.

Amend the bill, as and if amended, Part V, Section 16, page 34, by inserting after line 40:

/(K)     Members of this committee are not eligible for per diem, travel, lodging, or meals. Members shall adopt rules governing meeting attendance and abide by these rules./

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. FELDER proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\BR1\2836.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-410, page 6, beginning on line 33, by deleting /State Budget and Control Board/ and inserting /Governor's Office, Division of Energy/.

Amend further, by deleting Section 48-52-440 and inserting:

/Section 48-52-440.     There is established the Energy Advisory Committee, whose members shall serve for a term coterminous with that of their appointing authority. The committee is composed of the following members appointed by the Governor:

(1)     two representatives of investor-owned electricity companies;

(2)     two representatives of electric cooperatives;

(3)     one representative of the South Carolina Public Service Authority, who shall serve ex officio;

(4)     one representative of municipally-owned electric utilities;

(5)     one representative of publicly-owned natural gas companies;

(6)     one representative of investor-owned gas companies;

(7)     one representative of oil suppliers or dealers;

(8)     one representative of propane suppliers or dealers;

(9)     one representative of nonprofit public transportation providers;
(10)     two representatives of industrial consumers;
(11)     two representatives of commercial consumers;
(12)     two representatives of individual consumers; one must be the State Consumer Advocate or the Consumer Advocate's designee, who shall serve ex officio;
(13)     two representatives of environmental groups; and
(14)     one at-large member.

The Governor shall select one of the committee members to serve as chairman. The members of the Energy Advisory Committee are eligible for reimbursement for travel, lodging, and meals. The functions of the Energy Advisory Committee are advisory to the State Energy Office. The committee shall meet at least annually and at the call of the chair or at the request of at least six members to receive information on the activities of the State Energy Office and the formulation and implementation of the state energy action plan. It may comment and advise on the activities and the plan as considered appropriate by members of the committee. The State Energy Office may seek advice and guidance from the committee as considered appropriate by the director of the office./

Amend further, Part II, Section 3, page 15, line 8, by deleting /State Budget and Control Board/ and inserting /Governor's Office, Division of Energy/.

Renumber sections to conform.

Amend title to conform.

Rep. FELDER explained the amendment.

Rep. BARBER spoke against the amendment and moved to table the amendment.

Rep. VAUGHN moved to table the Bill, and demanded the yeas and nays, which were taken resulting as follows:

Yeas 33; Nays 59

Those who voted in the affirmative are:

Bailey, G.             Bennett                Brown, H.
Bruce                  Cato                   Chamblee
Clyborne               Cooper                 Council
Elliott, D.            Fair                   Felder
Haskins                Huff                   Kirsh
Klapman                Lanford                Littlejohn
Marchbanks             McKay                  McLeod
Rama                   Rhoad                  Ross
Sharpe                 Smith                  Stoddard
Stone                  Vaughn                 Wells
Wofford                Young, A.              Young, R.

Total--33

Those who voted in the negative are:

Alexander, T.C.        Barber                 Baxley
Beatty                 Brown, G.              Burch, K.
Byrd                   Cobb-Hunter            Corning
Cromer                 Delleney               Elliott, L.
Farr                   Foster                 Gentry
Gonzales               Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Hodges                 Hyatt
Inabinett              Jennings               Keegan
Kempe                  Keyserling             Kinon
Koon                   Martin, D.             Martin, M.
Mattos                 McCraw                 McElveen
McTeer                 Meacham                Neilson
Nettles                Phillips               Quinn
Riser                  Rudnick                Scott
Sheheen                Shirley                Shissias
Snow                   Sturkie                Taylor
Tucker                 Waites                 Whipper
Wilder                 Wilkes                 Wilkins
Williams, J.           Wright

Total--59

So, the House refused to table the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. McTEER a leave of absence for the remainder of the day.

The question then recurred to the motion to table the amendment.

Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:

Yeas 53; Nays 27

Those who voted in the affirmative are:

Barber                 Beasley                Bennett
Boan                   Brown, G.              Burch, K.
Cobb-Hunter            Corning                Council
Cromer                 Delleney               Elliott, L.
Farr                   Foster                 Gentry
Gonzales               Harrelson              Harris, J.
Harrison               Harvin                 Harwell
Hodges                 Holt                   Hyatt
Inabinett              Jennings               Kempe
Keyserling             Martin, D.             Mattos
McAbee                 McCraw                 McElveen
McKay                  Nettles                Phillips
Quinn                  Riser                  Rogers
Rudnick                Scott                  Sheheen
Shirley                Shissias               Snow
Sturkie                Tucker                 Waites
Whipper                Wilkes                 Wilkins
Williams, J.           Wright

Total--53

Those who voted in the negative are:

Bailey, G.             Bruce                  Chamblee
Cooper                 Elliott, D.            Felder
Hallman                Haskins                Huff
Keegan                 Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Meacham                Rama
Ross                   Sharpe                 Smith
Stoddard               Stone                  Vaughn
Wells                  Wilder                 Young, R.

Total--27

So, the amendment was tabled.

Rep. McLEOD proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\N05\8642.BD), which was tabled.

Amend the bill, as and if amended, by striking Section 58-25-50(A)(19), SECTION 14, page 30, beginning on line 33, which reads:

/(s)(19)     promulgate regulations to carry out the provisions of this chapter./

Renumber items to conform.

Amend title to conform.

Rep. McLEOD moved to table the amendment, which was agreed to.

Reps. QUINN and HASKINS proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\DKA\3970.AL), which was tabled.

Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:

/SECTION __.     No provision of Chapter 52 of Title 48 may require a public school district to expend more than one hundred dollars a year to comply with the provisions of this chapter./

Renumber sections to conform.

Amend title to conform.

Rep. QUINN moved to table the amendment, which was agreed to.

Rep. QUINN proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\436\12570.AC), which was adopted.

Amend the bill, as and if amended, by deleting Section 48-52-620 and inserting:

/"Section 48-52-620.     (A)     Each state agency and public school district shall submit for approval to the State Energy Office an energy conservation plan and energy conservation goals, including energy consumption goals.

(B)     In order to monitor energy consumption, the State Energy Office must determine those state buildings which require individual metering. Metering must be installed by the agency, the cost of which must be borne by the agency responsible for the utility bill for the building.

(C)     Each state agency and public school district shall submit periodic energy conservation reports in the manner and at such times as required by the State Energy Office.

(D)     Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual report to the Budget and Control Board:

(1)     activities undertaken implementing its energy conservation plan; and

(2)     progress made in achieving its energy conservation goals.

(E)     The State Energy Office shall compile the reports submitted pursuant to subsection (C) to be submitted annually, no later than December thirty-first, to the General Assembly.     The State Energy Office shall provide suggested formats for plans and goals that must be submitted pursuant to subsection (A), reporting forms for reports required by subsection (C), and all technical assistance necessary for state agencies and school districts to satisfy the requirements of these subsections."/

Amend further, PART II, Section 1, by adding an appropriately numbered section to read:

/Section _____. No public school district may be required to expend more than one hundred dollars a year to comply with the provisions of this chapter./

Renumber sections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

Rep. KIRSH moved to table the amendment.

Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:

Yeas 31; Nays 54

Those who voted in the affirmative are:

Alexander, T.C.        Bennett                Bruce
Chamblee               Cooper                 Council
Cromer                 Harrison               Harvin
Huff                   Keegan                 Kirsh
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, M.
McKay                  McLeod                 Phillips
Rhoad                  Riser                  Rogers
Ross                   Shissias               Stoddard
Stone                  Waites                 Wofford
Wright

Total--31

Those who voted in the negative are:

Bailey, G.             Barber                 Baxley
Beatty                 Brown, G.              Brown, H.
Clyborne               Corbett                Corning
Delleney               Elliott, L.            Fair
Felder                 Foster                 Fulmer
Gentry                 Gonzales               Hallman
Harrelson              Harris, J.             Harwell
Haskins                Hodges                 Holt
Hyatt                  Inabinett              Jennings
Kempe                  Keyserling             Martin, D.
Mattos                 McTeer                 Meacham
Nettles                Quinn                  Rama
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Smith
Snow                   Sturkie                Taylor
Tucker                 Vaughn                 Wells
Whipper                White                  Wilkes
Wilkins                Williams, J.           Young, R.

Total--54

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. HUFF proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\JIC\6645.HC), which was adopted.

Amend the bill, as and if amended, page 23, by striking line 33 and inserting:

/Control Board on an individual basis.

(G)     Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency."/

Amend title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\BR1\2844.AC), which was tabled.

Amend the bill, as and if amended, Section 48-52-610, page 10, by deleting beginning on line 3 /, including public school buildings/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\BR1\2843.AC), which was adopted.

Amend the bill, as and if amended, Section 58-25-40(1), page 28, line 34, by inserting after the period /Members shall adopt and abide by rules governing meeting attendance./

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\BR1\2846.AC), which was adopted.

Amend the bill, as and if amended, Section 1-11-310(F), by deleting /and the Coordinating Council for Economic Development/.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. MARTIN a leave of absence for the remainder of the day.

Rep. L. MARTIN proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\JIC\6608.AC), which was adopted.

Amend the bill, as and if amended, Part IV, Section 1, Section 58-37-40 by deleting subsection (F) on page 22 beginning on line 4 and inserting:

/(F)     No procedures for integrated resource planning for utilities providing natural gas services may be recommended nor may integrated resource plan reporting be required of utilities providing natural gas services unless and until integrated resource planning procedures for utilities providing natural gas services are adopted by the Public Service Commission./

Amend title to conform.

Rep. STURKIE explained the amendment.

The amendment was then adopted.

Rep. HASKINS proposed the following Amendment No. 32, which was tabled.

Amend the bill, as and if amended, on page 4, line 41, by deleting/. Now, therefore,/ and inserting /;/ and by adding:

/Whereas, nuclear energy is of critical importance to South Carolina's economy because South Carolina imports energy to meet the majority of its citizens' needs;

Whereas, South Carolina is at the forefront of the nation in the use of nuclear power, currently relying on nuclear energy to supply approximately 38% of its total energy needs and utilizing nuclear energy to supply approximately 60% of the electricity generated within its borders;

Whereas, the continued availability of reliable and environmentally sound disposal capacity for low-level radioactive waste generated as a result of the production of nuclear energy is essential to the viability of this critically important energy source. Now, therefore,/

Amend the Bill, as and if amended, Part II, Section 1, Section 48-52-210(B), on page 6, line 26, by deleting /./ and inserting /;/ and by adding at the end of the subsection:

/(12) ensure that nuclear energy remains a viable energy source for this State by assuring, among other things, the continued availability of disposal capacity for the low-level radioactive waste generated as a result of activities providing nuclear energy./

Amend the Bill, as and if amended, Part II, Section 1, Section 48-52-420, page 8, line 4, by deleting /./ and inserting /;/ and by adding at the end of the section:

/(12) ensure the viability of the nuclear energy option by assuring the continued availability of disposal capacity for low-level radioactive waste generated in the course of providing nuclear energy and by other activities, consistent with the following requirements:

(a) Consistent with the requirement set forth in Section 48-48-80 of the 1976 Code for specific legislative authorization for continued operations, the Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996, subject to the following conditions:

(1) The site must cease serving as a facility for the compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.

(2) North Carolina must exclude any site within ten miles of a neighboring state by December 31, 1993.

(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.

(b) If North Carolina fails to satisfy any one of the conditions set forth in (a)(2) or (a)(3) or if North Carolina selects a site for the storage or disposal of low-level radioactive waste within ten miles of a neighboring state the following shall result:

(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.

(2) The Barnwell site must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor.

(c) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive waste disposal site until January 1, 1996, the State of North Carolina must comply with the following milestones:

(1) The State of North Carolina must submit a completed regional disposal facility license application to all appropriate government agencies prior to December 31, 1993.

(2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995.

(d) The State of North Carolina shall notify the Southeast Compact Commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its findings to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the Commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.

The failure of North Carolina or the Southeast Compact Commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met.

(e) As a further condition beginning January 1, 1993, the Southeast Compact Commission shall not approve any agreements allowing acceptance of non-region waste unless such agreements provide for the assessment of a fee equal to or greater than one hundred sixty dollars per cubic foot.

(f) Beginning July 1, 1994, in addition to the requirement set forth in Section 48-47-70(9) for an affirmative vote of both representatives from the State of South Carolina to the Southeast Low-Level Radioactive Waste Management Compact Commission to accept the importation of waste from outside the southeast region, the General Assembly, by a concurrent resolution, must authorize the facility at Barnwell to accept the importation of waste generated outside the region before such waste may be disposed at the Barnwell facility.

(g) If the continued availability of the site to the compact is declared in violation of, or inconsistent with, the compact by a court of competent jurisdiction because of the conditions set forth in Section 48-48-80 of the 1976 Code, the facility shall cease to accept waste generated in North Carolina immediately and from outside the State as of July 1, 1994.

(h) Nothing in this subsection shall be construed to alter or diminish the existing statutory authority of the South Carolina Department of Health and Environmental Control to regulate activities involving radioactive materials or radioactive wastes./

Renumber sections to conform.

Amend title to conform.

Rep. HASKINS moved to table the amendment, which was agreed to.

Rep. FELDER spoke against the Bill.

LEAVES OF ABSENCE

The SPEAKER granted Reps. G. BROWN and HARRELSON a leave of absence for the remainder of the day.

Rep. BENNETT moved to recommit the Bill.

Rep. BARBER moved to table the motion.

Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:

Yeas 46; Nays 42

Those who voted in the affirmative are:

Barber                 Baxley                 Beatty
Burch, K.              Byrd                   Corbett
Corning                Cromer                 Delleney
Elliott, L.            Foster                 Harris, J.
Harrison               Harvin                 Harwell
Hodges                 Hyatt                  Inabinett
Jennings               Kempe                  Keyserling
Koon                   Martin, D.             Mattos
McCraw                 McElveen               Meacham
Neilson                Nettles                Quinn
Rogers                 Rudnick                Scott
Sheheen                Shirley                Shissias
Snow                   Sturkie                Taylor
Tucker                 Waites                 Wells
Whipper                Wilkes                 Williams, J.
Wright

Total--46

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Bennett
Brown, H.              Bruce                  Chamblee
Clyborne               Cooper                 Council
Elliott, D.            Fair                   Felder
Fulmer                 Gentry                 Gonzales
Hallman                Haskins                Holt
Huff                   Keegan                 Kirsh
Klapman                Lanford                Littlejohn
Marchbanks             McKay                  McLeod
Phillips               Rama                   Rhoad
Riser                  Ross                   Sharpe
Smith                  Stone                  Vaughn
White                  Wilder                 Wilkins
Wofford                Young, A.              Young, R.

Total--42

So, the motion to recommit was tabled.

Rep. FELDER continued speaking.

Reps. KIRSH and MARCHBANKS spoke against the Bill.

Rep. STURKIE spoke in favor of the Bill.

Rep. ROSS spoke against the Bill.

Rep. HARWELL was recognized.

HOUSE TO MEET AT 10:00 A.M. TUESDAY, JUNE 2 IN
STATEWIDE SESSION

Rep. RHOAD moved that when the House adjourns it adjourn to meet at 10:00 A.M., Tuesday, June 2 in Statewide Session, which was agreed to.

Rep. HASKINS moved that the House do now adjourn.

Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:

Yeas 51; Nays 40

Those who voted in the affirmative are:

Baxley                 Bennett                Brown, H.
Bruce                  Carnell                Cato
Clyborne               Cooper                 Corbett
Council                Elliott, D.            Elliott, L.
Farr                   Felder                 Fulmer
Gentry                 Gonzales               Hallman
Harvin                 Haskins                Holt
Huff                   Inabinett              Jennings
Keyserling             Kirsh                  Klapman
Lanford                Littlejohn             Marchbanks
Martin, D.             Mattos                 McAbee
McKay                  Neilson                Phillips
Rhoad                  Ross                   Sharpe
Shirley                Smith                  Snow
Stoddard               Stone                  Taylor
Vaughn                 Wells                  Whipper
Wilder                 Wofford                Young, R.

Total--51

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Beatty
Boan                   Burch, K.              Byrd
Chamblee               Corning                Cromer
Delleney               Harris, J.             Harrison
Harwell                Hodges                 Hyatt
Keegan                 Kempe                  Koon
McCraw                 McElveen               McLeod
Meacham                Nettles                Quinn
Rama                   Riser                  Rogers
Rudnick                Scott                  Sheheen
Shissias               Sturkie                Tucker
Waites                 White                  Wilkes
Wilkins                Williams, J.           Wright
Young, A.

Total--40

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. HARWELL having been recognized.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4848 -- Rep. Barber: A CONCURRENT RESOLUTION TO DESIGNATE 1992 AS THE YEAR OF PALMETTO DISCOVERY AND OCTOBER 12, 1992, AS PALMETTO DISCOVERY '92 DAY TO BE RECOGNIZED WITH APPROPRIATE CELEBRATIONS THROUGHOUT SOUTH CAROLINA.

ADJOURNMENT

At 5:45 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Mr. Flkri Sidhom Saleh, to meet at 10:00 A.M. tomorrow.

* * *


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