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

THURSDAY, FEBRUARY 16, 1989

Thursday, February 16, 1989
(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:

Our Father God, always ready to hear our prayers, be near to us not only when we pray but throughout the hours of the day. Since we cannot always do what we like, grant that we may like what we have to do. Cause us to feel always Your undergirding presence. Today is the tomorrow that we worried about yesterday, and now we see how foolish our anxiety was. Teach us, then, to lean more completely upon Your strong right arm, relying upon Your strength to sustain us in every eventuality. When differences arise among us, as for sure they will, may we be less disturbed at being misunderstood than by not understanding.

We pray in the Name of Jesus Whose teachings are altogether wise. 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. BLACKWELL moved that when the House adjourns it adjourn out of memory and respect for Mrs. Jarvis Klapman, Rep. KLAPMAN'S wife, which was agreed to.

R. 18, H. 3152-GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 15, 1989
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3152, R-18, an Act:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-915 SO AS TO CREATE THE PLAYCARD ENVIRONMENTAL EDUCATION CENTER WILDLIFE SANCTUARY IN HORRY COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.

This veto is based upon an opinion of the Attorney General's Office, a copy of which is enclosed, which concludes that this legislation is violative of Article VIII, Section 34 of the South Carolina Constitution.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

THE STATE OF SOUTH CAROLINA
OFFICE OF THE ATTORNEY GENERAL

February 15, 1989

Mark R. Elam
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of February 15, 1989, you asked for an opinion of this Office as to the constitutionality of H. 3152, an act which establishes the Playcard Environmental Education Center in Horry County as a sanctuary for the protection of game, birds and other animals. For the following reasons, it is the opinion of this Office that the referenced legislation is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E. 2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

The referenced legislation in establishing the Playcard Environmental Education Center in Horry County as a game sanctuary provides criminal penalties for the violation of its provisions. H. 3152 is clearly an act for a specific county. Article VIII, Section 7 of the State Constitution provides that "(n)o laws for a specific county shall be enacted." Acts similar to H. 3152 have been struck down by the State Supreme Court as violative of Article VIII, Section 7. See: Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.C. 2d 107 (1979); Knight v. Salisbury, 262 S.C. 565, 206 S.E. 2d 875 (1974); Opinion of the Attorney General dated June 3, 1988.

Additionally, Article III, Section 34 of the State Constitution provides that

[t]he General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:

...

VI. To provide for the protection of game.

...
Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones...

The referenced legislation is clearly a special or local act in that it relates to the protection of game, birds and other animals in only one area of Horry County, the Playcard Environmental Education Center. Inasmuch as the legislation does not provide for the protection of game in the entire zone of which the area would be a part, see Section 50-1-60(7) of the Code, Article III, Section 34 is most probably contravened by the legislation in question.

Base on the above, we would advise that H. 3152 would be of doubtful constitutionality. Of course, this Office is not authorized to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Charles H. Richardson
Assistant Attorney General

Rep. ELLIOTT explained the Veto.

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 4; Nays 0

Those who voted in the affirmative are:

Barfield               Corbett                Elliott
Keegan

Total-4

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.

REPORTS OF STANDING COMMITTEES

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

H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

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

H. 3158 -- Rep. Snow: A BILL TO AMEND SECTION 46-17-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE THAT CHAPTER 17 OF TITLE 46 IS EXEMPT FROM THE REQUIREMENTS OF ARTICLE 1, CHAPTER 23 OF TITLE 1 (THE ADMINISTRATIVE PROCEDURES ACT).

Ordered for consideration tomorrow.

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

H. 3154 -- Reps. Huff and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

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

H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 3282 -- Reps. McGinnis, Hearn, Wells, Kay, P. Harris, McBride, Tucker, Phillips and Farr: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE THAT THEY MAY SECURE FREE BIG-GAME PERMITS.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

H. 3051 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 3 OF TITLE 50 SO AS TO CREATE THE SOUTH CAROLINA WILDLIFE ENDOWMENT FUND TO BE FUNDED FROM THE PROCEEDS OF LIFETIME HUNTING AND FISHING LICENSES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-11 AND 50-9-16 SO AS TO PROVIDE FOR LIFETIME COMBINATION HUNTING AND FISHING LICENSES AND LIFETIME SPORTSMAN LICENSES.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 3186 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3369 -- Rep. Mattos: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO DECREASE THE REQUIREMENT FROM FIFTY THOUSAND TO FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3401 -- Reps. Cork, T.M. Burriss, Derrick and Taylor: A BILL TO AMEND SECTIONS 37-2-405 AND 37-3-402, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF THE CONSUMER TO REFINANCE BALLOON PAYMENTS DUE PURSUANT TO CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO EXEMPT FROM THE REQUIREMENTS OF THE SECTIONS ALL CREDIT TRANSACTIONS AND ALL CONSUMER LOANS RATHER THAN ONLY THOSE IN WHICH THE PRIMARY SECURITY IS A REAL ESTATE LIEN IF THE FORMULA FOR DETERMINING CHARGES OR CHANGES IN PAYMENTS UPON RENEGOTIATION IS INCLUDED IN THE AGREEMENT.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3400 -- Reps. Cork, T.M. Burriss and Derrick: A BILL TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODIC ADJUSTMENT OF DOLLAR AMOUNTS IN THE SOUTH CAROLINA CONSUMER PROTECTION CODE BASED ON THE CONSUMER PRICE INDEX, SO AS TO INCLUDE MAXIMUM ASSUMPTION FEES AMONG THE AMOUNTS ADJUSTED; TO AMEND SECTIONS 37-2-202 AND 37-3-202, AS AMENDED, RELATING TO THE ADDITIONAL CHARGES A CREDITOR OR LENDER MAY CONTRACT FOR IN CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE; AND TO AMEND SECTION 37-10-102, RELATING TO LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES SECURED BY A LIEN ON REAL ESTATE UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3215 -- Reps. J. Rogers and Baker: A BILL TO AMEND SECTION 33-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION OF CHARITABLE ORGANIZATIONS WITH THE SECRETARY OF STATE, SO AS TO REDUCE THE ANNUAL REGISTRATION FEE.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3008 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE INSURERS TO NOTIFY IN WRITING ALL HEALTH AND MEDICAL INSURANCE POLICYHOLDERS AND ALL GROUP MEMBERS COVERED BY A GROUP POLICY OF INSURANCE BY THE INSURER OF CHANGES IN COVERAGE BEFORE THE EFFECTIVE DATE OF THE CHANGES.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3218 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTIONS 2-23-10 THROUGH 2-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE STUDY COMMITTEE, SO AS TO PROVIDE FOR A PERMANENT JOINT LEGISLATIVE COMMITTEE TO STUDY THE INSURANCE INDUSTRY AND RELATED LAWS INSTEAD OF LIMITING THE STUDY TO AUTOMOBILE INSURANCE AND TO PROVIDE FOR ITS MEMBERS, POWERS, DUTIES, STAFF, AND EXPENSES.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3257 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER AN AWARD OR UNDER A JUDGMENT UPON AN APPEAL FROM AN AWARD BECOMES DUE, SO AS TO PROVIDE THAT THE FIRST INSTALLMENT OF THE COMPENSATION BECOMES DUE FOURTEEN, RATHER THAN SEVEN, DAYS FROM THE DATE OF THE AWARD OR FROM THE DATE OF THE JUDGMENT.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. G. BAILEY, from the Dorchester Delegation, submitted a favorable report, with amendments, on:

S. 286 -- Senators Rose and Matthews: A BILL TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND TO PROVIDE THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE LIMITATION ON ANY TRUSTEE SERVING MORE THAN TWO SUCCESSIVE FOUR-YEAR TERMS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3494 -- Reps. McAbee, Cork, Corning, Burch, Rama, L. Martin, H. Brown, McCain, G. Bailey, Sharpe, White, Haskins, Wells, Neilson, Corbett, Keesley, Washington, McTeer, P. Harris, Kirsh, Wilkins, Taylor, Stoddard, Carnell, T.C. Alexander, Beasley, Harvin, Farr, Glover, McGinnis, Wofford, Chamblee, Mattos, Baker, Keegan, J.C. Johnson, Vaughn, Fant, Davenport, Phillips, J. Williams, Littlejohn and Jaskwhich: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.

The Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3495 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. DAVID MARTIN HOFFMAN OF ANDERSON, ASSISTANT SOLICITOR FOR THE TENTH CIRCUIT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3496 -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUEST THE CONGRESS OF THE UNITED STATES TO REJECT PROPOSALS FOR INCREASING FEDERAL MOTOR FUEL TAXES FOR THE PURPOSE OF REDUCING THE FEDERAL BUDGET DEFICIT.

The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3497 -- Reps. Blanding, E.B. McLeod, Baxley, G. Brown and McElveen: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF ATTORNEY WILLIAM B. JAMES OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 368 -- Senators Shealy, Wilson, Martschink and Setzler: A CONCURRENT RESOLUTION EXPRESSING RELIEF AND THANKSGIVING FOR THE SAFETY OF MISS SHARI DAWN TEETS OF LEXINGTON COUNTY.

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. 369 -- Senator Moore: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF JOHNNIE WALKER OF AIKEN COUNTY WHO DIED ON TUESDAY, JANUARY 31, 1989.

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. 370 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE COMMISSION ON THE FUTURE OF SOUTH CAROLINA FOR CONCLUDING ITS TASK ON STUDYING AND ANALYZING THE ECONOMIC AND GEO-POLITICAL FUTURE OF THE STATE OF SOUTH CAROLINA AND TO COMMEND THE MEMBERS FOR THEIR FINE WORK, DEDICATION, AND DILIGENCE.

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. 371 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO DESIGNATE 1989 AS THE YEAR OF THE YOUNG READER IN SOUTH CAROLINA AND TO ENCOURAGE PARENTS, EDUCATORS, LIBRARIANS, AND ALL SOUTH CAROLINIANS TO OBSERVE THIS YEAR WITH APPROPRIATE PROGRAMS, CEREMONIES, AND ACTIVITIES THAT FOCUS ATTENTION ON ENCOURAGING A LOVE OF BOOKS AND READING AMONG YOUNG PEOPLE AND ARE AIMED AT GIVING THE CHILDREN AND YOUTH OF SOUTH CAROLINA THE GIFT OF READING AND THE PROMISE AND JOY THAT READING BRINGS INTO THEIR LIVES.

Whereas, books and reading are the foundation of a child's future education and enrichment and a source of delight and enjoyment to young children, their parents, and care givers, and

Whereas, helping children develop into readers today is the best way of ensuring a literate and informed citizenry tomorrow; and

Whereas, statewide attention is being focused on the mounting problem of illiteracy in South Carolina and on the need to encourage children and youth of all ages to read for information and pleasure; and

Whereas, the leaders of our nation and of this State have urged all of us to give renewed attention to fostering a love of books and reading among our young people by encouraging reading in our homes and supporting school and public libraries in efforts to make books widely available. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly designate 1989 as the Year of the Young Reader in South Carolina and encourage parents, educators, librarians, and all South Carolinians to observe this year with appropriate programs, ceremonies, and activities that focus attention on encouraging a love of books and reading among young people and aimed at giving the children and youth of South Carolina the gift of reading and the promise and joy that reading brings into their lives.

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

INTRODUCTION OF BILLS

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

H. 3498 -- Reps. Winstead and P. Harris: A BILL TO AMEND CHAPTER 17, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE CONTRIBUTIONS TO THE PROGRAM, THE BENEFITS OF THE PROGRAM, THE ADMINISTRATION OF THE PROGRAM, AND THE EXEMPTION OF PROGRAM ASSETS AND BENEFITS FROM TAXATION AND FROM LEVY, GARNISHMENT, OR ATTACHMENT.

Referred to Committee on Ways and Means.

H. 3499 -- Rep. Snow: A BILL TO AMEND SECTION 48-9-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICT COMMISSIONERS, SO AS TO REVISE THE DATE WHEN THE NUMBER OF QUALIFIED ELECTORS IN THE DISTRICT IS ASCERTAINED FOR PURPOSES OF DETERMINING WHETHER OR NOT A NOMINATION PETITION CONTAINS A SUFFICIENT NUMBER OF SIGNATURES.

Referred to Committee on Agriculture and Natural Resources.

H. 3500 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-230 SO AS TO PROHIBIT A HAZARDOUS WASTE DISPOSAL, TREATMENT, OR STORAGE FACILITY FROM BEING LOCATED WITHIN FIVE MILES OF A PUBLIC OR PRIVATE SCHOOL.

Referred to Committee on Agriculture and Natural Resources.

H. 3501 -- Rep. Davenport: A BILL APPROVING THE DISSOLUTION OF THE UNA WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S WATER DISTRIBUTION SYSTEM AND ALL RELATED ASSETS TO THE COMMISSIONERS OF PUBLIC WORKS OF THE CITY OF SPARTANBURG AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S SEWERAGE COLLECTION SYSTEM AND ALL RELATED ASSETS TO THE SPARTANBURG SANITARY SEWER DISTRICT, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S FIRE PROTECTION ASSETS TO THE UNA COMMUNITY VOLUNTEER FIRE DEPARTMENT CORPORATION, AN ELEEMOSYNARY CORPORATION CREATED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE AREA WHICH COMPRISES THE UNA WATER DISTRICT; AND TO REPEAL ACT 582 OF 1955 RELATING TO THE UNA WATER DISTRICT.

Referred to Spartanburg Delegation.

H. 3502 -- Reps. Washington, Wilkes, Whipper and D. Martin: A BILL TO AMEND SECTION 16-13-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIPT OF STOLEN GOODS, SO AS TO INCREASE THE FINE UPON A FIRST OFFENSE FROM TWO TO THREE HUNDRED DOLLARS AND TO PROVIDE THAT UPON IMPRISONMENT FOR A THIRD OFFENSE, NO PROBATION MAY BE GRANTED UNTIL ONE-THIRD OF THE PRISON TERM HAS BEEN SERVED.

Referred to Committee on Judiciary.

H. 3503 -- Reps. Sheheen and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-255 SO AS TO ESTABLISH THAT LEASE-LEASEBACK AND LEASE-PURCHASE AGREEMENTS ENTERED INTO BY THE GOVERNING BODY OF A SCHOOL DISTRICT CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND MAY NOT VIOLATE THE DEBT LIMITATIONS IMPOSED BY ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895.

Referred to Committee on Ways and Means.

H. 3504 -- Reps. Rudnick, Washington, Whipper, McBride, J. Brown, Keesley, Keegan, Waites, Burch and Faber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-350 SO AS TO PROVIDE THAT A PERSON WHO IS GUILTY OF A VIOLATION, FOR A FIRST OFFENSE, OF SECTION 56-5-5310 (OPERATING A MOTOR VEHICLE NOT IN GOOD WORKING ORDER) MAY NOT HAVE HIS AUTOMOBILE INSURANCE PREMIUMS INCREASED WHEN THE VIOLATION IS FOR NOT HAVING A TAILLIGHT IN GOOD WORKING ORDER.

Rep. RUDNICK asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. JASKWHICH objected.

Referred to Committee on Labor, Commerce and Industry.

H. 3505 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-140 SO AS TO REQUIRE A TEN PERCENT RATE REDUCTION ON ANY AUTOMOBILE INSURANCE POLICY ISSUED OR RENEWED IN THIS STATE AFTER JANUARY 1, 1989, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3506 -- Reps. Burch, Wilder, Washington, Whipper, McLeod, K. Bailey, G. Brown, Carnell, Chamblee, Blanding, Haskins, Keesley and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5435 SO AS TO PROVIDE A THIRTY-DAY GRACE PERIOD FOR VIOLATIONS OF SECTION 56-5-5350 REQUIRING INSPECTION OF MOTOR VEHICLES.

Referred to Committee on Education and Public Works.

H. 3507 -- Rep. Burch: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY-FIVE DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.

Referred to Committee on Ways and Means.

H. 3508 -- Rep. Felder: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CALVARY COMMUNITY ELEEMOSYNARY CORPORATION, LEXINGTON COUNTY.

On motion of Rep. FELDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3509 -- Rep. Felder: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE FOR MEDICARE PATIENT DAYS AND DELETE THE NURSING HOME VIOLATION FOR EXCEEDING THE NUMBER OF PERMITTED MEDICAID PATIENT DAYS.

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

H. 3510 -- Rep. McLellan: A BILL TO DECLARE THE LEGISLATIVE INTENT WITH RESPECT TO THE IMPLEMENTATION OF ACT 682 OF 1988 ESTABLISHING THE SOUTH CAROLINA RESOURCES AUTHORITY AND AUTHORIZING IT TO ISSUE BONDS WHOSE PROCEEDS WILL BE USED TO MAKE LOANS AND GRANTS AVAILABLE TO LOCAL GOVERNMENTS FOR PROJECTS APPROVED BY THE AUTHORITY; AND TO REAFFIRM ACT 682 OF 1988.

Referred to Committee on Ways and Means.

H. 3511 -- Reps. M.D. Burriss, Harvin, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Derrick, Elliott, Fair, Farr, Hallman, P. Harris, Haskins, Hearn, Hendricks, Holt, Jaskwhich, Kay, Keegan, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, L. Martin, Mattos, McAbee, McBride, McCain, McGinnis, McKay, McLeod, McTeer, Moss, Neilson, Nesbitt, Phillips, Quinn, Rama, Rhoad, Sharpe, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, Wilder, Winstead, Wofford and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-80 SO AS TO ESTABLISH THE HOME PROTECTION BILL OF RIGHTS.

Referred to Committee on Judiciary.

H. 3512 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-110 SO AS TO PROVIDE THAT BEFORE A COUNTY OR MUNICIPAL CORPORATION MAY ACCEPT A DEED TO A ROAD OR AGREE TO MAINTAIN A ROAD IT SHALL OBTAIN AN AFFIDAVIT FROM THE DONOR AND THE CONTRACTOR WHO CONSTRUCTED THE ROAD THAT ALL CONSTRUCTION COSTS HAVE BEEN PAID AND THAT THE ROAD IS FREE OF ALL ENCUMBRANCES.

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

H. 3513 -- Rep. Littlejohn: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIFICATIONS, PERIODIC ISSUANCE, AND REVALIDATION OF LICENSE PLATES, SO AS TO REQUIRE THAT THE NAME OF THE COUNTY IN WHICH THE VEHICLE IS REGISTERED MUST BE SHOWN ON THE LICENSE PLATE AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CHARGE UP TO A ONE DOLLAR FEE FOR SHOWING THE COUNTY ON THE LICENSE PLATE.

Referred to Committee on Education and Public Works.

H. 3514 -- Reps. Winstead and Wofford: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER WHERE AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHERE THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE.

Referred to Committee on Judiciary.

H. 3515 -- Rep. Simpson: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, AND TO AMEND SECTION 56-15-310, AS AMENDED, RELATING TO DEALER OR WHOLESALER LICENSES, SO AS TO INCREASE THE FEES FOR THESE LICENSES AND LICENSE PLATES AND PROVIDE THAT A CERTAIN PORTION OF EACH FEE MUST BE RETURNED TO THE COUNTY WHERE THE DEALER OR WHOLESALER IS LOCATED FOR USE BY THE GOVERNING BODY OF THE COUNTY IN THE MANNER IT CONSIDERS APPROPRIATE.

Referred to Committee on Education and Public Works.

H. 3516 -- Reps. Rama, Tucker, Keyserling, Waites, Limehouse, McElveen, J. Bailey, McCain, Baxley, Wilkes, Hallman, Corbett, T. Rogers, Lanford, G. Brown, Baker, Neilson, G. Bailey, R. Brown, Barber, Huff, Holt, Winstead, Moss, Blackwell, Kohn, Haskins, Kay, Hearn, Gordon, Davenport, Mappus, Wright, Taylor, Quinn, Cole, Burch, McLellan, Washington, J. Harris, J. Brown, J.W. Johnson, Lockemy, T.C. Alexander, Simpson, M.O. Alexander, D. Martin, Vaughn, Farr, Fant, Sharpe, Corning, Koon, Mattos, Glover, Beasley, McGinnis, Wells, J. Rogers, Faber, Sheheen, Nesbitt, Cork, Chamblee, Wilkins, Carnell, Fair, Cooper, J.C. Johnson, J. Williams, Phillips, Jaskwhich, Gentry, Keesley, McBride, Wilder, McLeod, H. Brown, Keegan, Rhoad, Elliott, Hayes, D. Williams, L. Martin, K. Bailey, Ferguson, Whipper, Harwell, Stoddard, Hendricks, Waldrop, Harvin, Wofford, Altman, Hodges, Felder, Klapman, Gregory, McTeer and Snow: A BILL TO REPEAL SECTION 59-63-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE PUPILS OF ONE RACE ATTENDING THE SCHOOLS PROVIDED BY THE BOARDS OF TRUSTEES FOR PERSONS OF ANOTHER RACE.

On motion of Rep. RAMA, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3517 -- Reps. Kirsh, T.M. Burriss, G. Bailey, Harvin, Kohn, J.W. Johnson, Wells, McCain, Quinn, Wright, L. Martin and Blackwell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCEPTANCE OF BIDS UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE REQUIREMENTS FOR LISTING SUBCONTRACTORS.

Referred to Committee on Judiciary.

H. 3518 -- Reps. Barfield, McBride, Holt, Keegan, Corbett, Manly, Waldrop, Bennett, H. Brown, Whipper, Sheheen, Moss, M.O. Alexander, R. Brown, White, Gordon, Mattos, J. Harris, G. Bailey, Littlejohn, McGinnis, Vaughn, Wells and Wofford: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS FOR MOTOR VEHICLES, SO AS TO PROVIDE PENALTIES FOR PERSONS CONVICTED OF OPERATING A MOTOR VEHICLE AT A SPEED IN EXCESS OF THIRTY MILES AN HOUR ABOVE THE POSTED SPEED LIMIT.

Referred to Committee on Education and Public Works.

H. 3519 -- Reps. Waites, T. Rogers, Keyserling, Harwell, McElveen, Huff, Whipper, Washington, Rudnick and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-115 SO AS TO PROHIBIT A STATE ETHICS COMMISSION MEMBER FROM BECOMING A CANDIDATE FOR PUBLIC OFFICE, A PUBLIC OFFICIAL, AN OFFICER OF A POLITICAL PARTY, OR A PAID CONSULTANT FOR A CANDIDATE FOR PUBLIC OFFICE; AND TO AMEND SECTION 8-13-120, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE PROCESSING OF COMPLAINTS BY THE COMMISSION AGAINST PERSONS ALLEGED TO HAVE VIOLATED THE PROVISIONS OF ETHICS LEGISLATION.

Referred to Committee on Judiciary.

H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.

Referred to Committee on Judiciary.

H. 3521 -- Reps. Waites, T. Rogers, Keyserling, Rudnick, McElveen, Huff, Hayes, Whipper, Washington, Lockemy and G. Bailey: A BILL TO AMEND SECTIONS 8-13-20 AND 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO CHANGE THE DEFINITION OF "CANDIDATE FOR PUBLIC OFFICE" AND TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE REPORT OF CONTRIBUTIONS AND EXPENDITURES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, 8-13-710, 8-13-720, AND 8-13-730 SO AS TO REGULATE CAMPAIGN PRACTICES.

Referred to Committee on Judiciary.

H. 3522 -- Reps. Nettles, J.W. Johnson, Hodges, Hayes, T. Rogers, McElveen, Baxley, Huff, Wilkins, Corning, McAbee, Washington, T.M. Burriss, Snow, Harvin, Barber, Sheheen, Boan and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 17 SO AS TO ESTABLISH THE OFFICE OF INDIGENT DEFENSE SERVICES BY PROVIDING FOR DEFINITIONS, THE COMMISSION ON INDIGENT DEFENSE SERVICES AND ITS DUTIES, THE OFFICE'S RESPONSIBILITIES, THE DIRECTOR AND HIS DUTIES, AN ADDITIONAL COURT COST, AND FUNDING FOR THE SERVICES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND OBTAINING SERVICES FOR TRIAL, SO AS TO PROVIDE FOR APPOINTMENT FROM THE CIRCUIT PUBLIC DEFENDER'S OFFICE, PROVIDE FOR THE ATTORNEY TO REPRESENT INSTEAD OF DEFEND THE ACCUSED, DELETE THE REFERENCE TO THE PUBLIC DEFENDER AND TO THE LIMITATION OF THE APPLICATION OF THIS SECTION TO THE CHARGE OF MURDER, REVISE THE ATTORNEY'S FEE AND PROVIDE FOR REIMBURSEMENT, AND PROVIDE FOR PAYMENT FOR SERVICES FROM THE DEFENSE OF INDIGENTS FUND AND DELETE THE LIMITATION ON THE PAYMENT; AND TO AMEND CHAPTER 3, TITLE 17, AS AMENDED, RELATING TO DEFENSE OF INDIGENTS, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON IS ENTITLED TO PRIVATE COUNSEL OR REPRESENTATION BY THE CIRCUIT PUBLIC DEFENDER'S OFFICE, THE PAYMENT OF COUNSEL AND CLAIMS AGAINST THE ASSETS AND ESTATE OF THE ACCUSED, ESTABLISHED FEES AND REIMBURSEMENT, AND THE PROVISIONS FOR PUBLIC DEFENDER OFFICES BY PROVIDING FOR CIRCUIT PUBLIC DEFENDER BOARDS AND CIRCUIT PUBLIC DEFENDERS AND THEIR DUTIES AND DELETE THE REFERENCE TO SUPREME COURT REGULATIONS.

Referred to Committee on Judiciary.

H. 3523 -- Reps. Moss and Felder: A BILL TO AMEND SECTION 40-71-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY OF MEMBERS OF CERTAIN PROFESSIONAL COMMITTEES, SO AS TO EXEMPT COMMITTEES APPOINTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REVIEW PATIENT MEDICAL AND HEALTH RECORDS IN ORDER TO STUDY THE CAUSES OF DEATH AND DISEASE; AND TO AMEND SECTION 40-71-20, RELATING TO THE CONFIDENTIALITY OF CERTAIN PROCEEDINGS, RECORDS, AND INFORMATION, SO AS TO PROVIDE THAT THE CONFIDENTIALITY PROVISIONS DO NOT PREVENT COMMITTEES APPOINTED BY THE DEPARTMENT FROM ISSUING REPORTS SOLELY CONTAINING NONIDENTIFYING DATA AND INFORMATION.

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

H. 3524 -- Rep. Taylor: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE OFFICERS' RETIREMENT SYSTEM BY ADDING SECTION 9-11-47 SO AS TO PROVIDE THAT AN EMPLOYER WHO MAINTAINS A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS BEFORE THE DATE OF ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM MAY REQUIRE ALL ACTIVE MEMBERS OF THAT LOCAL SYSTEM TO BECOME MEMBERS OF THE POLICE OFFICERS' RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICH MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, AND TO REQUIRE THE LOCAL SYSTEM TO KEEP AN ADEQUATE RETAINAGE TO MEET CURRENT RETIREE OBLIGATIONS.

Referred to Committee on Ways and Means.

S. 333 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.

Referred to Committee on Labor, Commerce and Industry.

H. 3508-ORDERED TO BE READ SECOND
TIME TOMORROW

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 3508 be read the second time tomorrow.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 16, 1989.

Malloy McEachin                   Grady Brown
Will McCain                       John J. Snow, Jr.
T.M. Burriss
Total Present-119

LEAVES OF ABSENCE

The SPEAKER granted Reps. KLAPMAN and HASKINS a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. L.A. Heavrin of Spartanburg is the Doctor of the Day for the General Assembly.

S. 271-DEBATE ADJOURNED

Rep. BAXLEY moved to adjourn debate upon the following Bill until Thursday, February 23, which was adopted.

S. 271 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM PORTIONS OF ROADS S 28-52 FROM S 28-185 AND ALL OF ROAD S 28-731 IN KERSHAW COUNTY.

SPEAKER PRO TEMPORE IN CHAIR
SENT TO THE SENATE

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

H. 3101 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

H. 3388 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-135 SO AS TO PROVIDE THAT THE SEPARATELY MAINTAINED HEALTH INSURANCE AND DENTAL INSURANCE ACCOUNTS IN THE STATE TREASURY MAY BE COMMINGLED FOR THE PURPOSES OF PAYING CLAIMS.

H. 3393 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SCREENING FOR INBORN METABOLIC ERRORS, DESIGNATED AS REGULATION DOCUMENT NUMBER, 856, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3030 -- Rep. McAbee: A BILL TO AMEND CHAPTER 1, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF A COUNTY BY CONTRACT AUTHORIZES A PRIVATE ENTITY TO OPERATE A COUNTY HEALTH CARE FACILITY, THE CONTRACT ALSO MAY REQUIRE THE PRIVATE ENTITY TO IMPLEMENT GRIEVANCE PROCEDURES FOR THE EMPLOYEES OF THE FACILITY, AND THESE GRIEVANCE PROCEDURES APPLY TO THESE EMPLOYEES REGARDLESS OF WHETHER OR NOT THEY ARE CONSIDERED COUNTY EMPLOYEES.

H. 3429 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO COMPLAINTS OF DISCRIMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3430 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3431 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOME HEALTH AGENCIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3432 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIME VICTIMS' COMPENSATION FUND, RELATING TO LEGAL FEES, DIRECT AWARD, SAME HOUSEHOLD, AND AGE OF CONSENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3355 -- Rep. Blackwell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.

H. 3099 -- Rep. Hayes: A BILL TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURRENDER OF A DEFENDANT WHEN THE SURETY HOLDING THE BOND WISHES TO REMOVE THE BOND, SO AS TO PROVIDE FOR A HEARING BEFORE A JUDICIAL OFFICER BEFORE THE DEFENDANT'S RECOMMITMENT TO CUSTODY.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 130 -- Senators Bryan, Peeler and Hayes: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

S. 221 -- Judiciary Committee: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO ADD A PROVISION REQUIRING A SERVICE CHARGE PAYABLE BY THE DRAWER OF A DRAFT, CHECK, OR OTHER WRITTEN ORDER TO THE PAYEE OF THE INSTRUMENT WHEN IT IS PRESENTED FOR PAYMENT IN WHOLE OR IN PART OF ANY DEBT EXISTING AT THAT TIME.

H.3135--TABLED

The following Bill was taken up.

H. 3135 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

Rep. WILKINS moved to table the Bill, which was agreed to.

H.3326-AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.

The House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0019R), which was adopted.

Amend the bill as and if amended by striking the second paragraph on page 1 and inserting:

"Whereas, the transportation, treatment, storage, and disposal of hazardous waste in the State of South Carolina can pose serious health and safety risks to citizens and can detrimentally affect the state environment; and"

Amend title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. ALTMAN a temporary leave of absence to attend a Highway Commission meeting.

Rep. KOON proposed the following Amendment No. 2 (Doc. No. 1673U), which was tabled.

Amend the bill, as and if amended, in Section 44-56-130 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /Act/ on line 26 of page 3 the following:

/; except that waste generated outside this State by an entity which also owns a business or industrial site within this State must be accepted for treatment, storage, or disposal/.

Amend title to conform.

Rep. KOON explained the amendment.

Rep. BLACKWELL asked unanimous consent to amend the amendment at the desk.

Rep. SHEHEEN objected.

Rep. KOON continued speaking.

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

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

Yeas 90; Nays 8

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.G         Bailey, J.
Bailey, K.             Baker                  Barber
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Brown, G.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Carnell
Chamblee               Clyborne               Cooper
Corbett                Corning                Derrick
Elliott                Fant                   Farr
Felder                 Ferguson               Foster
Gentry                 Glover                 Gordon
Gregory                Hallman                Harvin
Harwell                Hayes.                 Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.W.
Keegan                 Keesley                Keyserling
Kirsh                  Limehouse              Littlejohn
Lockemy                Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McElveen
McGinnis               McLellan               McLeod
McTeer                 Moss                   Nesbitt
Nettles                Phillips               Quinn
Rhoad                  Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Whipper
Wilder                 Wilkes                 Wilkins
Williams, J.           Winstead               Wright

Total-90

Those who voted in the negative are:

Bailey, G.             Cole                   Davenport
Koon                   Lanford                Rama
Sturkie                Wells

Total-8

So, the amendment was tabled.

Reps. SHEHEEN, McLEOD, HALLMAN and McELVEEN proposed the following Amendment No. 3 (Doc. No. 1952U), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1, page 3, lines 11 through 30, and inserting:

/SECTION 1. Section 44-56-130 of the 1976 Code is amended by adding:

(4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment.

(5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage.

(6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal./

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Rep. G. BAILEY proposed the following Amendment No. 4 (Doc. No. 1930U), which was tabled.

Amend the bill, as and if amended, by adding at the end of item (4) of 44-56-130 of the 1976 Code, as contained in SECTION 1, the following:

/If any jurisdiction on the effective date of this item is in the process of amending its laws or regulations, as determined by the department, to permit the treatment, storage, or disposal of hazardous waste of a certain type within that jurisdiction, the department may grant an exemption for a period not to exceed ninety days from the effective date of this item to allow hazardous waste of that type generated in that jurisdiction to be accepted by a treatment, storage, or disposal facility in this State./

Amend title to conform.

Rep. G. BAILEY explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. HARVIN proposed the following Amendment No. 5 (Doc. No. 1949U).

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

/SECTION. Beginning July 1, 1989, and until June 30, 1990, the maximum amount of hazardous waste a landfill may accept is one hundred one thousand, two hundred fifty tons. From July 1, 1990, until June 30, 1991, the maximum amount of hazardous waste a landfill may accept is sixty-seven thousand, five hundred tons. From July 1, 1991, until June 1, 1992, the maximum amount of hazardous waste a landfill may accept is thirty-three thousand, seven hundred fifty tons.

After January 1, 1992, no landfill may dispose of hazardous wastes. Hazardous wastes must be stored in a manner which allows safe retrieval for future treatment or disposal. Nothing in this section precludes landfill disposal of wastes which have been treated to render them nonhazardous.

SECTION ____. The 1976 Code is amended by adding:

"Section 44-56-125. Hazardous and nonhazardous waste must be disposed of or stored separately. A hazardous landfill site may not accept more than forty thousand tons of nonhazardous waste in any one years."/

Renumber sections to conform.

Amend title to conform.

Rep. HARVIN explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 5, Rep. HARVIN having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to the appropriate committee:

H. 3525 -- Rep. Blackwell: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT THE SALES TAX EXEMPTION REGARDING THE SALE OF AUTOMOBILES TO CERTAIN PERSONS IN THE ARMED FORCES DOMICILED IN OR A RESIDENT OF ANOTHER STATE ALSO APPLIES TO THE SALE OF PROPERTY-CARRYING VEHICLES WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

Referred to the Committee on Ways and Means.

H. 3326-ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. HARVIN having the floor.

H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.

AMENDMENT NO. 5-TABLED

Debate was resumed on Amendment No. 5 by Rep. HARVIN.

Rep. HARVIN continued speaking.

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

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

Yeas 96; Nays 12

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Barber                 Barfield
Beasley                Bennett                Blackwell
Boan                   Brown, H.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fant
Felder                 Ferguson               Foster
Gentry                 Glover                 Gregory
Hallman                Harris, J.             Harris, P.
Harwell                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Kohn
Koon                   Lanford                Limehouse
Littlejohn             Lockemy                Manly
Martin, D.             Martin, L.             Mattos
McBride                McCain                 McGinnis
McLellan               McTeer                 Moss
Neilson                Nesbitt                Nettles
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Short                  Simpson
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Winstead               Wofford                Wright

Total-96

Those who voted in the negative are:

Bailey, K.             Baxley                 Blanding
Brown, G.              Corbett                Gordon
Harvin                 McAbee                 McEachin
McElveen               McLeod                 Rudnick

Total-12

So, the amendment was tabled.

Record For Voting

As a member of the Environmental Subcommittee, I support the subcommittee's study of the several bills before it that include phase-out provisions and plans to deal with the future disposal and storage of hazardous waste in S.C. During this session, public hearings should be held and a comprehensive solution should be presented to the House for consideration. This amendment has merit but circumvented that procedure.

Rep. WAITES

Rep. KOON proposed the following Amendment No. 6 (Doc. No. 1955U), which was tabled.

Amend the bill, as and if amended, by adding the following new paragraph at the end of item (4) of Section 44-56-130 of the 1976 Code, as contained in SECTION 1:

/Notwithstanding the above provisions of this section, hazardous waste generated outside this State by a corporation or entity which also has its corporate or entity headquarters in this State is acceptable for treatment, storage, or disposal in this State./

Amend title to conform.

Rep. KOON explained the amendment.

Rep. SHEHEEN moved to table the amendment.

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

The amendment was then tabled by a division vote of 60 to 12.

Reps. McELVEEN, BAXLEY, HARVIN and G. BROWN spoke in favor of the Bill.

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

H. 3326-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that H. 3326 be read the third time tomorrow.

Record For Voting

I was out of the House Chamber when H. 3326 got 2nd reading as amended.

I would like to register a 'yes' vote to H. 3326.

Rep. G. BAILEY

Rep. BOAN moved that the House do now adjourn.

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

Yeas 11; Nays 82

Those who voted in the affirmative are:

Bennett                Boan                   Burch
Holt                   Johnson, J.W.          Koon
Nettles                Simpson                Townsend
Whipper                White

Total-11

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Baker                  Barber
Barfield               Baxley                 Beasley
Blackwell              Blanding               Brown, G.
Brown, H.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Elliott
Fant                   Farr                   Felder
Foster                 Gentry                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Hayes
Hearn                  Hendricks              Hodges
Huff                   Jaskwhich              Kay
Keesley                Keyserling             Kirsh
Lanford                Limehouse              Littlejohn
Lockemy                Manly                  Martin, D.
Martin, L.             Mattos                 McCain
McEachin               McElveen               McGinnis
McLellan               McLeod                 McTeer
Moss                   Neilson                Phillips
Quinn                  Rama                   Rogers, J.
Short                  Snow                   Sturkie
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Wilder
Wilkes                 Winstead               Wofford
Wright

Total-82

So, the House refused to adjourn.

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Reps. SIMPSON and McLELLAN a leave of absence for the remainder of the day.

ORDERED TO THIRD READING

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

H. 3040 -- Reps. Wilkins, Huff and Nettles: A BILL TO AMEND SECTIONS 17-24-10 AND 17-24-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INSANITY, SO AS TO PROVIDE THAT IT IS AN AFFIRMATIVE DEFENSE WHICH THE DEFENDANT HAS THE BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE; AND TO AMEND SECTION 17-24-20, AS AMENDED, RELATING TO A VERDICT OF GUILTY BUT MENTALLY ILL, SO AS TO FURTHER PROVIDE FOR THE BURDEN OF PROOF IN THESE CASES.

H. 3306 -- Rep. Mappus: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO WILL BE SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY.

H. 3078--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3078 -- Rep. Wilder: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS; TO INCREASE THE PENALTY FOR THE VIOLATIONS; AND TO MAKE CORRESPONDING ADJUSTMENTS IN THE JURISDICTION OF THE COURT OF GENERAL SESSIONS TO TRY THESE VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1309U), which was adopted.

Amend the bill, as and if amended, in Section 34-11-90(a) of the 1976 Code, as contained in SECTION 2, page 2, line 6, by inserting after /second/ /or subsequent/ and on lines 8 through 13 by striking /; and for a third and each subsequent conviction by imprisonment for thirty days by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not more than one year, or both/ and inserting /; and for a third and each subsequent conviction by imprisonment for thirty days/ so that when amended Section 34-11-90(a) shall read:

/(a) Convictions in a magistrate's court shall be are punishable as follows:

For for a first conviction by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days; for a second or subsequent conviction by a fine of two hundred dollars or by imprisonment for thirty days; and for a third and each subsequent conviction by imprisonment for thirty days./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 3078--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 3078 be read the third time tomorrow.

H. 3161-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3161 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE A PENALTY FOR COUNTIES WHICH DO NOT REMIT ASSESSMENTS TO THE COMMISSION IN A TIMELY MANNER, TO REQUIRE THE COMMISSION TO DOCUMENT REASONS FOR CHANGES IN RATES AND SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTIONS 58-11-10 THROUGH 58-11-160, SECTION 58-23-1510, AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO RADIO COMMON CARRIERS, BUSES, AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1503U), which was adopted.

Amend the bill, as and if amended, by striking Sections 1, 2, and 3 and inserting:

/SECTION 1. Section 58-3-100 of the 1976 Code is amended to read:

"Section 58-3-100. The expenses of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, shall must be borne by the several companies subject to its jurisdiction according to their gross income from operations in this State, such gross income to be proportionate to the number of miles operated in this State by transportation and transmission companies, to be apportioned by the Comptroller General. The Comptroller General shall revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630, registration fees derived pursuant to Section 58-23-640, and the portion of the fuel stamp fees allocated to the Public Service Commission by the Tax Commission. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State.

Except as specifically provided above, in Sections 58-5-940 and 58-27-50. all other expenses of the Public Service Commission must be borne by the public utilities as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, radio common carrier as defined in Section 58-11-10, and electric utilities as defined in Section 58-27-10 under the commission's jurisdiction. on On or before the first day of October in each and every year, the Comptroller General shall assess upon each of such companies utility company and railway company its just proportion of such the expenses in proportion to its gross income from operation in this State in the current year ending on the thirtieth day of June preceding that on which the assessment is made. Such The assessments shall must be charged up against such the companies, respectively, under the order and direction of by the Comptroller General, shall be and collected by the several county treasurers in the manner provided by law for the collection of taxes from such the companies and shall be paid by the county treasurers as collected into the State Treasury in like manner as other taxes collected by them for the State.

The Public Service Commission shall certify to the Comptroller General annually on or before August first the amounts to be assessed. A penalty, as determined by the Comptroller General, must be assessed against counties not remitting collected assessments in a timely manners."

SECTION 2. Section 58-5-240 of the 1976 Code is amended by adding:

"(H) The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole record. The commission shall specify an allowable operating margin in all water and wastewater orders."

SECTION 3. Section 58-9-540 of the 1976 Code is amended by adding:

"(E) The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole record."/

Amend further by striking Section 5 and inserting:

/SECTION 5. Section 58-23-20 of the 1976 Code is amended to read:

"Section 58-23-20. No corporation or person, their his lessees, trustees, or receivers, shall may operate any a motor vehicle for the transportation of persons or property for compensation on any an improved public highway in this State except in accordance with the provisions of this chapter, except where the use of a motor vehicle is incidental only to the operation, and any such operation shall be is subject to control, supervision, and regulation by the Commission commission in the manner provided by this chapter. The commission may not fix or approve the rates, fares, or charges for buses."/

Amend further by striking Section 8 and inserting:

/SECTION 8. Section 58-27-870 of the 1976 Code is amended by adding:

"(G) The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole records."/

Renumber sections to conform.

Amend title to conform.

Rep. GREGORY explained the amendment.

The amendment was then adopted;

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

H. 3161-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. GREGORY, with unanimous consent, it was ordered that H. 3161 be read the third time tomorrow.

H. 3265-INTERRUPTED DEBATE

The following Bill was taken up.

H. 3265 -- Rep. Boan: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.

Rep. NEILSON explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. NEILSON having the floor.

MOTION REJECTED

Rep. BLACKWELL moved that the House recur to the morning hour, which was not agreed to by a division vote of 30 to 41.

Rep. GREGORY moved that the House do now adjourn.

POINT OF ORDER

Rep. ELLIOTT raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

The question then recurred to the motion that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3495 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. DAVID MARTIN HOFFMAN OF ANDERSON, ASSISTANT SOLICITOR FOR THE TENTH CIRCUIT.

H. 3497 -- Reps. Blanding, E.B. McLeod, Baxley, G. Brown and McElveen: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF ATTORNEY WILLIAM B. JAMES OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 11:35 A.M. the House in accordance with the motion of Rep. BLACKWELL adjourned out of memory and respect for Mrs. Jarvis Klapman, Rep. KLAPMAN'S wife to meet at 10:00 A.M. tomorrow.


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