WEDNESDAY, MARCH 8, 2000
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 gracious God Who has watched over us in all our yesterdays, in You is our assurance for today and our hope for tomorrow. We are grateful for these moments of prayer which invite us to look up to You. When we look down, we see so much to discourage us; when we look around, we see so much confusion. So, as we travel the highway of daily duty, give us ears to hear Your teachings and wills to follow Your way. Help us to be steadfast in our discipleship. 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. BREELAND moved that when the House adjourns, it adjourn in memory of Dr. Walter L. Salters of Orangeburg, which was agreed to.
R. 244, H. 4635--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following veto printed in the Journal:
State of South Carolina
Office of the Governor
March 7, 2000
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4635, R. 244, an Act:
TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL’S CONTROL.
This veto is based upon my belief that H. 4635, R. 244, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 4635, R. 244.
Sincerely,
Governor Jim Hodges
REPORTS OF STANDING COMMITTEES
Rep. J. BROWN for the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments.
Rep. HOWARD for the minority, submitted an unfavorable report on:
H. 4306 -- Reps. Limehouse and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-85 SO AS TO PROVIDE THAT A ONE DOLLAR SURCHARGE MUST BE IMPOSED IN ADDITION TO ANY OTHER PENALTY ASSOCIATED WITH AN OFFENSE CONTAINED ON A UNIFORM TRAFFIC TICKET ISSUED BY A LAW ENFORCEMENT OFFICER AND BE DISBURSED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS TO FUND SPINAL CORD INJURY RESEARCH PROJECTS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4383 -- Reps. Quinn, Gilham and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES, AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED.
Ordered for consideration tomorrow.
CONCURRENT RESOLUTION
The following was introduced:
H. 4745 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO JOIN HIS FRIENDS AND FAMILY AT DEDICATION CEREMONIES IN LEE STATE PARK IN CELEBRATING THE LIFE OF THE LATE R. W. "BOB" MERCK OF LEE COUNTY AND HIS TWENTY-FIVE YEARS OF SERVICE TO PRESERVING THE NATURAL RESOURCES OF LEE COUNTY IN HIS ROLE AS COMMISSIONER AND CHAIRMAN OF THE LEE COUNTY SOIL AND WATER CONSERVATION DISTRICT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1216 -- Senator Elliott: A CONCURRENT RESOLUTION SALUTING MS. LESLEY FONDREN OF NORTH MYRTLE BEACH ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP STUDENT VOLUNTEERS IN THE FIFTH ANNUAL "PRUDENTIAL SPIRIT OF COMMUNITY AWARDS" PROGRAM.
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. 1223 -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING MS. BOBBIE SONEFELD OF HOPKINS, RICHLAND COUNTY, ON WINNING ONE MILLION DOLLARS FOR HER CREAM CHEESE BROWNIE PIE IN THE FIFTIETH ANNIVERSARY PILLSBURY BAKE-OFF CONTEST.
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. 4746 -- Rep. D. Smith: A BILL TO AMEND SECTION 14-7-860 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS TO BE EXCUSED FROM JURY DUTY, SO AS TO PROVIDE THAT A PERSON MUST BE EXCUSED FROM JURY DUTY IF THE PERSON PERFORMS SUCH ESSENTIAL SERVICES TO A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT THE PERSON'S ABSENCE WOULD CAUSE THE ENTERPRISE TO CLOSE OR CEASE TO FUNCTION.
Referred to Committee on Judiciary
S. 1200 -- Senator Washington: A BILL TO PROVIDE ANNUAL SALARIES FOR THE MEMBERS AND THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, AND TO PROVIDE THAT THESE SALARIES MUST BE IN LIEU OF PER DIEM AND MILEAGE ALLOWANCES FOR MEETINGS OF THE BOARD.
Referred to Charleston Delegation
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allison / Altman / BalesBarfield / Barrett / Battle
Bowers / Breeland / Brown, G.
Brown, H. / Brown, J. / Campsen
Canty / Carnell / Cato
Cooper / Dantzler / Davenport
Delleney / Edge / Emory
Fleming / Frye / Gamble
Gilham / Gourdine / Harrell
Harrison / Harvin / Haskins
Hawkins / Hines, J. / Hines, M.
Hinson / Hosey / Huggins
Inabinett / Keegan / Kelley
Kennedy / Kirsh / Klauber
Knotts / Leach / Lee
Limehouse / Littlejohn / Lloyd
Loftis / Lucas / McCraw
McGee / McLeod, M. / McLeod, W.
McMahand / Meacham-Richardson / Neal, J.M.
Neilson / Parks / Perry
Quinn / Rhoad / Rice
Riser / Robinson / Rodgers
Sandifer / Scott / Sharpe
Sheheen / Smith, D. / Smith, F.
Smith, R. / Stille / Stuart
Taylor / Tripp / Trotter
Whipper / Wilder / Wilkes
Wilkins / Woodrum
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, March 8.
Vida Miller / Michael EasterdayOlin Phillips / Becky Martin
William Witherspoon / Converse Chellis
Bill Cotty / Byron Webb
Michael Whatley / Harry Askins
William Clyburn / Steve Lanford
Glenn Hamilton / Gary Simrill
Harry Ott / Joel Lourie
David Mack / Gilda Cobb-Hunter
Clementa Pinckney / Jackie Hayes
Chuck Allen / Ronald Townsend
Joseph Neal / James Smith
Todd Rutherford / Bessie Moody-Lawrence
Robert Walker / Annette Young-Brickell
Douglas Jennings / J. Cordell Maddox
James Law / Jerry Govan
Theodore Brown / Lynn Seithel
Woodrow McKay
Total Present--118
STATEMENT OF ATTENDANCE
Rep. T. BROWN 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, March 7.
DOCTOR OF THE DAY
Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.
SPECIAL PRESENTATION
Rep. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Navy Junior ROTC Drill Team, named "South Carolina Navy Junior ROTC State Champions", their drill team instructors and other school officials.
SPECIAL PRESENTATION
Rep. WEBB presented to the House, Head Football Coach Tommy Bowden of Clemson University, the 1999 ACC Coach of the Year.
CO-SPONSORS ADDED
In accordance with House Rule 5.2 below:
"5.2Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of cosponsors may be added. A member may add his name to a bill or resolution or a cosponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or cosponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member’s or cosponsor’s written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee.”
CO-SPONSOR ADDED
Bill Number: / H. 4491Date: / ADD:
03/08/00 / W. MCLEOD
CO-SPONSOR ADDED
Bill Number: / H. 4010Date: / ADD:
03/08/00 / RODGERS
CO-SPONSOR ADDED
Bill Number: / H. 4010Date: / ADD:
03/08/00 / GILHAM
CO-SPONSOR ADDED
Bill Number: / H. 4383Date: / ADD:
03/08/00 / SEITHEL
MOTION ADOPTED
Rep. HARRELL moved that H. 4775, the General Appropriation Bill, be set for Special Order on Monday, March 13, 2000, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition, which was agreed to.
MOTION ADOPTED
Rep. HARRELL moved that while debating H. 4775, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
MOTION ADOPTED
Rep. HARRELL moved that H. 4776, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 1999-2000, be set for Special Order immediately after third reading of H.4775, and continue each day thereafter until given a second reading, which was agreed to.
MOTION ADOPTED
Rep. HARRELL moved that while debating H. 4776, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 1999-2000, the Bills on the Calendar be printed by number only, which was agreed to.
MOTION ADOPTED
Rep. HARRELL moved that H. 4777, the Surplus Appropriation Bill for Fiscal Year 1998-1999, be set for Special Order immediately after second reading of H. 4776, the Capital Reserve Fund, and continue each day thereafter until given a second reading, which was agreed to.
MOTION ADOPTED
Rep. HARRELL moved that while debating H. 4777, the Surplus Appropriation Bill for Fiscal Year 1998-1999, the Bills on the Calendar be printed by number only, which was agreed to.
MOTION ADOPTED
Rep. HARRELL moved that H. 4778, the Supplemental Appropriation Bill for Fiscal Year 1999-2000, be set for Special Order immediately after second reading of H. 4777, the Surplus Appropriation Bill for Fiscal Year 1998-1999, and continue each day thereafter until given a second reading, which was agreed to.
MOTION ADOPTED
Rep. HARRELL moved that while debating H. 4778, the Supplemental Appropriation Bill for Fiscal Year 1999-2000, the Bills on the Calendar be printed by number only, which was agreed to.
SENT TO THE SENATE
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3914 -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
H. 3553 -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
H. 4543 -- Rep. Miller: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
H. 3741--DEBATE ADJOURNED
The following Bill was taken up:
H. 3741 -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
Rep. WILKES explained the Bill.
Rep. KNOTTS moved to adjourn debate on the Bill until Thursday, March 9, which was agreed to.
H. 3266--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
H. 3266 -- Reps. D. Smith, J. Brown, W. McLeod and Miller: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No.1 (Doc Name NBD\AMEND\11697AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION1.This act may be cited as the “South Carolina Brownfields/Voluntary Cleanup Act”.
SECTION2.Chapter 56, Title 44 of the 1976 Code is amended by adding:
“Article 7
Brownfields/Voluntary Cleanup Program
Section 4456710.The purpose of the voluntary cleanup program is to:
(1)return to use industrial and commercial facilities whose redevelopment is complicated by real or perceived environmental contamination;
(2)provide an incentive to conduct response actions at a site by providing nonresponsible parties State CERCLA liability protection or by providing responsible parties with a covenant not to sue; and
(3)provide reimbursement to the department for oversight costs.
Section 4456720.As used in this article:
(1)‘CERCLA’ means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. ‘9601, et seq.
(2)‘Contaminant’ includes, but is not limited to, any element, substance, compound, or mixture, including diseasecausing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; ‘contaminant’ does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U.S.C. Section 9601, etseq. and does not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality or mixtures of natural gas and such synthetic gas.
(3)‘Department’ means the South Carolina Department of Health and Environmental Control.
(4)‘Nonresponsible party’ means any party which is neither:
(ii)a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor
(iii)a parent, subsidiary of, or successor to a responsible party.
(5)‘Oversight costs’ means those costs, both direct and indirect, incurred by the department in implementing the Voluntary Cleanup Program.
(6)‘Property’ means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party.
(7)‘Response action’ means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment.
(8)‘Responsible party’ means:
(a) the owner and operator of a vessel, as defined in CERCLA Section 101 (28), or a facility;
(b) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of;
(c)any person who by contract, settlement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances; and
(d)any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, as defined in CERCLA Section 101 (38), or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance.
(9)‘Site’ means all areas where a contaminant has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; ‘site’ does not include any consumer product in consumer use or any vessel, as defined in CERCLA Section 101 (28).