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

Thursday, April 27, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Reverend Hilton Johnson, Pastor of United Methodist Church in Barnwell:

This is the day which the Lord hath made, let us rejoice and be glad in it.

Let us pray.

O Lord, Supreme Law Giver of the Universe, we come seeking to do Thy will. We come more in willingness to do than in knowledge of how to do:

Lead us to the point of understanding

Empower us to follow Thy wisdom

Instill in us an unwavering fervancy and add Thy heavenly benediction to all our efforts which we undertake.

Wherein we fail, we assume the full blame and responsibility and wherein we succeed we ascribe to Thee all honor, praise and glory.

In the name of God. 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.

REPORTS OF STANDING COMMITTEES

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

H. 3932 -Rep. Altman: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO ENACT THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 575 -- Senators Horace C. Smith, Waddell, J. Verne Smith, Leatherman and Moore: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO EXPAND THE PURPOSES FOR WHICH BONDS WERE AUTHORIZED FOR THE RENOVATION OF THE ADMINISTRATION BUILDING, AIRPORT CAMPUS OF MIDLANDS TECHNICAL COLLEGE AND AUTHORIZE CLASSROOM BUILDING RENOVATIONS ON THE BELTLINE CAMPUS OF THE COLLEGE.

Ordered for consideration tomorrow.

H. 3796--RECORD FOR VOTING

H. 3796, the Pari-Mutuel Sports Act, was reported out of the Labor, Commerce and Industry Committee with a minority report on April 26. I voted against the Bill in committee. It was my intention to sign the minority report on this Bill before it was read across the desk.

Rep. T.C. ALEXANDER

CONCURRENT RESOLUTION

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

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

Whereas, the economic well-being of this State and of this nation is dependent upon a sound transportation system; and

Whereas, the transportation policies implemented by state and federal regulatory bodies have provided this country with the most efficient transportation services that exist anywhere; and

Whereas, the impressive growth of the various modes of transportation has been in response to the public's ever-increasing demands for specialized, flexible, low-cost, efficient transportation services to meet the changing business patterns of this century; and

Whereas, the military security of this country and of the world depends on the capacity of the transportation industry to move men and material; and

Whereas, the men and women who constitute the work force of this vast transportation industry should be recognized for their outstanding contribution to the daily needs of every farm, home, and business in the communities of this State and this country. Now, therefore,

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

That May 14-20, 1989, is declared "National Transportation Week" in South Carolina, and all citizens are urged to join with the South Carolina Department of Highways and Public Transportation, Transportation Clubs International, South Carolina Trucking Association, National Defense Transportation Association, Delta Nu Alpha transportation fraternity, the American Association of State Highway and Transportation Officials, and other transportation-related groups and individuals in observing this week in honor of the people of this industry.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3979 -- Rep. Nettles: A CONCURRENT RESOLUTION COMMENDING MRS. LYNDA P. HAWKINS OF LAKE CITY HIGH SCHOOL IN FLORENCE COUNTY FOR RECEIVING THE "SECONDARY TEACHER OF THE YEAR AWARD" FOR 1989.

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

INTRODUCTION OF BILLS

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

H. 3980 -- Rep. R. Brown: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE HOLIDAY AND SICK LEAVE FROM THE DEFINITION OF WAGES, AND TO DELETE THE SPECIFIC REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO DELETE WAGE INCREASES FROM THE REQUIREMENTS AND TO LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT AN EMPLOYEE MAY RECOVER IN A CIVIL ACTION THE FULL AMOUNT OF UNPAID WAGES AND THE COURT MAY AWARD AN AMOUNT EQUAL TO TWICE THE UNPAID WAGES IF THE UNPAID WAGES ARE LESS THAN FIVE THOUSAND DOLLARS, TO DELETE THE COURT'S AUTHORITY TO AWARD THREE TIMES THE AMOUNT OF UNPAID WAGES, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN TWO YEARS AFTER THE WAGES BECAME DUE, TO MAKE A CLAIMANT EMPLOYEE LIABLE FOR HIS EMPLOYER'S REASONABLE ATTORNEYS' FEES IF THE COURT DETERMINES THE ACTION ILL-FOUNDED OR BROUGHT FOR PURPOSES OF HARASSMENT, TO REQUIRE THE COMMISSIONER OF LABOR'S REVIEW OF CIVIL PENALTIES TO CONFORM TO THE ADMINISTRATIVE PROCEDURES ACT, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.

Referred to Committee on Labor, Commerce and Industry.

H. 3981 -- Reps. J. Rogers and Hodges: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR EXAMINATION OF PHYSICIANS, SO AS TO SET STANDARDS FOR FLEX AND SPEX EXAMINATIONS.

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

H. 3982 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-15-95 SO AS TO REQUIRE THE POINT OF ORIGIN OF FRUITS AND VEGETABLES SOLD IN THIS STATE TO BE DESIGNATED.

Referred to Committee on Agriculture and Natural Resources.

H. 3983 -- Reps. Harvin, McLeod, Snow and Felder: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF CERTAIN FISH INCLUDING GRASS CARP, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE GRASS CARP WHICH HAVE BEEN STOCKED AS PERMITTED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.

Referred to Committee on Agriculture and Natural Resources.

S. 573 -- Senators Nell W. Smith, J. Verne Smith, Leatherman, Matthews, Peeler, Lourie, Hinson, Giese, Bryan, Thomas, Rose, Lee, Waddell, McGill, Mullinax, Gilbert, Hinds, Passailaigue, Stilwell, Setzler and Horace C. Smith: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONSTRUCT ADDITIONAL MEDICAID CERTIFIED NURSING HOME BEDS AND PROVIDE ADEQUATE FUNDS TO PAY FOR THE CARE GIVEN TO THE ADDITIONAL MEDICAID PATIENTS WHEN THESE NEW BEDS ARE CONSTRUCTED AND CERTIFIED, AUTHORIZE THE DEPARTMENT TO CONTRACT WITH NURSING HOMES IN GEORGIA AND NORTH CAROLINA TO PROVIDE CARE FOR MEDICAID PATIENTS FROM THIS STATE DURING THE FIRST FISCAL YEAR BEFORE THE AUTHORIZED ADDITIONAL BEDS ARE CONSTRUCTED, PROVIDE FOR THE ADMISSION PROCEDURES FOR PATIENTS, AND REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND THE HOSPITAL "SWING BED" PROGRAM TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW.

On motion of Rep. BAKER, with unanimous Consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 699 -- Senators Waddell, Passailaigue, McConnell and Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

Referred to Committee on Ways and Means.

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               Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Carnell                Chamblee
Clyborne               Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Felder                 Glover                 Hallman
Harris, J.             Harris, P.             Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J. W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Limehouse              Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Sharpe                 Sheheen
Simpson                Smith                  Snow
Stoddard               Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Winstead
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 27, 1989.

Irene K. Rudnick                  C. Lenoir Sturkie
Paul M. Burch                     Richard M. Quinn, Jr.
William D. Boan                   Jack Gregory
B.J. Gordon                       Paul Short
Samuel R. Foster                  Joyce C. Hearn
Steve Lanford                     Larry Gentry
Joseph McElveen                   Mickey Burriss
Derham Cole                       T.M. Burriss
Larry Koon                        Robert A. Kohn
Alex Harvin, III
Total Present-120

LEAVE OF ABSENCE

The SPEAKER granted Rep. FERGUSON a leave of absence to attend a NCSL meeting in Washington.

DOCTOR OF THE DAY

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

SPEAKER PRO TEMPORE IN CHAIR
SPECIAL PRESENTATION

Rep. BAXLEY and the Spartanburg Delegation presented Millie Williams, student from the S.C. School for Deaf and Blind, who is a Gold Metal Winner of World Games for the Deaf, and her coach, Mr. William Ramborger.

SPEAKER IN CHAIR
R. 96, H. 3779-GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 26, 1989
Dear Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3779, R-96, an Act:
TO AMEND ACT 865 OF 1973, RELATING TO THE BUFFALO WATER AND SEWER DISTRICT, SO AS TO CHANGE THE METHOD OF ELECTING MEMBERS AND TO PROVIDE FOR THE ISSUING OF CERTIFICATES.

This veto is based upon an opinion of the Attorney General's Office which states in concluding:

"From the description of the service area of the Buffalo Water and Sewer District, it appears that the service area is wholly within Union County. Thus, H. 3779, R-96, is clearly an Act for a specific county. Accordingly, Article VIII, Section 7 of the Constitution of the State of South Carolina would prohibit such enactment."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

THE STATE OF SOUTH CAROLINA
OFFICE OF THE ATTORNEY GENERAL

April 26, 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 April 20, 1989, you have asked for the opinion of this Office as to the constitutionality H. 3779, R-96, an Act to amend Act 865 of 1973 relating to the Buffalo Water and sewer District, so as to change the method of electing members and to provide for the issuing of certificates. For the reasons following, it is the opinion of this Office that the Act 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.

Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted ..." The South Carolina Supreme Court has consistently struck down acts which relate to a specific county 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.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

The Act under consideration seeks to amend Section 3 of Act 865 of 1973 concerning the composition of the Buffalo Water and Sewer District Board and the filling of vacancies on that board. Section 2 amends Act 865 of 1973 with regard to who may be voting certificate holders and voting procedures at meetings of voting certificate holders. Section 3 of the proposed Act deals with the procedures regarding the first election after the effective date of the Act. From the description of the service area of the Buffalo Water and Sewer District, it appears that the service area is wholly within Union County. Thus, H. 3779, R-96 is clearly an Act for a specific county. Accordingly, Article VIII, Section 7 of the Constitution of the State of south Carolina would prohibit such enactment.

Consistent with the foregoing, we would advise that H. 3779, R-96 would be of doubtful constitutionality. Of course, this office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Charles H. Richardson
Assistant Attorney General

REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions

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 2; Nays 0

Those who voted in the affirmative are:

Farr                   Phillips

Total-2

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.

ORDERED ENROLLED FOR RATIFICATION

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

S. 657 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO PROVIDE THAT THE JURY AREAS IN AIKEN COUNTY CONFORM TO CERTAIN PRECINCT LINES.

S. 328 -- Senator Lourie: A JOINT RESOLUTION TO RATIFY THE TWENTY-FIFTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO PRESIDENTIAL SUCCESSION AND INABILITY TO PERFORM THE DUTIES OF THE OFFICE.

SENT TO THE SENATE

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

H. 3091 -- Reps. Washington, Whipper, D. Martin, Holt, J. Bailey and Barber: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE GOVERNING BODY OF THE SCHOOL DISTRICT FROM NINE TO ELEVEN MEMBERS AND TO PROVIDE FOR THEIR ELECTION FROM SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED RATHER THAN FROM PREVIOUS ENUMERATED DISTRICTS.

H. 3224 -- Reps. J. Brown, Washington, Felder, J. Bailey, White, D. Martin, Harvin, Glover, K. Bailey, Taylor, McBride, Davenport, Altman, Mattos, Gordon, Fant and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.

H. 3704 -- Reps. Wilkins, Keesley, J. Rogers, McLellan, Huff, R. Brown, Moss, Bennett, Beasley, Gentry, Hayes, Clyborne, Hodges, Tucker, Wilder, Hendricks, Corning, Barber, Haskins, Rudnick, T.M. Burriss, Rama, Harvin, Jaskwhich, Davenport, Corbett, Vaughn, Hearn, Keegan, Wells, H. Brown, Wofford, Four, J.W. Johnson, Littlejohn, P. Harris, M.O. Alexander, T. Rogers, Winstead, Mappus, Kay, Manly, Kohn, McAbee, Fant and L. Martin: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES INCLUDING THE AUTHORITY TO PROMULGATE ADVISORY SENTENCING GUIDELINES FOR THE CIRCUIT COURTS OF THIS STATE.

H. 3658 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM'S COMPENSATION FUND, SO AS TO REQUIRE THE DEPUTY DIRECTOR OF THE FUND TO ISSUE A WRITTEN DECISION REGARDING A CLAIM AND FURNISH THE CLAIMANT WITH A COPY; TO AMEND SECTION 16-3-1210, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE FUND, SO AS TO ALLOW RESIDENTS OF THIS STATE TO FILE FOR BENEFITS IF INJURED BY A CRIME COMMITTED OUT OF STATE AND TO REDUCE THE AWARD BY AMOUNTS PAID BY THE OTHER STATE; TO AMEND SECTION 16-3-1220, RELATING TO PERSONS INELIGIBLE FOR AWARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS; TO AMEND SECTION 16-3-1230, RELATING TO CLAIMS FILED ON BEHALF OF MINORS OR INCOMPETENTS AND THE TIME LIMITATIONS FOR FILING CLAIMS, SO AS TO REVISE AND FURTHER PROVIDE FOR THESE TIME LIMITATIONS AND TO CHANGE THE NAME OF THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND TO THE STATE OFFICE OF VICTIM ASSISTANCE AND TO CHANGE THE NAME OF THE SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD TO THE SOUTH CAROLINA ADVISORY BOARD FOR VICTIM ASSISTANCE EFFECTIVE JULY 1, 1989.

H. 3452 -- Reps. Harvin, T. Rogers, McBride, Snow, Mappus, Rama, Hallman, Wilkes, Corning, Kohn, White, Keegan, McKay, Haskins, Farr, Phillips, Barfield and Neilson: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.

H. 3728 -- Reps. Hearn, Hallman, Mappus, T. Rogers, Barber, Sturkie, M.D. Burriss, Klapman, Holt, Waites, T.M. Burriss, Nesbitt, Washington, J. Bailey, Whipper, Corning, Keyserling, Haskins, Wells, Wright and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.

H. 3693--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. J. ROGERS having the floor.

H. 3693 -- Rep. J. Rogers: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOTLEG RECORDS AND TAPES, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL PIRATING, BOOTLEGGING, AND COUNTERFEITING OF RECORDS, TAPES, AND RECORDINGS, AND TO REVISE THE PENALTIES FOR VIOLATIONS.

AMENDMENT NO. 1-ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 26, by the Committee on Labor, Commerce and Industry.

Rep. J. ROGERS continued speaking.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

H. 3217 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO GIVE NOTICE OF THE CANCELLATION OR SUSPENSION OF A VEHICLES' REGISTRATION TO THE OWNER BY FIRST CLASS MAIL INSTEAD OF CERTIFIED MAIL.

H. 3762 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO PROVIDE THAT THE REQUIRED REPORT BE MADE BY THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE SELF-INSURER'S FISCAL YEAR, PROVIDE AUTHORITY TO THE WORKERS' COMPENSATION COMMISSION TO ASSESS A PENALTY AGAINST A SELF-INSURER WHO FAILS TO PAY THE TAX BY THE REQUIRED DATE, AND PROVIDE FOR THE WITHDRAWAL OF THE PRIVILEGE OF SELF-INSURING IN SOUTH CAROLINA UNDER CERTAIN CONDITIONS.

Rep. HEARN explained the Bill.

S. 69 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE SUSPENDED OR RESTRICTED AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE AND TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.

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

H. 3684 -- Reps. J. Harris and Burch: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO CHANGE THE SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONE 6 FROM SEPTEMBER FIFTEENTH TO THANKSGIVING DAY TO MARCH SECOND TO THANKSGIVING DAY.

H. 3217-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 3217 be read the third time tomorrow.

H. 3762-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3762 be read the third time tomorrow.

S. 69-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 69 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. RHOAD asked unanimous consent that H. 3684 be read a third time tomorrow.

Rep. SIMPSON objected.

S. 61--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 61 -- Senator Stilwell: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO THE OWNER OF RECORD AT THE BEST ADDRESS AVAILABLE WHICH IS EITHER THE ADDRESS SHOWN ON THE DEED CONVEYING THE PROPERTY TO HIM OR THE PROPERTY ADDRESS.

AMENDMENT NO. l--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 25, by Rep. KIRSH.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH explained the Bill.

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

S. 61-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 61 be read the third time tomorrow.

S. 68--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 68 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE CONTRACTORS' LICENSING BOARD OF SOUTH CAROLINA FOES SIX YEARS; TO AMEND SECTION 40-11-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REGULATION OF CONTRACTORS BY THEIR LICENSING BOARD, SO AS TO EXEMPT LICENSED FIRE SPRINKLER, BURGLAR ALARM, AND WELL DRILLING CONTRACTORS; AND TO REPEAL SECTION 40-11-200 RELATING TO AN ANNUAL BIDDER'S LICENSE FEE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6776k), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

SECTION 3. Section 40-11-260 of the 1976 Code is amended to read:

"The Board may reissue a license to any person whose license has been revoked if three four or more members of the Board vote in favor of such reissuance for reasons the Board may deem sufficient."

Amend title to conform.

Rep. G. BAILEY explained the amendment.

The amendment was then adopted.

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

S. 68-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 68 be read the third time tomorrow.

H. 3702--OBJECTIONS, AMENDED AND ORDERED
TO THIRD READING

The following Bill was taken up.

H. 3702 -- Rep. Fetter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6768k), which was adopted.

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

SECTION 1. The 1976 Code is amended by adding:

Section 42-1-375. This Title does not apply to licensed real estate sales persons engaged in the sale, leasing or rental of real estate for a licensed real estate broker on a straight commission basis.

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

Amend title to conform.

Rep. FELDER explained the amendment.

Rep. RUDNICK moved to adjourn debate upon the amendment.

Rep. FELDER moved to table the motion, which was agreed to.

Reps. RUDNICK and SIMPSON objected to the Bill.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. FELDER asked unanimous consent that H. 3702 be read a third time tomorrow.

Rep. RUDNICK objected.

H. 3625-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3625 -- Rep. J. Rogers: A BILL TO AMEND SECTION 11-35-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REQUIREMENT UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE THAT CERTAIN COMPETITIVE PROCUREMENTS MADE BY A GOVERNING BODY MUST BE MADE FROM A RESPONSIVE AND RESPONSIBLE RESIDENT VENDOR, SO AS TO REVISE THE REQUIREMENTS FOR A VENDOR TO BE CONSIDERED A RESIDENT VENDOR.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3763U), which was adopted.

Amend the bill, as and if amended, in subsection (e) of Section 11-35-1520 of the 1976 Code, as contained in Section 1, by striking the second sentence of subsection (e) and inserting:

/A vendor is considered to be a resident of this State if the vendor is an individual, partnership, association, or corporation that is authorized to transact business within the State, maintains an office in the State, has paid all assessed taxes, and either maintains a representative inventory of commodities on which the bid is submitted; or has a payroll subject to South Carolina income tax withholding requirements of not less than five million dollars and has paid all assessed taxes./

When amended, subsection (e) of Section 11-35-1520 of the 1976 Code shall read:

/(e) Competitive procurements made by any governmental body must be made from a responsive and responsible vendor resident in South Carolina:

(i) for procurements under two million, five hundred thousand dollars, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than two percent of the latter bid, and if the resident vendor has made written claim for the preference at the time the bid was submitted; (ii) for procurements in excess of two million, five hundred thousand dollars, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than one percent of the latter bid, and if the resident vendor has made written claim for the preference at the time the bid was submitted. A vendor is considered to be a resident of this State if the vendor is an individual, partnership, association, or corporation that is authorized to transact business within the state, maintains an office in the State, has paid all assessed taxes, and either maintains a representative inventory of commodities on which the bid is submitted; or has a payroll subject to South Carolina income tax withholding requirements of not less than five million dollars and has paid all assessed taxes. Preferences under this subsection do not apply to either prime contractors or subcontractors as relates to the construction industry nor to a vendor of goods whether in quantity or not when the price of a single unit of the item involved is more than ten thousand dollars./

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. 3625-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3625 be read the third time tomorrow.

H. 3244--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3244 -- Reps. Koon, Sturkie and Klapman: A BILL TO PROVIDE THAT PUBLIC AGENCIES IN NEGOTIATING CONTRACTS FOR ARCHITECTS' SERVICES, SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SHALL CONSIDER COST OF SERVICES AS ONE OF THE CONSIDERATIONS IN SELECTING AN ARCHITECTURAL FIRM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3816U), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting

/SECTION 1. Chapter 3, Title 40 of the 1976 Code is amended by adding:

"Section 40-3-165. Notwithstanding the provision a of subarticle 5, Article 9, Chapter 35 of Title 11, or Chapter 3 of Title 40 and regulations promulgated under any of these provisions, architects shall not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. However, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 3244-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that H. 3244 be read the third time tomorrow.

H. 3889-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3889--Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTION 46-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN COMMODITIES MARKETING LEGISLATION, SO AS TO INCLUDE "COTTON" IN THE DEFINITION OF "AGRICULTURAL COMMODITY".

The Committee on Agriculture and Natural sources proposed the following Amendment No. 1 (Doc. No. 3663U), which was adopted.

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

/SECTION 1. Section 46-17-40(e) of the 1976 Code is amended to read:

"(e) 'Agricultural commodity' means any a distinctive type of agricultural, horticultural, viticultural, floricultural, aquacultural, vegetable, or animal product, either in its natural or processed state, except tobacco; cotton, corn, wheat, and oats. The commission may determine on the basis of common usage and practice what kinds, types, subtypes, or classes should may be included together as an agricultural commodity for the purpose of this chapter."

SECTION 2. Section 46-17-350 of the 1976 Code is amended by adding at the end:

"No refunds may be paid for the cotton commodity."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

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

H. 3889-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3889 be read the third time tomorrow.

S. 304-OBJECTIONS AND INTERRUPTED DEBATE

The following Bill was taken up.

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

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0086R), which was adopted.

Amend the bill, as and if amended, by striking subsection (1) of Section 46-35-15 as contained in SECTION 2 and inserting:

/(1) 'Orchard' means an area that has 6 or more fruit trees, wild or cultivated, regardless of its purpose. Only those areas that have actual abandoned or neglected trees, is defined below, within one-half (1/2) mile of an active tree of this fruit growing industry will be considered an orchard under this act./

Amend title to conform.

Rep. BRUCE explained the amendment.

Reps. BLACKWELL and KLAPMAN objected to the Bill.

Rep. BRUCE continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. BRUCE having the floor.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 3984 -- Rep. Glover: A HOUSE RESOLUTION TO DESIGNATE THURSDAY, MAY 4, 1989, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR, AWARD AND THEIR CLUB DIRECTORS TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE ON THURSDAY, MAY 4, 1989, AT A TIME CONVENIENT TO HOUSE MEMBERS AND CLUB DIRECTORS, SO THAT THE HOUSE MEMBERS MAY RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' CLUB YOUTH OF THE YEAR AWARD.

Whereas, the members of the House of Representatives designate Thursday, May 4, 1989, as "Boys' Club Day" in South Carolina; and

Whereas, the South Carolina Area Council of the South Carolina Boys' Club annually selects the South Carolina Boys' Club Youth of the Year: and

Whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' Club; and

Whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club: and

Whereas, the applicants are also required to write an essay on the subject "What the Boys' Club Means to Me" and, in addition, he must have overcome a major obstacle in his life; and

Whereas, the South Carolina Youth of the Year will compete with youth from other states for the national award which will be presented by President George Bush; and

Whereas, the following youths have been selected as finalists for this year's award: LaShaun Eutsey, Jerry Phillips, Crystal Moore, Clifford Johnson, Michael Seabrook, Carl Gaines, Brooks Harper, and Debra Gamble; and

Whereas, these youths who are competing for this prestigious award are to be commended and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service leads to self-esteem, satisfaction, and accomplishment. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina designate Thursday, May 4, 1989, as "Boys' Club Day" in South Carolina.

Be it further resolved that all contestants for the Youth of the Year award and their club directors are invited to attend a meeting of the House of Representatives in the Hall of the House on Thursday, May 4, 1989, at a time convenient to House members and Club Directors, so that the House members may recognize and commend the contestants, their club directors, and the recipient of the South Carolina Boys' Club Youth of the Year award.

The Resolution was adopted.

INTRODUCTION OF BILL

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

H. 3985 -- Rep. G. Brown: A BILL TO AMEND ACT 149 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA.

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

S. 304-AMENDED, OBJECTION WITHDRAWN,
AND DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. BRUCE having the floor.

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

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0086R), which was adopted.

Amend the bill, as and if amended, by striking subsection (1) of Section 46-35-15 as contained in SECTION and inserting:

/(1) 'Orchard' means an area that has 6 or more fruit trees, wild or cultivated, for commercial purposes. Only those areas that have actual abandoned or neglected trees, as defined below, within one half (1/2) mile of an active tree of the fruit growing industry will be considered an orchard under this act./

Amend title to conform.

Rep. BRUCE, with unanimous consent, amended the amendment at the desk.

The amendment was then adopted.

Rep. BLACKWELL withdrew his objection to the Bill.

Rep. BRUCE explained the Bill and moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted.

LEAVE OF ABSENCE

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

H. 3887-OBJECTIONS AND DEBATE ADJOURNED

The following Bill was taken up.

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

Rep. SNOW explained the amendment.

Reps. WINSTEAD and TAYLOR objected to the Bill.

Rep. SNOW moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted.

S. 62-DEBATE ADJOURNED

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

S. 62 -- Senators Long, Land, Gilbert, Hinson and Rose: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO REQUIRE MEDIATION BETWEEN FARM DEBTORS AND CREDITORS, TO IMPLEMENT RESTRUCTURING OF DEBT PAYMENTS TO AVOID FORECLOSURES, AND TO ENABLE FARMERS TO CONTINUE OPERATING OR TO REACH OTHER MUTUALLY BENEFICIAL AGREEMENTS.

H. 3712-AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3712 -- Reps. Rhoad, Sheheen, Cork, Carnell, Felder, Whipper, T. Rogers, Smith, M.D. Burriss, Rama, Simpson, Farr, White, Stoddard, Fant, Mattos, Holt, G. Bailey, Manly, Fair, Blackwell, Corbett, Elliott, McKay, McLeod, McCain, K. Bailey, Hendricks, Wilder, McElveen, Foster, Washington, Mappus, Phillips, Littlejohn, Bennett, J.C. Johnson, J. Bailey, Baker, Snow, Bruce, Waldrop, D. Williams, Ferguson, Davenport, McLellan, J. Harris, Baxley, Quinn, Clyborne, Hearn, Jaskwhich, Keegan, Tucker, Barfield, Boan, Cole, Wells, L. Martin, Lanford, Altman, Lockemy, Waites and D. Martin: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR THE STATEWIDE OPEN SEASON FROM SEPTEMBER FIRST TO JANUARY FIRST.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0085R), which was adopted.

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

/SECTION 1. Section 60-11-310 of the 1976 Code is amended to read:

"Section 60-11-310. The open season for taking antlered deer is:

(1) As set by the Commission between the dates of October first and January first in game zones 1, 2, and 4. The Commission may designate the sex of the deer that may be taken and may promulgate regulations of the deer harvest in these game zones.

(2) From September first through January first in all other game zones.

It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."

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

Amend title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

Reps. R. BROWN and McEACHIN proposed the following Amendment No. 3, which was adopted.

Amend the bill, as and if amended, by adding on line 8 after "Zones", "except game zone 10".

Amend the bill further by adding a new section appropriately numbered, ( ) As set by the Commission between dates of September 1 and January 1 provided between September 1 and September 14 archery only in game zone 10.

Rep. R. BROWN explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN proposed the following Amendment No. 4 (Doc. No. 4047U), which was adopted.

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

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

"Section 60-11-761. In Game Zone 5 in the West Wateree area of Kershaw County the hunting of all game from public roads is prohibited. The hunting of all game from rights-of-way owned by railroads is prohibited whenever the railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. "Hunting" as used in this section includes the hunting of deer by occupying stands. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days."/

Renumber sections to conform.

Amend title to conform.

Reps. KOON, BARFIELD and BURCH objected to the Bill.

LEAVES OF ABSENCE

The SPEAKER granted Reps. SIMPSON and HENDRICKS a leave of absence for the remainder of the day.

H. 3453-AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0083R), which was adopted.

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

/SECTION 1. Section 47-5-100 of the 1976 Code, as amended by act 547 of 1988, is further amended to read:

"Section 47-5-100. The county health department shall serve notice upon the owner of a dog or cat which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a county pound or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of confinement, to determine if the animal shows symptoms of rabies. No person may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department shall provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian locate within the county will remove the head. In the case of pet other than a dog or cat which has attacked or bitten person, the county health department may serve no tic upon the owner of the pet that he shall have the animal euthanized immediately and the brain submitted for rabies examination. The South Carolina Department of Health and Environmental Control shall remove the head of a dead animal delivered to it which is suspected of having rabies and perform a rabies examination."/

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

Amend title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No. 2, which was adopted.

Amend the bill, as and if amended, by amending Section 47-5-60. To add "No graduate veterinarian may require a physical examination or any other service as a precondition to providing an inoculation against rabies as required by this section," after the last sentence in the section.

Renumber sections to conform.

Amend title to conform.

Rep. CORNING explained the amendment.

Reps. WALDROP, MANLY and SHARPE objected to the Bill.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

S. 613 - Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO SPECIES OR SUBSPECIES OF NONGAME WILDLIFE, DESIGNATED AS REGULATION DOCUMENT NUMBER 988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 613-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that S. 613 be read the third time tomorrow.

H. 3195-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3195 -- Reps. Hearn, J.W. Johnson, Lockemy, Harwell, McBride, Bruce, Waites, T.M. Burriss, Quinn, Wright, Neilson, Harvin, Moss, Wofford, McGinnis, Corbett, Keegan, Lanford, Cork, Snow, Rama, McCain, Derrick, Klapman, Wells, Barfield, M.D. Burriss, Sharp, Kirsh and Corning: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON WORKERS' COMPENSATION INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-1990, AND TO PROVIDE FOR THE DESIGNATED USE OF THE TAX BY THE WORKERS' COMPENSATION COMMISSION BEGINNING IN FISCAL YEAR 1989-1990 AND FOR THE REMITTANCE OF THE BALANCE OF THE TAX TO THE GENERAL FUND.

The Committee on Ways and Means proposed the following Amendment No. 1 (Doc. No. 3807U), which was adopted.

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

/SECTION 1. Section 38-7-60 of the 1976 Code is amended to read:

"Section 38-7-50. Every insurer insuring employers in this State against liability for personal injuries to their employees or death caused thereby by the injuries, under the provisions of Title 42, shall pay a tax upon the premiums received whether in cash or notes in this State, or on account of business done in this State, for such insurance in this State at the rate of four and one-half percent of the amount of such the premiums. For fiscal year 1990-91, the tax is at the rate of three and one half percent of the amount of the premiums. For fiscal year 1991-92 and thereafter, the tax is at the rate of two and one-half percent of the amount of the premiums. This tax is in lieu of all other taxes on these premiums and must be assessed and collected as provided in this chapter However, the insurers must be credited with all cancelled or returned premiums actually refunded during the year on workers' compensation insurance including any unused premiums refunded or credited to policyholders as dividends.

If an insurer fails or refuses to make the return required by Section 38-7-60, the commissioner shall assess the tax against the insurer at the rate provided for in this chapter on the amount of premiums he considers just and the proceedings thereon must be the same as if the return had been made."

SECTION 2. Section 42-5-190 of the 1976 Code is amended to read:

"Section 42-5-190. Every employer carrying his own risk under the provisions of Section 42-6-20 shall under oath report under oath to the South Carolina Industrial Workers' Compensation Commission his actual cost incurred under the provisions of this title. Such The report shall must be made in the form prescribed by the Industrial Commission commission and at the time provided in this chapter by law for premium reports by insurance carriers. The Industrial Commission commission shall assess against such the actual cost incurred a maintenance tax computed by taking four and one-half percent of the actual cost of operating under the provisions of this title as determined by the Industrial Commission commission. For fiscal year 1990-91, the maintenance tax is at the rate of three and one-half percent. For fiscal year 1991-92 and thereafter, the maintenance tax is at the rate of two and one-half percent. Such The assessments shall must be paid to the Industrial Commission commission, which, in turn, shall deposit then with the State Treasurer."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. HEARN explained the amendment.

The amendment was then adopted.

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

H. 3195-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3196 be read the third time tomorrow.

H. 3702-RECONSIDERED AND ORDERED
TO A THIRD READING

Rep. FELDER moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.

H. 3702 -- Rep. Fetter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-67-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.

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

H. 3702-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 3702 be read the third time tomorrow.

H. 3739--SENT TO THE SENATE

The following Bill was taken up.

H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.

The question then recurred to the passage of the Bill on third reading.

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

Yeas 73; Nays 29

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Bennett                Blanding               Boan
Brown, J.              Brown, R.              Burch
Carnell                Clyborne               Cole
Corbett                Cork                   Elliott
Faber                  Felder                 Foster
Gentry                 Gordon                 Gregory
Hallman                Harris, J.             Haskins
Hayes                  Hodges                 Huff
Jaskwhich              Johnson, J.W.          Keegan
Keesley                Keyserling             Klapman
Littlejohn             Lockemy                Manly
Mappus                 Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McLellan
McLeod                 McTeer                 Nesbitt
Nettles                Rama                   Rhoad
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Short                  Smith
Snow                   Townsend               Tucker
Waites                 Waldrop                Wilder
Wilkes                 Wilkins                Winstead
Wright

Total-73

Those who voted in the negative are:

Baxley                 Beasley                Blackwell
Bruce                  Burriss, M.D.          Chamblee
Cooper                 Corning                Davenport
Derrick                Fair                   Fant
Hearn                  Johnson, J.C.          Kirsh
Koon                   Lanford                Martin, D.
Moss                   Neilson                Quinn
Rudnick                Sturkie                Taylor
Vaughn                 Washington             Wells
Whipper                Wofford

Total-29

So, the Bill, was read the third time, and ordered sent to the Senate.

RECORD FOR VOTING

If I had been present during the voting I would have voted against the Bill.
Rep. H. BROWN

H. 3693-RECONSIDERED AND ORDERED
TO THIRD READING

Rep. J. ROGERS moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.

H. 3693 -- Rep. J. Rogers: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOTLEG RECORDS AND TAPES, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL PIRATING, BOOTLEGGING, AND COUNTERFEITING OF RECORDS, TAPES, AND RECORDINGS, AND TO REVISE THE PENALTIES FOR VIOLATIONS.

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

H. 3693-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that H. 3693 be read the third time tomorrow.

Rep. CARNELL moved that the House recur to the morning hour.

Rep. STURKIE moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 62 to 29.

MOTION NOTED

Rep. SHEHEEN moved to reconsider the vote whereby Amendment No. 4 on H. 3712 was adopted and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3320 - Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS ON FRIDAY, APRIL 28, 1989, AND SATURDAY, APRIL 29, 1989, To CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

H. 3970 -- Reps. Baxley, Cole, Davenport, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION COMMENDING MR. WILLIAM RAMBORGER, TRACK COACH AT THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND IN SPARTANBURG, FOR HIS DEDICATION AND OUTSTANDING ACCOMPLISHMENTS OVER THE YEARS.

H. 3971 -- Reps. Baxley, Cole, Davenport, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION CONGRATULATING MILLIE WILLIAMS, A JUNIOR AT THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND IN SPARTANBURG, UPON WINNING A GOLD MEDAL AT THE WORLD GAMES FOR THE DEAF AT CHRIST CHURCH, NEW ZEALAND.

H. 3979 -- Rep. Nettles: A CONCURRENT RESOLUTION COMMENDING MRS. LYNDA P. HAWKINS OF LAKE CITY HIGH SCHOOL IN FLORENCE COUNTY FOR RECEIVING THE "SECONDARY TEACHER OF THE YEAR AWARD" FOR 1989.

ADJOURNMENT

At 11:35 A.M. the House in accordance with the motion of Rep. Sturkie adjourned to meet at 10:00 A.M. tomorrow.


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