South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

TUESDAY, APRIL 19, 1988

Tuesday, April 19, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God our Father, the Source of our beings, the Goal of our desires, and the Guide of our footsteps, we turn from the clash and clamor of the world around and the pressing duties within this place in acknowledgment of Your sovereignty and to seek Your guidance. Grant us light that penetrates all that is dark or veils for us the pathway to truth and righteousness. When we cannot see the distant scene, help us to take one step at a time in full trust in Your providence to lead us to distant goals. Sharpen our intellects, give us articulate speech and sound judgment. Go with us now to our waiting tasks.

And to You, good Lord, shall be our praise and thanksgiving.

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 Friday, the SPEAKER ordered it confirmed.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 14, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 856)

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on April 14, 1988 regulations concerning Neonatal Screening for Inborn Metabolic Errors and Hemoglobinopathies from the S.C. Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 18, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 944)

House of Representatives

Dear Mrs. Shealy:

The Board of Education is hereby withdrawing the regulation concerning the Approval of Teacher Education Programs Offered by Colleges and Universities in South Carolina, effective this date.

This regulation has been referred to the Education and Public Works Committee.

Sincerely,
Robert J. Sheheen

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 19, 1988

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. McABEE the invitation was accepted.

H. 3925--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 14, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3925:
H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.
and asks for a Committee of Conference and has appointed Senators Waddell, Thomas E. Smith, Jr., and McConnell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 55

Whereupon, the Chair appointed Reps. McLELLAN, KIRSH and KLAPMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 14, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1157:
S. 1157 -- Senator McGill: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1986, 1987, AND 1988 UNTIL JULY 1, 1988.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 14, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3297:
H. 3297 -- Rep. J. Rogers: A BILL TO AMEND SECTION 58-27- 1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OF ELECTRIC UTILITIES WITH THE APPROVAL OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ELECTRIC UTILITIES MAY DISPOSE OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OWNED BY THEM OUTSIDE THIS STATE OR PROPERTY WHICH HAS AN INITIAL COST OF ONE MILLION DOLLARS OR LESS WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

H. 2981--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

Rep. McLELLAN moved to waive Rule 9.1 on the Senate Amendments to the following Bill.

H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: A BILL TO ESTABLISH THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1987 FOR THE PROTECTION OF THE GROUND WATERS OF THE STATE AND TO LEVY AN EXCISE TAX ON MOTOR FUELS TO PROVIDE FUNDING FOR CERTAIN CLEAN-UP FUNCTIONS.

The yeas and nays were taken resulting as follows:

Yeas 67; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Boan                   Brown, G.
Brown, H.              Brown, J.              Burriss, M.D.
Chamblee               Clyborne               Cork
Dangerfield            Day                    Derrick
Faber                  Felder                 Ferguson
Gilbert                Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Hendricks              Huff
Humphries              Kay                    Kirsh
Mappus                 Martin, D.             Mattos
McBride                McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Neilson                Pearce
Petty                  Phillips, L.           Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Sharpe                 Sheheen                Shelton
Simpson                Sturkie                Taylor
Thrailkill             Tucker                 Washington
Whipper                Wilder                 Williams
Winstead

Total--67

Those who voted in the negative are:

Total--0

So, Rule 9.1 was waived.

The Senate Amendments were then agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORT OF STANDING COMMITTEE

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

H. 3825 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1422 -- Senator Moore: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF FRANK M. THOMAS OF AIKEN COUNTY WHO DIED SATURDAY, APRIL 9, 1988.

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. 1423 -- Senator Moore: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HORACE THOMAS "TOMMY" HOLMES, JR., OF EDGEFIELD COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4193 -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME A CERTAIN PORTION OF STATE ROAD 143 IN ANDERSON COUNTY AS THE "CAN COOPER ROAD".

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

INTRODUCTION OF BILLS

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

H. 4194 -- Rep. Harvin: A BILL TO AUTHORIZE THE LABOR, COMMERCE, AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO APPOINT MEMBERS TO THE BOARDS AND COMMISSIONS OVER WHICH IT HAS JURISDICTION.

Referred to Committee on Rules.

S. 917 -- Senator McLeod: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR BOARD MEMBERS TO SERVE FOR FULL FOUR-YEAR TERMS EVEN IF THEIR ELECTION IS DELAYED.

Referred to Committee on Education and Public Works.

S. 1336 -- Judiciary Committee: A BILL TO AMEND SECTION 2-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION AND PUBLISHING OF THE ANNUAL CUMULATIVE SUPPLEMENTS TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE AN ANNOTATION BE INCLUDED IN THE SUPPLEMENT TO ANY GENERAL PERMANENT STATUTORY LAW WHICH IS IMPLIEDLY REPEALED.

Referred to Committee on Judiciary.

S. 1344 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-7-603 SO AS TO CODIFY THE COMMON LAW RULE PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN FIDUCIARY DECISIONS TO BENEFIT THEMSELVES, BY PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN DECISIONS TO EXERCISE GENERAL POWERS OF APPOINTMENT IN FAVOR OF THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, BY REQUIRING THAT ALLOCATIONS BETWEEN INCOME AND PRINCIPAL OF RECEIPTS AND EXPENSES IN THEIR FAVOR BE MADE IN ACCORDANCE WITH THE REVISED UNIFORM PRINCIPAL AND INCOME ACT, AND BY PROVIDING THAT MERGER OF THE LEGAL AND EQUITABLE TITLES OF THE TRUST PROPERTY MAY NOT OCCUR UNLESS THE SOLE FIDUCIARY AND THE SOLE BENEFICIARY ARE IDENTICAL, AND TO REPEAL SECTION 21-11-5 RELATING TO CERTAIN POWERS OF FIDUCIARIES.

Referred to Committee on Judiciary.

S. 1417 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO EXEMPT THE TRANSCRIPT OF TESTIMONY GIVEN DURING THE 1988 SCREENING OF CANDIDATES FOR CIRCUIT JUDGESHIP OF THE NINTH JUDICIAL CIRCUIT FROM THE PROVISION OF SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE CLERK OF EACH HOUSE RETAIN CERTIFIED COPIES OF THE TRANSCRIPT, AND TO PROVIDE THAT A VERBATIM COPY OF THE TESTIMONY BE GIVEN TO EACH MEMBER OF THE GENERAL ASSEMBLY.

On motion of Rep. J. ROGERS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1418 -- Senators Lourie, Courson, Patterson and Giese: A BILL TO AMEND ACT 69 OF 1963, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SIX TO SEVEN, TO CHANGE THE PROVISIONS FOR RECOMMENDING PERSONS FOR APPOINTMENT AND THE LENGTH OF THE TERMS OF MEMBERS, TO LIMIT THE NUMBER OF CONSECUTIVE TERMS WHICH A MEMBER MAY SERVE TO TWO, AND TO REQUIRE COPIES OF THE ANNUAL AUDIT TO BE FILED WITH THE RICHLAND COUNTY COUNCIL, THE COLUMBIA CITY COUNCIL, AND THE RICHLAND COUNTY CLERK OF COURT.

Referred to Richland Delegation.

S. 1417--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that S. 1417 be read the second and third times the next two successive legislative days.

CONCURRENT RESOLUTION

The following was introduced:

H. 4195 -- Rep. Mattos: A CONCURRENT RESOLUTION SALUTING BEREA HIGH SCHOOL OF GREENVILLE COUNTY FOR ITS LONG AND DISTINGUISHED HISTORY OF EDUCATING THE CITIZENS OF ITS AREA AND COMMENDING THE SCHOOL FOR OUTSTANDING ACHIEVEMENTS IN EDUCATION.

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

CONCURRENT RESOLUTION

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

H. 4196 -- Reps. Arthur, Gentry, McEachin and J. Rogers: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, APRIL 27, 1988, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN FAMILY COURT JUDGES AND TO FILL THE UNEXPIRED TERM OF THE HONORABLE OWENS T. COBB, JR., JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHO RETIRED.

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

That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives at 12:00 noon, Wednesday, April 27, 1988, to elect successors for the following family court Judges whose terms expire June 30, 1988:

The Honorable Alvin C. Biggs, First Judicial Circuit, Seat 2;

The Honorable Peter R. Nuessle, Second Judicial Circuit, Seat 1;

The Honorable B. J. Warshauer, Third Judicial Circuit, Seat 1;

The Honorable Jamie F. Lee, Fourth Judicial Circuit, Seat 1;

The Honorable Robert H. Burnside, Fifth Judicial Circuit, Seat 1;

The Honorable William M. Campbell, Fifth Judicial Circuit, Seat 4;

The Honorable Stuart H. Hall, Seventh Judicial Circuit, Seat 3;

The Honorable Walter T. Lake, Eighth Judicial Circuit, Seat 2;

The Honorable L. Mendel Rivers, Ninth Judicial Circuit, Seat 1;

The Honorable Judy C. Bridges, Ninth Judicial Circuit, Seat 3;

The Honorable Robert H. Cureton, Tenth Judicial Circuit, Seat 2;

The Honorable W. Frank Rogers, Jr., Eleventh Judicial Circuit, Seat 1;

The Honorable Wylie H. Caldwell, Jr., Twelfth Judicial Circuit, Seat 3;

The Honorable Willie T. Smith, Jr., Thirteenth Judicial Circuit, Seat 3;

The Honorable Joseph W. Board, Thirteenth Judicial Circuit, Seat 4;

The Honorable Albert L. Kleckley, Fourteenth Judicial Circuit, Seat 2;

The Honorable Kaye G. Hearn, Fifteenth Judicial Circuit, Seat 2;

The Honorable David N. Wilburn, Jr., Sixteenth Judicial Circuit, Seat 1.

Be it further resolved that a successor be elected at the same time as provided in this resolution for The Honorable Warren H. Jolly, Ninth Judicial Circuit, Seat 4, whose term expires June 30, 1989.

Be it further resolved that an election be held at the same time as provided in this resolution to elect a Judge of the Family Court, Fifth Judicial Circuit, Seat 2, for the unexpired portion of the term, which expires June 30, 1989, of The Honorable Carol Connor, who resigned.

Be it further resolved that an election be held at the same time as provided in this resolution to elect a Judge of the Fifth Judicial Circuit for the unexpired portion of the term, which expires June 30, 1989, of The Honorable Owens T. Cobb, Jr., who retired.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cole                   Cork                   Corning
Dangerfield            Day                    Derrick
Edwards                Faber                  Fair
Felder                 Ferguson               Gilbert
Gregory                Harris, J.             Harvin
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Huff
Humphries              Johnson, J.W.          Jones
Kay                    Kirsh                  Klapman
Lanford                Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Sturkie                Taylor
Thrailkill             Townsend               Tucker
Washington             Whipper                White
Wilder                 Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 19, 1988.

M.J. Cooper                       B.J. Gordon
Dave Waldrop, Jr.                 Harriet Keyserling
John Snow                         Ralph Davenport
James C. Johnson                  Tom Limehouse
Gene Stoddard                     R.L. Helmly
Samuel R. Foster                  Paul M. Burch
Crosby Lewis                      Dick Elliott
Larry Koon                        Larry Gentry
Robert Kohn
Total Present--114

LEAVE OF ABSENCE

The SPEAKER granted Rep. CARNELL a leave of absence for the week.

DOCTOR OF THE DAY

Announcement was made that Dr. Donald G. Gregg of Greenville is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4169 -- Rep. Felder: A BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89.

H. 4184 -- Rep. K. Bailey: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT NO. 2 TO ISSUE NOT MORE THAN ONE MILLION, SIX HUNDRED THOUSAND DOLLARS OF GENERAL OBLIGATION BONDS OF THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THEIR PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

H. 4072 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEARS 1990 AND 1992 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES.

H. 3903 -- Reps. J. Bradley, Holt and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER.

H. 4005 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND REMOVAL PROCEEDINGS, SO AS TO LENGTHEN THE TIME WITHIN WHICH A HEARING MUST BE HELD ON A REMOVAL PETITION FROM THIRTY TO FORTY DAYS OF THE DATE THE PETITION IS RECEIVED.

H. 4097 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PRACTICE AND PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED TO THIRD READING

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

H. 4160 -- Reps. Blackwell, M.O. Alexander, Baker, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice and Wilkins: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE PARAMOUNT PRECINCT.

S. 745 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-125 SO AS TO PROVIDE FOR WRITTEN NOTIFICATION OF REGISTRATION TO VOTE; AND TO AMEND SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE AND THE POLL LIST, SO AS TO REVISE THE VOTER IDENTIFICATION REQUIREMENTS BY PROVIDING FOR PROOF BY WRITTEN REGISTRATION NOTIFICATION.

S. 1303 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF TAX RETURNS OR INFORMATION TO OTHER STATES OR THE INTERNAL REVENUE SERVICE, AND SECTION 12-54-230, RELATING TO THE TAX COMMISSION'S ACCESS TO THE EMPLOYER'S QUARTERLY REPORT, SO AS TO UPDATE THE REFERENCES TO THE FREEDOM OF INFORMATION ACT.

H. 3994 -- Reps. E.B. McLeod, Rhoad and Snow: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK AND POULTRY, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR THE ERADICATION AND CONTROL OF PSEUDORABIES IN SWINE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

S. 1109 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST IMPORTING, POSSESSING, SELLING, OR RELEASING INTO STATE WATERS UNDESIRABLE SPECIES OF FISH SO AS TO CORRECT SPELLING AND GRAMMATICAL ERRORS.

H. 4160--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 4160 be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

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

S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 7-13-830, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.

H. 3981--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. KIRSH having the floor.

H. 3981 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-35-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER CERTAIN CONDITIONS.

Rep. KIRSH relinquished the floor.

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

H. 3477--DEBATE ADJOURNED

Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted.

H. 3477 -- Reps. J. Bradley, Kohn and Mappus: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.

S. 756--DEBATE ADJOURNED

Rep. SIMPSON moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted.

S. 756 -- Senators Drummond and Thomas: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.

H. 3464--OBJECTIONS

The following Bill was taken up.

H. 3464 -- Rep. Petty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-155 SO AS TO REQUIRE EACH LICENSED AUCTIONEER TO ESTABLISH A PERSONAL PROPERTY TRUST FUND IN WHICH ALL MONIES BELONGING TO ANOTHER WHICH COME INTO HIS POSSESSION THROUGH AN AUCTION SALE MUST BE DEPOSITED.

Reps. O. PHILLIPS, NEILSON and M.D. BURRISS objected to the Bill.

H. 3963--DEBATE ADJOURNED

Rep. M.D. BURRISS moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted.

H. 3963 -- Reps. J.W. McLeod and R. Brown: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO REQUIRE REGISTRATION OF MORTGAGE LOAN BROKERS.

H. 4020--DEBATE ADJOURNED

Rep. M.D. BURRISS moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted.

H. 4020 -- Reps. J.W. McLeod and McEachin: A BILL TO AMEND SECTIONS 37-3-109 AND 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES UNDER THE CONSUMER PROTECTION CODE, SO AS TO EXCLUDE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS FROM THE DEFINITION OF "LOAN FINANCE CHARGE" AND TO ALLOW AS AN ADDITIONAL CHARGE IN CONNECTION WITH A CONSUMER LOAN FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS.

H. 3416--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3416 -- Reps. J. Bradley, J.W. McLeod, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-45 SO AS TO PROVIDE THAT NO USED MOTOR VEHICLE PARTS OR MOTOR VEHICLE PARTS OTHER THAN THOSE OF THE ORIGINAL EQUIPMENT MANUFACTURER MAY BE USED TO REPAIR A MOTOR VEHICLE AS A RESULT OF AN AUTOMOBILE ACCIDENT WHERE THE COST OF THE PROPERTY DAMAGE IS BEING PAID BY THE INSURER OF THE AT-FAULT PARTY, WITHOUT THE CONSENT OF THE OWNER OF THE VEHICLE BEING REPAIRED.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6424k).

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

SECTION 1. Article 1, Chapter 77, Title 38 of the 1976 Code is amended by adding:

"Section 38-77-45. (a) No used motor vehicle crash parts or crash parts supplied by a source other than the manufacturer of the vehicle may be used to repair a motor vehicle as a result of an automobile accident where the cost of the property damage is being paid by the insurer of the at-fault party, unless the use of these parts is disclosed to the owner of the vehicle being repaired.

(b) For the purpose of this section, crash parts means replacement sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.

SECTION 2. This act shall take effect upon approval of the governor.

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. J. BRADLEY having the floor.

RATIFICATION OF ACTS

At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R498) S. 1107 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-396 SO AS TO PROVIDE THAT THE OFFICIAL SUMMONS USED BY CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY BE USED TO CITE OFFENDERS FOR VIOLATIONS OF SECTION 16-11-700 RELATING TO LITTERING.

(R499) S. 505 -- Senators Lee, Peeler and Thomas: AN ACT TO AMEND SECTION 12-51-40, 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 ANY SUBSEQUENT GRANTEE OF THE PROPERTY OWNER.

(R500) S. 1128 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-1-260 AND 50-21-105 SO AS TO MAKE IT UNLAWFUL TO VANDALIZE, TAMPER WITH, OR ENTER ON WATERCRAFT, VEHICLES, DEVICES, OR PIECES OF EQUIPMENT SEIZED AND HELD BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND TO PERMIT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO TOW AWAY AND STORE ANY UNATTENDED WATERCRAFT, A WATERCRAFT THE OPERATOR OF WHICH IS ILL OR INTOXICATED AND UNABLE TO FUNCTION IN A SAFE MANNER, OR OTHER OBJECT WHICH CONSTITUTES A HAZARD TO NAVIGATION AND WHICH IS NOT WITHIN AN APPROVED UNITED STATES COAST GUARD ANCHORAGE AREA AND TO PROVIDE THAT THE OWNER SHALL PAY REASONABLE STORAGE FEES AND TO PROVIDE PENALTIES.

(R501) S. 1139 -- Senators Holland, Matthews, Wilson, Moore, McLeod, Bryan and Mitchell: AN ACT TO AMEND SECTION 14-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARATION OF JURY LISTS IN THE CIRCUIT COURT, SO AS TO REVISE THE PROCEDURES FOR JURY SELECTION BY INCLUDING OTHERWISE ELIGIBLE LICENSED DRIVERS AND IDENTIFICATION CARDHOLDERS, TO MAKE THE PROVISIONS EFFECTIVE UPON RATIFICATION OF A CONSTITUTIONAL AMENDMENT PERMITTING THEM, AND TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PREPARE TO IMPLEMENT THE PROVISIONS OF THIS ACT.

(R502) S. 1189 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-125 SO AS TO DEFINE WILDLIFE AND PROVIDE PENALTIES FOR PERSONS CONVICTED OF UNLAWFUL BUYING, SELLING, TRADING, TRAFFICKING, OR BARTERING WILDLIFE.

(R503) S. 1223 -- Senator Fielding: AN ACT TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE NUMBER OR METHOD OF ELECTION OF MEMBERS TO THE GOVERNING BODY OF A MUNICIPALITY, SO AS TO REQUIRE A PETITION BE CERTIFIED AS VALID OR REJECTED BY THE MUNICIPAL ELECTION COMMISSION WITHIN SIXTY DAYS AFTER IT HAS BEEN DELIVERED TO THE COMMISSION.

(R504) S. 1300 -- Senators Waddell, Lourie, Leatherman and Hayes: AN ACT TO AMEND SECTION 12-54-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANT FOR DISTRAINT BY THE TAX COMMISSION, FILING WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES, AND LIEN UPON THE PROPERTY OF THE TAXPAYER, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ISSUE A WARRANT FOR DISTRAINT WHEN ANY TAX, ADDITIONAL TAX, INTEREST, OR PENALTY IMPOSED BY THE COMMISSION REMAINS DUE AND UNPAID FOR TEN DAYS.

(R505) S. 969 -- Senator Lee: AN ACT TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING PISTOLS, PENALTIES, DISPOSITION OF FINES, AND THE FORFEITURE AND DISPOSITION OF PISTOLS, SO AS TO ALLOW LAW ENFORCEMENT AGENCIES THAT RECEIVE CONFISCATED PISTOLS TO TRADE THEM WITH A RETAIL DEALER FOR A PISTOL OR ANY OTHER EQUIPMENT APPROVED BY THE AGENCY; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE VIOLATIONS OF ARTICLE 1, CHAPTER 23, TITLE 16 RELATING TO OFFENSES INVOLVING PISTOLS, WITH THE EXCEPTION OF SECTION 16-23-20.

(R506) S. 1117 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-146 SO AS TO PROHIBIT THE DISCHARGE OF FIREARMS AT A PUBLIC BOAT LANDING OR RAMP AND TO PROVIDE PENALTIES.

(R507) S. 1226 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO FLEX EXAM AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R508) S. 1115 -- Senator Drummond: AN ACT TO AMEND SECTION 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF CHILDREN UNDER SIXTEEN YEARS OF AGE FROM HUNTING AND FISHING LICENSE REQUIREMENTS, SO AS TO REQUIRE LICENSES IF A CHILD TAKES GAME OR FISH FOR COMMERCIAL PURPOSES.

(R509) S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 913, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R510) S. 1184 -- Senator Drummond: AN ACT TO AMEND SECTION 50-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSTS OF NONGAME AND ENDANGERED SPECIES' CONSERVATION PROGRAMS, SO AS TO PROVIDE FOR PERMITS FOR THE SALE OF ALLIGATOR PRODUCTS AND THAT THE PROCEEDS FROM PERMIT SALES AND PORTIONS OF THE PROCEEDS FROM THE SALE OF ALLIGATOR PRODUCTS MAY BE USED TO PAY THE COSTS OF THE ALLIGATOR CONTROL MANAGEMENT PROGRAM AND PLACED IN THE GAME PROTECTION FUND AND ADMINISTERED ACCORDING TO THE PROVISIONS OF SECTION 50-1-150.

(R511) S. 1202 -- Senator Long: AN ACT TO AMEND SECTIONS 50-3-410, 51-1-60, AND 51-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND REGULATIONS OF FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS, SO AS TO GIVE JURISDICTION TO CONSERVATION OFFICERS TO ENFORCE PROVISIONS OF TITLE 50, LITTER AND TRESPASS STATUTES AND REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM RELATING TO FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS.

(R512) S. 1225 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R513) S. 1304 -- Senators Waddell, Lourie, Leatherman, Long, Hayes and Hinson: AN ACT TO AMEND SECTION 12-7-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, SO AS TO ALLOW THE TAX CREDIT WHENEVER A RESIDENT IS TAXED IN ANOTHER STATE.

(R514) S. 1183 -- Senator Waddell: AN ACT TO AMEND SECTIONS 12-16-20, 12-16-290, 12-16-510, 12-16-730, 12-16-910, 12-16-1110, 12-16-1130, 12-16-1160, 12-16-1200, 12-16-1210, 12-16-1350, 12-16-1510, 12-16-1520, AND ARTICLES 17 AND 19, CHAPTER 16 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO CONFORM ITS PROVISIONS TO THE INTERNAL REVENUE CODE OF 1986, AS AMENDED THROUGH DECEMBER 31, 1987, AND TO MAKE TECHNICAL CORRECTIONS, AND TO AMEND SECTION 12-49-70, AS AMENDED, RELATING TO THE CONCLUSIVE PRESUMPTION OF PAYMENT OF TAXES, SO AS TO CORRECT A REFERENCE.

(R515) S. 532 -- Education Committee: AN ACT TO AMEND SECTION 59-113-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME OF THE HIGHER EDUCATION TUITION GRANT COMMITTEE TO HIGHER EDUCATION TUITION GRANT COMMISSION, PROVIDE FOR AN ADDITIONAL EX OFFICIO MEMBER WHO IS THE CHIEF EXECUTIVE OFFICER OF THE STATE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT THE HIGHER EDUCATION TUITION GRANT COMMISSION IS RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND SHALL REPORT TO THE GENERAL ASSEMBLY AT LEAST ANNUALLY; TO AMEND SECTION 59-113-30, RELATING TO THE STUDENTS COVERED BY CHAPTER 113 OF TITLE 59 (TUITION GRANTS), THE AMOUNT OF GRANTS, AND ADJUSTMENT FOR SCHOLARSHIPS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THE MAXIMUM AMOUNT MAY NOT EXCEED THE AVERAGE STATE APPROPRIATION FOR EACH FULL-TIME STUDENT ENROLLED IN THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING WITH FOUR-YEAR UNDERGRADUATE DEGREE PROGRAMS IN THE PREVIOUS YEAR, RATHER THAN PROVIDING THAT THE MAXIMUM AMOUNT NOT EXCEED THE AVERAGE STATE APPROPRIATION PER FULL-TIME STUDENT ENROLLED IN ALL STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-113-50, RELATING TO THE DEFINITION OF "INDEPENDENT INSTITUTION OF HIGHER LEARNING" FOR THE PURPOSES OF CHAPTER 113 OF TITLE 59, SO AS TO CHANGE THE MEANING OF THAT TERM.

(R516) S. 1001 -- Senators Drummond, Dennis, Pope, Courson, Leatherman, Giese, Branton, Long, Thomas, Applegate, Thomas E. Smith, Jr., Shealy, Martschink, J. Verne Smith, McConnell, Wilson, Stilwell, Leventis, Macaulay, Lee, Peeler, Powell, Hinson, Horace C. Smith, Hayes, Setzler, Patterson, Fielding, McLeod, Doar, McGill, Waddell, Russell and Matthews: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY A COMPLIANCE REVIEW COMMITTEE TO DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.

(R517) S. 1157 -- Senator McGill: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1985, 1986, 1987, AND 1988 UNTIL JULY 1, 1988.

(R518) H. 3573 -- Labor, Commerce and Industry Committee: AN ACT TO ENACT THE LONG TERM CARE INSURANCE ACT, PROVIDE DEFINITIONS, PROVIDE REQUIREMENTS FOR THE ISSUANCE OF LONG TERM CARE INSURANCE POLICIES, REQUIRE THE INSURANCE COMMISSIONER TO SUBMIT REGULATIONS TO THE GENERAL ASSEMBLY FOR APPROVAL WHICH CARRY OUT THE PURPOSES OF THIS ACT, AND PROVIDE THAT ANY INSURER VIOLATING ANY PROVISION OF THIS ACT IS SUBJECT TO PENALTIES PROVIDED FOR IN SECTIONS 38-5-120 AND 38-5-130, CODE OF LAWS OF SOUTH CAROLINA, 1976.

(R519) H. 3580 -- Reps. Gregory, White, Short, Fair and Kirsh: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRY, SO AS TO PROVIDE GROUNDS AND PROCEDURE FOR THE SUSPENSION AND REVOCATION OF LICENSES TO PRACTICE PODIATRY; AND TO REPEAL SECTIONS 40-51-210 AND 40-51-250 RELATING TO PROHIBITION AGAINST CORPORATE PRACTICE OF PODIATRY OR PRACTICE IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.

(R520) H. 3625 -- Rep. Carnell: AN ACT TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO PROVIDE THAT A PERSON IS INELIGIBLE FOR A LICENSE IF HE IS NOT A RESIDENT INSTEAD OF A CITIZEN OF THIS STATE AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.

(R521) H. 3474 -- Rep. Gregory: AN ACT TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS, SO AS TO PROVIDE IT IS UNLAWFUL ALSO TO DISCHARGE FIREARMS AT OR INTO ANY BUILDING OR STRUCTURE REGULARLY OCCUPIED BY PERSONS AND TO ESTABLISH PENALTIES FOR VIOLATIONS.

(R522) H. 3293 -- Rep. McLellan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-190 SO AS TO DEFINE AS A PRIMITIVE WEAPON A RIFLE,.36 CALIBER OR LARGER, WHICH USES BLACK POWDER ONLY AS ITS PROPELLANT CHARGE AND WHICH HAS A ONE-EIGHTH INCH NONMAGNIFIED PEEP SITE ON THE REAR OF THE BARREL.

(R523) H. 2501 -- Rep. Ogburn: AN ACT TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A CLERICAL EMPLOYEE OF A LICENSED AGENT OR INSURER WHO IS PAID ON AN HOURLY OR SALARY BASIS AND NOT ON A COMMISSION BASIS TO ACT AS AN AGENT AND TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.

THE HOUSE RESUMES

At 12:40 P.M. the House resumed, the SPEAKER in the Chair.

H. 3416--DEBATE ADJOURNED

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

H. 3416 -- Reps. J. Bradley, J.W. McLeod, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-45 SO AS TO PROVIDE THAT NO USED MOTOR VEHICLE PARTS OR MOTOR VEHICLE PARTS OTHER THAN THOSE OF THE ORIGINAL EQUIPMENT MANUFACTURER MAY BE USED TO REPAIR A MOTOR VEHICLE AS A RESULT OF AN AUTOMOBILE ACCIDENT WHERE THE COST OF THE PROPERTY DAMAGE IS BEING PAID BY THE INSURER OF THE AT-FAULT PARTY, WITHOUT THE CONSENT OF THE OWNER OF THE VEHICLE BEING REPAIRED.

Rep. McLELLAN moved to adjourn debate upon the Bill until Wednesday, April 20, which was adopted.

H. 3999--DEBATE ADJOURNED

Rep. HOLT moved to adjourn debate upon the following Bill until Thursday, April 21, which was adopted.

H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES.

S. 1100--FREE CONFERENCE POWERS GRANTED

Rep. J. BRADLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Arthur
Aydlette               Baker                  Barfield
Baxley                 Beasley                Blackwell
Boan                   Bradley, J.            Brown, G.
Brown, N.              Brown, J.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Faber
Fair                   Felder                 Foxworth
Gilbert                Gordon                 Gregory
Harris, J.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Stoddard
Sturkie                Thrailkill             Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--103

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. AYDLETTE, J. BRADLEY and MAPPUS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 1100--FREE CONFERENCE REPORT ADOPTED

The following was received.

F R E E C O N F E R E N C E R E P O R T

The General Assembly, Columbia, S.C., April 13, 1988

The Committee of Free Conference, to whom was referred:
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill do pass amended as follows: strike all after the enacting words and insert:

/SECTION 1. Article 5, Chapter 75, Title 38 of the 1976 Code is amended by adding:

"Section 38-75-385. There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer, the Association's agents or employees, the board of directors, or the Commissioner or his representatives for any act or omission in the performance of their powers and duties under this article. This section does not relieve the Association of any of its liability."

SECTION 2. Section 38-75-310(5) of the 1976 Code is amended to read:

"(5) 'Coastal area' means beach, island, and waterfront areas designated 'beach territory' as defined in the Extended Coverage reference published by the Insurance Service Office for South Carolina:

(a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;

(b) the following areas in Georgetown County: Cedar Island, DeBordieu Beach, Litchfield Beach, South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City;

(c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 (Kings Highway);

(d) the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway."

SECTION 3. Article 5, Chapter 75, Title 38 of the 1976 Code is amended by adding:

"Section 38-75-460. The Chief Insurance Commissioner may, by written order, temporarily expand the area in which the Association must provide essential property insurance. The area may not be expanded further inland than east of the west bank of the intracoastal waterway and may not be expanded to cover the area for more than twelve months. If the Commissioner issues an order that expands the area in which the Association provides essential property insurance, he shall notify the General Assembly of that order and he shall recommend to the General Assembly any appropriate statutory changes in the law concerning the definition of 'coastal area' which he believes needs to be enacted."

SECTION 4. This act takes effect November 1, 1988./

Amend title to conform.

/s/Nikki Setzler                  /s/John D. Bradley, III
/s/Glenn F. McConnell             /s/D. L. Aydlette, Jr.
/s/Sam Applegate                  /s/Theodore T. Mappus, Jr.
  On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3107--DEBATE ADJOURNED

Rep. HUFF moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted.

H. 3107 -- Reps. Rudnick, White, J. Brown, Holt, Washington, McBride, Ferguson and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-51-115 SO AS TO PROVIDE FOR A ONE-YEAR PERIOD FOR REDEMPTION OF MOBILE OR MODULAR HOMES SOLD AT A DELINQUENT TAX SALE.

S. 1000--AMENDED AND OBJECTIONS

The following Bill was taken up.

S. 1000 -- Senator Peeler: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOGS AND RABBIT DOGS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2553J), which was adopted.

Amend the bill, as and if amended, Section 50-1-20, as contained in SECTION 1, by striking subsection (A) and inserting:

/(A) Bird does may be trained from September first through the day before Thanksgiving in each year./

Amend further, Section 50-1-20, as contained in SECTION 1, by adding at the end:

/(D) No weapons of any type may be used during the training seasons prescribed in this section./

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

Reps. R. BROWN, LOCKEMY, O. PHILLIPS, NEILSON, DAY, M.D. BURRISS and ARTHUR objected to the Bill.

S. 1110--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1110 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONTHLY REPORTS OF LICENSEES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO SPECIFICALLY REQUIRE THE COMPILATION OF INFORMATION, DATA, RECORDS, AND ACCOUNTS; TO REQUIRE THE REPORTS TO BE MADE TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES; AND TO PROVIDE PENALTIES.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0082R), which was adopted.

Amend the bill, as and if amended, by striking Section 50-17-530, as contained in Section 1, and inserting:

/Section 50-17-530. The Department of Wildlife and Marine Resources may require any person licensed or permitted under this chapter to keep records and provide information and reports necessary for the administration and enforcement of the provisions of this chapter and the management of coastal fishery resources. The department has concurrent authority within the United States to collect and require the submission of pertinent data specified for submission to the Secretary of Commerce of the United States, or his designee, pursuant to the Fishery Conservation and Management Act of 1976, as amended, 16 U.S.C. 1801 et seq. The department may collect and require the submission of additional pertinent data_ for fisheries covered by a fisheries management plan or for which a management plan is being considered which the department considers reasonable and necessary for management purposes.

The information, data, and reports required pursuant to the provisions of this section must be provided on forms supplied to the licensee and by methods developed and supplied by the department. The records must be used only for the equitable and efficient administration and enforcement of applicable state law or departmental regulation or for determining fishery management policy. Any information which directly or indirectly discloses the identity of a licensee is exempted from the provisions of the South Carolina Freedom of Information Act. Such information is confidential and may not be disclosed except when required by order of a court of competent jurisdiction, but the department may release all or any part of information collected under authority of this section to the Secretary of Commerce of the United States, or his designee, for purposes of fisheries management. The department may compile statistical information in any nonconfidential aggregate or summary form which becomes a public record.

Every person engaged in the harvesting, buying, packing, wholesaling, or processing of saltwater fishery resources for which South Carolina is the original port of landing shall keep accurate records, books, or accounts of the information required by the department and shall make the records, books, or accounts open to the department for inspection.

The records, accounts, and reports which licensees are required to make, keep, exhibit, and provide may include data and information pertaining to the number, capacity, capability, and type of fishing vessels owned and operated, the type and quantity of fishing gear used, the catch of fish or other seafood by species in numbers, size, and weight, the areas in which the fishing occurred, the location of the catch, the length of time engaged in fishing, the number of hauls, drags, or sets, and the disposition of the fish and other seafood.

Any person licensed or permitted under this article chapter who shall fail fails to keep accurate records or make the reports required by the Division of Commercial Fisheries on or before the tenth day of each month after the close of business for the preceding month and who shall fail to pay the taxes as prescribed in this article, department or who shall violate violates any other provision of this article is guilty of a misdemeanor and for which no other specific penalty is provided, shall, upon conviction, must be punished as provided in Section 50-17-130 fined not more than two hundred dollars or imprisoned for not more than thirty days. Every day Each month of delay in transmitting the taxes and reports shall constitute constitutes a separate offense, and after having been convicted three convictions times, the Division of Commercial Fisheries department may shall revoke the license or permit under which the reports are required and deny the issuance of another license or permit for a period of twelve months following the date of the third conviction. Any person who fails to keep or knowingly falsifies any records required under this section is guilty of a misdemeanor and upon conviction must be punished as provided in Section 16-9-10./

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

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

Rep. WILKINS moved that the House do now adjourn, which wa.c adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4195 -- Rep. Mattos: A CONCURRENT RESOLUTION SALUTING BEREA HIGH SCHOOL OF GREENVILLE COUNTY FOR ITS LONG AND DISTINGUISHED HISTORY OF EDUCATING THE CITIZENS OF ITS AREA AND COMMENDING THE SCHOOL FOR OUTSTANDING ACHIEVEMENTS IN EDUCATION.

ADJOURNMENT

At 12:59 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.

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