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

FRIDAY, APRIL 29, 1988

Friday, April 29, 1988
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God, most mighty and merciful, we come in this morning prayer seeking Your continual nearness that we may be delivered from thoughts that would weaken us, from desires that would worry us, and from a selfishness that closes the door to the needs of others. And as You did cause light to shine out of darkness, shine as well upon our way that we might see clearly the road we should take and have the determination to walk in it. Make us great enough to face these hours with courage, steadfast enough to meet these days with confidence, determined enough to share our best with those around us.

In the Name of Jesus we pray. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

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

H. 3661 -- Reps. T.C. Alexander and McLellan: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD THE STAMP CREEK VOTING PRECINCT AND TO REVISE THE BOUNDARIES OF CERTAIN OTHER PRECINCTS.

H. 4125 -- Rep. Wilkins: A BILL TO AMEND SECTIONS 58-7-10 THROUGH 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

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.

H. 4013 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAVEL TRAILER DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT TRAVEL TRAILERS TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF MOTOR VEHICLE DEALERS, SO AS TO DEFINE THE TERM "MOTOR HOME"; AND TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT MOTOR HOMES TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS.

H. 4129 -- Reps. J. Bradley, Neilson and Pearce: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO REVISE THE LICENSE FEES FOR CERTAIN MUTUAL INSURERS DOING A PROPERTY BUSINESS ONLY.

H. 4198 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYEE, SO AS TO REFER TO A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, REFER TO WILFUL BREACH OF ANY SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 42-11-100, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAYABLE FOR DISABILITY FROM AN OCCUPATIONAL DISEASE AND EXCEPTIONS, SO AS TO PROVIDE THAT NO COMPENSATION IS PAYABLE, AMONG OTHER REASONS, FOR THE DECREE OF DISABILITY RESULTING FROM NONCOMPENSABLE CAUSES OR THE EMPLOYEE'S REFUSAL TO USE A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, RATHER THAN A SAFETY DEVICE, OR TO OBEY A SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, RATHER THAN A SAFETY REGULATION APPROVED BY THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH ITS RULES AND REGULATIONS; TO AMEND SECTION 42-11-190, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND THE PROMULGATION OF RULES, REGULATIONS, AND SCHEDULES, SO AS TO DELETE THE AUTHORITY OF THE COMMISSION, AFTER NOTICE TO PARTIES INTERESTED AND PUBLIC HEARINGS IF REQUESTED, TO PROMULGATE REASONABLE RULES REGARDING THE USE OF SAFETY APPLIANCES FOR THE REDUCTION AND ELIMINATION OF OCCUPATIONAL HAZARDS WHICH CAUSE OCCUPATIONAL DISEASES, AND TO DELETE THE PROVISION THAT NOTHING IN THIS SECTION LIMITS THE POWER OF THE COMMISSION TO APPROVE REASONABLE SAFETY REGULATIONS SUBMITTED BY AN EMPLOYER FOR APPLICATION TO HIS BUSINESS WHICH DO NOT CONFLICT WITH THE RULES AND REGULATIONS PROVIDED FOR IN THIS SECTION; AND TO REPEAL SECTION 42-3-200, RELATING TO THE POWER OF THE COMMISSION TO MAKE STUDIES AND INVESTIGATIONS.

H. 4200 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO NONFORFEITURE STANDARDS FOR MEN AND WOMEN, DESIGNATED AS REGULATION DOCUMENT NUMBER 980, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3747 -- Rep. Carnell: A BILL TO AMEND SECTIONS 56- l -770 AND 56-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF POINTS ASSIGNED TO DRIVERS FOR VARIOUS TRAFFIC VIOLATIONS FOR COMPLETION OF A DEFENSIVE DRIVING COURSE AND MINIMUM STANDARDS AND CONDITIONS OF OPERATION FOR DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH PROCEDURES FOR THE APPROVAL OF DEFENSIVE DRIVING COURSES OFFERED BY DRIVER TRAINING SCHOOLS WHICH WILL QUALIFY THOSE SUCCESSFULLY COMPLETING THE COURSE FOR A REDUCTION OF POINTS, TO REQUIRE THE DEPARTMENT TO APPROVE COURSES WHICH MEET CERTAIN STANDARDS, AND INCLUDE AMONG THE MINIMUM STANDARDS A REQUIREMENT THAT DRIVER TRAINING SCHOOLS HAVE OR HAVE ACCESS TO SUFFICIENT FACILITIES AND EQUIPMENT TO CONDUCT A DEFENSIVE DRIVING COURSE OF EIGHT HOURS DURATION AND FOR A MINIMUM OF TEN STUDENTS.

H. 3018 -- Rep. L. Phillips: A BILL TO AMEND SECTION 56-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF CERTAIN DRIVERS' LICENSE CANCELLATIONS, SUSPENSIONS, OR REVOCATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SECTION 56-1-820, RELATING TO THE REVIEW OF SUSPENSIONS BY THE DEPARTMENT, AND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD AND THE PROCEDURES RELATED THERETO INCLUDING AN APPELLATE HEARING BY THE DEPARTMENT SO AS TO REVISE THESE HEARING OR REVIEW PROCEDURES AND REQUIRE THAT THESE HEARINGS OR REVIEWS BE CONDUCTED IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT, AND TO AMEND SECTION 56-5-5360, AS AMENDED, RELATING TO MOTOR VEHICLE INSPECTIONS, SO AS TO REVISE THE HEARING OFFICIAL DESIGNATED TO HEAR APPEALS OF GARAGES OR STATIONS DENIED THE RIGHT TO ISSUE CERTIFICATES OF INSPECTION.

H. 3408 -- Reps. Blackwell, P. Harris and Waldrop: A BILL TO AMEND SECTION 31-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE HOUSING AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PROVIDE HOUSING ASSISTANCE TO THE BENEFICIARY CLASSES AND PERSONS OVER SIXTY-FIVE YEARS OF AGE OR INCAPABLE OF FULLY CARING FOR THEMSELVES.

H. 2757 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-11-4310, 50-11-4330, 50-11-4360, 50-11-4380, 50-11-4390, 50-11-4420, 50-11-4440, 50-11-4460, AND 50-11-4470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPPING OF FURBEARING ANIMALS, SO AS TO DEFINE "FUR BUYER", "COMMERCIAL PURPOSES", "TRAP", "FOOT-HOLD TRAP", "LIVE TRAP" AND "PROCESSOR", TO REDEFINE "TAKE", "TRAPPER", TO DELETE DEFINITIONS OF "FUR DEALER", "TAKING", AND "TAKING FOR COMMERCIAL PURPOSES", TO REQUIRE A COMMERCIAL FUR LICENSE FOR ALL PERSONS WHO SELL FURBEARING ANIMALS FOR COMMERCIAL PURPOSES, EXCEPT PROCESSORS, MANUFACTURERS, OR RETAILERS, TO CHANGE THE PROCEDURE FOR THE ANNUAL REPORT OF LICENSEES, TO EXEMPT RETAILERS OR MANUFACTURERS OF FINISHED FURS, TANNERS, AND PERSONS ACQUIRING FURBEARING ANIMAL CARCASSES WITHOUT HIDES FROM BUYERS LICENSE REQUIREMENTS, TO REQUIRE COMMERCIAL FUR LICENSEES TO AFFIX TAGS AND PROVIDE A PROCEDURE FOR TAGGING, TO ADD WHOLE ANIMALS TO THE LIST OF PROPERTY WHICH MAY BE CONFISCATED, TO REQUIRE A PERMIT FOR OUT OF STATE SHIPMENT, AND TO SPECIFICALLY IDENTIFY CODE SECTIONS TO WHICH PENALTIES APPLY; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-11-4325, 50-11-4385, 50-11-4425, AND 50-11-4475 SO AS TO PROHIBIT TAKING TRAPPED WILDLIFE FROM TRAPS BY ANY PERSON OTHER THAN THE OWNER OF THE TRAP OR HIS DESIGNEE, TO PROVIDE FOR A PROCESSOR'S LICENSE AND REQUIRE REPORTS BY THE LICENSEE, TO PROVIDE PENALTIES FOR VIOLATIONS NOT SPECIFIED IN SECTION 50-11-4470, AND TO REPEAL ARTICLE 11 OF CHAPTER 11 OF TITLE 50 RELATING TO BOUNTIES ON FOXES.

H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT.

ORDERED ENROLLED FOR RATIFICATION

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

S. 949 -- Senators Garrison and Powell: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE MINISTERIAL MAGISTRATES IN ANDERSON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF ANDERSON COUNTY.

S. 916 -- Senators Applegate, Courson, Hayes, Land and Nell W. Smith: A BILL TO AMEND SECTIONS 39-16-10 AND 39-16-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS AND PROHIBITIONS USED IN THE DISCLOSURE REQUIREMENTS FOR THE SALE OF FINE PRINTS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "ART MERCHANT" A PROFESSIONAL AUCTIONEER WHO HOLDS HIMSELF OUT as HAVING KNOWLEDGE OR SKILL PECULIAR TO FINE PRINTS; TO INCLUDE AUCTIONEER WITHIN THE DEFINITION OF "PERSON"; TO REQUIRE A WRITTEN INVOICE DISCLOSING ALL INFORMATION REQUIRED IN SECTION 39-16-40 WHEN A FINE PRINT IS OFFERED AT AN AUCTION WHERE NONART PROPERTY ALSO IS SOLD.

ORDERED TO THIRD READING

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

S. 1460 -- Senator Bryan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF LAURENS COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

ADJOURNMENT

At 10:20 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, May 3.

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