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:

Open our minds more completely, O Lord, to the way of Your teachings. Remove from us any bitterness that blights our lives, any resentment that ruins our dispositions, and any worry that wearies us and wears us out. Help us to think cleanly and clearly, to speak fairly and faithfully, to work heartily and hopefully, to live trustfully and truly. And in this spirit may we do what is best for our beloved South Carolina and its citizens. Cause us to hear and heed the confident words of the Prophet Isaiah: "Trust you in the Lord forever: for in the Lord is everlasting strength" (Isaiah 26:4).

In the Name of Jesus we pray. 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.

The following was taken up for immediate consideration and accepted.

Representatives KOON, RHOAD and WALDROP cordially invites the members of the House of Representatives and their staff to attend their annual party to be held on Tuesday, April 11, 1989, from 6:30 P.M. until, at Billy Amick Farms.

A map with directions will be placed on the members desk prior to the affair. We look forward to your joining us.

Rep. TOM RHOAD

Rep. DAVE WALDROP

Rep. LARRY KOON

The following was introduced:

H. 3784 -Reps. J. Brown, McBride, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers, Taylor and Waites: A HOUSE RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL "SHAMROCKS" AND THEIR FINE COACHING STAFF FOR WINNING THE 1989 STATE AAAA BOYS' BASKETBALL CHAMPIONSHIP AND TO INVITE THE COACHING STAFF AND MEMBERS OF THE TEAM TO APPEAR BEFORE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 5, 1989.

The Resolution was adopted.

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

H. 3785 -- Rep McBride: A HOUSE RESOLUTION TO INVITE THE COACHING STAFF AND MEMBERS OF THE C.A. JOHNSON'S "GREEN HORNETS" BOYS' BASKETBALL TEAM, THE STATE AAA BASKETBALL CHAMPIONS, TO APPEAR BEFORE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES ON APRIL 5, 1989.

Be it resolved by the House of Representatives:

That the members of the House of Representatives invite the coaching staff and members of the C.A. Johnson's "Green Hornets" boys' basketball team, the State AAA Basketball Champions, to appear before the members of the House of Representatives on April 5, 1989, at a time convenient to the team's head coach and the members of the House of Representatives. Now, therefore,

Be it further resolved that a copy of this resolution be forwarded to Tim Gates, Head Coach of the C.A. Johnson High School boys' basketball team.

The Resolution was adopted.

The following was introduced:

H. 3786 -- Reps. McBride, Taylor, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Quinn, T. Rogers and Waites: A HOUSE RESOLUTION TO CONGRATULATE C.A. JOHNSON'S "GREEN HORNETS" AND THEIR FINE COACHING STAFF FOR WINNING THE 1989 STATE AAA BOYS' BASKETBALL CHAMPIONSHIP.

The Resolution was adopted.

The following was introduced:

H. 3787 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE REVEREND ZEBULUN DELOACHE SMITH, SR., OF ANDERSON, WHO DIED RECENTLY.

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

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

H. 3788 -- Rep. Beasley: A BILL TO AMEND SECTIONS 22-3-540 AND 22-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION FROM A FINE OF NOT EXCEEDING ONE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BOTH.

Referred to Committee on Judiciary.

H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.

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

H. 3790 -- Reps. McLellan and T.C. Alexander: A BILL TO DESIGNATE A ROAD IN OCONEE COUNTY AS THE "SAMUEL BRUCE ROCHESTER MEMORIAL HIGHWAY".

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

H. 3791 -- Reps. J. Rogers and Huff: A BILL TO AMEND SECTION 40-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF THE REGULATION OF SPEECH/LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO DEFINE THE TERM "SPEECH/LANGUAGE PATHOLOGY" AND TO REVISE THE TERMS "SPEECH/LANGUAGE PATHOLOGIST", "THE PRACTICE OF SPEECH/LANGUAGE PATHOLOGY", AND "THE PRACTICE OF AUDIOLOGY".

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

H. 3792 -- Rep. McLellan: A BILL TO AMEND SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO PROVIDE THAT THESE BONDS, BEGINNING IN 1991, MAY BE AUTHORIZED IN ODD-NUMBERED INSTEAD OF EVEN-NUMBERED YEARS.

Referred to Committee on Ways and Means.

H. 3793 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OF A BUILDING REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE,AND USABLE CONDITION; TO AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT, MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO REVISE THIS EXCEPTION; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR ThIS ENFORCEMENT; TO AMEND SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY PROVISIONS; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE RELIEF.

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

H. 3794 -- Reps. Corning, Rama and Wright: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.

Referred to Committee on Education and Public Works.

H. 3795 -- Reps. Sturkie, Rama, Mappus, T. Rogers, Smith, Barber, J. Bailey, Wright, Glover and K. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 TO TITLE 48 SO AS TO CREATE THE BEACH MANAGEMENT TRUST FUND AND THE BEACH MANAGEMENT TRUST FUND OVERSIGHT COMMITTEE AND BY ADDING SECTION 12-35-715 SO AS TO PROVIDE AN ADDITIONAL ACCOMMODATIONS TAX IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, AND HORRY COUNTIES AND PROVIDE FOR THE USE OF ITS PROCEEDS.

Referred to Committee on Ways and Means.

H. 3796 -- Reps. Cork, White, Bennett, Holt, Blanding, J. Brown, Limehouse, T. Rogers, Taylor, Felder, Rama, Keyserling, McCain, D. Williams, Faber, Glover and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 52 SO AS TO PROVIDE FOR THE PARI-MUTUEL SPORTS ACT BY ESTABLISHING PURPOSES, DEFINITIONS, THE RACING COMMISSION AND ITS POWERS AND DUTIES, RACETRACK MEETINGS, TESTING, LICENSING, DISTRIBUTION OF MONEY, TAXES, RACING DAYS, SOUTH CAROLINA RACES, WAGERING, THE APPLICATION TO STATE AND COUNTY FAIRS, EJECTION AND EXCLUSION FROM A RACETRACK, RELATED OFFENSES, PENALTIES, BUSINESS CONDUCTED ON LICENSED PREMISES, AND REVIEW OF THE COMMISSION; AMEND THE 1976 CODE BY ADDING SECTION 16-19-170 SO AS TO PROVIDE THAT CONDUCT AUTHORIZED BY THIS ACT IS LEGAL AND SECTION 32-1-60 SO AS TO PROVIDE FOR CONTRACT LAW NOT TO APPLY TO CONTRACTS AUTHORIZED PURSUANT TO THIS ACT; REPEAL SECTIONS 52-5-10 THROUGH 52-5-40 RELATING TO HORSE RACING; ADD THE OFFENSES PROVIDED IN THIS ACT TO THE LIST OF FELONIES IN SECTION 16-1-10; PROVIDE FOR A STATEWIDE REFERENDUM ON HORSE AND GREYHOUND RACING WITH PARI-MUTUEL WAGERING; PROVIDE FOR THE COMMISSION'S INITIAL TERMS; AND PROVIDE FOR THE ACT'S EFFECTIVE DATE AFTER THE REFERENDUM.

Referred to Committee on Labor, Commerce and Industry.

H. 3797 -- Reps. Tucker, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Felder, Ferguson, Foster, Gentry, Hallman, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Hendricks, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, D. Williams, J. Williams, Winstead, Wofford, Wright and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.

Referred to Committee on Judiciary.

H. 3798 -- Reps. Kirsh, McLellan and McTeer: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Referred to Committee on Ways and Means.

H. 3799 -- Reps. Townsend, Davenport, Baxley, Wells, Tucker, Kay, Huff, Chamblee and Lockemy: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS; AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO NINE AND PROVIDE FOR THEIR APPOINTMENT.

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

H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.

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

H. 3801 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO SALES TAX ON SUBSCRIPTION PUBLICATIONS, MICROFILM OR MICROFICHE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1023, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

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.

Referred to Committee on Ways and Means.

The following was introduced:

H. 3803 -- Reps. McLeod, Baxley, Blanding, G. Brown and McElveen: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO SUMTER COUNTY'S FURMAN HIGH SCHOOL INDIAN BASKETBALL TEAM AND ITS COACH, MR. CALVIN MCROY, ON WINNING THE STATE CLASS AA BASKETBALL CHAMPIONSHIP HELD AT THE CAROLINA COLISEUM ON MARCH 18, 1989.

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

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                  Burch                  Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Ferguson               Foster
Gentry                 Glover                 Gordon
Hallman                Harris, J.             Harris, P.
Harwell                Haskins                Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Kirsh                  Koon
Limehouse              Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Nesbitt                Nettles
Phillips               Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Simpson                Smith
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Washington
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Winstead               Wofford                Wright

I came in after the roll call and was present for the Session on March 30, 1989.

Dave C. Waldrop                   Ralph Davenport
Harriet Keyserling                Will McCain
Paul Short                        Robert Hayes, Jr.
Denny W. Neilson                  William Boan
Charles Sharpe                    Steve Lanford
Joseph McElveen                   Micky Burriss
Rick Quinn                        Robert A. Kohn

The SPEAKER granted Rep. KLAPMAN a leave of absence for the day.

Announcement was made that Dr. Linda Christmann of Columbia is the Doctor of the Day for the General Assembly.

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. 270 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.

S. 71 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.

S. 67 -- Senator Drummond: A BILL TO RE AUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

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

H. 3332 -- Reps. Wofford, Haskins, Rama, M.D. Burriss, Mappus, Manly, Quinn, G. Bailey, Moss, Vaughn, Hearn, Wright, Wells, Neilson, Keegan, Bruce, Davenport, Phillips, Corbett, Fair, Littlejohn, Barfield, J. Harris, McGinnis, Winstead and Limehouse: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE ADDITIONAL CRIMES.

H. 3349 -- Reps. Rudnick and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-295 SO AS TO PROVIDE THAT ANY PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND, UPON CONVICTION, MUST BE SENTENCED TO IMPRISONMENT FOR FIVE YEARS, NO PART OF WHICH IS SUSPENDED AND FOR WHICH PAROLE MUST NOT BE GRANTED FOR ANY PORTION, AND TO PROVIDE THAT THIS SENTENCE MUST NOT BE SERVED CONCURRENTLY WITH ANY OTHER SENTENCE GIVEN THE OFFENDER.

H. 3726 -- 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. 3707 -- Rep. Nettles: A BILL TO AMEND SECTION 38-77-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND DESIGNATED PRODUCERS, SO AS TO PROVIDE THAT AN APPLICANT MAINTAINING MULTIPLE OFFICES ON JUNE 4, 1987, IS ENTITLED TO MAINTAIN MULTIPLE LOCATIONS AS A DESIGNATED AGENT FOR EACH LOCATION HE OWNED AND OPERATED AT THAT TIME AND THROUGH WHICH PREMIUMS OF A CERTAIN AMOUNT WERE WRITTEN.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 255 -- Senator Williams: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF BOND FOR PERSONAL REPRESENTATIVES FOR PURPOSES OF THE SOUTH CAROLINA PROBATE CODE, SO AS TO ELIMINATE THE REQUIREMENT THAT A WILL EXPRESSLY WAIVE THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE NAMED IN THE WILL FOR THERE TO BE NO BOND REQUIRED, TO ELIMINATE REDUNDANT LANGUAGE RELATING TO THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE OF AN INTESTATE ESTATE, TO WAIVE THE REQUIREMENT FOR BOND FOR A RESIDENT PERSONAL REPRESENTATIVE APPOINTED UNDER A WILL UNLESS THE WILL CONTAINS AN EXPRESS REQUIREMENT OF BOND, AND TO GIVE THESE CHANGES RETROACTIVE APPLICATION TO WILLS PROBATED AFTER JULY 12, 1988.

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

S. 400 -- Finance Committee: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH[ CAROLINA, 1976, RELATING TO BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REQUIRED AMOUNT FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.

Debate was resumed on Amendment No. I, which was proposed on Wednesday, March 29, by the Committee on Labor, Commerce and Industry.

Rep. CORK continued speaking.

The amendment was then adopted.

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

The following Bill was taken up.

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

Debate was resumed on Amendment No. 2, which was proposed on Thursday, February 23, by Rep. CORK.

Rep. CORK moved to table the amendment, which was agreed to.

Rep. LIMEHOUSE proposed the following Amendment No. 3 (Doc. No. 2481U), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 1 and 5 in their entirety.

Amend further, page 2, lines 15 and 35, by striking /four/ and inserting /three/, and on page 3, line 8, by striking /four/ and inserting /three/.

Renumber sections to conform.

Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

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

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

On motion of Rep. LIMEHOUSE, with unanimous consent, it was ordered that H. 3400 be read the third time tomorrow.

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

H. 3758 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO TANDEM TRAILER COMBINATIONS AND OTHER LARGER VEHICLE ACCESS CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. ALTMAN explained the Joint Resolution.

H. 3759 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO HIGHWAY ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1051, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. ALTMAN explained the Joint Resolution.

S. 504 -- Fish, Game and Forestry Committee: A BILL TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE, SO AS TO SPECIFY THE SPECIES OR GROUPS OF SPECIES OF NONDOMESTIC ANIMALS WHOSE IMPORTATION IS REGULATED AND WHICH ANIMALS ARE EXEMPT FROM REGULATION.

H. 3305 -- Reps. L. Martin, Hendricks and Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-703 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 1 AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Rep. L. MARTIN explained the Bill.

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

Rep. SNOW explained the Bill.

S. 505 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-366, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIZE LIMITS ON HARD CLAMS, SO AS TO PROVIDE THAT A CLAM HATCHERY OR MARICULTURE OPERATION MAY POSSESS, PURCHASE, SELL, OR TRANSPLANT SUBLEGAL SIZED CLAMS, WITHOUT LIMITATION, UPON OBTAINING A PERMIT FROM THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.

S. 537 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO MILK AND MILK PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Rep. McLELLAN explained the Bill.

H. 3761 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-11-48 SO AS TO PROVIDE THAT AN EMPLOYER WHO MAINTAINS A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS BEFORE THE DATE OF ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM MAY REQUIRE ALL ACTIVE MEMBERS AND RETIREES OR THEIR BENEFICIARIES OF THAT LOCAL SYSTEM TO BECOME MEMBERS OR BENEFICIARIES OF THE POLICE OFFICERS RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICH MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, INCLUDING THE PAYMENT OF BENEFITS TO RETIREES AND BENEFICIARIES TRANSFERRED AND TO EXEMPT RETIREES EMPLOYED IN COVERED EMPLOYMENT FROM THE EARNINGS LIMITATIONS WHILE IN THE SAME COVERED EMPLOYMENT.

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 3305 be read the third time tomorrow.

On motion of Rep. BARFIELD, with unanimous consent, it was ordered that S. 505 be read the third time tomorrow.

On motion Or Rep. WALDROP, with unanimous consent, it was ordered that S. 537 be read the third time tomorrow.

On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3510 be read the third time tomorrow.

On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 3761 be read the third time tomorrow.

The following Bill was taken up.

H. 3084 -- Rep. Sturkie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE BEACH MANAGEMENT TRUST FUND; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-715 SO AS TO PROVIDE AN ADDITIONAL ACCOMMODATIONS TAX IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, AND HORRY COUNTIES AND PROVIDE FOR THE USE OF ITS PROCEEDS.

Rep. McEACHIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3417 -- Reps. M.D. Burriss and McCain: A BILL TO AMEND SECTION 50-21-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO DELETE THE RESTRICTION ON THE USE OF AIRBOATS ON THE DESIGNATED PORTION OF LAKE MARION AND SANTEE SWAMP DURING THE SEASON FOR HUNTING WATERFOWL.

Rep. HOLT objected to the Bill.

Rep. BENNETT explained the Bill.

Rep. FARR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks Or the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3528 -- Reps. Sharpe, Hallman, Corbett, G. Brown, Koon, Rhoad, Sturkie, Bennett, Manly, Littlejohn, M.O. Alexander, K. Bailey, Waites, Snow, Bruce and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-65, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO STEAL FISH IN WHICH ANY OTHER PERSON HAS PROPERTY RIGHTS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0065R), 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 16-13-65. (A) All finfish, shellfish, crustacean and plant species held and cultivated by bonafide aquaculture operations shall remain the private property of the culturist until sold, traded or bartered.

(B) It is unlawful for any person to poach, steal or otherwise take without prior authorization cultured finfish, shellfish, crustaceans or plants from a bonafide aquaculture operation in this State.

(C) It is unlawful for any person to wilfully, unlawfully and maliciously vandalize, damage or destroy any buildings, ponds, equipment, fence or other real property associated with an aquaculture operation."

Section 2. The 1976 Code is amended by adding:

"Section 16-33-66. A person violating the provision of Section 16-13-65 is guilty of a misdemeanor and, upon conviction:

(1) For the first offense, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both and shall pay restitution to the culturist an amount determined by the Court.

(2) For a second offense, must be fined an amount not to exceed two thousand dollars or imprisoned for a term not less than two months and thirty days community service nor more than one year, or both and shall pay restitution to the culturist an amount determined by the Court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers and nets must be seized and forfeited to the court.

(3) For a third or subsequent offense, must be fined an amount not to exceed five thousand dollars or imprisoned for a term not less than six months nor more than two years, or both and shall pay restitution to the culturist an amount determined by the Court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers and nets must be seized and forfeited to the court.

Provided further, that if the value of such property stolen or damaged is less than one hundred dollars, the case shall be tried in Magistrate's Court and the punishment shall be no more than is permitted by law without presentment or indictment by a grand jurys."

Section 3. Amend the Code further by striking Section 50-1-10 of the 1976 Code and inserting:

"50-1-10. All wild birds, wild game and fish, except fish in strictly private ponds and lakes and lakes entirely segregated from other waters or held and grown in bonafide aquaculture operations are the property of the State."

Section 4. 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.

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3528 be read the third time tomorrow.

The following Bill was taken up.

H. 3532 -- Reps. Sharpe and McCain: A BILL TO AMEND SECTIONS 48-43-10 AND 48-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OIL AND GAS EXPLORATION, DRILLING, TRANSPORTATION, AND PRODUCTION, SO AS TO DEFINE "SANITARY LANDFILL" AND TO REGULATE ACTIVITIES RELATING TO WASTE AND ANTIPOLLUTION ACTIVITIES INVOLVING OIL AND GAS AND TO REGULATE ACTIVITIES RELATING TO METHANE GAS IN AND RELATED TO LANDFILLS.

Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3471 -- Reps. Keyserling, J. Harris and T. Rogers: A BILL TO AMEND TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING CHAPTER 6 SO AS TO CREATE THE ART IN STATE BUILDINGS PROGRAM WHICH PROVIDES FOR THE ACQUISITION OF WORKS OF ART FOR THE NEWLY CONSTRUCTED OR RENOVATED STATE-OWNED OR LEASED FACILITIES, TO PROVIDE FOR THE EXPENDITURE OF ONE-HALF OF ONE PERCENT OF THE AMOUNT APPROPRIATED FOR ANY STATE PUBLIC CONSTRUCTION OR RENOVATION PROJECT, WITH EXCEPTIONS, TO ALLOCATE FUNDS FOR THE PROGRAM, TO ESTABLISH A PROCEDURE FOR CHOOSING THE WORKS OF ART, PROVIDE FOR EXPENDITURES IN THE PROGRAM, AND ESTABLISH ARTISTS' RIGHTS IN CONNECTION WITH THE PROGRAM.

Rep. T. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.

Rep. HEARN moved that the House recur to the morning hour, which was agreed to by a division vote of 43 to 39.

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

H. 3804 -- Rep. Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-125 SO AS TO PROVIDE THAT CERTAIN MEMBERS OF STATE AND LOCAL BOARDS, COMMISSIONS, AND COMMITTEES ARE ELIGIBLE TO PARTICIPATE WITHOUT COST TO THE STATE IN ANY INSURANCE PROGRAM OR PLAN OFFERED BY THE STATE TO ITS EMPLOYEES.

Referred to Committee on Ways and Means.

H. 3805 -- Reps. McLeod, Townsend, Blackwell, Phillips, Kay, Blanding, G. Brown, J. Brown, Bruce, Cole, Cooper, Corbett, Elliott, Fair, Fant, Farr, Kirsh, Lanford, Lockemy, L. Martin, McBride, McGinnis, Nesbitt, Quinn, Rhoad, Neilson, Gordon, Mattos, Chamblee, Davenport, Haskins, Vaughn, Simpson, Wofford, Winstead, Holt, Rama, K. Bailey, McElveen, Tucker and P. Harris: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE STATE FORESTRY COMMISSION UPON THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE EFFECTIVE JULY 1, 1989, AND TO TRANSFER THE ASSETS AND LIABILITIES OF THE STATE FORESTRY COMMISSION TO THE DEPARTMENT OF AGRICULTURE EFFECTIVE JULY 1, 1989.

Referred to Committee on Agriculture and Natural Resources.

The following Bill was taken up.

S. 202 -- Finance Committee: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND COLLECTION OF TAXES, BY ADDING ARTICLE 5, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS.

Rep. KIRSH explained the Bill.

Rep. McEACHIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

S. 219 -- Finance Committee: A BILL TO AMEND SECTION 12-15-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING REQUIREMENTS FOR SOUTH CAROLINA ESTATE TAX RETURNS, SO AS TO INCREASE THE GROSS ESTATE AMOUNT ABOVE WHICH RETURNS MUST BE FILED IN COORDINATION WITH PHASED-IN INCREASES IN THE SPECIFIC EXEMPTIONS FOR ESTATES.

Rep. KIRSH explained the Bill.

S. 283 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 56-3-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO PROVIDE THAT UPON EVIDENCE OF RELIABILITY IN THE PAYMENT OF ITS OBLIGATIONS THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ACCEPT THE CHECK OF A MOTOR CARRIER COMPANY IN PAYMENT OF APPLICABLE FEES AND ASSESSMENTS.

H. 3767 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JUBILATION HOUSE, INC., IN HORRY COUNTY.

H. 3771 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-65-120, 40-65-130, 40-65-170, AND 40-65-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOIL CLASSIFIERS, SO AS TO CHANGE QUALIFICATIONS FOR CERTIFICATION, PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION SHALL SIGN EACH CERTIFICATE OF REGISTRATION, AND EXEMPT FROM REGULATION BY THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION A PERSON WHO CLASSIFIES SOIL ON THE REAL ESTATE OF HIS EMPLOYER.

Rep. SNOW explained the Bill.

H. 3772 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, ROCKY RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1052, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 3778 -- Reps. Keegan, Elliott and Barfield: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BURGESS ORGANIZATION FOR THE ADVANCEMENT OF YOUNG PEOPLE, INC., IN HORRY COUNTY.

H. 3779 -- Rep. Farr: A BILL 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.

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 219 be read the third time tomorrow.

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that S. 283 be read the third time tomorrow.

On motion of Rep. CORBETT, with unanimous consent, it was ordered that H. 3767 be read the third time tomorrow.

On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 3771 be read the third time tomorrow.

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3772 be read the third time tomorrow.

On motion of Rep. KEEGAN, with unanimous consent, it was ordered that H. 3778 be read the third time tomorrow.

On motion of Rep. FARR, with unanimous consent, it was ordered that H. 3779 be read the third time tomorrow.

The following Bill was taken up.

H. 3657 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6766k), which was adopted.

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

SECTION 1. The first paragraph of Section 42-9-290 of the 1976 Code, as last amended by Act 390 of 1988, is further amended to read:

"If death results proximately from an accident and within two years of the accident or while total disability still continues and within six years after the accident, the employer shall pay or cause to be paid, subject, however, to the provisions of the other sections of this title, in one of the methods provided in this chapter, to the dependents of the employee wholly dependent upon his earnings for support at the time of the accident, a weekly payment equal to sixty-six and two-thirds percent of his average weekly wages, but not less than twenty-five seventy-five dollars a week so long as this amount does not exceed his average weekly wages; if this amount does exceed his average weekly wages, the amount payable may not be less than his average weekly wages nor more than the average weekly wage in this State for the preceding fiscal year, for a period of five hundred weeks from the date of the injury, and burial expenses up to but not exceeding twenty-five hundred dollars. If the employee leaves dependents, only partly dependent upon his earnings for support at the time of the injury, the weekly compensation to be paid must equal the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependence bears to the annual earnings of the deceased at the time of his injury. When weekly payments have been made to an injured employee before his death, the compensation to dependents begins from the date of the last of such payments but does not continue more than five hundred weeks from the date of the injury. Compensation under this title to aliens not residents (or about to become nonresidents) of the United States or Canada is the same in amount as provided for residents, except that dependents in any foreign country are limited to a surviving spouse and child or children or, if there be no surviving spouse or child, to a surviving father or mother whom the employee has supported, either wholly or in part, for a period of three years before the date of the injury, and except that the commission may, at its option, or upon the application of the insurance carrier, commute all future installments of compensation to be paid to such aliens by paying or causing to be paid to them one-half of the commuted amount of future installments of compensation as determined by the commission."

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

Amend title to conform

Rep. HEARN explained the amendment.

The amendment was then adopted.

Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3541 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY, SO AS TO PROVIDE FOR ALL EXISTING INFORMATION TO BE MADE AVAILABLE WITHIN FOURTEEN DAYS AFTER WRITTEN REQUEST, AND TO PROVIDE FOR THE COSTS FOR RECEIVING THE INFORMATION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6765k), which was adopted.

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

SECTION 1. Section 42-15-95 of the 1976 Code is amended to read:

"Section 42-15-95. All existing information compiled by any a treatment facility pertaining directly to a workers' compensation claim shall must be made available provided within fourteen days after written request to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Industrial Workers Compensation Commission, upon request. The cost for receiving this information is fifty cents a page or five dollars, whichever is greater. Actual postage costs, if any, also must be paid for receiving the information."

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

Rep. HEARN explained the amendment.

The amendment was then adopted.

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

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3541 be read the third time tomorrow.

The following Bill was taken up.

H. 3077 -- Reps. Kirsh and McLellan: A BILL TO REPEAL SECTIONS 12-27-430 AND 12-27-431, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX AND TAX CREDITS ON FUEL ETHANOL BLENDS.

Rep. BARFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3770 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 12-27-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ETHANOL MOTOR FUEL TAX INCENTIVE, SO AS TO ADD CORN AND ITS BY-PRODUCTS TO THE LIST OF FEED STOCKS IN THE DEFINITION OF FUEL ETHANOL, PROVIDE THAT TO QUALIFY FOR THE INCENTIVE THE PRINCIPAL FEED STOCK FROM WHICH FUEL ETHANOL IS DISTILLED MUST BE GROWN IN THIS STATE, AND TO DELETE THE RECIPROCITY PROVISION WHICH GIVES INCENTIVES TO PRODUCERS OF FUEL ETHANOL PRODUCED OUTSIDE OF THIS STATE.

Rep. SNOW explained the Bill.

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 3777 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LONG-TERM CARE INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1071, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALDROP made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3781 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-28-10, 40-28-40, 40-28-80, 40-28-100, 40-28-110, 40-28-120, 40-28-140, 40-28-160, 40-28-170, 40-28-180, 40-28-190, AND 40-28-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF "LANDSCAPE ARCHITECT" AND "LANDSCAPE ARCHITECTURE", TO REQUIRE MEMBERS OF THE COUNCIL APPOINTED BY THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS TO BE REGISTERED LANDSCAPE ARCHITECTS, TO CHANGE REFERENCES TO CERTIFICATES TO CERTIFICATES OR LICENSES, TO CHANGE QUALIFICATION AND EXAMINATION REQUIREMENTS FOR LICENSURE, TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY A PARTNERSHIP OR CORPORATION, TO CHANGE FEES, AND TO CHANGE PENALTY PROVISIONS.

Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Rep. HASKINS moved that the House do now adjourn.

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

The House refused to adjourn by a division vote of 2 to 68.

Rep. CHAMBLEE withdrew his objection to the following Bill whereupon objections were raised by Reps. BLACKWELL and BLANDING.

H. 3241 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO FIFTY THOUSAND DOLLARS.

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3499 be read the third time tomorrow.

On motion of Rep. KEYSERLING, with unanimous consent, the following Resolution was ordered recalled from the Committee on Agriculture and Natural Resources.

S. 511 -- Senator Moore: A CONCURRENT RESOLUTION EXTENDING TO JANUARY 31, 1990, THE DEADLINE FOR "THE LEGISLATIVE TASK FORCE TO STUDY ALTERNATIVES TO LANDFILL DISPOSITION OF SOLID WASTE" TO MAKE ITS FINAL REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AFTER WHICH THE TASK FORCE IS DISSOLVED.

Rep. FERGUSON asked unanimous consent to recall H. 3095 from the Committee on Education and Public Works.

Rep. McGINNIS objected.

Rep. SIMPSON asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.

Rep. TAYLOR objected.

Rep. BARFIELD asked unanimous consent to recall H. 3255 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

Rep. RUDNICK asked unanimous consent to recall H. 3351 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. L. MARTIN objected.

Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of the Senate Amendments, Rep. BAXLEY having the floor.

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

Rep. BAXLEY continued speaking.

Rep. HENDRICKS spoke against the Senate Amendments.

The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.

The Senate Amendments to the following Bill were taken up for consideration.

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

Rep. McLELLAN proposed the following Amendment No. 2 (Doc. No. 2563U), which was adopted.

Amend the bill, as and if amended, in SECTION 1, by adding the following new sentence at the end of SECTION 1:

/Once this transfer is made, no further transfers may be made without the authorization of the General Assembly by act or joint resolution, or without the authorization of the Budget and Control Board./

Amend title to conform.

Rep. McLELLAN explained the Senate Amendment.

The amendment was then adopted.

The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

The Senate Amendments to the following Bill were taken up for consideration.

H. 3123 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2580 SO AS TO ALLOW THE USE OF SNARES FOR BEAVERS IN WATER-SETS.

The Senate Amendments were 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.

Rep. McCAIN moved that the House do now adjourn.

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

The motion to adjourn was then agreed to by a division vote of 48 to 40.

The Senate returned to the House with concurrence the following:

H. 3787 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE REVEREND ZEBULUN DELOACHE SMITH, SR., OF ANDERSON, WHO DIED RECENTLY.

H. 3803 -- Reps. McLeod, Baxley, Blanding, G. Brown and McElveen: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO SUMTER COUNTY'S FURMAN HIGH SCHOOL INDIAN BASKETBALL TEAM AND ITS COACH, MR. CALVIN MCROY, ON WINNING THE STATE CLASS AA BASKETBALL CHAMPIONSHIP HELD AT THE CAROLINA COLISEUM ON MARCH 18, 1989.

At 11:15 A.M. the House in accordance with the motion of Rep. McCAIN adjourned to meet at 10:00 A.M. tomorrow.

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