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

FRIDAY, MARCH 31, 1989

Friday, March 31, 1989
(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:

Almighty God and Father, we turn to You in these moments of prayer seeking light for our lives, hope for our hearts, strength for our wills. We pray for a greater faith, a higher wisdom, broader sympathies and a deeper good will for we admit that we are tempted to doubt, to yield to moods of depression and even to become cynical. As we face the waiting tasks and challenges of this day, help us to follow Your way more closely and make us wise enough to do what we ought to do.

In the Name of Jesus we make our prayer. 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. 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, OR 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

ORDERED ENROLLED FOR RATIFICATION

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

S. 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.

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.

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.

ADJOURNMENT

At 10:30 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 4.


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