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

TUESDAY, FEBRUARY 17, 1987

Tuesday, February 17, 1987
(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:

We thank You, Heavenly Father, for Your never failing nearness, love and forgiveness. So in our problems, counsel us; in our sorrows, comfort us; in our successes, discipline us; in our weaknesses, sustain us. Set us free from errors and faults that blind us, from doubts and fears that would lay us low. Keep clear our vision of those ideals that call and challenge us to a life of honor and service. Make us, we pray, worthy of the past and equal to the present. May the healing breezes of good will blow across our minds, cleansing us from all narrowness and selfishness.

To You, O God, we pour out our hearts in praise and thankfulness. 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.

REPORT OF STANDING COMMITTEE

Rep. HUFF, from the Aiken Delegation, submitted a favorable report, with amendments, on:

H. 2119 -- Aiken Delegation: A BILL TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1988.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 2471 -- Reps. Barfield, Pearce, Thrailkill and Elliott: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COLLINS ALEXANDER SPIVEY, SR., OF CONWAY IN HORRY COUNTY, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 391 -- Senator Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE THE NOTABLE AND PRODUCTIVE PUBLIC AND BUSINESS CAREER OF BUCK MICKEL OF GREENVILLE, VICE-CHAIRMAN OF CALIFORNIA-BASED FLUOR CORPORATION, AND CHAIRMAN OF GREENVILLE-BASED DANIEL INTERNATIONAL CORPORATION, AND TO EXTEND BEST WISHES FOR A PLEASANT AND PRODUCTIVE RETIREMENT.

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

INTRODUCTION OF BILLS

The following Joint Resolutions were introduced, read the first time, and ordered placed on the Calendar without reference:

H. 2472 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROMOTION POLICY, DESIGNATED AS REGULATION DOCUMENT NUMBER 724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 2473 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 694, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Baker
Barfield               Baxley                 Beasley
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Corning
Dangerfield            Day                    Derrick
Elliott                Faber                  Fair
Felder                 Ferguson               Foxworth
Gilbert                Gordon                 Harris, P.
Haskins                Hawkins                Hearn
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Limehouse
Mappus                 Martin, D.             Martin, L.
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Petty                  Phillips, L.           Rhoad
Rogers, J.             Rogers, T.             Russell
Sharpe                 Sheheen                Simpson
Sturkie                Taylor                 Thrailkill
Toal                   Townsend               Tucker
Wells                  Whipper                Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 17, 1987.

Derial Ogburn                     James E. Lockemy
M. Washington                     Parker Evatt
M.J. Cooper                       John H. Burriss
Juanita M. White                  L. Edward Bennett
Kenneth E. Bailey                 Irene Rudnick
James Mattos                      John Snow
William H. Jones                  Jack Gregory
E. Crosby Lewis                   Robert A. Kohn
Samuel Foster                     James Arthur
Dave Waldrop, Jr.                 Robert Hayes, Jr.
Joseph McElveen

Total Present--111

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on February 17, 1987.

Sara V. Shelton     Charles Rice

G. Ralph Davenport     Jean Harris

Larry Gentry     Olin Phillips

LEAVES OF ABSENCE

The SPEAKER granted Rep. EDWARDS a temporary leave of absence.

The SPEAKER granted Rep. CORK a leave of absence for the week due to business reasons.

The SPEAKER granted Rep. HEARN a temporary leave of absence.

DOCTOR OF THE DAY

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

SENT TO THE SENATE

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

H. 2179 -- Reps. Waldrop, Haskins, Blackwell and Limehouse: A BILL TO AMEND SECTION 40-6-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ISSUE REPRIMANDS FOR MISCONDUCT WHICH DOES NOT WARRANT SUSPENSION OR REVOCATION OF A LICENSE.

H. 2181 -- Reps. Waldrop, Hearn and Limehouse: A BILL TO AMEND SECTION 40-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO CHANGE THE METHOD OF SUBMITTING NOMINATIONS FOR APPOINTMENTS TO THE SOUTH CAROLINA AUCTIONEERS' COMMISSION.

H. 2150 -- Rep. Harvin: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE REGISTRATION AND LICENSE PLATES FOR PRISONERS OF WAR, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MAY RETAIN THE LICENSE PLATE AND ALL THE PRIVILEGES INCIDENT TO IT FOR LIFE OR UNTIL REMARRIAGE AND TO PROVIDE THAT THEIR CHILDREN MAY RETAIN THE PLATE AS A MEMENTO WHEN THE VEHICLE ON WHICH IT WAS ATTACHED IS TRANSFERRED.

H. 2234 -- Reps. McElveen, E.B. McLeod, Wilkins, Baxley, Blanding, G. Brown, J.W. Johnson and Huff: A BILL TO AMEND SECTION 20-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCE REQUIREMENTS IN ORDER TO INSTITUTE AN ACTION FOR DIVORCE SO AS TO PROVIDE THAT THE TERMS "RESIDENTS" OR "RESIDED" AS USED IN THIS SECTION AS IT APPLIES TO A PLAINTIFF OR DEFENDANT STATIONED IN THIS STATE ON ACTIVE DUTY MILITARY SERVICE MEANS A CONTINUOUS PRESENCE IN THIS STATE FOR THE PERIOD REQUIRED REGARDLESS OF INTENT TO PERMANENTLY REMAIN IN SOUTH CAROLINA.

H. 2255 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 5-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS WITHIN CITIES, SO AS TO REVISE THE PROCESS REQUIRED FOR CREATION OF A DISTRICT.

Rep. BOAN explained the Bill.

H. 2452 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO WARNING TICKETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 727, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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. 159 -- Senator Williams: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES IN CIRCUIT COURTS, SO AS TO CHANGE THE REFERENCE TO "RAPE" TO "CRIMINAL SEXUAL CONDUCT".

H. 2100--DEBATE ADJOURNED

Rep. HAWKINS moved to adjourn debate upon the following Bill, which was adopted.

H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21 -840.

H. 2102--DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, March 3, which was adopted.

H. 2102 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-415 SO AS TO REQUIRE THAT THE RESULTS OF A COMPLETE PHYSICAL EXAMINATION OF A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY THE PETITION FOR EMERGENCY ADMISSION TO A MENTAL HEALTH FACILITY.

H. 2024--DEBATE ADJOURNED

The following Bill was taken up.

H. 2024 -- Reps. Hayes and P. Bradley: A BILL TO AMEND SECTION 56-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1997Y).

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

/SECTION 1. Section 56-9-820 of the 1976 Code is amended to read:

"Section 56-9-820. No policy or contract of bodily injury liability insurance or of property damage liability insurance, covering liability arising from the ownership, maintenance, or use of any motor vehicle, shall be issued or delivered in this State to the owner of such the vehicle, or shall be issued or delivered by an insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such these motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows: fifteen thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to such this limit for one person, thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and five ten thousand dollars because of injury to or destruction of property of others in any one accident."

SECTION 2. No additional premium shall be charged for the increase in coverage provided by Section 1 of this act until the renewal date of a policy.

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. DANGERFIELD explained the amendment and moved to adjourn debate upon the Bill, which was adopted.

H. 2124--DEBATE ADJOURNED

Rep. AYDLETTE moved to adjourn debate upon the following Bill, which was adopted.

H. 2124 -- Rep. Aydlette: A BILL TO AMEND SECTION 38-37-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, THE AVOIDANCE OF CERTAIN CLASSES OR TYPES OF RISK, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO MAKE IT AN ACT OF UNLAWFUL DISCRIMINATION AND UNFAIR COMPETITION FOR AN INSURER TO TERMINATE ITS INSURANCE BUSINESS WITH ANY ONE AGENT OVER THE WRITING OF CERTAIN CLASSES OR TYPES OF AUTOMOBILE INSURANCE RISKS WITHOUT ALSO PULLING OUT OF THE ENTIRE STATE OR TERMINATING ITS SIMILAR BUSINESS WITH ALL OTHER AGENTS IN THE STATE AT THE SAME TIME AND TO DO ANYTHING UNFAIR, OR UNFAIRLY FAIL TO DO ANYTHING, WHICH HAS THE EFFECT OF, OR RESULTS IN, CAUSING ANY CEDED INSURANCE BUSINESS TO HAVE A DETRIMENTAL EFFECT ON ANY INCENTIVE BONUSES PAID BY THE INSURER TO AGENTS, AND TO INCREASE THE PERIOD OF REVOCATION OR SUSPENSION OF THE INSURER'S CERTIFICATE OF AUTHORITY, AS A PENALTY FOR THESE AND CERTAIN OTHER UNLAWFUL, WILFUL ACTS, FROM SIX TO TWELVE MONTHS, AND TO PROHIBIT INSURERS FROM USING BUSINESS PLACED IN THE REINSURANCE FACILITY WHEN DETERMINING QUALITY BONUS.

ORDERED TO THIRD READING

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

H. 2180 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW THE EXEMPTING OF PERSONS ENGAGED IN AUCTIONEERING BUSINESSES ON MAY 24, 1977, FROM HAVING TO BE LICENSED AS AN APPRENTICE BEFORE BEING LICENSED AS AN AUCTIONEER.

H. 2182 -- Reps. Waldrop, Blackwell, Haskins and Limehouse: A BILL TO AMEND SECTION 40-6-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL REQUIREMENTS FOR LICENSES FOR AUCTIONEERS, SO AS TO PROVIDE THAT THE CREDIT RECORD OF ANY APPLICANT MAY BE CONSIDERED BY THE AUCTIONEERS' COMMISSION IN DETERMINING WHETHER OR NOT TO LICENSE THE APPLICANT AND TO ESTABLISH A FEE FOR A CREDIT INVESTIGATION.

Rep. T.M. BURRISS explained the Bill.

H. 2183 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS.

Rep. T.M. BURRISS explained the Bill.

H. 2185 -- Reps. Waldrop, Gentry, Haskins, Limehouse and Mattos: A BILL TO AMEND SECTION 40-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT NO DISCIPLINARY ACTION MAY BE TAKEN AGAINST A LICENSEE OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION WITHOUT A PUBLIC HEARING.

H. 2215--DEBATE ADJOURNED

Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.

H. 2215 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-375 SO AS TO REQUIRE PROPERTY OR CASUALTY INSURANCE COMPANIES TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN IN EACH CONGRESSIONAL DISTRICT AT LEAST ONE RESIDENT ADJUSTER WHO IS A FULL-TIME EMPLOYEE OF THE COMPANY FOR THE PURPOSE OF INVESTIGATION AND SETTLEMENT OF CLAIMS, AND TO PROVIDE THAT FAILURE TO SO MAINTAIN THESE ADJUSTERS IS GROUNDS FOR REVOCATION OF THE COMPANY'S AUTHORIZATION TO DO BUSINESS IN THIS STATE.

H. 2011--POINT OF ORDER

The following Bill was taken up.

H. 2011 -- Reps. Ferguson and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2038Y).

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

/SECTION 1. Section 56-3-620 of the 1976 Code, as last amended by Section 42 of Part II of Act 540 of 1986, is further amended to read:

"Section 56-3-620.     (1) For persons sixty-five years of age or older, or persons who are handicapped as this term is defined in Section 56-3-1950, the annual registration fee for every private passenger-carrying vehicle shall be ten dollars. The annual registration fee for the passenger-carrying vehicle or the property-carrying vehicle with a gross weight of five thousand pounds or less of a person who is sixty-five years of age or older or persons who are handicapped, as the term handicapped is defined in Section 56-3-1950, is ten dollars. The ten dollar registration fee applies to only one vehicle for each registered owner who is handicapped or sixty-five years of age or older. The vehicle to which the ten dollar annual registration fee applies must be used for personal use and not for commercial use.

(2) For all persons under the age of sixty-five years, the annual registration fee for every private passenger-carrying vehicle shall be is seventeen dollars.

(3) For persons sixty-five years of age or older, the annual registration fee for any property-carrying vehicle with a gross weight of five thousand pounds or less shall be fifteen dollars."

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. PEARCE raised the Point of Order that the Bill (H. 2011) was out of order as it affected state revenues and did not have a Fiscal Impact Statement attached, in accordance with Rule 5.13.

The SPEAKER sustained the Point of Order, stated that the Bill was out of order until such time as a Fiscal Impact Statement was submitted and attached to the Bill, and he ordered the Bill remain on the Calendar until such time.

H. 2055--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2055 -- Reps. Kirsh, Nesbitt and P. Bradley: A BILL TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE FOR COMPULSORY PUBLIC OR PRIVATE SCHOOL ATTENDANCE, SO AS TO INCREASE THE MAXIMUM AGE FROM SIXTEEN TO SEVENTEEN YEARS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2035Y), which was adopted.

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

/SECTION 1. Subsection (A) of Section 59-65-10 of the 1976 Code is amended to read:

"(A) All parents or guardians shall cause their children or wards who are in the age group of five to sixteen years, inclusive, to regularly attend a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education; from the school year in which the child or ward is five years of age before November first until the child or ward attains his seventeenth birthday or graduates from high school.

Provided, Further, That any Any parent or guardian whose child or ward is not six years of age on or before the first day of November of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian must sign a written document making such election with the governing body of the school district wherein the parent or guardian resides. The form of this written document shall must be prescribed by regulation of the Department of Education. Upon such a the written election being executed, that child or ward may not be required to attend kindergarten."

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

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. HOLT raised the Point of Order that the Bill (H. 2055) was out of order as it did not have a Fiscal Impact Statement attached.

The SPEAKER stated it did not affect state revenues or expenditures, did not need a Fiscal Impact Statement, and he overruled the Point of Order.

Rep. KIRSH explained the Bill.

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

H. 2117--DEBATE ADJOURNED

The following Bill was taken up.

H. 2117 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.

Rep. KIRSH explained the Bill and moved to adjourn debate upon the Bill, which was adopted.

H. 2231--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 2231 -- Reps. M.D. Burriss, Hearn and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-35 SO AS TO PROVIDE THAT A MEMBER OF THE ARMED SERVICES OF THE UNITED STATES WHO BECOMES A PERMANENT RESIDENT OF THE STATE MAY HAVE THIRTY DAYS TO OBTAIN A SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE THAT HE MUST BE ISSUED A SOUTH CAROLINA DRIVER'S LICENSE WITHOUT EXAMINATION IF HE HAS A VALID DRIVER'S LICENSE FROM ANOTHER STATE OR TERRITORY OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA AT THE TIME OF HIS APPLICATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1958Y).

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 56-1-35. A member of the Armed Services of the United States and his dependents, who become permanent residents of this State, have ninety days to apply for a South Carolina driver's license, and they must be issued a license without examination except for the visual test required by Section 56-1-210 if they have a valid driver's license from another state or territory of the United States, or the District of Columbia. The license expires on the licensee's birth date which occurs within the fourth calendar year in which the license is issued."

SECTION 2. Item (3) of Section 56-1-30 of the 1976 Code is amended to read:

"(3) Any nonresident who is at least eighteen years of age and whose home state or country does not require the licensing of operators may operate a motor vehicle for a period of not more than ninety days in any calendar year, if the motor vehicle so operated is duly registered in the home state or country of such the nonresident and a nonresident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and the nonresident's spouse or dependent who has a valid license issued by his home state; and".

SECTION 3. Section 56-1-30 of the 1976 Code is amended by adding a new item to read:

" (5) Any person on active duty in the Armed Forces of the United States who has in his immediate possession a valid driver's license issued in a foreign country or by the Armed Forces of the United States may operate a motor vehicle in this State for a period of not more than ninety days from the date of his return to the United States."

SECTION 4. This act takes effect upon approval by the Governor./

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

Rep. KLAPMAN objected to the Bill.

Rep. ALTMAN moved to adjourn debate upon the Bill, which was adopted.

H. 2232--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2232 -- Reps. M.D. Burriss and Day: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OF DRIVER'S LICENSES AND THE RENEWAL THEREOF SO AS TO PROVIDE THAT IF THE LICENSE OF ANY PERSON EXPIRES AND HE WAS UNABLE TO RENEW IT BECAUSE HE WAS ON ACTIVE MILITARY DUTY OUTSIDE THIS STATE FOR THIRTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION DATE, HE MAY WITHIN A PERIOD OF THIRTY DAYS AFTER RETURNING TO THIS STATE RENEW THE LICENSE IN THE MANNER PERMITTED BY THIS SECTION AS THOUGH THE LICENSE HAD NOT EXPIRED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1972Y), which was adopted.

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

/SECTION 1. Section 56-1-210 of the 1976 Code is amended to read:

"Section 56-1-210. Every license issued on and after July 1, 1965, shall expire expires on the licensee's birth date which occurs within on the fourth calendar year after the calendar year in which the license it is issued. Every license issued prior to July 1, 1965, shall expire on the licensee's first birth date occurring after June 30, 1969. Every license shall be is renewable on or before its expiration date upon application therefor and the payment of the required fee. The Department shall require a vision test of the applicant: Provided, that the The vision examination may be waived upon the submission of a certificate from any person authorized by law to examine eyes.

No license shall may be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee shall is not be required to take the road test provided in Section 56-1-130; provided, further, that only the visual examination shall be is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal. For cause shown, the Department may require the submission by the applicant of evidence satisfactory to the Department of the applicant's mental and physical fitness to drive, and his knowledge of traffic laws and regulations. If such the evidence is not satisfactory to the Department, the Department may require an examination of the applicant as upon an original application. Provided, further, that parallel Parallel parking shall is not be required as a part of the driver test.

If the license of any person expires and he was unable to renew it before its expiration date because he was on active military duty outside this State for a continuous period of at least thirty days immediately prior to the expiration date or because he was the spouse or dependent living for a continuous period of at least thirty days immediately prior to the expiration date with a person on active military duty outside this State, the person may within forty-five days after returning to this State renew the license in the manner permitted by this section as though the license had not expired. The Department may require proof that a person qualifies for renewal of his license under this paragraph as the Department considers necessary."

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

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

H. 2033--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2033 -- Reps. Hayes and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO CONTRACT WITH ONE ANOTHER FOR THE PURPOSE OF CRIMINAL INVESTIGATION ONLY AND TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTION WITHIN OTHER JURISDICTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1865Y), which was adopted.

Amend the bill, as and if amended, p. 1, SECTION 1, by striking on line 4 of Section 23-1-215: /it is permissible to allow/ and inserting /,/ and by inserting on line 5 after /officers/: /are authorized to exercise/.

Amend further, subsection (B) of Section 23-1-215, as contained in SECTION 1, p. 1, by adding before the period at the end /as long as the officer possesses a copy of this agreement/.

Amend further, by adding at the end of subsection (C) of Section 23-1-215, as contained in SECTION 1, p. 1: /The bond for any officer operating under the agreement shall include coverage for his activity in the municipality or county covered by the agreement in the same manner and to the same extent provided by bonds of regularly employed officers of that municipality or county./

Amend further, subsection (D) of Section 23-1-215, as contained in SECTION 1, line 1, by adding after the word /terminated/ on line 2: /in writing/ and by inserting at the end /The termination must be delivered or mailed to the appropriate agencies with return receipt requested./

SECTION 1, when amended, shall read:

/SECTION 1. The 1976 Code is amended by adding:

"Section 23-1-215. (A) In the event of a crime or any criminal activity where multiple jurisdictions, either county or municipal, are involved, law enforcement officers are authorized to exercise jurisdiction within other counties or municipalities for the purpose of criminal investigation only if a written agreement between or among the law enforcement agencies involved has been executed.

(B) Any law enforcement officer working under this agreement is vested with equal authority and jurisdiction outside his resident jurisdiction for the purpose of investigation, arrest, or any other activity related to the criminal activity for which the agreement was drawn as long as the officer possesses a copy of this agreement.

(C) The agreement authorized in subsection (A) does not affect or reduce the compensation, pension, or retirement rights of any officer and the officers shall continue to be paid by the county or municipality where they are permanently employed. The bond for any officer operating under the agreement shall include coverage for his activity in the municipality or county covered by the agreement in the same manner and to the same extent provided by bonds of regularly employed officers of that municipality or county.

(D) The agreement authorized by this section may be terminated in writing at the discretion of any of the law enforcement agencies involved. The termination must be delivered or mailed to the appropriate agencies with return receipt requested."

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 2155--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2155 -- Reps. McEachin, Gilbert and McKay: A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A STATEMENT OF ACCOUNT MUST BE SERVED WITHIN NINETY DAYS ON AN OWNER IN ORDER TO PRESERVE A MECHANICS LIEN, SO AS TO CHANGE THIS REQUIRED TIME FROM NINETY DAYS TO SIX MONTHS, AND TO AMEND SECTION 29-5-120, RELATING TO THE REQUIREMENT THAT A MECHANICS LIEN IS DISSOLVED IF A SUIT THEREON TO ENFORCE THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS AFTER THE LABOR AND MATERIALS WERE FURNISHED, SO AS TO CHANGE THIS TIME FROM SIX MONTHS TO ONE YEAR.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 12, by the Committee on Judiciary.

Rep. McEACHIN explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the amendment.

RECURRENCE TO THE MORNING HOUR

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

ORDERED TO THIRD READING

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

H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21-840.

Rep. WHITE explained the Bill.

H. 2024--DEBATE ADJOURNED

Rep. L. MARTIN moved to adjourn debate upon the following Bill, which was adopted.

H. 2024 -- Reps. Hayes and P. Bradley: A BILL TO AMEND SECTION 56-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT.

H. 2124--DEBATE ADJOURNED

Rep. AYDLETTE moved to adjourn debate upon the following Bill, which was adopted.

H. 2124 -- Rep. Aydlette: A BILL TO AMEND SECTION 38-37-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, THE AVOIDANCE OF CERTAIN CLASSES OR TYPES OF RISK, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO MAKE IT AN ACT OF UNLAWFUL DISCRIMINATION AND UNFAIR COMPETITION FOR AN INSURER TO TERMINATE ITS INSURANCE BUSINESS WITH ANY ONE AGENT OVER THE WRITING OF CERTAIN CLASSES OR TYPES OF AUTOMOBILE INSURANCE RISKS WITHOUT ALSO PULLING OUT OF THE ENTIRE STATE OR TERMINATING ITS SIMILAR BUSINESS WITH ALL OTHER AGENTS IN THE STATE AT THE SAME TIME AND TO DO ANYTHING UNFAIR, OR UNFAIRLY FAIL TO DO ANYTHING, WHICH HAS THE EFFECT OF, OR RESULTS IN, CAUSING ANY CEDED INSURANCE BUSINESS TO HAVE A DETRIMENTAL EFFECT ON ANY INCENTIVE BONUSES PAID BY THE INSURER TO AGENTS, AND TO INCREASE THE PERIOD OF REVOCATION OR SUSPENSION OF THE INSURER'S CERTIFICATE OF AUTHORITY, AS A PENALTY FOR THESE AND CERTAIN OTHER UNLAWFUL, WILFUL ACTS, FROM SIX TO TWELVE MONTHS, AND TO PROHIBIT INSURERS FROM USING BUSINESS PLACED IN THE REINSURANCE FACILITY WHEN DETERMINING QUALITY BONUS.

H. 2215--DEBATE ADJOURNED

Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.

H. 2215 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-375 SO AS TO REQUIRE PROPERTY OR CASUALTY INSURANCE COMPANIES TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN IN EACH CONGRESSIONAL DISTRICT AT LEAST ONE RESIDENT ADJUSTER WHO IS A FULL-TIME EMPLOYEE OF THE COMPANY FOR THE PURPOSE OF INVESTIGATION AND SETTLEMENT OF CLAIMS, AND TO PROVIDE THAT FAILURE TO SO MAINTAIN THESE ADJUSTERS IS GROUNDS FOR REVOCATION OF THE COMPANY'S AUTHORIZATION TO DO BUSINESS IN THIS STATE.

MOTION REJECTED

Rep. GREGORY moved to waive Rule 6.1, which was not agreed to.

H. 2117--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.

H. 2117 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.

H. 2231--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2231 -- Reps. M.D. Burriss, Hearn and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-35 SO AS TO PROVIDE THAT A MEMBER OF THE ARMED SERVICES OF THE UNITED STATES WHO BECOMES A PERMANENT RESIDENT OF THE STATE MAY HAVE THIRTY DAYS TO OBTAIN A SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE THAT HE MUST BE ISSUED A SOUTH CAROLINA DRIVER'S LICENSE WITHOUT EXAMINATION IF HE HAS A VALID DRIVER'S LICENSE FROM ANOTHER STATE OR TERRITORY OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA AT THE TIME OF HIS APPLICATION.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1 by the Committee on Education and Public Works.

The amendment was then adopted.

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

H. 2155--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2155 -- Reps. McEachin, Gilbert and McKay: A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A STATEMENT OF ACCOUNT MUST BE SERVED WITHIN NINETY DAYS ON AN OWNER IN ORDER TO PRESERVE A MECHANICS LIEN, SO AS TO CHANGE THIS REQUIRED TIME FROM NINETY DAYS TO SIX MONTHS, AND TO AMEND SECTION 29-5-120, RELATING TO THE REQUIREMENT THAT A MECHANICS LIEN IS DISSOLVED IF A SUIT THEREON TO ENFORCE THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS AFTER THE LABOR AND MATERIALS WERE FURNISHED, SO AS TO CHANGE THIS TIME FROM SIX MONTHS TO ONE YEAR.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 12, 1987, by the Committee on Judiciary.

The amendment was then adopted.

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

H. 2161--DEBATE ADJOURNED

The following Bill was taken up.

H. 2161 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF SUBMITTING APPLICATIONS FOR ABSENTEE BALLOTS, SO AS TO PROVIDE THAT APPLICATIONS BY ANYONE QUALIFIED TO VOTE BY ABSENTEE BALLOT WHO APPEARS IN PERSON MUST BE ACCEPTED UNTIL 5:00 P.M. ON THE DAY IMMEDIATELY PRECEDING THE ELECTION INSTEAD OF LIMITING THIS AUTHORIZATION TO PERSONS IN EMPLOYMENT AND ELECTORS WITH A DEATH OR FUNERAL IN THE FAMILY WITHIN A THREE-DAY PERIOD PRIOR TO THE ELECTION.

Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill, which was adopted.

H. 2162--DEBATE ADJOURNED

Rep. WASHINGTON moved to adjourn debate upon the following Bill, which was adopted.

H. 2162 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTIONS 7-15-310 AND 7-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO AMEND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AUNTS, UNCLES, NIECES, AND NEPHEWS; AND TO PROVIDE THAT THE ENVELOPE IN WHICH A VOTER PLACES AN ABSENTEE BALLOT MUST BE MARKED "BALLOT HEREIN", TO PROVIDE THAT THE ENVELOPE MAY BE DELIVERED PERSONALLY, BY MAIL, OR BY AN AUTHORIZED PERSON, AND TO PROVIDE A PROCEDURE FOR DELIVERY BY AN AUTHORIZED PERSON.

H. 2210--OBJECTIONS

The following Bill was taken up.

H. 2210 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS, AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.

Reps. BLACKWELL, BLANDING and WHITE objected to the Bill.

H. 2259--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2259 -- Reps. Wilkins, P. Bradley and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-555 SO AS TO MAKE A FELONY OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS A BOMB AND SECTION 16-11-556 SO AS TO MAKE A MISDEMEANOR OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS SO CONSTRUCTED AS TO REPRESENT, OR IS PRESENTED AS, A BOMB; TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 16-11-555.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 12, 1987, by the Committee on Judiciary.

The amendment was then adopted.

Rep. WILKINS explained the Bill.

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

H. 2296--ORDERED TO THIRD READING

The following Bill was taken up.

H. 2296 -- Reps. Rudnick, Washington, J. Brown and Jones: A BILL TO AMEND SECTION 20-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF LIQUOR BY MINORS AND A PERSON FALSELY REPRESENTING HIS AGE FOR THE PURPOSE OF PROCURING ALCOHOLIC LIQUOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

Rep. RUDNICK explained the Bill.

Rep. FELDER moved that the House do now adjourn which was rejected.

Rep. RUDNICK continued speaking.

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

H. 2299--OBJECTIONS

The following Bill was taken up.

H. 2299 -- Reps. Rudnick and Jones: A BILL TO AMEND SECTION 20-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENUE FOR ACTIONS FOR DIVORCE AND FOR SEPARATE SUPPORT AND MAINTENANCE, SO AS TO PROVIDE THAT THESE ACTIONS MAY BE TRIED IN THE PLAINTIFF'S COUNTY OF RESIDENCE IF THE DEFENDANT ACCEPTS SERVICE OF PROCESS WHEN THE ACTION IS BROUGHT IN THE PLAINTIFF'S COUNTY OF RESIDENCE AND DOES NOT MOVE FOR A CHANCE OF VENUE AS PROVIDED BY LAW.

Judiciary Committee proposes the following Amendment No. 1 (Doc. No. 1953Y).

Amend the bill, as and if amended, by striking Section 20-3-60 of the 1976 Code, as contained in Section 1, and inserting:

/Section 20-3-60. Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county in:

(a) in which the defendant resides at the time of the commencement of the action,;

(b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or;

(c) which the plaintiff resides if the defendant is served with process and does not move for a change of venue as provided by law; or

(e)(d) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides./

Amend title to conform.

Rep. WILKINS explained the amendment.

Reps. GREGORY, FELDER and McABEE objected to the Bill.

H. 2302--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2302 -- Reps. Rudnick, T. Rogers, Taylor, J. Brown and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 31, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, BY ADDING SECTION 58-31-410 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY SHALL HOLD A PUBLIC HEARING IN COLUMBIA PRIOR TO IMPOSING ANY RATE INCREASE AND TO PROVIDE THAT THE STATE CONSUMER ADVOCATE HAS A RIGHT TO APPEAR AT THE HEARING AND HAS THE RIGHT OF PRIOR ACCESS TO THE APPROPRIATE RECORDS OF THE AUTHORITY PERTAINING TO THE RATE INCREASE.

Judiciary Committee proposes the following Amendment No. 1 (Doc. No. 2036Y).

Amend the bill, as and if amended, by striking /Columbia/ on line 3 of Section 58-31-410 of the 1976 Code, as contained in Section 1, and inserting /Moncks Corner, South Carolina,/. When amended, Section 58-31-410 shall read:

/Section 58-31-410. The Public Service Authority shall hold a public hearing in Moncks Corner, South Carolina, prior to imposing any rate increase. The State Consumer Advocate has the right to appear at this hearing on behalf of the public.

In addition, the State Consumer Advocate has the right at reasonable times at least sixty days before the hearing to examine the appropriate records of the Public Service Authority pertaining to the rate increase./

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. WALDROP raised the Point of Order that it was now 1:00 P.M., and in accordance with Rule 6.1, the House was now in recess.

The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:15 P.M., at which time, in accordance with the proviso of Rule 6.1, the House would stand adjourned.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. RUDNICK having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2205 -- Reps. Evatt, Cooper, Beasley, Fair, Lewis, L. Phillips, Hayes, Klapman, Kay, Townsend, L. Martin and Blackwell: A CONCURRENT RESOLUTION INVITING DR. BILLY GRAHAM, WORLD RENOWNED EVANGELIST, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, APRIL 29, 1987.

H. 2471 -- Reps. Barfield, Pearce, Thrailkill and Elliott: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COLLINS ALEXANDER SPIVEY, SR., OF CONWAY IN HORRY COUNTY, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 1:01 P.M. the House in accordance with Rule 6.1 adjourned to meet at 2:00 P.M. tomorrow.

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