Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God Who gives light and life for each new day, endow us with ready wills that the hours of this day be well spent. Help us to meet with a sure confidence whatever this day may bring. Strengthen our weakness, sharpen our thinking, quiet our fretting. Keep us patient and understanding amid little irritations and major confrontations. For extra duties and prolonged sessions, impart to us added strength and wisdom. And above all, keep us worthy of the trust the voters have committed to us.
Lord, in Your mercy, hear with Your favor our prayer. 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 received.
Columbia, S.C., May 22, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Mullinax, Rose and Bryan of the Committee of Conference on the part of the Senate on S. 62:
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
Very respectfully,
President
No. 379
Received as information.
The following was received.
Columbia, S.C., May 22, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3026:
H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
Very respectfully,
President
No. 079
Received as information.
Rep. J. BAILEY moved to reconsider the vote whereby debate was adjourned on the following Bill until Wednesday, May 29, which was agreed to.
S. 915 -- Senators Drummond and Land: A BILL TO AMEND SECTION 38-73-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSIGNED RISKS, SO AS TO PROVIDE ASSIGNED RISK POOLS SHALL ACCEPT WORKERS' COMPENSATION INSURANCE POLICIES ON THE BASIS THAT THEY PROVIDE COVERAGE TO VENDORS PROVIDING LOGGING SERVICES TO THE NAMED INSURED.
The following was received and referred to the appropriate committee for consideration.
Document No. 1383
Promulgated By Clemson University
Japanese Beetle Quarantine
Received By Speaker May 23, 1991
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date September 20, 1991
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Mrs. Rosa Lee Kennedy, which was agreed to.
Rep. WHIPPER, from the Charleston Delegation, submitted a favorable report, on:
H. 3892 -- Rep. Gonzales: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 997 -- Senators Lourie, Long and Hinds: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO RECOGNIZE THE TREMENDOUS VALUE OF THE MYRTLE BEACH AIR BASE AS A MILITARY INSTALLATION AND A CRITICAL COMPONENT OF OUR NATION'S DEFENSE AND STRONGLY URGE THIS COMMISSION TO CLOSELY SCRUTINIZE AND REVIEW THE BASE CLOSING PROCESS AND SELECTION AND TO REMOVE THE MYRTLE BEACH AIR BASE FROM THE CLOSING LIST.
On motion of Rep. CORBETT, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 997 -- Senators Lourie, Long and Hinds: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO RECOGNIZE THE TREMENDOUS VALUE OF THE MYRTLE BEACH AIR BASE AS A MILITARY INSTALLATION AND A CRITICAL COMPONENT OF OUR NATION'S DEFENSE AND STRONGLY URGE THIS COMMISSION TO CLOSELY SCRUTINIZE AND REVIEW THE BASE CLOSING PROCESS AND SELECTION AND TO REMOVE THE MYRTLE BEACH AIR BASE FROM THE CLOSING LIST.
Whereas, the United States Department of Defense has recommended the closing of the Myrtle Beach Air Force Base; and
Whereas, this decision is being reviewed by the Defense Base Closure and Realignment Commission; and
Whereas, the commission will report recommendations to the President and if the President approves these recommendations the report will be submitted to Congress; and
Whereas, the Myrtle Beach Air Base is critical to this country's national security and clearly demonstrated this in mobilizing troops and supplies during Operation Desert Storm; and
Whereas, Myrtle Beach Air Base is one of our nation's few coastal bases providing a strategic and critical link in our national defense system which could not be replaced given the environmental protection afforded our country's endangered coastal wetlands; and
Whereas, over the years the Myrtle Beach Air Base and its surrounding communities have forged a very successful, neighborly relationship mutually beneficial to all; and
Whereas, the Air Base has been given use of the civilian airport and greatly benefits from the civilian resources allocated for runway and facility operation, maintenance, and improvements; and
Whereas, the region also has benefitted substantially from the presence of the base as it is a well-established, significant sector of the local economy and its closure would impose serious economic hardships on the families and communities in the area; and
Whereas, the selection of Myrtle Beach Air Base for closing raises many questions in that, among other things, it rated higher and would produce lesser savings than many other bases, including some not selected to be closed; and
Whereas, the proven role of this base in our nation's defense, its value as a significant, unique military installation, and its established place in our local community certainly warrant close scrutiny and review of the selection process and its proposed closing. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina memorializes the Defense Base Closure and Realignment Commission to recognize the tremendous value of the Myrtle Beach Air Base as a military installation and a critical component of our nation's defense and strongly urges this commission to closely scrutinize and review the base closing process and selection and to remove the Myrtle Beach Air Base from the closing list.
Be it further resolved that a copy of this resolution be forwarded to the Defense Base Closure and Realignment Commission in care of its chairman, Jim Courter, 1625 K Street, Northwest, Suite 400, Washington, D. C. 20006.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The Senate sent to the House the following:
S. 1004 -- Senator Martschink: A CONCURRENT RESOLUTION TO CONGRATULATE THE WANDO HIGH SCHOOL "WARRIORS" SOCCER TEAM AND ITS COACH, TOM REILLY, OF CHARLESTON COUNTY ON WINNING THE CLASS AAAA STATE SOCCER CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1005 -- Senators Long, Hinds, Gilbert, Bryan, Carmichael, Courson, Drummond, Fielding, Giese, Hayes, Helmly, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION URGING THE 1991 DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO VISIT THE MYRTLE BEACH AIR FORCE BASE TO DETERMINE THE FACTS FOR THEMSELVES AND COMMENDING THE EFFORTS OF THE SOUTH CAROLINA COMMITTEE ON MYRTLE BEACH AIR FORCE BASE FOR THEIR TIRELESS RESEARCH AND GENEROUS CONTRIBUTIONS OF TIME AND MANPOWER TOWARD THIS IMPORTANT STUDY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1007 -- Senators Macaulay and Passailaigue: A CONCURRENT RESOLUTION CONGRATULATING JOHN CANNADY, FORMER PLAYER WITH THE NEW YORK GIANTS OF THE NATIONAL FOOTBALL LEAGUE, ON HIS RECENT INDUCTION INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4022 -- Orangeburg Delegation: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION AND TO DEVOLVE UPON THE COUNTY SCHOOL DISTRICTS ALL POWERS AND DUTIES OF THE COUNTY BOARD EXCEPT FOR THE ELECTION OF TRUSTEES WHICH BECOMES THE RESPONSIBILITY OF THE COUNTY ELECTION COMMISSION AND FOOD SERVICE SUPERVISION AND ATTENDANCE SUPERVISORS WHICH BECOME THE RESPONSIBILITY OF A CONSORTIUM FORMED BY THE COUNTY SCHOOL DISTRICTS.
Without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baxley Beasley Beatty Boan Brown, G. Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Stoddard Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, May 23.
Tim Rogers John B. Williams Lenoir Sturkie Mike Jaskwhich John J. Snow, Jr. Danny Bruce John Felder Dell Baker Thomas E. Huff Larry Koon Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER granted Rep. GLOVER a leave of absence for the day.
Rep. SNOW signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 22.
Announcement was made that Dr. Calvin Snipes of Easley is the Doctor of the Day for the General Assembly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 14-1-210(2)(b) of the 1976 Code is amended to read:
"(b) an additional twenty percent of the total of a criminal fine imposed. No cost of court fee may be assessed in general sessions court where a term of imprisonment only is imposed as the punishment. If a portion of the criminal fine is suspended, the additional twenty percent of the total must be based upon the portion of the fine not suspended."
SECTION 2. Section 23-23-70 of the 1976 Code, as last amended by Act 60 of 1989, is further amended by adding after the first paragraph:
"If a portion of the fine is suspended, the sum added to it as set forth in items (a) through (e) must be based upon the portion of the fine not suspended."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John Drummond /s/E. LeRoy Nettles, Jr. /s/Theo W. Mitchell /s/James G. Mattos /s/Thomas H. Pope, III /s/J. Derham Cole On Part of the Senate. On Part of the House.
Rep. MATTOS explained the Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 4021 -- Reps. Rogers and J. Brown: A BILL TO AMEND ACT 280 OF 1979, RELATING TO THE TAX LEVY FOR RICHLAND AND LEXINGTON COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1991, A SCHOOL TAX FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICT 1 MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICT.
Rep. QUINN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11715.DW), which was adopted.
Amend the bill, as and if amended, page 1, Section 2 of Act 280 of 1979, as contained in SECTION 1, line 42, by inserting after /district./ /, provided that the budget for general operating purposes for School District 1 may not be increased more than five percent from the previous fiscal year plus an amount necessary to cover the inflationary percentage required by the Education Finance Act unless the increase is approved by the qualified electors of the district voting in a referendum. The Board of Trustees of School District 1 may seek this approval and the cost of the referendum must be borne by the district. If a referendum is conducted pursuant to the provisions of this section, another referendum may not be held for a period of one year./
Amend title to conform.
Rep. QUINN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11716.DW), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _______. Section 4 of Act 140 of 1969, as last amended by Act 611 of 1984, is further amended to read:
"Section 4. Any appointments, actions, or duties required of the Richland County Board of Education or the County Superintendent of Education which are not specifically devolved upon the Richland County Council are devolved upon the council on June 30, 1969. The Council may, in turn, delegate such actions and duties to the appropriate county or school district agency. Notwithstanding any other provision of law, merger or alteration of the boundaries within Richland County of the school districts situated in whole or in part in Richland County may be accomplished only by a majority vote approving the merger or the altered boundary lines by the members of the Richland County Legislative Delegation elected and serving at the time of the vote. The Richland County Legislative Delegation may by resolution provide for an advisory referendum to be conducted in a manner it determines to be appropriate prior to acting on any proposed merger or alteration of boundary lines of school districts. The expense of the referendum must be borne by the county. Before any action being taken on the alteration of a school district boundary in Richland County, a referendum must be conducted in each school district. The qualified electors of each district, voting separately, shall approve an alteration of a district. The expense of the referendum must be borne by the county. The referendum may be initiated by a petition signed by fifteen percent of the qualified electors of a school district. The referendum also may be initiated by a resolution of the governing body of both school districts. The petitions must be certified by the Richland County Election Commission. The commission shall conduct the election within one hundred twenty days of the certification of the petition. However, if, at the time the petition is certified, there are more than four months but less than twelve months until the next general election, the referendum must be conducted at the time of the next general election. The referendum is not binding unless a majority of the qualified electors in each school district voting separately approve the alteration of the district. The Richland County Election Commission shall conduct the referendum in accordance with the election laws of this State mutatis mutandis./
Renumber sections to conform.
Amend title to conform.
Rep. ROGERS moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved that when the House adjourns, it adjourn to meet in Local Session Friday and in Statewide Session on Monday, May 27 at 2:00 P.M.
Rep. RAMA moved to table the motion.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Burriss Corbett Haskins Houck Jaskwhich Keyserling Littlejohn McCain Rama Vaughn
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baxley Beasley Beatty Boan Brown, J. Burch Carnell Cato Chamblee Cooper Cork Elliott, L. Farr Foster Fulmer Gonzales Hallman Harris, J. Harrison Hayes Holt Jennings Johnson, J.W. Keegan Keesley Kempe Kinon Kirsh Manly Marchbanks Martin, L. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Phillips Quinn Rogers Ross Rudnick Scott Sheheen Shirley Smith Snow Stoddard Tucker Waldrop Wells Whipper Wilkins Williams, D. Williams, J. Wright Young, A. Young, R.
So, the House refused to table the motion.
The question then recurred to the motion to meet in Local Session Friday and in Statewide Session on Monday, May 27, at 2:00 P.M., which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
H. 3753 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO SHALL NOT BE LICENSED, SO AS TO ADD PERSONS WHOSE DRIVING PRIVILEGE IS SUBJECT TO BE SUSPENDED.
H. 3784 -- Rep. Quinn: A BILL TO AMEND SECTION 33-15-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION FOR THE CERTIFICATE MUST BE SIGNED BY AN ATTORNEY LICENSED TO PRACTICE IN THIS STATE.
H. 3813 -- Reps. Wilkins, Hayes, Gentry, Clyborne and Baxley: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.
H. 3805 -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH CHAPTER 55 OF TITLE 33 HAS AN INSURABLE INTEREST IN ANY LIFE INSURANCE POLICY IN WHICH IT IS IRREVOCABLY NAMED AS A BENEFICIARY.
H. 3842 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 41-33-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITIONING AND USE OF MONEY IN THE UNEMPLOYMENT TRUST FUND FOR THE PAYMENT OF ADMINISTRATION EXPENSES, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH THESE FUNDS MAY BE USED FOR THESE PURPOSES.
H. 3723 -- Reps. Burriss and Corning: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO ENACT THE "SOUTH CAROLINA INTERIOR DESIGNERS ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, REGULATIONS, PENALTIES, AND FEES.
H. 3786 -- Reps. Houck, J. Harris, L. Elliott and Jennings: A BILL TO AMEND SECTION 40-47-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS AND OFFICERS OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO FURTHER PROVIDE FOR TERMS OF OFFICE, CONSECUTIVE SERVICE, AND LIMITATIONS ON SERVICE AS AN OFFICER OF THE BOARD.
H. 4001 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO ARTICLE 4, MINIMUM STANDARDS MANUAL FOR PRACTICE OF LAND SURVEYING IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1338, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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. 814 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD (DIVISION OF STATE FIRE MARSHAL), RELATING TO FIRE AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1379, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 666 -- Senators Nell W. Smith and Holland: A BILL TO AMEND SECTION 20-7-1775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCOUNTING OF DISBURSEMENTS MADE BY OR ON BEHALF OF A PETITIONER IN CONNECTION WITH AN ADOPTION, SO AS TO INCLUDE RECEIPTS FOR REASONABLE LIVING EXPENSES ASSESSED AS COSTS.
S. 832 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, RELATING TO JUVENILE DETENTION SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1992, TO JANUARY 1, 1993.
S. 835 -- Senators Martschink and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.
S. 431 -- Senator Drummond: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT.
S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.
S. 843 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER, AND THAT IF A CIVIL OR CRIMINAL MATTER INVOLVES THE SUBSTANTIVE LEGAL RIGHTS OF ANY PARTY, THEN THE SUBSTANTIVE LEGAL PRINCIPLES, AS PROVIDED FOR IN STATUTES AND CASE LAW, MUST BE APPLIED.
S. 927 -- Judiciary Committee: A BILL TO AMEND CHAPTER 8, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT SECURITIES UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE SECURITIES, FOR THE RIGHTS, DUTIES, AND OBLIGATIONS OF THE HOLDERS AND ISSUES OF THESE SECURITIES, FOR THE PURCHASE, TRANSFER AND REGISTRATION OF THESE SECURITIES, AND FOR THE NEGOTIABILITY OF THESE SECURITIES AND OTHER RELATED PROVISIONS, AND TO AMEND SECTIONS 36-1-201, 36-5-114, 36-9-103, 36-9-105, 36-9-203, 36-9-302, 36-9-304, 36-9-305, 36-9-309, AND 36-9-312, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS IN ORDER TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 8.
S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.
S. 693 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF SUBLEASING AND THE LOAN ASSUMPTION OF A MOTOR VEHICLE.
Rep. L. MARTIN moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.
H. 3539 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT THE SAME LEVEL THAT WOULD BE PAID FOR CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY UNDER CERTAIN CONDITIONS, REQUIRE THE INSURER TO OFFER THIS NECESSARY CARE IN THE HOME OR COMMUNITY FOR THE INSURED'S OPTION BY MEANS OF A RIDER, AND PROVIDE AN EXCEPTION FOR OFFERING THE RIDER; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS AFTER THAT, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND REPORT TO THE GENERAL ASSEMBLY.
The following Bill was taken up.
S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.
Rep. CROMER proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\18615.SD).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-59-15 of the 1976 Code, which was added by Act 595 of 1990, is further amended to read:
"Section 40-59-15. A residential specialty contractor is an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do any construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11 of this title.
Residential specialty contractors include:
(a) plumbers;
(b)(a) electricians;
(c)(b) heating and air conditioning installers and repairers;
(d)(c) vinyl and aluminum siding installers;
(e)(d) insulation installers;
(f)(e) roofers;
(g) pest controllers;
(h)(f) floor covering installers;
(i)(g) masons;
(j)(h) dry wall installers;
(k)(i) carpenters;
(l)(j) wallpaperers;
(m)(k) painters."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. QUINN moved to adjourn debate upon the Bill until Tuesday, May 28.
Rep. CROMER moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, until Tuesday, May 28, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 915 -- Senators Drummond and Land: A BILL TO AMEND SECTION 38-73-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSIGNED RISKS, SO AS TO PROVIDE ASSIGNED RISK POOLS SHALL ACCEPT WORKERS' COMPENSATION INSURANCE POLICIES ON THE BASIS THAT THEY PROVIDE COVERAGE TO VENDORS PROVIDING LOGGING SERVICES TO THE NAMED INSURED.
On motion of Rep. GENTRY, with unanimous consent, it was ordered that S. 915 be read the third time tomorrow.
The following Bill was taken up.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Rep. HAYES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11765.DW).
Amend the bill, as and if amended, page 2, Section 29-5-20(b), line 31, by inserting after /notice./ /However, in no event shall the total aggregate amount of liens on the improvement exceed the amount due by the owner./
Amend further, page 4, Section 29-5-21, line 22, by inserting after /cloud/ /lien, or encumbrance upon, or defect to/ and on line 23 by inserting after /notice/ /, nor shall it alter the aggregate amounts of liens allowable under Section 29-5-40/
Amend title to conform.
Rep. HAYES explained the amendment.
Reps. ROSS, A. YOUNG, LITTLEJOHN, G. BAILEY, WOFFORD, and HALLMAN objected to the Bill.
The following Bill was taken up.
S. 617 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF VETERANS' DISCHARGE RECORDS, SO AS TO PERMIT, SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING BODY AND THE COUNTY VETERANS' AFFAIRS OFFICER, THE CLERK OF COURT TO TRANSFER ALL RESPONSIBILITIES TO THE COUNTY VETERANS' AFFAIRS OFFICER TO RECEIVE, RECORD, AND MAINTAIN DISCHARGE RECORDS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9473.JM), which was adopted.
Amend the bill, as and if amended, pages 1 and 2, by striking Section 30-15-60, as contained in SECTION 1, and inserting:
/"Section 30-15-60. Any person desiring a certified copy of any discharge or certificate of lost discharge, registered under the provisions of this chapter, shall apply for it to the clerk of court of the county in which the discharge or certificate of lost discharge is registered and the clerk of court shall furnish a certified copy. upon the payment of a fee of fifty cents therefor. Fees for furnishing a certified copy of discharge or DD 214 form may be established by each county but may not exceed fifty cents.
The clerk of court or the register of mesne conveyances may designate the county veterans' affairs officer to receive these applications and furnish these copies as provided by this section. Subject to the approval of the county governing body, the clerk of court and the county veterans affairs' officer may enter into a written agreement pursuant to which the responsibilities of the clerk of court under this chapter to receive, record, and maintain recorded discharges may be devolved to the county veterans' affairs officer. Upon transfer of the records, the county veterans' affairs officer may issue copies as requested."/
Amend title to conform.
Rep. ROSS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WRIGHT withdrew his objection to H. 3774 however, other objections remained upon the Bill.
Rep. CROMER withdrew his objection to H. 3490 however, other objections remained upon the Bill.
On motion of Rep. BAXLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry.
H. 3668 -- Rep. Lanford: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA CEMETERY BOARD FOR FIVE YEARS.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:
S. 999 -- Senators Williams, Waddell, Martin and Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
The following Concurrent Resolution was taken up.
S. 999 -- Senators Williams, Waddell, Martin and Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Whereas, the General Assembly of South Carolina wishes to extend its statewide session beyond June 6, 1991, in order to ensure that reapportionment and redistricting will be an open and fair process; and
Whereas, the potential for an adjustment of census population data may require the convening of a special session of the General Assembly if the option of remaining in regular session to consider such adjustment is not preserved; and
Whereas, the expense involved in the payment of two hundred fifty dollars per legislator per day for such a special session will be a great cost to the taxpayers of South Carolina; and
Whereas, the continuation of the regular session will reaffirm that the reapportionment process should be an open process in which all the citizens of South Carolina have input and freedom of information is preserved; and
Whereas, such an open deliberative session should ensure that a fair plan will be adopted and will avoid the necessity of protracted and expensive litigation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the following terms and conditions:
When the respective houses adjourn on Thursday, June 6, 1991, they shall stand adjourned to meet on their own motion in regular statewide session for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointment of conference and free conference committees;
(d) conference and free conference reports;
(e) ratification of acts;
(f) local matters if the affected delegation is unanimous;
(g) elections previously set by the General Assembly;
(h) matters relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, or the United States Congress;
(i) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
(j) resolutions authorizing a time and/or date for sine die adjournment.
During any statewide session, after June 6, 1991, each house shall not adjourn for more than three days without the consent of the other house.
Upon completion of consideration of items a-j above, the respective houses shall recede until 11:00 a.m., July 30, 1991.
The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution.
The Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18646.SD), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.
When the respective houses adjourn on Thursday, June 6, 1991, no later than 5:00 p.m., each house shall stand adjourned to meet upon the call of the chair or on its own motion in regular statewide session between June 7 and June 28, 1991, for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointment of conference and free conference committees;
(d) conference and free conference reports;
(e) ratification of acts;
(f) local matters if the affected delegation is unanimous;
(g) elections set by the General Assembly and resolutions to set elections;
(h) bills relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, or the United States Congress;
(i) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
(j) a resolution authorizing an earlier date or time, or both, for sine die adjournment.
When the respective houses of the General Assembly adjourn on Friday, June 28, 1991, not later than 5:00 p.m., they shall stand adjourned to meet in regular statewide session at 11:00 a.m. on Monday, July 8, 1991, and may continue in daily statewide session thereafter until Wednesday, July 10, 1991, for the consideration of gubernatorial vetoes only. The General Assembly shall adjourn sine die no later than 5:00 p.m. on Wednesday, July 10, 1991.
The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution./
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. McTEER continued speaking.
Rep. McTEER continued speaking.
The amendment was then adopted.
The question then recurred to the adoption of the Resolution, as amended, which was agreed to by a division vote of 89 to 0 and the Concurrent Resolution was ordered returned to the Senate.
The following was introduced:
H. 4023 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 707, RELATING TO AUTOMOBILE INSURANCE, FOR SECOND READING OR OTHER CONSIDERATION AT 10:30 A.M. ON THURSDAY, MAY 23, 1991.
Be it resolved by the House of Representatives:
That S. 707, relating to automobile insurance, is set by special order for second reading or other consideration at 10:30 A.M. on Thursday, May 23, 1991.
Rep. McTEER explained the Resolution.
The Resolution was adopted.
The following Bill was taken up.
S. 707 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Beasley Boan Brown, G. Brown, H. Burch Burriss Carnell Cato Chamblee Clyborne Corbett Cork Cromer Elliott, D. Elliott, L. Farr Felder Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Holt Houck Huff Inabinett Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Quinn Rama Rhoad Ross Rudnick Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Vaughn Waldrop Wells Whipper White Wilder Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Beatty Brown, J. Foster Martin, M. Rogers Scott Waites
So, the Bill was read the second time and ordered to third reading.
Rep. T.C. ALEXANDER asked unanimous consent that S. 707 be read a third time tomorrow.
Rep. BEATTY objected.
I am abstaining from voting on S. 707 as it affects my livelihood and is therefore a conflict of interest.
Rep. MIKE FAIR
I did not vote on S. 707 due to a conflict of interest since I am an agent of auto insurance.
Rep. DANIEL T. COOPER
I was temporarily out of the Chamber and if I had been present I would have voted against S. 707.
Rep. KATHLEEN KEMPE
I was temporarily off the floor speaking with a constituent when S. 707 came to the floor of the House for a vote.
I would have voted for S. 707 without amendments!
Rep. B. HICKS HARWELL
Rep. WILKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3757 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INCLUDE AN ADDITIONAL PORTION OF HIGHWAY 9 IN DILLON COUNTY IN THE BOULEVARD WHICH WAS NAMED IN HONOR OF TROOPER GEORGE T. RADFORD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.
At 11:17 A.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Mrs. Rosa Lee Kennedy, to meet at 10:00 A.M. tomorrow.
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