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, the Source of all wisdom and the Giver of all blessings, help us this day to live in fidelity to Your truths and guided by Your Word. Help us to guard confidences and to cherish friendships; to be patient under provocation; to make no promises we cannot keep; composed under criticism; to be understanding of all we meet; gentle to the weak; helpful to the fallen; sympathetic with the sad; courteous to all; and to covet nothing but a good character. Give, we pray, an abundant measure of Your wisdom to all who serve in the government of this great State, making of us a blessing to all.
Thank You, Lord, for hearing 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 taken up for immediate consideration:
H. 2401 -- Rep. Sheheen: A HOUSE RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, FEBRUARY 25, 1987, AS THE TIME FOR ELECTING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE.
Be it resolved by the House of Representatives:
That the election of two members of the House of Representatives to the Legislative Audit Council Nominating Committee, pursuant to the provisions of Section 2-15-20, Code of Laws of South Carolina, 1976, be held in the Hall of the House of Representatives at 11:00 a.m. on Wednesday, February 25, 1987.
The Resolution was adopted.
The following was introduced:
H. 2402 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty, Russell and Wells: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG COUNTY SHERIFF LARRY SMITH UPON BEING NAMED SHERIFF OF THE YEAR BY THE SOUTH CAROLINA SHERIFFS ASSOCIATION AND COMMENDING HIM FOR HIS OUTSTANDING WORK AND DEDICATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2403 -- Reps. Edwards and Russell: A CONCURRENT RESOLUTION COMMENDING DR. WILLIAM THOMAS (BILL) HENDRIX OF SPARTANBURG COUNTY FOR HIS LONG AND SPLENDID SERVICE TO THE PEOPLE OF SPARTANBURG COUNTY AS A PHYSICIAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2404 -- Rep. G. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS NOT TO ENACT ANY LEGISLATION THAT HAS THE EFFECT OF REMOVING OR IMPAIRING THE BENEFITS ACCRUING TO THE MILITARY VETERANS WHO GAVE THEIR LOYALTY AND THEIR DEVOTION IN DEFENSE OF THESE UNITED STATES OF AMERICA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 359 -- Senators Giese and Lourie: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS H.R. 2, THE SURFACE TRANSPORTATION AND UNIFORM RELOCATION SYSTEMS ACT OF 1987, AND S.82, ITS SENATE COMPANION LEGISLATION, WHICH WOULD MAKE AVAILABLE FEDERAL HIGHWAY FUNDS FOR USE IN THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 2405 -- Reps. Cooper, Townsend, Kay, Nesbitt, Chamblee, Rhoad, Simpson, Hendricks, L. Martin, T.C. Alexander, McLellan and Snow: A JOINT RESOLUTION TO NAME THE MULTIPURPOSE LIVESTOCK ARENA AT CLEMSON UNIVERSITY THE "T. EDMOND GARRISON ARENA" UPON ITS COMPLETION AND DEDICATION.
On motion of Rep. COOPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 2406 -- Reps. Elliott, G. Brown, Gilbert, Barfield, Pearce, Chamblee, R. Brown, Thrailkill, Washington, Williams, Wilder, Snow and Baxley: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF ELECTRICITY USED TO CURE BULK TOBACCO IN TOBACCO BARNS AND TO CURE OR DRY OTHER FARM COMMODITIES.
Referred to Committee on Ways and Means.
H. 2407 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANCE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2408 -- Reps. T. Rogers, Day, McAbee and Carnell: A BILL TO ENACT THE SOUTH CAROLINA CONTRABAND FORFEITURE ACT OF 1987, WHICH DECLARES AS CONTRABAND AND MAKES SUBJECT TO FORFEITURE ANY PERSONAL PROPERTY USED OR INVOLVED IN THE COMMISSION OF A FELONY AND TO PROVIDE THAT THE MONEY DERIVED FROM THE SALE OF THIS CONTRABAND PROPERTY MUST BE USED FOR CERTAIN PURPOSES INCLUDING USE BY THE LAW ENFORCEMENT TRAINING COUNCIL IN ITS LAW ENFORCEMENT TRAINING PROGRAMS.
Referred to Committee on Judiciary.
H. 2409 -- Reps. T.M. Burriss, Lockemy, M.D. Burriss and Corning: A BILL TO AMEND SECTIONS 40-33-10, 40-33-20, 40-33-50, 40-33-260, 40-33-290, 40-33-520, 40-33-530, 40-33-560, 40-33-720, 40-33-730, 40-33-760, 40-33-910, 40-33-920, 40-33-935, 40-33-940, 40-33-950, 40-33-1120, AND 40-33-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, SO AS TO DEFINE TEMPORARY PERMIT, LICENSE, LAPSED LICENSE, VOLUNTARY SURRENDER, INACTIVE LICENSE, ACCREDITATION, INCREASE THE PENALTY FOR UNLICENSED NURSING PRACTICE; AUTHORIZE THE BOARD TO DENY LICENSURE BECAUSE OF INCOMPETENCE OR UNPROFESSIONAL CONDUCT; REPLACE THE TERM "REGISTRATION" WITH "LICENSURE" AND THE TERM "ACCREDITATION OF SCHOOLS OF NURSING" WITH "APPROVAL OF NURSING EDUCATION PROGRAMS"; TO PROVIDE PRACTICAL NURSE EDUCATION; TO AUTHORIZE THE BOARD TO REVOKE OR SUSPEND THE LICENSE OF A PRACTICING NURSE WHO HAS DECLINED OR BEEN UNSUCCESSFUL IN ACCOMPLISHING CHEMICAL ABUSE REHABILITATION; TO ADD SECTION 40-33-220 SO AS TO ENUMERATE THE POWERS OF THE BOARD OF NURSING; AND TO REPEAL SECTIONS 40-33-300, AND 40-33-1140 THROUGH 40-33-1160 RELATING TO ACCREDITATION OF COURSES FOR PRACTICAL NURSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2410 -- Rep. Rudnick: A BILL TO AMEND ARTICLE 1, CHAPTER 35, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING SECTION 38-35-240 SO AS TO REQUIRE INSURERS TO PAY CLAIMS WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE PROOF OF LOSS, TO PROVIDE CERTAIN EXCEPTIONS TO THIS GENERAL RULE, AND TO PROVIDE THAT INSURERS NOT COMPLYING WITH THE ABOVE PROVISIONS ALSO SHALL PAY THE INSURED INTEREST ON THE BENEFITS DUE AT THE RATE OF EIGHTEEN PERCENT PER ANNUM.
Referred to Committee on Labor, Commerce and Industry.
H. 2411 -- Reps. Thrailkill, H. Brown, Aydlette, Barfield, Blackwell, Elliott, Baker, Rice, O. Phillips, Pearce, Altman, Gilbert, Foxworth, Stoddard, McElveen, Kirsh, Kay, J.W. McLeod, P. Harris, Nesbitt, J.W. Johnson, Petty, L. Phillips, T.C. Alexander, Ferguson, McCain, Simpson, McGinnis, Limehouse, Lockemy, Nettles, Fair, J. Bradley, McEachin, Day, Haskins, R. Brown, J. Harris, Gordon, Davenport, Moss, G. Bailey, Hodges, L. Martin, Dangerfield, Wells, Arthur, Russell, Wilder and Harvin: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT THE CONVENTIONS MAY BE HELD IN LOCATIONS OTHER THAN COLUMBIA IF ADEQUATE FACILITIES FOR ALL DELEGATES AND ALTERNATE DELEGATES MAY BE PROVIDED.
Referred to Committee on Judiciary.
H. 2412 -- Reps. Wilkins, P. Bradley, Arthur, Gentry, Hayes, Baxley, Beasley, Tucker, Short, Boan, T.M. Burriss, J.W. Johnson and Corning: A BILL TO AMEND SECTION 15-39-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL SALE DAYS, SO AS TO PROVIDE THAT THE COURT OFFICER WITE AUTHORITY TO CONDUCT THE JUDICIAL SALE OF REAL PROPERTY PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE MAY DIRECT THAT THE SALE BE CONDUCTED ON ANY DAY OR DAYS; AND TO AMEND SECTION 29-3-680, RELATING TO APPLICATION FOR ORDER OF APPRAISAL BY A DEFENDANT IN A REAL ESTATE FORECLOSURE ACTION AGAINST WHOM A PERSONAL JUDGMENT BE TAKEN OR ASKED, SO AS TO PROVIDE THAT THE PETITION FOR APPRAISAL MUST BE MADE WITHIN THIRTY DAYS RATHER THAN NINETY DAYS AFTER THE SALE.
Referred to Committee on Judiciary.
H. 2413 -- Reps. Sharpe, H. Brown, Thrailkill, Jones, Klapman, McGinnis, Nesbitt, Day, J.C. Johnson, Snow and Wells: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS IN THE FAMILY COURT, SO AS TO PROVIDE THAT JUVENILES WITHIN THE JURISDICTION OF THE FAMILY COURT ON DELINQUENCY PETITIONS MUST BE FINGERPRINTED AND THE FINGERPRINTS AND ULTIMATE DISPOSITION OF THE PETITION REPORTED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION IN THE SAME MANNER THAT SUCH INFORMATION IS REPORTED IN THE CASE OF ADULTS.
Referred to Committee on Judiciary.
H. 2414 -- Reps. Nesbitt, Corning, McGinnis, Wells and Kirsh: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.
Referred to Committee on Judiciary.
H. 2415 -- Reps. Pearce, Thrailkill, Haskins, Elliott, Barfield, Bennett, G. Brown, Sturkie, Waldrop, K. Bailey, Hearn, Harvin and Wells: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO INCLUDE CERTAIN TRAVEL TRAILERS, AND PROVIDE THAT NO TRAVEL TRAILER IS SUBJECT TO THE AD VALOREM TAX IMPOSED BY CHAPTER 37 OF TITLE 12 IN MORE THAN ONE COUNTY OF THE STATE UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means.
H. 2416 -- Reps. Pearce, J.C. Johnson, Winstead, Waldrop, Gentry, Toal, Corning, T. Rogers, Aydlette, Cooper, Bennett, Elliott, Foxworth, G. Brown, Tucker, McBride, McTeer, Snow, Altman, Chamblee, K. Bailey and Barfield: A BILL TO IMPOSE AN EXCISE TAX ON THE POSSESSION OF CONTROLLED SUBSTANCES UNDER CERTAIN CIRCUMSTANCES AND IN CERTAIN AMOUNTS, PROVIDE EXCEPTIONS, CREATE A FELONY OFFENSE OF CRIMINAL TAX EVASION UNDER THIS ACT AND PROVIDE PENALTIES, PROVIDE FOR THE IMPOSITION OF AN ADMINISTRATIVE PENALTY ON THE UNPAID TAX, AUTHORIZE THE ISSUANCE OF AN ASSESSMENT ON ASSETS AND COLLECTION AND ATTACHMENT PROCEEDINGS FOR THE PAYMENT OF THE TAX AND PENALTY, PROVIDE THAT THE PROVISIONS OF THIS ACT ARE CUMULATIVE IN EFFECT AND APPLICABILITY, PROVIDE FOR THE DISPOSITION OF THE TAX, PENALTY, AND OTHER PROCEEDS GENERATED UNDER THIS ACT, AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION, AS ADMINISTERING AGENCY HEREUNDER, TO PROMULGATE REGULATIONS NECESSARY FOR THE EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF POSSESSION OF A CONTROLLED SUBSTANCE FOR WHICH THE TAX UNDER THIS ACT IS DUE AND PAYABLE WITHOUT PAYMENT OF THE TAX HAVING BEEN MADE AND REQUIRED TAX STAMPS HAVING BEEN AFFIXED THERETO.
Referred to Committee on Ways and Means.
H. 2417 -- Reps. M.D. Burriss, T.M. Burriss, Pearce, Hearn, Corning and Day: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM TAXABLE INCOME, SO AS TO INCREASE THE DEDUCTION FOR RETIREMENT PAY FROM THREE THOUSAND DOLLARS TO SIX THOUSAND DOLLARS FOR PERSONS WHO ARE RETIRED FEDERAL CIVIL SERVICE EMPLOYEES, RETIRED FROM THE ARMED SERVICES OF THE UNITED STATES, AND CERTAIN RETIRED PERSONS SIXTY-FIVE YEARS OF AGE, OR THEIR SURVIVING SPOUSES, IN REGARD TO PENSION BENEFITS.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Koon Lewis Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 5, 1987.
Dave C. Waldrop, Jr. L. Edward Bennett William H. Jones Lenoir Sturkie Thomas N. Rhoad Philip T. Bradley James E, Lockemy Paul Short T.W. Edwards B.J. Gordon Tom Limehouse Joseph McElveen John J. Snow John G. Felder
STATEMENT OF ATTENDANCE
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on February 4, 1987.
The SPEAKER granted Reps. J.H. BURRISS and WHITE a leave of absence for the day due to illness.
Announcement was made that William Goudelock of Easley is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 2050 -- Reps. Kirsh, Klapman, Holt and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A CREWMEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BLOOD ALCOHOL TESTS AND IMPLIED CONSENT TO THE TESTS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO DEFINE CREWMEMBER.
H. 2121 -- Reps. Nettles and Washington: A BILL TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR RECKLESSLY ENGAGE IN ACTS WHICH MAY CAUSE PHYSICAL HARM FOR THE PURPOSE OF INITIATION INTO ANY FRATERNITY OR SORORITY IN CONNECTION WITH A SCHOOL, COLLEGE, OR UNIVERSITY; TO EXEMPT ATHLETIC EVENTS AND MILITARY TRAINING; TO AUTHORIZE THE EDUCATIONAL INSTITUTION TO EXPEL THE GUILTY STUDENT AND TO WITHDRAW RECOGNITION FROM THE ORGANIZATION; TO REQUIRE PRIOR APPROVAL FROM THE EDUCATIONAL INSTITUTION FOR ALL INITIATION ACTIVITIES; AND TO PROVIDE THAT IMPLIED OR EXPRESS CONSENT TO AN INITIATION ACTIVITY IS NOT A DEFENSE.
H. 2201 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
H. 2358 -- Reps. Russell and Hawkins: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FRANCIS LEWIS FARMS AND TRUCKING, INC., IN SPARTANBURG COUNTY.
H. 2326 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 731, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 318 -- Judiciary Committee: A BILL TO AMEND SECTION 33-9-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVERTIBLE SECURITIES OF BUSINESS CORPORATIONS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A CORPORATION TO ISSUE BONDS CONVERTIBLE INTO SHARES WITHIN SUCH PERIOD AND UPON SUCH CONDITIONS AS FIXED BY THE BOARD OF DIRECTORS ONLY IF THE ARTICLES OF INCORPORATION AUTHORIZE THE ISSUANCE.
S. 322 -- Senators Dennis, Waddell, Lindsay, Patterson, Lourie, Giese, Courson and Branton: A BILL TO AMEND SECTION 31-10-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF A REDEVELOPMENT COMMISSION OF A MUNICIPALITY TO ISSUE AND SELL BONDS, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE YEARS THE MAXIMUM MATURITY TIME OF THE BONDS.
The following Bill was taken up.
H. 2016 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A PLAN FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONALS LICENSED AND REGULATED BY THE STATE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL MEANS OR ON A REASONABLE BASIS TO PROFESSIONALS LICENSED AND REGULATED BY THE STATE.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc. No. 1562Y), which was adopted.
Amend the bill, as and if amended, Section 1, line 5 of the bill as introduced, by deleting the word /want/ and inserting /failure/ so that when amended Section 1 shall read:
/SECTION 1. The General Assembly declares that there exists the potential for a professional liability insurance crisis for professionals licensed and regulated by the State because of the high cost of liability insurance and a failure of competition. These conditions could result in a situation in which liability insurance would not be available to professionals licensed and regulated by the State.
The public interest requires that a contingency program for providing professional liability insurance be enacted and that the Insurance Commission of South Carolina (Commission) activate this program upon finding that an emergency exists because insurance is not available through normal channels or is not available on a reasonable basis because of lack of competition or otherwise./
Amend further, as and if amended, by adding at the end of Section 5(C), the following: /but under no circumstances whatsoever shall any profit be paid over to or received by an insurer either in currency or any other benefit of any kind/ so that when amended Section 5(C) shall read:
/(C) The plan of operation shall provide that any profit achieved by the association must be added to the reserves of the association or returned to the policyholders as a dividend but under no circumstances whatsoever shall any profit be paid over to or received by an insurer either in currency or any other benefit of any kind./
Amend further, as and if amended, by adding at the end of Section 8, the following: /so that investment income is a part of the rate making and setting process/ so that when amended Section 8 shall read:
/SECTION 8. In structuring rates for professional liability insurance and determining the profit or loss of the association in respect to such insurance, consideration must be given by the Commissioner to all investment income so that investment income is a part of the rate making and setting process./
Amend further, as and if amended, by striking Section 10(A), and inserting: /(A) Policy forms and rate structure must be on an occurrence basis and coverage provided by the association only on that basis./
Amend further, as and if amended, Section 10(C), by deleting on lines one and two of the bill as introduced the following: /whether on a claims-made or occurrence basis may/ and inserting /shall/, so that when amended, Section 10(C) shall read:
/(C) The policy form shall not require as a condition precedent to settlement or compromise of any claim the consent or acquiescence of the insured. However, such settlement or compromise is not considered an admission of fault or wrongdoing by the insured./
Amend further, as and if amended, Section 10(D), by deleting on lines one and two of the bill as introduced the following: /either or both claims-made or occurrence/, so that when amended, Section 10(D) shall read:
/(D) The premium rate charged for coverage must be at rates established on an actuarially sound basis, including consideration of trends in the frequency and severity of losses and must be calculated to be self-supporting./
Amend further, as and if amended, Section 14, by deleting on line three of the bill as introduced, /profits/, so that when amended, Section 14 shall read:
/SECTION 14. All insurers which are members of the association shall participate in its writings, 5 expenses, and losses in the proportion that the net direct premiums of each member, excluding that a portion of premiums attributable to the operation of the association, written during the preceding calendar year bear to the aggregate net direct premiums written in this State by all members of the association. Each insurer's participation in the association must be determined annually on the basis of the net direct premiums written during the preceding calendar year, as reported in the annual statements and other reports filed by the insurer with the Commissioner. No member may be obligated in any one year to reimburse the association because of its proportionate share in the deficit from operations of the association in that year in excess of one percent of its surplus to policyholders and the aggregate amount not so reimbursed must be reallocated among the remaining members in accordance with the method of determining participation prescribed in this section after excluding from the computation the total net direct premiums of all members not sharing in the excess deficit. If the deficit from operations allocated to all members of the association in any calendar year exceeds one percent of their respective surplus to policyholders, the amount of the deficit must be allocated to each member in accordance with the method of determining participation prescribed in this section./
Amend further, as and if amended, Section 17, so that it shall read:
/SECTION 17. Each joint underwriting association is governed by a board of seven directors, one of whom is appointed by the Governor to represent the general public and four of whom are appointed by the Governor and represent professionals covered under the association. Two directors are the Chairman of the Labor, Commerce and Industry Committee of the House of Representatives or his designee and the Chairman of the Banking and Insurance Committee of the Senate or his designee, both of whom shall serve ex officio. The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups for voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of such a group may serve as a director at any one time. The Commissioner is chairman of the board of directors, ex officio, and he, or his designee, must preside at all meetings of the board but has no vote except in the case of a tie./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. MAPPUS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2093 -- Rep. Hayes: A BILL TO AMEND TITLE 27 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 6 SO AS TO ABOLISH THE COMMON LAW RULE AGAINST PERPETUITIES AND REPLACE IT WITH A STATUTORY RULE AGAINST PERPETUITIES WHICH ADOPTS PROVISIONS WHICH PREVENT THE DEFEAT OF THE TRANSFEROR'S INTENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1521Y), which was adopted.
Amend the bill as and if amended in item (1) of subsection (A) of Section 27-6-20 as follows:
strike /either/ on line 2, page 1; strike the second /to/ on line 2, page 1; insert after /terminate/ on line 2, page 1, /no later than twenty-one years after the death/; strike /within the lifetime/ on lines 2 and 3, page 1; strike /or within twenty-one years after the death of that individual/ on lines 3, 4, and 5, page 1, so that when amended item (1) shall read:
/(1) when the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or/.
Amend further in item (1) of subsection (B) of Section 27-6-20 as follows:
strike /either/ on line 2, page 1; strike /to/ on line 3, page 1; insert after /satisfy/ line 3, page 1, /no later than twenty-one years after the death/; strike /within the/ on line 3, page 1; strike /lifetime/, line 1, page 2; strike /or within twenty-one years after the death of that individual/ lines 1, 2, and 3, page 2, so that when amended item (1) shall read:
/(1) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than twenty-one years after the death of an individual then alive; or/.
Amend further in item (1) of subsection (C) of Section 27-6-20 as follows:
insert /no later than twenty-one years after the death/ on line 2, page 2; strike /within the lifetime/ on line 3, page 2; strike /or within twenty-one years after the death of that individual/ on lines 4 and 5, page 2, so that when amended item (1) shall read:
/(1) when the power is created, it is certain to be irrevocably exercised or to terminate no later than twenty-one years after the death of an individual then alive; or/.
Amend further in subsection (B) of Section 27-7-60 as follows:
strike /With respect to/ on line 1, page 4; insert before /a/ /If/ on line 1, page 4; strike the comma after /interest/ and /appointment/ on line 2, page 4; insert before /created/ on line 2, page 4, /was/; strike /which/ on line 3, page 4, and insert /and/ so that when amended item (1) shall read:
/(1) If a nonvested property interest or a power of appointment was created before July 1, 1987, and is determined in a judicial proceeding, commenced on or after July 1, 1987, to violate this State's rule against perpetuities as that rule existed before July 1, 1987, a court upon the petition of an interested person shall reform the disposition by inserting a savings clause that preserves most closely the transferer's plan of distribution and that brings that plan within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 2214 -- Rep. J. Bradley: A BILL TO AMEND SECTION 29-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF LAUNDRIES, DRY CLEANING ESTABLISHMENTS, AND OTHER ESTABLISHMENTS ENGAGED IN THE CLEANING OR ALTERATION OF PERSONAL PROPERTY, SO AS TO DELETE THE REQUIREMENT THAT THE MAIL, REQUIRED TO BE SENT TO THE PERSON LEAVING THE PROPERTY AT THE ESTABLISHMENT BEFORE THE PROPERTY MAY BE SOLD, BE REGISTERED WITH RETURN RECEIPT REQUESTED.
Rep. WILKINS explained the Bill.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 2214 be read the third time tomorrow.
The following Bill was taken up.
H. 2254 -- Reps. Boan, J.W. Johnson and Hodges: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO as TO INCREASE THE PENALTIES.
Rep. EVATT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 76 -- Senator Williams: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION; AND TO REPEAL CHAPTER 27 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION.
Rep. T. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.
Rep. WINSTEAD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of objections by Reps. T.M. BURRISS, HEARN and CORNING the following Bill was taken up.
H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
Rep. J. ROGERS and WINSTEAD, with unanimous consent, proposed the following Amendment No. 24 (Doc. No. 1890Y), which was adopted.
Amend the bill, as and if amended, page 9, line 21, by adding to the bill a new SECTION to be appropriately numbered, to read:
/SECTION ___. Chapter 3 of Title 13 of the 1976 Code is amended by adding:
"Section 13-3-140. Contractual arrangements between the South Carolina State Ports Authority and carriers or haulers, or both, are exempt from disclosure."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent to the Senate
Reps. L. MARTIN and McLELLAN withdrew their objections to H. 2324 however, other objections remained upon the Bill.
Rep. CORNING asked unanimous consent to have his name added as a co-sponsor to H. 2409, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 2324 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR PREGNANT AND BREASTFEEDING WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.
Rep. RUDNICK moved to recall H. 2320 from the Education and Public Works Committee.
Rep. HEARN moved to table the motion.
As a first substitute Rep. WINSTEAD moved to dispense with the balance of the Motion Period.
As a second substitute Rep. BEASLEY moved to recall H. 2224 from the Rules Committee.
Rep. McTEER moved to table the motion.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Baker Barfield Bradley, J. Bradley, P. Fair Gentry Haskins Hayes Holt Kohn Mappus Mattos McCain McEachin McLeod, E.B. McTeer Nesbitt Ogburn Pearce Russell Sharpe Sheheen Stoddard Thrailkill Tucker Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Foster Gordon Gregory Harris, J. Harvin Hawkins Hearn Helmly Hodges Huff Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lockemy Martin, L. McAbee McLeod, J.W. Moss Neilson Petty Phillips, L. Rice Rogers, T. Rudnick Simpson Sturkie Townsend Waldrop Washington Wells Whipper Wilder Wilkins
So, the House refused to table the motion to recall H. 2224.
Rep. McTEER raised the Point of Order that the motion to recall a Resolution providing for a change in the House Rules from the Rules Committee was out of order as Rule 4.15 provides that the Rules Committee must make a report before the House Rules can be changed.
The SPEAKER sustained the Point of Order, and ruled the motion to recall H. 2224 out of order.
The question then recurred to the motion to dispense with the balance of the Motion Period, which was agreed to.
The following Bill was taken up.
H. 2091 -- Rep. Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE FOR A TWENTY-FIVE PERCENT REDUCTION IN ANY POINTS ASSESSED FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS IF THE OFFENDER IS WEARING A SEAT BELT AT THE TIME OF THE VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-7-65 SO AS TO PROVIDE SPACE ON THE UNIFORM TRAFFIC TICKET TO NOTE IF THE OFFENDER WAS WEARING HIS SEAT BELT.
Rep. J. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. WINSTEAD moved that the House do now adjourn which was adopted.
At 10:45 A.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.
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