Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
With the sacred thoughts of Memorial Day still fresh on our minds, we humbly pray that You would accept our unending thanks, O Lord, for those courageous men and women who have preserved for us the freedoms of this great Land. And grant that the liberty vouchsaved unto us may be continued to our children, our children's children, and to all generations. Keep our minds clear, our determination steadfast, our wills resolute and our ambitions high as we seek to do our best for our beloved Country. Give strength of purpose to all who lead, enlighten those who sit in council, and so transform the hearts of leaders of nations everywhere that they may exalt peace above war, service more than gain, and righteousness above glory.
We pray in the Name of Him Who is the Prince of peace. 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.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
May 26, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 847)
Dear Mrs. Shealy:
The South Carolina Jobs-Economic Development Authority is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Lending Practices, effective today.
These regulations have been referred to the Labor, Commerce and Industry Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., May 22, 1987
Mr. Speaker and Members of the House:
The Senate respectfully requests your Honorable Body to return H. 3165:
H. 3165 -- Reps. L. Martin and Beasley: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MISS SOUTH CAROLINA PAGEANT, INC., FOR ITS EFFICIENT CONDUCT OF PAGEANTS WHICH HAVE PROMOTED SOUTH CAROLINA SO WELL OVER PAST YEARS AND HAVE RESULTED IN MANY LOVELY AND TALENTED YOUNG LADIES RECEIVING SCHOLARSHIPS TO CONTINUE THE DEVELOPMENT OF THEIR TALENTS AND ABILITIES, AND TO EXPRESS THE DESIRE OF THE GENERAL ASSEMBLY THAT THE STATE OF SOUTH CAROLINA SHOULD ASSIST THE WINNER OF THE MISS SOUTH CAROLINA PAGEANT IN ANY WAY IT CAN INCLUDING THE PROVIDING OF STATE TRANSPORTATION SERVICES WHILE SHE IS REPRESENTING OUR STATE DURING THE MISS AMERICA PAGEANT.
Very respectfully,
President
On motion of Rep. TOAL the Concurrent Resolution was ordered returned to the Senate.
The following was received.
Columbia, S.C., May 21, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Drummond and McConnell of the Committee of Conference on the part of the Senate on S. 392:
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President
No. 9
Rep. PEARCE resigned as a Member of the Conference Committee on the following Bill.
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The SPEAKER appointed Rep. BENNETT to the Committee of Conference and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S. C., May 22, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 223:
S. 223 -- Senator McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-15-85 SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO ISSUE REVENUE BONDS FOR PUBLIC PURPOSES PAYABLE FROM OTHER NONRELATED REVENUE-PRODUCING PROJECTS OF THE SUBDIVISION AND TO REQUIRE BONDS SO ISSUED TO REFLECT THE SOURCE OF PAYMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 21, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Drummond and McConnell of the Committee of Conference on the part of the Senate on H. 2742:
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50- 17- 1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Very respectfully,
President
No. 10
Received as information.
The Senate returned to the House with amendments the following:
H. 2590 -- Ways and Means Committee: (The General Appropriations Bill)
Reps. McLELLAN, SHEHEEN, KIRSH, TOAL, M.O. ALEXANDER, T.C. ALEXANDER, ALTMAN, ARTHUR, AYDLETTE, C. BAILEY, BAXLEY, BEASLEY, BLACKWELL, BOAN, H. BROWN, J. BROWN, R. BROWN, J.H. BURRISS, CLYBORNE, COOPER, CORK, DANGERFIELD, EDWARDS, EVATT, FABER, FELDER, FOXWORTH, P. HARRIS, HARVIN, HASKINS, HAWKINS, HAYES, HEARN, HELMLY, HUFF, J.W. JOHNSON, KAY, KEYSERLING, LEWIS, LIMEHOUSE, MAPPUS, D. MARTIN, L. MARTIN, MATTOS, McABEE, McBRIDE, McGINNIS, McTEER, MOSS, NESBITT, O. PHILLIPS, RICE, J. ROGERS, RUDNICK, SHELTON, SIMPSON, TUCKER, WALDROP, WASHINGTON, WELLS, WHIPPER, WILDER, WILKINS, WILLIAMS and WINSTEAD proposed the following Amendment No. 1A (Doc. No. 5408Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and substituting therefor the version of H. 2590 as passed by the House which is attached hereto.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. McTEER moved to waive Rule 5.14, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3008 -- Reps. E.B. McLeod, G. Brown, Blanding, Carnell, Dangerfield, McElveen, Mappus, Bennett, Corning, P. Harris, Jones, McLellan, Elliott, Snow, Altman and Edwards: A HOUSE RESOLUTION TO AUTHORIZE THE CLERK OF THE HOUSE OF REPRESENTATIVES TO SELECT AN ARTIST TO PAINT THE PORTRAIT OF THE LATE ROBERT JAMES AYCOCK, OF SUMTER COUNTY, TO BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
Rep. MOSS, from the Cherokee Delegation, submitted a favorable report, on:
H. 2640 -- Rep. Moss: A BILL TO AMEND SECTION 7-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE VOTING PRECINCTS IN CHEROKEE COUNTY, SO AS TO REVISE THESE VOTING PRECINCTS AND PROVIDE FOR THE POLLING PLACES.
On motion of Rep. O. PHILLIPS, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 2640 -- Rep. Moss: A BILL TO AMEND SECTION 7-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE VOTING PRECINCTS IN CHEROKEE COUNTY, SO AS TO REVISE THESE VOTING PRECINCTS AND PROVIDE FOR THE POLLING PLACES.
The Bill was read the second time and ordered to third reading.
On motion of Rep. O. PHILLIPS, with unanimous consent, it was ordered that H. 2640 be read the third time tomorrow.
On motion of Rep. TOAL, with unanimous consent, the House stood in silent prayer in memory of Luther Langford Taylor, Sr., the father of our esteemed colleague, LUTHER L. TAYLOR, JR.
Rep. KIRSH, from the York Delegation, submitted a favorable report, on:
S. 690 -- Senator Hayes: A BILL TO PROVIDE FOR THE LEVY OF SCHOOL TAXES IN YORK COUNTY.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 690 -- Senator Hayes: A BILL TO PROVIDE FOR THE LEVY OF SCHOOL TAXES IN YORK COUNTY.
The Bill was read the second time and ordered to third reading.
Rep. KIRSH, from the York Delegation, submitted a favorable report, on:
S. 691 -- Senator Hayes: A BILL TO AMEND ACT 246 OF 1983, RELATING TO THE LEVY AND DISTRIBUTION OF SCHOOL TAXES IN YORK COUNTY, SO AS TO REVISE THE MILLAGE.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 691 -- Senator Hayes: A BILL TO AMEND ACT 246 OF 1983, RELATING TO THE LEVY AND DISTRIBUTION OF SCHOOL TAXES IN YORK COUNTY, SO AS TO REVISE THE MILLAGE.
The Bill was read the second time and ordered to third reading.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, and Rep. SHELTON, for the minority, submitted an unfavorable report, on:
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
Rep. L. PHILLIPS moved to waive Rule 5.12, which was agreed to by a division vote of 44 to 13.
Ordered for consideration tomorrow.
The following was introduced:
H. 3183 -- Reps. Winstead and Kohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE R. B. STALL HIGH SCHOOL LADY WARRIORS SOFTBALL TEAM OF CHARLESTON COUNTY FOR WINNING THE STATE AAA CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. WINSTEAD, with unanimous consent, introduced the R.B. Stall High School Lady Warriors Softball team of Charleston County.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3179 -- Rep. T. Rogers: A BILL TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL GIVING OF FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER CONCERNING THE ALLEGED COMMISSION OF A CRIME BY ANOTHER AND THE UNLAWFUL GIVING OF FALSE INFORMATION TO RESCUE SQUADS AND FIRE DEPARTMENTS, SO AS TO ALSO MAKE IT UNLAWFUL FOR ANY PERSON TO KNOWINGLY GIVE FALSE INFORMATION TO ANY LAW ENFORCEMENT OFFICER CONCERNING THE ALLEGED COMMISSION OF ANY CRIME BY HIM.
Referred to Committee on Judiciary.
H. 3180 -- Rep. J. Bradley: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 79 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR CERTAIN ATHLETIC COACHES, OFFICIALS, AND FOR NONPROFIT ORGANIZATIONS, AND THE OFFICERS AND DIRECTORS THEREOF ENGAGED IN CONDUCTING SPORTS PROGRAMS, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary.
H. 3181 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-35-947, SO AS TO PROVIDE SPECIAL INSURANCE CONTINUATION PRIVILEGES FOR EMPLOYEES WHO HAVE RETIRED, ARE FIFTY-FIVE YEARS OF AGE OR OVER, AND HAVE PARTICIPATED IN A GROUP POLICY FOR TEN YEARS OR FOR THE LIFE OF A GROUP PLAN WITHIN A COMPANY AND TO PROVIDE ONE OPEN PERIOD FOR REFORMING THE GROUP PLAN.
Referred to Committee on Labor, Commerce and Industry.
H. 3182 -- Aiken Delegation: A JOINT RESOLUTION TO AUTHORIZE THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY AN ADDITIONAL SIX MILLS FOR FISCAL YEAR 1987-88 WHICH ONLY MAY BE USED FOR THE OPERATIONS OF THE SCHOOL DISTRICT.
Referred to Aiken Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baxley Beasley Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Clyborne Cooper Cork Corning Dangerfield Day Edwards Evatt Faber Fair Felder Ferguson Foxworth Gilbert Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hodges Huff Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McLeod, J.W. McTeer Moss Nesbitt Ogburn Pettigrew Phillips, O. Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Simpson Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Tuesday, May 26, 1987.
D.N. Holt L. Edward Bennett C.D. Chamblee E.B. McLeod Dell Baker Will McCain Joseph T. Petty Denny Neilson G. Ralph Davenport Mickey Burriss Thomas Rhoad James C. Johnson William H. Jones Paul Derrick B.J. Gordon Liston Barfield James Lockemy Jean Harris Lenoir Sturkie B.L. Hendricks Lewis Phillips Gene Stoddard Dick Elliott E. LeRoy Nettles Joseph McElveen Larry Gentry Paul Short Samuel R. Foster Ken Bailey Larry Blanding Timothy Rogers Luther L. Taylor
LEAVE OF ABSENCE
The SPEAKER granted Rep. CARNELL a leave of absence for the week on official business.
Announcement was made that James B. Ebersole of Columbia, is the Doctor of the Day for the General Assembly.
The following was taken up:
The following was received.
Columbia, S. C., May 20, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 3025:
H. 3025 -- Rep. Felder: A BILL TO PROVIDE A PROCEDURE FOR THE ADOPTION OF THE ANNUAL BUDGET OF THE CALHOUN COUNTY SCHOOL DISTRICT AND TO REQUIRE THE CALHOUN COUNTY COUNCIL TO LEVY ANNUALLY SUFFICIENT MILLAGE TO FUND THE CALHOUN COUNTY BOARD OF EDUCATION, THE GRESSETTE CENTER, THE COUNTY'S ANNUAL CONTRIBUTION TO THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE.
Very respectfully,
President
Rep. MATTOS moved to adjourn debate upon the message, which was adopted.
The following Bill was taken up.
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.
The motion of Rep. WALDROP to reconsider the vote whereby the House concurred in the Senate Amendments was taken up and agreed to.
Rep. WALDROP moved to adjourn debate upon the Bill until Wednesday, May 27, which was adopted.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, May 28, which was adopted.
S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.
Rep. WILKINS moved that upon the conclusion of the Joint Assembly, the House stand in recess until 2:00 P.M., which was agreed to.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3162 -- Reps. Helmly and H. Brown: A BILL TO REPEAL ACT 187 OF 1971, RELATING TO THE LOWER BERKELEY SECONDARY TREATMENT AUTHORITY.
H. 3172 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD FOR THE REGISTERED ELECTORS OF LANCASTER COUNTY RESIDING WITHIN THE GEOGRAPHICAL AREA COMPRISING THE LANCASTER COUNTY SCHOOL DISTRICT ON QUESTIONS CONCERNING THE COMPOSITION OF THE SCHOOL BOARD ORGANIZATION OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE CHIEF ADMINISTRATIVE OFFICER OF THE LANCASTER COUNTY DISTRICT BOARD OF TRUSTEES, AND TO PROVIDE FOR RELATED MATTERS REGARDING THE REFERENDUM.
H. 3178 -- Reps. R. Brown and J.W. McLeod: A BILL TO REPEAL ACT 1204 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE MARION-MULLINS VOCATIONAL EDUCATION BOARD OF TRUSTEES.
H. 2123 -- Rep. McTeer: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1985, 1986, AND 1987 UNTIL AUGUST 31, 1987.
H. 2544 -- Rep. Toal: A BILL TO AMEND SECTIONS 24-23-210 AND 24-23-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING COMMUNITY CORRECTIONS PROGRAMS AND THE VICTIM'S COMPENSATION FUND BY ADDITIONAL ASSESSMENTS TO FINES FOR CERTAIN CRIMINAL OFFENSES, SO AS TO INCREASE THE AMOUNT OF THESE ASSESSMENTS, AND PROVIDE THAT THEY MUST BE DEPOSITED ONLY IN THE VICTIM'S COMPENSATION FUND.
Rep. McTEER moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.
H. 3150 -- Rep. Gregory: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED.
Rep. T.M. BURRISS moved to adjourn debate upon the following Joint Resolution until Thursday, May 28, which was adopted.
H. 3174 -- Reps. T.M. Burriss, Corning, Hearn, Toal, M.D. Burriss, McBride, Faber, J. Brown and T. Rogers: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CANCEL ITS MORATORIUM ON THE INSTALLATION OF SEWER LINES IN THE EAST RICHLAND COUNTY PUBLIC SERVICE DISTRICT.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 718 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 762 OF 1976, RELATING TO AUTHORIZING THE STATE COLLEGE BOARD OF TRUSTEES TO ISSUE SPECIAL OBLIGATION BONDS FOR THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE PROCEEDS TO BE USED TO REFUND BONDS OR OTHER OBLIGATIONS ISSUED TO DEFRAY THE COSTS OF ACQUIRING FACILITIES IMPROVEMENTS.
S. 720 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 1281 of 1970, AS AMENDED, RELATING TO AUTHORIZING THE ISSUANCE OF STUDENT AND FACULTY HOUSING REVENUE BONDS OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE ISSUANCE OF BONDS TO REFUND BONDS.
S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.
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. 314 -- Senator Drummond: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR PARTICULAR STATE AGENCIES, COMMISSIONS, AND BOARDS, SO AS TO DELETE THE JOINT LIAISON COMMITTEE ON SMALL BUSINESS WHICH IS SCHEDULED FOR TERMINATION ON JUNE 30, 1987.
S. 344 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTION TO NOMINATE PERSONS TO THE BOARD.
Rep. McLELLAN moved to adjourn debate upon the following Joint Resolution until Tuesday, June 2, which was adopted.
H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.
The following Bill was taken up.
H. 2270 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.
Reps. R. BROWN, McEACHIN and RICE objected to the Bill.
The following Bill was taken up.
H. 3034 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-380, SO AS TO PROHIBIT AN INSURER OF ACCIDENT AND HEALTH INSURANCE FROM DELAYING PAYMENT OF A VALID AND PROPERLY COMPLETED CLAIM BEYOND TWENTY-ONE WORKING DAYS AFTER RECEIPT THEREOF BY THE INSURER, TO REQUIRE INTEREST ON CLAIMS ON WHICH PAYMENT IS DELAYED BEYOND THIS PERIOD, AND TO AUTHORIZE THE AWARD OF ATTORNEY'S FEES, COURT COSTS, AND A MONETARY PENALTY ON THESE CLAIMS UNDER CERTAIN CONDITIONS.
Reps. McLELLAN, G. BROWN, CORNING, EDWARDS, McCAIN and KLAPMAN objected to the Bill.
On motion of Rep. FELDER the following Bill was referred to the Calhoun Delegation.
H. 3025 -- Rep. Felder: A BILL TO PROVIDE A PROCEDURE FOR THE ADOPTION OF THE ANNUAL BUDGET OF THE CALHOUN COUNTY SCHOOL DISTRICT AND TO REQUIRE THE CALHOUN COUNTY COUNCIL TO LEVY ANNUALLY SUFFICIENT MILLAGE TO FUND THE CALHOUN COUNTY BOARD OF EDUCATION, THE GRESSETTE CENTER, THE COUNTY'S ANNUAL CONTRIBUTION TO THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE.
The following Bill was taken up.
H. 2670 -- Reps. Hodges and Limehouse: A BILL TO AMEND SECTION 50-9-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN HUNTING LICENSE PROVISIONS, SO AS TO DELETE THE AUTHORITY OF THE COURT TO IMPOSE BOTH A MONETARY PENALTY AND INCARCERATION.
Rep. KLAPMAN 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 577 -- Senators Hayes, McConnell, Long, Dennis, Branton, Bryan, Courson, Doar, Drummond, Fielding, Garrison, Giese, Hinson, Holland, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Matthews, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Thomas E. Smith, Jr., Thomas, Waddell and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.
Be it enacted by the General Assembly of the State of South Carolina:
Proposing state grand jury
SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended to read:
"Section 22. The petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts must be determined by law. All jurors in any trial court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Each juror must be a qualified elector under the provision of this Constitution and of good moral character."
Question for state grand jury
SECTION 2. The amendment proposed in Section must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written thereon: "Shall Section 18 of Article V of the Constitution of this State, relating to grand and petit juries be amended so as to authorize the General Assembly to establish a state grand jury by general law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Proposing state grand jury's right to return indictments
SECTION 3. It is proposed that Section 11 of Article I of the Constitution of this State be amended to read:
"Section 11. No person may be held to answer for any crime where the punishment exceeds a fine of two hundred dollars or imprisonment for thirty days, unless on a presentment or indictment of a grand jury of the county where the crime has been committed, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. The General Assembly may provide for the waiver of an indictment by the accused. Nothing contained in this Constitution is deemed to limit or prohibit the establishment by the General Assembly of a state grand jury with the authority to return indictments irrespective of the county where the crime has been committed and that other authority, including procedure, as the General Assembly may provide."
Question for state grand jury's right to return indictments
SECTION 4. The amendment proposed in Section 3 must be submitted to the qualified electors in the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written thereupon: "Shall Section 11 of Article I of the Constitution of this State, relating to the requirement that no person may be held to answer for any crime where the punishment exceeds a fine of two hundred dollars or imprisonment for thirty days, unless on a presentment or indictment of a grand jury where the crime has been committed with certain exceptions be amended so as to provide that nothing in the Constitution is deemed to limit or prohibit the establishment by the General Assembly of a state grand jury with the authority to return indictments irrespective of the county where the crime has been committed and with that other authority, including procedure, as the General Assembly may provide?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Approved the 3rd day of June, 1987.
Rep. TOAL moved to waive Rule 5.12.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baxley Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Edwards Evatt Faber Felder Ferguson Foxworth Gilbert Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Kohn Lewis Limehouse Mappus Martin, D. Martin, L. McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Simpson Snow Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Blackwell Mattos
So, Rule 5.12 was waived.
The question then recurred to the passage of the Joint Resolution on second reading.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Baxley Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Edwards Evatt Faber Felder Ferguson Foxworth Gilbert Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Kohn Lewis Limehouse Mappus Martin, D. Martin, L. McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, O. Rice Rogers, T. Rudnick Sharpe Thrailkill Toal Townsend Tucker Washington Wells Whipper Wilder Wilkins Winstead
Those who voted in the negative are:
Blackwell Mattos Rogers, J. Sheheen Shelton Simpson
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
S. 734 -- Judiciary Committee: A BILL TO AMEND CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND JURORS BY ADDING ARTICLE 15 SO AS TO ESTABLISH A METHOD FOR CONVENING AND SELECTING A STATE GRAND JURY, TO PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND OPERATIONS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING THE SECRECY RULES OF THE STATE GRAND JURY PROCEEDINGS.
Rep. TOAL moved to waive Rule 5.12, which was agreed to by a division vote of 75 to 1.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 5231Y), which was adopted.
Amend the bill, as and if amended, by striking Section 14-7-1620 of the 1976 Code as contained on page 2 and inserting:
/Section 14-7-1620. There is established a state grand jury consisting of eighteen persons who shall meet in Columbia or at another suitable place in this State designated by the chief administrative judge of the judicial circuit in which the Attorney General seeks to impanel the state grand jury for a term hereinafter provided. Twelve members of the state grand jury constitute a quorum./
Amend the bill further, as and if amended, by striking Section 14-7-1630 of the 1976 Code which begins on page 2 and inserting:
/Section 14-7-1630. (A) The jurisdiction of the state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of the state grand jury in all cases is limited to crimes involving narcotics, dangerous drugs, or controlled substances and crimes involving obscenity or any attempt, solicitation, or conspiracy to commit any of the aforementioned crimes if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State.
(B) Whenever the Attorney General considers it necessary, he may petition in writing to the Chief Administrative Judge of the judicial circuit in which he seeks to impanel the state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition also must specify that the public interest is served by the impanelment.
(C) The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the impaneling judge, by order, may extend the term of the state grand jury for a period of six months; provided that the term of the particular state grand jury, including any extension thereof, shall not exceed the period of two years.
(D) The Chief Administrative Judge of the circuit wherein the state grand jury is sitting shall preside over the state grand jury. This judge is referred to in this article as the presiding judge.
(E) The presiding judge may discharge the state grand Jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.
(F) If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (E) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal./
Amend the bill further, as and if amended, by striking Section 14-7-1660 of the 1976 Code which begins on page 4 and inserting:
/Section 14-7-1660. In the January following the effective date of this article and each January thereafter, the jury commissioners for each county shall proceed to draw at random from the jury box the name of one person for each one thousand residents or fraction thereof of the county as determined by the latest United States census; provided that following the effective date of this article, the impaneling judge may authorize an interim procedure for the selection of state grand jurors to constitute the first state grand jury established pursuant to this article. The jury commissioners shall not disqualify or excuse any individual whose name is drawn. When the list is compiled, the clerk of court shall forward the list to the person designated as the clerk of the state grand jury by the impaneling judge. Upon receipt of all the lists from the clerks of court, the clerk of the state grand jury shall draw therefrom at random a list of seven hundred eligible state grand jurors, this list to be known as the master list. The clerk of the state grand jury shall mail to every person whose name is drawn a juror qualification form, the form and the manner of qualifying potential state grand jurors to be determined by the Supreme Court. Based upon these inquiries, the clerk of the state grand jury shall determine solely on the basis of information provided in the state grand juror qualification form whether an individual is unqualified for, or exempt, or to be excused from jury service. The clerk of the state grand jury shall prepare annually a jury list of persons qualified to serve as state grand jurors, this list to be known as the qualified state grand jury list. No state grand juror may be excused or disqualified except in accordance with existing law.
Upon the impaneling judge ordering a term of the state grand Jury on petition of the Attorney General, the clerk of the state grand Jury shall, upon the random drawing of the names of sixty persons from the qualified jury list, summon these individuals to attend the jury selection process for the state grand jury. The jury selection process must be conducted by the presiding judge. The clerk of the state grand jury shall issue his writ of venire facias for these persons, requiring their attendance at the time designated. The writ of venire facias must be delivered immediately to the sheriff of the county where the person resides and served as provided by law. From the sixty persons so summoned, a state grand jury for that term of eighteen persons plus four alternates must be drawn in the same manner as jurors are drawn for service on the county grand jury. Jurors of the state grand jury must be paid the same per diem, mileage, and subsistence as are members of state boards, commissions, and committees./
Amend the bill further, as and if amended, by striking Section 14-7-1700 of the 1976 Code, as contained on page 6, and inserting:
/Section 14-7-1700. An official court reporter shall record, either stenographically or by use of an electronic recording device, all testimony from a fact witness testifying of his own knowledge about the matters upon which he is questioned. In addition, other proceedings of the state grand jury may also be recorded, except when the state grand jury is deliberating or voting, upon request of the Attorney General or his designee. Transcripts of such recorded testimony or proceedings must be made when requested by the Attorney General or his designee. An unintentional failure of any recording to reproduce all or any portion of the testimony or proceedings does not affect the validity of the prosecution. The recording or reporter's notes or any transcript prepared therefrom and all books, papers, records, correspondence, or other documents produced before the state grand jury must remain in the custody and control of the Attorney General or his designee unless otherwise ordered by the court in a particular case./
Amend the bill further, as and if amended, by striking Section 14-7-1780 of the 1976 Code, as contained on page 10, and inserting:
/Section 14-7-1780. The impaneling judge will make available suitable space for the state grand jury to meet. The State Law Enforcement Division shall also provide service as the state grand jury requires. The other costs associated with the state grand jury, including juror per diem, mileage, and subsistence must be paid from funds appropriated to the Judicial Department for this purpose by the General Assembly in the annual general appropriations act./
Amend the bill further, as and if amended, by adding the following new sections to the bill to be appropriately numbered which shall read:
/Section ______. The testimony from a fact witness testifying of his own knowledge about the matters upon which he is questioned before a county grand jury must be recorded in the same manner that fact testimony given before the state grand jury is recorded. In addition, other proceedings of the county grand jury may also be recorded, except when the county grand jury is deliberating or voting, upon request of the circuit solicitor. Transcripts of such recorded testimony or proceedings must be made when requested by the circuit solicitor. An unintentional failure of any recording to reproduce all or any portion of the testimony or proceedings does not affect the validity of the prosecution. Such testimony or proceedings before the county grand jury or other evidence received by it may not be disclosed except under those conditions and for those purposes that disclosure of testimony, proceedings, or evidence given to the state grand jury is authorized. The functions and responsibilities of the Attorney General in regard to the above before the state grand jury must be performed by the circuit solicitor in regard to the county grand jury.
Section ______. Within his circuit, the circuit solicitor shall possess all powers, and exercise all functions and responsibilities with regard to those cases over which the county grand jury has jurisdiction as does the Attorney General with regard to those cases over which the State grand jury has jurisdiction./
Renumber sections to conform.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended.
Rep. P. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Edwards Evatt Faber Fair Felder Ferguson Foxworth Gilbert Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Holt Huff Johnson, J.W. Jones Kay Kirsh Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, O. Rice Rogers, T. Rudnick Sharpe Shelton Simpson Snow Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 2825 -- Reps. McAbee, Waldrop, Gentry, Kay, Sharpe, Jones, Townsend, Tucker, P. Harris, J.C. Johnson, Carnell, Cooper, T. Rogers, Chamblee, Rudnick, T.C. Alexander, McLellan, L. Martin and Harvin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, MAY 26, 1987, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF UNVEILING A PORTRAIT OF THE HONORABLE WILLIAM JENNINGS BRYAN DORN.
The Honorable William Jennings Bryan Dorn and distinguished party were escorted to the rostrum by Governor Carroll A. Campbell and Senators Drummond, Powell, Courson and Mitchell and Reps. P. HARRIS, T.M. BURRISS and J.C. JOHNSON.
The President of the Senate recognized Rep. McABEE who introduced the honored guest as follows:
Rep. McABEE: "Thank you very much, ladies and gentlemen. It is a pleasure for me to welcome you here today. I would feel remiss if I didn't say a few words to begin our program, after which we'll have our invocation. It's an honor and a privilege for me to be here today to pay tribute to a great South Carolinian, one who contributed so much to so many. The biography in your program will attest to the significant accomplishments he has made to each of us while serving in the U. S. Congress and both houses of this General Assembly. William Jennings Bryan Dorn made the difference in legislation for veterans by sponsoring and supporting legislation that has established veterans hospitals across the nation, including one in Columbia which bears his name. He was an early co-sponsor of legislation that created the national interstate highway system which, through transportation, has enabled us in the South to become aggressive competitors with our highly industrialized parts of the country, and his promotion of the rural South, through economic development grants, provided for infrastructure for development and he has wisely utilized the same kind of grants to insure a clean and sound environment by aiding local areas for wastewater treatment plants. You will notice in your program that Congressman Dorn was instrumental in the creation of the Clarks Hill, Hartwell, and Richard B. Russell reservoirs, and the implications are certainly worth mentioning. These man-made lakes not only provide for a water resource for development of our area and our state and flood control, but provide thousands of dollars in electrical power savings to the electric co-ops and municipalities of our state.
But, more important than any of this, Bryan Dorn has been a friend to many of you individually, businesses of this state, other political leaders and to me. I remember some thirteen years ago, when he pushed me off a stump at his house, he said, 'Go ahead, don't be nervous. You'll get used to it.' The advice and support he has given to me, and the hours we've spent together in the car traveling to and from meetings in this state have been invaluable, and I appreciate it very much. I'm proud to be a South Carolinian, but I'm even prouder to know people like William Jennings Bryan Dorn.
We'll now have our invocation by the Rev. Johnson Griffin Dorn, pastor of Flint Groves Baptist Church in Gastonia, North Carolina."
Rev. Dorn: "I would like to say one personal word before we pray, that it gives me a very special privilege, as my dad's son, to offer this prayer of thanksgiving before this group. May we pray.
Eternal God, our Father, we gather this beautiful May afternoon to celebrate our love for a father, for a friend, for a colleague, for a fellow public servant. Father, we give You thanks for his life, for his love for this state, for our country. We come now to this wondrous place, where symbolically Your people are represented, from various counties, various localities throughout this great state. And, God, we know today that You are present here. Father, we give thanks for that. And we come now to this place, not to immortalize one, but we come to give thanks for memories, for a life well-lived, for service to this state. We pause now in these beginning moments to seek Your blessings upon this occasion, and also, O Lord, to ignite a fire within some of us to be Your servants, to be Your people, for we offer this prayer in the name of the Model Servant. Amen."
Rep. McABEE: "I would, at this time, like to recognize the portrait committee; they are seated to my right. They are: Senator Rembert Dennis; Steve Griffith, Jr.; John G. Beasley; Edward Poliakoff; Mack Fleming; P. Henderson Barnette; James C. Self; and, G. P. Callison. Our program committee is Nick A. Theodore, Robert J. Sheheen, and Richard W. Riley. At this time, I'd like to introduce the Dorn family. They are seated to my left in the gallery. Millie, would you and the rest of the Dorn family please stand and be recognized. We'll now have two selections by the Columbia Music Festival Association."
The Columbia Music Festival Association presented "America The Beautiful" and "Carolina In The Morning".
Rep. McABEE: "Before I introduce our speaker today, I would like to read you a letter that was received this morning from Jim Wright, the Speaker of the U. S. House of Representatives. It's addressed to Bryan. 'Please let me tell you how much I regret I'll be unable to join you and your friends throughout South Carolina for the unveiling of the portrait in Columbia on May 26th. Had I not been scheduled to be in Texas on that date, I would have gladly accepted the invitation I received to participate. The people of your great state, and those of us who served with you in the House are grateful for your leadership and distinguished service as Chairman of the Veterans Affairs Committee and as a ranking member of the Public Works Committee. You and Tiger Teague established a benefit and service program for veterans that is now recognized as the best in the world. For your great work as a member and Chairman of the Veterans Affairs Committee, your portrait now hangs in a place of honor in the Committee Hearing Room. Your leadership was again recognized by your colleagues when Congress passed legislation naming the outstanding veterans medical center in Columbia in your honor. Bryan, I congratulate you on this latest honor, and we wish for you, Millie and your many friends throughout South Carolina and the nation a wonderful and happy occasion.'
Our guest speaker today is certainly one who needs no introduction. I'm sure all of you know Robert E. McNair, former Governor of this state, and all of the things that he has done for South Carolina. Another great South Carolinian, without further adieu, the Honorable Robert E. McNair, Governor."
Governor McNair: "Thank you very much. You really don't have to do that. I wasn't sure when I left in January of 1971, after appearing before a Joint Session of the General Assembly, that I would be invited back again. So, I'm very happy to be here. I'm very privileged, Mr. President, Mr. Speaker, Governor Campbell, Governor Riley, members of the Joint Assembly, members of the Dorn family and friends, and that will be all inclusive, because no one has more friends than Bryan Dorn. I'm particularly pleased with the two musical selections, because they talked about two things that Bryan Dorn loves most, his country and his state, and I was going to say, save his family, and sometimes I think Millie and they would concur they are at least on an equal plane, if not below. So, I am very privileged to be here. I was honored and pleased to be invited to participate and to speak, and I know I speak for all of you, Governors, Senators, Congressmen, world leaders, freedom fighters around the world, and all of the host of people whose lives have been touched by the life and service of Bryan Dorn.
A man is known, they say, by the company that he keeps. In that sense, William Jennings Bryan Dorn belongs in a category reserved for only very special South Carolinians. The company he has kept has been the company of the farmer, the textile worker, the corporate giant, the head of state, the rich, the poor, the privileged and the needy. And by this company, diverse as the state itself in which we live, we have come to know Bryan Dorn. Today he becomes a part of yet another distinguished company. We dedicate this portrait of Bryan Dorn in the South Carolina House of Representatives and we assign him a place on the walls of this historic chamber among the greatest South Carolinians and Americans who ever lived. If a man is known by the company he keeps, then by this company Bryan Dorn takes his rightful place among the greatest South Carolinians and Americans who ever lived.
If a man is known by the company he keeps, Bryan Dorn rightfully deserves to be in this place. He belongs with Andrew Jackson, who opened wide the doors of the White House in Washington, and invited all the people to become a part of the democratic form of government. Bryan Dorn's home, as all of you know, has similarly been a meeting place of minds for those shaping the political future of our state.
Bryan Dorn belongs in the company of Robert E. Lee, who taught us duty has been the most sublime word in our language. Do your duty in all things, you cannot do more, you should wish to do no less. Bryan Dorn's sense of duty has carried him to public service on behalf of the people in our state in Columbia and in Washington. He has given freely of himself in every capacity, where he felt the public good could be served.
Bryan Dorn belongs here with Benjamin Mays, a constituent of his who went on to become President of Morehouse College. Dr. Mays told us it must be borne in mind that the tragedy of life doesn't lie in not reaching your goals, the tragedy lies in having no goal to reach. Not failure, but low aim, is sin. Bryan Dorn advanced the cause of all people, and championed legislation in the Sixties which corrected the inequities of the nation's past.
Bryan Dorn belongs here with Franklin Roosevelt, who told us in the depths of the Depression, that the test of our progress is not whether we add more to the abundance of those who have much, it is whether we provide enough for those who have too little. As an influential member of Congress, Bryan Dorn helped bring nutrition, health care and education to those Americans unable to provide for themselves.
Bryan Dorn takes his place today with Woodrow Wilson, a man of peace who believed that the world must be made safe for democracy. Bryan resigned his seat in the South Carolina Senate to volunteer in defense of our nation, serving three and a half years in the U. S. Air Force on behalf of the free nations of the world.
Today Bryan takes his place with John Rutledge, one of the four South Carolinians who signed the United States Constitution 200 years ago this year. Bryan Dorn has devoted his life to upholding and defending this Constitution and the guaranteeing of the rights of all Americans, regardless of their race, their creed, their color, their sex, or their religion.
Bryan Dorn is reunited today with Mendel Rivers, a man with whom he served in Congress for two decades. Bryan Dorn takes his place with the legend of the House, Solomon Blatt, a man who presided over this body, this House, when the then 22-year old Bryan Dorn took his place as the youngest member 50 years ago.
Today, we look around us and see portraits of men who have shaped and guided the course of this state and this nation. To that number, we add William Jennings Bryan Dorn, and we accord to him a rightful place among the greatest leaders our state has known. We acknowledge his service as a legislator in the House and the Senate here in Columbia, as a Congressman who attained international stature and yet never lost his touch with the people of this state. We recognize his full devotion to the defense of the nation, and we salute the unwavering support he has given to men and women who fought on behalf of American freedom elsewhere in the world.
Elsewhere in this city, the William Jennings Bryan Dorn Veterans Administration Hospital, an adjunct of the Medical College of the University, stands as a permanent memorial to his service on behalf of veterans. We recall the zeal with which he defended the jobs of the textile workers in South Carolina, particularly in the industry and we see the fight continuing today by South Carolina's Congressional delegation in the spirit and with the same intensity that Bryan Dorn gave that cause two decades ago. We look fondly upon Millie and the family, who have always been so much a part of Bryan Dorn's life and the contribution which he made to the people of South Carolina.
But, mainly today, we say to Bryan Dorn, himself, that we, your friends, your colleagues, your constituents, your admirers, thank you for the enormous good that has come from your service to our state and to our nation. You have been a giant among the leaders of our nation and the world. You've been a friend to the man who tills the soil. Your portrait takes its place among the portraits of those with whom you should feel comfortable and at home, your colleagues in greatness and service to our state and to our nation. As legislator, patriot, statesman, dedicated family man, devoted friend, and tireless worker on behalf of the people of your state, you join a select group of people today. To generations of future South Carolinians, Bryan Dorn will be known by the company he keeps, the greatest people who ever served this state and this nation. Thank you."
Rep. McABEE: "If I could, I'd like to have the Dorn grandchildren take their place by the portrait. I'd like to recognize the artist of this work, seated to my left, Michael Del Priore. Okay, gentlemen, if you'd like to unveil the portrait."
(Portrait is unveiled.) "It is now my pleasure to introduce someone who really needs no introduction, that is the Governor of our state, who has done an outstanding job in his short tenure, the Honorable Carroll A. Campbell, Jr., Governor of South Carolina."
Governor Campbell: "Thank you so very much. Thank you, Mr. Chairman. Mr. President, Mr. Speaker, distinguished honoree Bryan Dorn, Governors McNair and Riley, members of the Dorn family, members of the Joint Assembly, fellow South Carolinians, on behalf of the state of South Carolina, it is indeed an honor and privilege for me to officially accept this great portrait of a great South Carolinian.
William Jennings Bryan Dorn was destined to be a great politician. It came from his birth and his name. Certainly everyone recognized him as a future politician from the beginning. But he lived up to that early billing, and he did so in such a manner that we can all be very, very proud that William Jennings Bryan Dorn was a South Carolinian. He got a quick start in politics, as Governor McNair stated, coming into this body at the age of 22, and then going across the hall to the State Senate and being seated there, even though there was a ruling of age 25, he was seated, showing that he had tenacity, and he set his goals high. After a stint in World War II, he returned to South Carolina and then he became one of the youngest members of the United States Congress, serving with distinction for twenty-six years from the Third Congressional District. The Congressman from that district, Congressman Butler Derrick, is here with us today. His legacy in that body is marked by hard work, as has been mentioned, for our textile workers, for those who were in need, he had successful roles in building both the Hartwell Dam and the Richard B. Russell Dam and by his hard work on behalf of the veterans of this country.
But, let me give you a personal aside, as officially accept this. I've known Bryan Dorn for a number of years. I've always considered him a friend. He's a man that I, personally, would never hesitate to ask for advice, because I know that he gives to me as he would to any other friend, an honest assessment of any situation, and the best advice that he can. He always did that for the citizens of South Carolina; he gave them the best that he had.
You know, after he left public office in 1974 and went back to cattle and tree farming, he didn't quit. He went on to be the Commander of the American Legion in 1979 and 1980, still working for the veterans of this country. Someone once told a story about one of his grandchildren; I'm not sure of the origin of it, but the story went something like this. His grandchild thought that was the most important position Bryan had ever had, because he was then driving a new Legion car, and I believe that was the way that this child equated importance. That wasn't the way Bryan Dorn would do it.
Bryan Dorn is an important man, who never looked upon himself as important. And therein lies his strength. There's a story about a hunting trip that he took one time. He went out one day and there was a good guide and he went hunting. He had a successful day, and he tipped the guide a dollar. The guide thanked him, he said, 'Thank you so very much, Congressman.' The next day, he had an even better day hunting. Bryan came back in, and he tipped the guide two dollars. The guide looked at him and said, 'Thank you very much, Senator.' The next day, the guide did a super job; he just really outdid himself, and they had the best day hunting they had ever had. Bryan came back in and he was elated, and he said, 'How many children do you have?' The guide said, 'Five.' He said, 'Well, here's five dollars.' The guide looked at him, beamed ear to ear, bowed down and said, 'I knew you was somebody important all along. Thank you, Sheriff.'
House member, Senator, Congressman, soldier, farmer, family man, friend, patriot, in each of these roles, Bryan Dorn has been important because of his tremendous service to his fellow man, his state and his nation. On behalf of the citizens of this state, it is my privilege to accept the portrait and to introduce to you, the honoree, our colleague, a truly great South Carolinian, William Jennings Bryan Dorn."
Mr. Dorn: "Thank you, Governor. You know, sometimes I wonder who I am up here with all these fine comments and talk, but I appreciate it and on behalf of those in public life, those who serve the people, I want to thank all of you. Governor McNair, Governor Riley, Governor West, all of those people I served under and with, I look forward to serving you, Governor Campbell; you're going to be great. Lt. Governor Theodore, Speaker Sheheen, you know when I think back this morning, I think back over a time when Governor McNair was governor and he was helping us get I-77 to Columbia. I think about John C. Calhoun and those fellows literally praying for a connection between the East Coast and the West. It all came about with I-77, a hundred years later, with Cincinnati, Chicago, Cleveland and the West. You'll enjoy it more and more as time goes on. Highway 11, which is the same highway some of you fellows helped us get passed, is a great scenic route. If you've never been on Highway 11, go from Gaffney around to 85, where it crosses the Savannah River. Governor Riley, we'll always associate you with education in South Carolina, which is the main thing, transportation and education.
You know, I couldn't refrain from mentioning Senator Dennis -- he's the only man here, he and Senator Callison are here today -- who were here then in this General Assembly. They were both in the House and the Senate. This is a great honor to be back here to tell you thank you and that I've enjoyed serving with you fellows. South Carolina would not be the state it is if it had not been for you, and we appreciate it. I've had the honor to work with a number of fine people. Mack Fleming is here from Washington today, and Congressman Derrick, of course, but Mack Fleming probably had more to do with writing better legislation than anybody in this entire era. The G.I. Bill and all those things are products of his imagination and his mind. The American people are grateful to him, too. Jerry Beasley helped me more than anyone in Columbia to get the Williams Brice Stadium. I wish I had the time to tell you some things that you don't know. I remember when, late at night, the House was adjourning, and they passed the Bill which contained this provision for Williams Brice Stadium. We said, 'We can't get it over to the Senate in time, because the Senate is going to adjourn in a few minutes.' But Jerry Beasley and I dashed over there and we caught Ted Kennedy going in the Senate. He said, 'You boys have some kind of personal bill.' I said, 'Yes, we do.' So we got it on the floor, and Senator Hollings came in and we passed it that night for Williams Brice Stadium, and I'm glad, because that's a great addition to our state.
Ed Poliakoff -- he's here today -- he was with us in Washington with Mack Fleming. I remember Judge Griffith -- Steve's out here -- writing me when I was first elected about the importance, the necessity of supporting Sol Blatt for Speaker. I don't think he had much opposition, but he was just up for re-election, he had served one term. I never have forgotten that Judge Griffith wrote me a personal letter urging that I support Solomon Blatt. And I've been very proud of it ever since. People in Washington, when I first went up there, wondered how on earth you could elect a Jew Speaker of the House. They said, 'You couldn't do it in my state, that's most of the states of the North.' I said, 'Well, we're more democratic and we believe in brotherhood in South Carolina.' And so, we did that. But I remember Judge Griffith writing me about that.
Jim Self and Henderson Barnette are here today on this committee. They helped me along the way. You know, if you don't have any help, you can't get anywhere. They helped me get started, and I'll always be grateful. I already mentioned Senator Callison. Of course, Millie, how she put up with me all this time, I don't know. She never knew when I was coming home for dinner, even when I was coming home the next week. She worked for the United States Government for years and years, and never accepted a penny. You didn't know that, she probably did a million dollars worth of secretarial work for you in South Carolina and this country, and never accepted a penny.
The American Legion has already been mentioned. I think Jim is here today, and Roy Stone and all those fellows from the Legion, and I appreciate it, it was a great honor, the greatest honor that I've ever had to represent the Department of South Carolina and speak somewhere every night throughout the country. It was a great honor.
You mentioned Benjamin Mays, he was one of the dearest friends I ever had, a neighbor of mine. He was perhaps the greatest man I've ever known, and I've known a lot of good men, including many of you here today. But, I could sit down with Benjamin Mays and talk half of the night on the difference between hoeing cotton and chopping cotton; he knew the difference. It was the same way with Dr. Newman; I've been up and down the highways of this state with him in the middle of the night, campaigning. I miss Dr. Newman and I miss Dr. Mays. I never did meet personally Mary McLeod Bethune, but I voted for her in Washington, and I've always been proud I could do that. She was a great lady. I don't know of any state in the American - union with three portraits of black Americans on the walls of their state capitol. But you in South Carolina, you have not manifested the discrimination that some people, some states have, and I want to commend you on that. The mayor of Charlotte, North Carolina, Harvey Gantt, I wish you could have brought him with you. He got his start right there at Clemson. I'm proud of what I told President Kennedy -- he couldn't sleep at night, he was worried about what was going to happen at Clemson, the whole connotation of John C. Calhoun, the father of states' rights. They had already had a mess at the University of Mississippi, and he just thought they were going to do worse than that at Clemson. I told him, 'Mr. President, you won't have any trouble at all with Clemson. People down there are different, they're not like some of those folks out in the Deep South. It's true they're on Calhoun's old plantation, but it's different.' He thanked me later on -- Dr. Newman was there, he came to the White House -- he thanked me for telling the truth. He kept his cool, didn't get excited and we didn't have any trouble at Clemson at all.
You have a lot of problems, and my time is up, but I want to tell you that we are faced with a colossal, stupendous national debt. I wish you were there to handle it for us, because we'd be a lot better off if you were. You've done a great job in this state, with fiscal responsibility, education, and all of those great things. I want to take a stand and thank you for it on behalf of my family and the people of this state, who are proud of what you've done. You have served with great honor on this date and day in time.
De Tocqueville came to America, trying to decide what made America great. This was in 1830. He went through Pennsylvania, the great industrial complex, to see if that was what made it great. No, it was not that. Then he went to Washington and saw the Congress and no, it was not that. Then he went out west where the golden fields of grain were waving in Nebraska and Kansas, and couldn't find the greatness of America there. But, later on, when he visited the homes of the people, the churches and the schools, he realized that was the strength of America. So my admonition to all of us, is to resist that change, and keep our homes, our churches and schools, and we'll continue to be great. Thank you very much."
Rep. McABEE: "At this time we'll have our benediction by the Reverend Dr. Alton C. Clark, Chaplain of the House of Representatives."
Dr. Clark: "The Lord bless you and keep you,
The Lord make His face shine upon you and be gracious to you,
The Lord lift up His countenance upon you, and give you peace. Amen."
Upon the conclusion the distinguished party and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. RICE a temporary leave of absence.
The following Bill was taken up.
S. 748 -- Senator Bryan: A BILL TO AMEND ACT 464 of 1986, RELATING TO THE ADOPTION OF CHILDREN, SO AS TO PROVIDE FOR ADOPTION PROCEEDINGS IN PROGRESS BEFORE THE EFFECTIVE DATE OF THE ACT IN WHICH CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR THE PURPOSE OF ADOPTION TO BE CARRIED TO CONCLUSION PURSUANT TO THE ADOPTION PROVISIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS THEY EXISTED BEFORE THE EFFECTIVE DATE.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 49 to 0.
The Bill was read the second time and ordered to third reading.
Rep. FOXWORTH moved to adjourn debate upon the following Bill until Thursday, May 28, which was adopted.
H. 2959 -- Rep. Pearce: A BILL TO AMEND SECTIONS 46-41 -210 THROUGH 46-41 -230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE DEALERS AND HANDLERS GUARANTY FUND, ASSESSMENT ON GRAIN, AND THE REQUIREMENT FOR THE STATE TREASURER TO ADMINISTER THE FUND, AND ESTABLISH THE PROPOSED AMOUNT AND CLAIMS RELATED TO THE FUND, SO AS TO REDEFINE THE TERMS "FAIR MARKET VALUE" AND "DATE OF LOSS", INCREASE THE ASSESSMENT AND REQUIRE THE GRAIN DEALER TO BE RESPONSIBLE FOR PAYING THE INCREASE, NOT REQUIRE THE COLLECTION OF THE ASSESSMENT AT THE THREE MILLION DOLLAR LEVEL, PROVIDE PROTECTION FOR OTHERS SELLING GRAIN IN ADDITION TO THE PRODUCERS, DISALLOW PAYMENT OF BAD CHECKS THAT ARE HELD MORE THAN THIRTY DAYS, AND DELETE THE PAYOUT SCHEDULE AND REQUIRE CLAIMS TO BE PAID ON A FIRST COME FIRST SERVE BASIS: AND TO REPEAL SECTION 46-41-250, RELATING TO THE PROVISIONS FOR WAIVER OF PARTICIPATION IN THE FUND.
The following Bill was taken up.
S. 543 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROVIDE FOR THE PROHIBITION OF THE USE OF VARIOUS NETS AND SEINES IN THE WATERS OF THE STATE; TO AMEND SECTIONS 50-17-1050 AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS; AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 5235Y).
Amend the bill, as and if amended, by striking Section 50-17-115 as contained in SECTION 1 and inserting:
/Section 50-17-115. The use of trammel, pound, fyke, stop nets, and purse seines in the waters of this State from the saltwater-freshwater dividing line seaward is prohibited. The use of gill nets, except gill nets one hundred feet in length or less with a minimum mesh size of three inches stretched used in the Atlantic Ocean from the beaches seaward and only in those areas of the bays and sounds designated by the Division of Marine Resources for such purposes, is prohibited, except as permitted by Article 15 of this chapter. The user of a gill net must be within one hundred yards or hailing distance of the net at all times it is in use./
Amend further by striking SECTIONS 2 and 3 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. FOXWORTH explained the amendment.
The SPEAKER granted Rep. P. BRADLEY a leave of absence for the remainder of the day.
Rep. ARTHUR moved to adjourn debate upon the Bill until Wednesday, May 27, which was adopted.
The following Bill was taken up.
H. 2962 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING REQUIREMENTS WHEN A CHILD'S PHYSICAL OR MENTAL HEALTH OR WELFARE HAS BEEN OR MAY BE ADVERSELY AFFECTED BY ABUSE OR NEGLECT, SO AS TO DELETE THE PROVISION ALLOWING THE PERSON WHO REPORTS PURSUANT TO THIS SECTION TO CAUSE A REPORT TO BE MADE.
Rep. WILKINS explained the Bill.
Rep. WASHINGTON 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3068 -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO EMERGENCY PROTECTIVE CUSTODY BY A LOCAL CHILD PROTECTIVE SERVICE AGENCY, SO AS TO REVISE THE TIME WITHIN WHICH A PRETRIAL HEARING THEREON MUST BE HELD AND TO PROVIDE THAT AT THE PRETRIAL HEARING THE RESPONDENTS SHALL HAVE THE RIGHT TO CROSS-EXAMINE THE AGENCY'S WITNESSES AS TO ANY FACTS WHICH ARE ALLEGED TO FORM THE BASIS OF THE REMOVAL, BUT ARE ONLY ALLOWED TO SUBMIT EVIDENCE AND OFFER TESTIMONY AS TO WHETHER THE CHILD CAN BE ADEQUATELY PROTECTED WHILE REMAINING IN THE HOME.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 64 to 0.
Rep. HAYES 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 statewide day.
The SPEAKER sustained the Point of Order.
Rep. J. ROGERS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S. C., May 26, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 194:
S. 194 -- Senators Macaulay and Drummond: A BILL TO AMEND SECTION 44-7-1430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HOSPITAL REVENUE BOND ACT, SO AS TO DEFINE "AUTHORIZING ISSUER", "INTERGOVERNMENTAL LOAN AGREEMENT", "PROJECT COUNTY", AND "SUBSIDIARY LOAN AGREEMENT"; AND TO AMEND SECTION 44-7-1640, RELATING TO THE POWERS GRANTED BY THE HOSPITAL REVENUE BOND ACT AND THE ADOPTION OF BOND RESOLUTIONS, AND ARTICLE 11, CHAPTER 7, TITLE 44, RELATING TO THE HOSPITAL REVENUE BOND ACT, BY ADDING SECTIONS 44-7-1650 THROUGH 44-7-1720 SO AS TO AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF BONDS AND THE LENDING OF THE PROCEEDS TO HOSPITAL OR PUBLIC AGENCIES TO CONSTRUCT OR ACQUIRE HOSPITAL FACILITIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Columbia, S. C., May 26, 1987
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 S. 397:
S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.
Very respectfully,
President
No. 010
Received as information.
The following was received.
May 26, 1987
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3119, R-157, an Act:
TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1987-88 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1987-88.
This veto is based upon an opinion of the Attorney General's Office, a copy of which is enclosed, which states in concluding that certain sections of the Act are of doubtful constitutionality:
"You have asked for the opinion of this Office as to the constitutionality of H. 3119, R-157, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County. It has been, and continues to be, the opinion of this Office that sections one through seven and nine of the above-cited act, are most probably unconstitutional. For further discussions of the matter, I refer you to opinions of this Office dated June 4, 1986; June 21, 1985; June 18, 1984; June 7, 1983; January 6, 1983; June 2, 1983; June 14, 1982; and June 6, 1980, copies of which are enclosed. Section 8 would probably pass constitutional muster, as concluded in the opinions dated June 21, 1985 and June 4, 1986."
Yours sincerely,
Carroll A. Campbell
Governor
May 22, 1987
Mark Elam, Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
You have asked for the opinion of this Office as to the constitutionality of H. 3119, R-157, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County. It has been, and continues to be, the opinion of this Office that sections one through seven and nine of the above-cited act are most probably unconstitutional. For further discussions of the matter, I refer you to opinions of this Office dated June 4, 1986; June 21, 1985; June 18, 1984; June 7, 1983; January 6, 1983; June 2, 1983; June 14, 1982; and June 6, 1980, copies of which are enclosed. Section 8 would probably pass constitutional muster, as concluded in the opinions dated June 21, 1985 and June 4, 1986.
With kindest regards, I am
Sincerely,
Patricia D. Petway
Assistant Attorney General
Consideration of the Governor's veto on H. 3119, R. 157 was then taken up:
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Dangerfield Foxworth Holt Kohn Mappus Martin, D. Washington Whipper Winstead
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate sent to the House the following:
S. 810 -- Senators Horace C. Smith, Waddell, Wilson, McLeod, Lourie, Macaulay and Drummond: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES OF THE GENERAL ASSEMBLY TO RUSSELL B. "BO" SHETTERLY, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ASSOCIATION OF COUNTIES, WHO IS RESIGNING FROM THAT POSITION EFFECTIVE AUGUST 31, 1987, TO ENTER THE PRIVATE PRACTICE OF LAW IN COLUMBIA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolution was introduced, read the first time, and ordered placed on the calendar.
H. 3184 -- Rep. Felder: A JOINT RESOLUTION TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY FOR SCHOOL YEAR 1987-88.
Without reference.
The following Bill was taken up.
S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.
Rep. BAXLEY 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 157 -- Senators Williams and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-15 SO AS TO PROVIDE FOR ASSESSMENT OF ATTORNEY FEES AND INTEREST AGAINST PERSONS LIABLE FOR CLAIMS FOR PAYMENT FOR PERMANENT IMPROVEMENT TO REAL ESTATE WHO DO NOT INVESTIGATE THE MERITS OF A CLAIM AND PAY IT WITHIN FORTY-FIVE DAYS OF DEMAND IF IT IS DETERMINED TO BE VALID.
Rep. KLAPMAN 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 398 -- Senator Hayes: A BILL TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO AMEND SECTION 56-7-10, RELATING TO THE UNIFORM TRAFFIC TICKET AND THE OFFENSES CHARGED THROUGH USE OF THIS TICKET, SO AS TO ADD A VIOLATION OF SECTION 16-11-760 TO THE LIST OF THESE OFFENSES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 5148Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-11-760 of the 1976 Code is amended by adding at the end:
"Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars or by imprisonment for a term not exceeding thirty days, and this punishment is in addition to the other remedies which are authorized in this section."
SECTION 2. The crime in Section 16-11-760 of the 1976 Code is added to the list of crimes in Section 56-7-10 of the 1976 Code for which the uniform traffic ticket is to be used.
SECTION 3. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. HAYES explained the amendment.
Rep. KLAPMAN 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 664 -- Senators Lindsay, Mitchell, Bryan, Pope, Saleeby, Moore, Leventis, Macaulay, Setzler, J. Verne Smith, Courson, McConnell, Peeler, Thomas, Leatherman, Patterson, Wilson, Horace C. Smith, Doar, Fielding, Hinson, Powell, Holland, McGill, Shealy, Hayes, Lee and Lourie: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF THE PUBLIC SERVICE AUTHORITY TO SERVE ANY LOAD OF SEVEN HUNDRED FIFTY KILOWATT OR LARGER UPON REQUEST, SO AS TO PROHIBIT THE PUBLIC SERVICE AUTHORITY FROM SERVING ANY NEW PREMISES WITHIN THE TERRITORY.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 69 to 0.
Rep. AYDLETTE 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 710 -- Senators Lourie, J. Verne Smith, Courson, Branton, Macaulay, Mitchell, Bryan, Wilson, Setzler, Giese, Nell W. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2946 SO AS TO REQUIRE INVESTIGATION BY LOCAL LAW ENFORCEMENT AGENCIES, THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND THE ALCOHOLIC BEVERAGE CONTROL COMMISSION OF TRAFFIC-RELATED DEATHS OF PERSONS UNDER THE AGE OF TWENTY-ONE WHERE USE OF ALCOHOLIC BEVERAGES IS SUSPECTED TO BE A CAUSE.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 63 to 0.
Rep. HUFF explained the Bill.
Rep. KLAPMAN 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 statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3176 -- Reps. Lewis, Short, Boan, Sheheen and Hodges: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 10 SO AS TO CREATE THE UPPER WATEREE RIVER ECONOMIC DEVELOPMENT COMMISSION AND PROVIDE FOR ITS POWERS, DUTIES, AND RESPONSIBILITIES.
The following Bill was taken up.
S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.
Rep. HAWKINS moved to waive Rule 5.12, which was agreed to by a division vote of 47 to 0.
Rep. LOCKEMY explained the Bill.
Reps. LOCKEMY, FOSTER, THRAILKILL and HAWKINS proposed the following Amendment No. 1, which was adopted.
Amend as and if amended by adding a new Section:
In accordance with Section 7 of Act 608 of 1978, the existence of the State Board of Dentistry is reauthorized for six years.
Amend to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2607 -- Reps. Elliott, Pearce, Thrailkill and Barfield: 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 SALES OF MEALS OR FOODSTUFFS PROVIDED AT HOME TO ELDERLY OR DISABLED PERSONS TO OR BY NONPROFIT ORGANIZATIONS THAT RECEIVE CHARITABLE CONTRIBUTIONS FOR THE PURPOSE OF PROVIDING THE MEALS.
Rep. KIRSH proposed the following Amendment No. (Doc. No. 5423Y), which was adopted.
Amend the bill, as and if amended, by striking the unnumbered item added in Section 12-35-550 as contained in SECTION 1 and inserting:
"( ) The gross proceeds of the sales of meals or foodstuffs provided at home to elderly or disabled persons to or by nonprofit organizations that receive only charitable contributions in addition to sale proceeds for the purpose of providing the meals."/
Renumber items to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received from the Senate.
Columbia, S.C., May 26, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2590:
H. 2590 -- Ways and Means Committee: (The General Appropriations Bill)
Very respectfully,
President
No. 181
On motion of Rep. KIRSH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. McLELLAN, KIRSH and TOAL to the Committee of Conference on the part of the House and a message was ordered to the Senate accordingly.
The following Bill was taken up.
S. 189 -- Senator Wilson: 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 TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO AD VALOREM TAX EXEMPTIONS, SO AS TO EXTEND TO THE SURVIVING SPOUSE OF A PRISONER OF WAR THE PERSONAL VEHICLE TAX EXEMPTION.
Rep. KIRSH explained the Bill.
Rep. ALTMAN raised the Point of Order that the Bill was out of order as it did not have a Fiscal Impact Statement attached.
The SPEAKER stated that none was required and he overruled the Point of Order.
The Bill was read the second time and ordered to third reading.
H. 2836--OBJECTION WITHDRAWN AND DEBATE ADJOURNED
Upon the withdrawal of an objection by Rep. BLACKWELL the following Bill was taken up.
H. 2836 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 7, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD, INCLUDING, BUT NOT LIMITED TO, HAIL, WIND, OR LIGHTNING, OR FOR A FIRE NOT ATTRIBUTABLE TO THE INSURED, AND TO PROVIDE THAT NO INSURER WHICH OFFERS A COMBINATION HOMEOWNERS AND AUTOMOBILE INSURANCE POLICY MAY NONRENEW THIS POLICY FOR OTHER THAN THE REASONS PRESCRIBED IN SECTION 38-37-310.
Rep. HOLT moved to adjourn debate upon the Bill until Wednesday, May 27, which was adopted.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.
Rep. FOXWORTH objected.
Reps. LEWIS and SHORT, with unanimous consent, withdrew their objections to S. 346.
The Conference Report on the following Bill was taken up.
S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.
Rep. McTEER explained the Conference Report.
The question then recurred to the adoption of the Conference Report, which was agreed to by a division vote of 67 to 6 and a message was ordered sent to the Senate accordingly.
The following was received.
May 26, 1987
Honorable Robert J. Sheheen
Speaker, The House of Representatives
P.O. Box 11867
Columbia, SC 29211
Dear Mr. Speaker:
Mr. Steve Hamm and Mr. John Richards are hereby designated by Mr. Rogers and myself to assist us as technical advisors to S. 593 and will be present on the floor of the House during the debate of this important legislation.
Yours very truly,
David H. Wilkins
Received as information.
The following Bill was taken up.
S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE FOR THE REGULATION OF AUTOMOBILE INSURANCE IN SOUTH CAROLINA, SO AS TO FURTHER PROVIDE FOR THIS DECLARATION OF PURPOSE; TO AMEND SECTION 38-37-320, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE REFERENCES TO COLLISION COVERAGE; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE INSURANCE FOR ANY APPLICANT WHO DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE EXCEPTIONS; TO AMEND ARTICLE 9, CHAPTER 37 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, BY ADDING SECTIONS 38-37-785, 38-37-795, 38-37-800, AND 38-37-810, SO AS TO REQUIRE EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE WITH THE CHIEF INSURANCE COMMISSIONER PRIOR TO OCTOBER 1, 1987, A BASE RATE AND AN OBJECTIVE STANDARDS RATE, AND TO PROVIDE THAT THOSE RATES ARE EFFECTIVE MARCH 1, 1988, UNDER CERTAIN CONDITIONS; TO PROVIDE FOR A FACILITY RECOUPMENT CHARGE ON CERTAIN BASE RATES, PROVIDE THE FORMULA FOR ITS ANNUAL CALCULATION, AND PROVIDE FOR THE CLASSIFICATION AND USE OF RECOUPMENT CHARGES; TO AMEND ARTICLE 11, CHAPTER 37 OF TITLE 38, RELATING TO UNLAWFUL ACTS FOR PURPOSES OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-935, SO AS TO PROVIDE FOR THE WRITING OF COLLISION AND COMPREHENSIVE COVERAGE, DEDUCTIBLE AMOUNTS, CIRCUMSTANCES WHERE AN INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 20, by Rep. AYDLETTE.
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Rep. AYDLETTE proposed the following Amendment No. 6, which was adopted.
Amend and as if amended by adding a new section:
_______________ "When dealing with the agents of the Company which are licensed to sell automobile insurance, the Company may not use any of the business placed in the facility in determining the profitability of that agent's business. Further, the Company shall not ask any agent not to write any kind of automobile business or hold the facility business against any agent in any manner which could be construed as being detrimental to the agent."
Amend titles and section to conform.
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Reps. J. ROGERS, WILKINS and HUFF proposed the following Amendment No. 7 (Doc. No. 5104Y), which was adopted.
Amend the bill, as and if amended, in Section 38-37-930 of the 1976 Code as contained in Section 3 by inserting immediately before /false/ as contained on line 14 of page 7 /material/.
Amend the bill further, as and if amended, by adding the following new paragraph at the end of Section 38-37-785 of the 1976 Code on page 12 to read:
/The Consumer Advocate, upon request to the Commissioner, must be provided by him with a copy of any base rate filed with the Commissioner along with any supporting materials, documents, or studies utilized to support the filed base rate. In addition, every automobile insurer and rating organization shall promptly respond to requests for information and data requested by the Consumer Advocate relating to the filed base rate. The Consumer Advocate must be afforded an opportunity for a hearing before the Commissioner on any filed base rate before it takes effect that he believes does not meet the requirements of this section. Final decisions of the Commissioner regarding this hearing are subject to the provisions of the State Administrative Procedures Act./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 8 (Doc. No. 4721Y), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Section 56-11-190 of the 1976 Code is amended to read:
"Section 56-11-190. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-11-200 with respect to each such motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration shall may be issued or transferred to an owner by the Chief Highway Commissioner Executive Director unless the owner or prospective owner produces satisfactory evidence that such the security is in effect, including the name of the owner's automobile liability insurer, the name of the agent, the identification number of the insurance policy, and the effective dates of the policy, except in cases where other security is approved."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. OGBURN proposed the following Amendment No. 9 (Doc. No. 5088Y).
Amend the bill, as and if amended, in Section 38-37-320, as contained in SECTION 2, page 3, by striking lines 41 through 45 and by striking lines 1 through 16 on page 4.
Amend further, in Section 38-37-930, as contained in SECTION 3, page 9, by adding an appropriately lettered subsection to read:
/( ) For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record prior to issuing a policy of insurance./
Reletter to conform.
Amend title to conform.
Rep. OGBURN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. MAPPUS proposed the following Amendment No. 11, which was adopted.
Amend as and if amended, strike lines 40, 41 and 42 on page 7 (0593-8), being Subsection (C) of item 9 in Section 3.
Rep. MAPPUS explained the amendment.
The amendment was then adopted.
Reps. WILKINS, J. ROGERS, HUFF, T.M. BURRISS, AYDLETTE, MAPPUS, L. MARTIN and R. BROWN proposed the following Amendment No. 13 (Doc. No. 5322Y), which was later adopted.
Amend the bill, as and if amended, in Section 38-37-930, as contained in SECTION 3, page 6, by striking item (5) on lines 27 through 32.
Renumber sections to conform.
Amend title to conform.
Rep. MAPPUS explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. WILKINS, J. ROGERS, HUFF, T.M. BURRISS, AYDLETTE, MAPPUS, L. MARTIN and R. BROWN proposed the following Amendment No. 14 (Doc. No. 5326Y).
Amend the bill, as and if amended, in Section 38-37-930, as contained in SECTION 3, page 8, line 1, by striking /still considered dependents/.
Amend title to conform.
Rep. L. MARTIN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. TOAL moved to reconsider the vote whereby debate was adjourned on Amendment No. 13, which was agreed to.
The amendment was then adopted.
Reps. WILKINS, J. ROGERS, HUFF, T.M. BURRISS, AYDLETTE, MAPPUS, L. MARTIN, and R. BROWN proposed the following Amendment No. 15 (Doc. No. 5325Y).
Amend the bill, as and if amended, in Section 38-37-930, as contained in SECTION 3, page 5, line 18, by striking /four/ and inserting /five/.
Amend title to conform.
Rep. R. BROWN moved to adjourn debate upon the amendment, which was adopted.
Reps. WILKINS, J. ROGERS, HUFF, T.M. BURRISS, AYDLETTE, MAPPUS, L. MARTIN and R. BROWN proposed the following Amendment No. 16 (Doc. No. 5358Y), which was adopted.
Amend the bill, as and if amended, in Section 38-37-785 as contained in Section 6, page 11, by inserting before /No/ on line 22:
/In determining the base rate and objective standards rate, by coverage, the Commissioner, in order that no extra premium revenue is generated by this section, shall require that the insurer's average rate, by coverage, on October 1, 1987 (computed as a weighted average of the base rate and objective standards rate, by coverage, as determined by the Commissioner), not exceed the insurer's average rate, by coverage, prior to October 1, 1987, as determined by the Commissioner./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MAPPUS explained the amendment.
The amendment was then adopted.
Reps. AYDLETTE, WILKINS and J. ROGERS proposed the following Amendment No. 17, which was adopted.
Amend as and if amended, section 56-11-250 by changing the word "may" to "must" so that it will read:
"Notwithstanding the definition of 'Insured' in Article 7 of Chapter 9, the insurer and any insured shall, by the terms of a written amendatory endorsement, the form of which has been approved by the Chief Insurance Commissioner, agree that coverage under such a policy of liability insurance shall not apply while the motor vehicle is being operated by a natural person designated by name."
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Reps. WILKINS, J. ROGERS, L. MARTIN, T.M. BURRISS, AYDLETTE, MAPPUS and R. BROWN proposed the following Amendment No. 22 (Doc. No. 5383Y), which was adopted.
Amend the bill, as and if amended, page 2, by striking SECTION 2 in its entirety and inserting:
/SECTION 2. The General Assembly directs the Chief Insurance Commissioner to review the current system of classifying and rating youthful male and youthful female operators for automobile insurance under Section 38-37-320 of the 1976 Code. Not later than February 1, 1988, the Commissioner shall by regulation promulgate any changes in the system he considers necessary fairly and equitably to classify and rate such operators for insurance purposes, and to promote safe driving performance./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Reps. HUFF, T. ROGERS, J.C. JOHNSON, STURKIE, LEWIS, GREGORY and SHORT proposed the following Amendment No. 23 (Doc. No. 5264Y), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. Section 56-9-810 of the 1976 Code, as last amended by Act 80 of 1977, is further amended by adding:
"(5) 'Underinsured motor vehicle' means a motor vehicle as to which there is bodily injury liability insurance or a bond applicable at the time of the accident in an amount of at least that specified in Section 56-9-820 and the amount of the insurance or bond:
(a) is less than the limit for underinsured motorist coverage under the insured's policy; or
(b) has been reduced by payments to persons, other than an insured, injured in the accident to an amount less than the limit for underinsured motorist coverage under the insured's policy."
SECTION ____. Section 56-9-831 of the 1976 Code, as added by Act 569 of 1978, is amended to read:
"Section 56-9-831. Automobile insurance carriers shall offer, at the option of the insured, uninsured motorist coverage up to the limits of the insured's liability coverage in addition to the mandatory coverage prescribed by Section 56-9-830. Such carriers shall also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured liability coverage to provide coverage in the event that damages are sustained in excess of the liability limits carried by an at fault insured or underinsured motorist. If, however, an insured or named insured is protected by uninsured or underinsured motorist coverage in excess of the basic limits, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. If none of the insured's or named insured's vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with the excess or underinsured coverage. Coverage on any other vehicles shall not be added to that coverage. Benefits paid pursuant to this section shall be are not subject to subrogation and assignment."/
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. AYDLETTE spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
The amendment was then adopted.
Rep. OGBURN proposed the following Amendment No. 27, which was adopted.
Amend the Bill as and if amended by inserting the following additional section:
S.C. Code, Section 38-37-950 is amended as follows:
A prima facie case of excessive or unreasonable utilization shall be established upon a showing that an automobile insurance insurer or a group of such insurers under the same management has ceded or is about the cede more than thirty-five forty percent of total direct written premiums on South Carolina automobile insurance as reported in the most recently filed annual statement(s) of such insurer or group.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
Rep. OGBURN proposed the following Amendment No. 28 (Doc. No. 5409Y), which was adopted.
Amend the bill, as and if amended, in Section 38-37-320, as contained in SECTION 2, page 3, by inserting:
/The Chief Insurance Commissioner shall by regulation establish revised driver risk classifications that accurately reflect losses in each category of risk./
Amend title to conform.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
Reps. OGBURN and MOSS proposed the following Amendment No. 30 (Doc. No. 5170Y).
Amend the bill, as and if amended, by adding a section appropriately numbered to read:
/SECTION. Article 1, Chapter 9, Title 38 of the 1976 Code is amended by adding:
"Section 38-9-390. An insurance company's reserves set aside for losses and incurred but not reported losses may not be considered when determining whether or not the insurance company is entitled to a rate increase."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. OGBURN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. OGBURN and MOSS proposed the following Amendment No. 31 (Doc. No. 5171 Y).
Amend the bill, as and if amended, by adding a section appropriately numbered to read:
/SECTION ____. Notwithstanding any other provision of law, the Chief Insurance Commissioner is authorized to order automobile insurers doing business in this State to refund excess profits from automobile insurance to South Carolina policyholders./
Renumber sections to conform.
Amend title to conform.
Rep. OGBURN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. OGBURN proposed the following Amendment No. 32, which was adopted.
Amend the bill as and if amended by inserting the following additional section:
Chapter 1 of Title 38 of the 1976 Code is amende by adding:
"Section 38-1-140. (A) In considering any rate filing or in reviewing any rate in effect for automobile insurance, or upon complaint or petition by the Consumer Advocate, the Chief Insurance Commissioner shall review the previous three years experience with the rate being reviewed, or as much of the period as is available. If the insurer has realized an unfairly discriminatory, excessive, or unreasonable profit, in the opinion of the Commissioner, the Commissioner shall order the same removed and require that the individual rate maker, bureau or insurer to promulgate a rate which is not unfairly discriminatory, excessive, or unreasonable and order a pro rata rebate of any unfairly discriminatory, excessive, or unreasonable amount charged together with interest at the rate of twelve percent per annum either in the form of a cash refund or as a credit toward the future premiums. The Commissioner shall rescind the order of rebate only upon a showing that compliance would cause an insolvency.
(B) In making the determination that a rate is unfairly discriminatory, excessive, or unreasonable, the Insurance Department shall, in accordance with the generally accepted and reasonable actuarial techniques, consider the following factors:
1. Past and prospective loss experience within and without this state.
2. Past and prospective expenses.
3. The degree of competition among insurers for the risk insured.
4. Investment income reasonably expected by the insurer, consistent with the insurer's investment practices, from investable premiums anticipated in the filing, plus any other expected income from currently invested assets representing the amount expected on unearned premium reserves and loss reserves. The Department may promulgate rules utilizing reasonable techniques of actuarial science and economics to specify the manner in which insurers shall calculate investment income attributable to such classes of insurance written in this state and the manner in which such investment income shall be used in the calculation of insurance rates. Such manner shall contemplate allowances for an underwriting profit factor and full consideration of investment income which produce a reasonable rate of return; however, investment income from invested surplus shall be considered.
5. The reasonableness of the judgment reflected in the filing.
6. Dividends, savings, or unabsorbed premium deposits allowed or returned to South Carolina policyholders, members, or subscribers.
7. The adequacy of loss reserves.
8. The cost of reinsurance.
9. Trend factors, including trends in actual losses per insured unit for the insurer making the filing.
10. A reasonable margin for underwriting profit and contingencies.
11. Other relevant factors which impact upon the frequency or severity of claims or upon expenses.
(C) After consideration of the rate factors provided in paragraph (B) a rate may be found by the department to be excessive, unreasonable, or unfairly discriminatory based upon the following standards.
1. Rates shall be deemed excessive if they are likely to produce a profit from South Carolina business that is unreasonably high in relation to the risk involved in the class of business or if expenses are unreasonably high in relation to services rendered.
2. Rates shall be deemed excessive if, among other things, the rate structure established by a stock insurance company provides for replenishment of surpluses from premiums, when the replenishment is attributable to investment losses.
3. Rates shall be deemed inadequate if they are clearly insufficient, together with the investment income attributable to them, to sustain projected losses and expenses in the class of business to which they apply.
4. A rate shall be deemed inadequate as to the premium charged to a risk or group of risks if discounts or credits are allowed which exceed a reasonable reflection of expense savings and reasonably expected loss experience from the risk or group of risks.
5. A rate shall be deemed unfairly discriminatory as a risk or group of risks if the application of premium discounts, credits, or surcharges among such risks does not bear a reasonable relationship to the expected loss and expense experience among the various risks.
(D) In reviewing a rate filing, the department may require the insurer to provide at the insurer's expense all information necessary to evaluate the condition of the company and the reasonableness of the filing according to the criteria enumerated in this section.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
Rep. KOHN proposed the following Amendment No. 34, which was adopted.
Amend as and if amended by adding the word "knowingly" at the beginning of line 11, Subsection F on page 7.
Rep. KOHN explained the amendment.
The amendment was then adopted.
Reps. McLELLAN, SHEHEEN, KIRSH, TOAL, J. ROGERS, MAPPUS, SIMPSON, HAWKINS, L. MARTIN, BLACKWELL, T.C. ALEXANDER, HUFF, WILKINS, P. BRADLEY, McCAIN and TUCKER proposed the following Amendment No. 35 (Doc. No. 5441Y), which was adopted.
Amend the bill, as and if amended, by adding a section appropriately numbered to read:
/SECTION ____. The Chief Insurance Commissioner may not approve any automobile insurance rate increases until after the implementation of the provisions of this act. The provisions of this section are hereby declared to be severable and if any portion of this section is declared to be unconstitutional, unlawful, or unenforceable by a court of competent jurisdiction, this declaration shall not affect the remaining provisions of this act./
Renumber sections to conform.
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Reps. LIMEHOUSE, R. BROWN, L. MARTIN, MAPPUS, H. BROWN, KOHN, McCAIN, SHORT, T.M. BURRISS, EVATT, CORK, DAVENPORT, PETTIGREW, WASHINGTON, TUCKER, BEASLEY, FERGUSON, BAXLEY, T. ROGERS, TOAL, McABEE, CLYBORNE, HASKINS, J.W. McLEOD and FELDER proposed the following Amendment No. 36 (Doc. No. 5416Y), which was adopted.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ____. Section 56-9-850 of the 1976 Code is amended to read:
"Section 56-9-850. If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured be is unknown, there shall be is no right of action or recovery under the uninsured motorist provision, unless:
(1) The the insured or someone in his behalf shall have has reported the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence; and unless
(2) The injury or damage was caused by physical contact with the unknown vehicle, and the injury or damage was caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle;
(3) The the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Reps. LIMEHOUSE, L. MARTIN, MAPPUS, J.W. JOHNSON, AYDLETTE, R. BROWN, HUFF, H. BROWN, CORK, PETTIGREW, McCAIN, T.M. BURRISS, EVATT, DAVENPORT, HEARN, BAXLEY, FELDER and HASKINS proposed the following Amendment No. 37 (Doc. No. 5419Y), which was adopted.
Amend the bill, as and if amended, in item (3) of subsection (A) of Section 38-37-930 of the 1976 Code, as contained in SECTION 3, page 5, line 16, by inserting after /person/ /in excess of three hundred dollars per person/; and on line 18 by striking /four hundred/ and inserting /seven hundred fifty/.
Amend and title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. OGBURN proposed the following Amendment No. 38 (Doc. No. 5432Y), which was adopted.
Amend the bill, as and if amended, by adding a section, appropriately numbered to read:
/SECTION ____. Article 5 of Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-325. In addition to risk and territorial classification plans promulgated under Section 38-37-320, the Commissioner may promulgate plans to afford credits or discounts to automobile insureds, or he may approve the credit or discount plans filed with him by insurers of automobile insurance. No automobile insurance credit or discount plan may be promulgated or approved by the Commissioner unless: (1) the criteria for determining eligibility for credits or discounts under the plan are objective, clear, and unequivocal; (2) the criteria are based upon factually or statistically supported data; and (3) the credits or discounts provided under the plan will be afforded by the insurer on a nondiscriminatory basis to all insureds who are eligible therefor. If an insurance credit or discount plan is given to an insured pursuant to this section, the policy may not be ceded to the Reinsurance Facility."/
Renumber sections to conform.
Amend title to conform.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
Rep. OGBURN proposed the following Amendment No. 39 (Doc. No. 5440Y), which was adopted.
Amend the bill, as and if amended, in Section 38-37-785, as contained in SECTION 6, p. 11, line 36, by striking /March/ and inserting /July/ and on line 38, by striking /March/ and inserting /July/, and on page 12, line 1, by striking /March/ and inserting /July/.
Amend further, in Section 38-37-810, as contained in SECTION 9, p. 14, line 36, by striking /March/ and inserting /July/ and on line 38 by striking /March/ and inserting /July/.
Amend title to conform.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
Rep. O. PHILLIPS proposed the following Amendment No. 43 (Doc. No. 5457Y), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 38-37-320 of the 1976 Code is amended to read:
"Section 38-37-320. No distinctions shall be are permitted nor may be made between policyholders or applicants for such automobile insurance as respects coverages, policy terms, rates, premium payment arrangements, claim services, or other services provided by the insurer directly or through its agents or employees except as such these distinctions are relevant to and reflected in insurers' rating classifications under risk and territorial classification plans promulgated by the Commissioner and approved by the Commission. No such risk classification plan shall may be so promulgated or approved unless the criteria used for classifying risks are objective, clear, and unequivocal and based upon factually or statistically supported data, nor unless the classifications in the rating plan are calculated to render possible the compilation of credible statistical data both for purposes of determining premiums and losses and for comparing the relative relationships between the loss or expense experience or both of the respective classes. As regards its approval or disapproval of risk and territorial classification plans, the Commission shall must be guided as respects the exercise of its discretion by the legislative intent of Articles 1 to 15 of this chapter which is to make it possible for the Commissioner to determine the total profit or loss and expense operating results of the entire line of automobile insurance and each component thereof and of each automobile insurer transacting insurance within the line and each component and to make price comparisons between the rates and premium charges of the various insurers; it being the further policy of Articles 1 to 15 of this chapter to render possible the evaluation by the Commissioner of the performance of the total insurance market and to enable him thereby to assist automobile insurance consumers in making appropriate consumer decisions.
In order to promote safer driving, an inexperienced driver risk classification plan must be established to include all risks with less than three years' driving experience. Every risk classified as an inexperienced driver must be afforded a driver training credit of at least ten percent of the rate or premium charged for bodily injury liability, property damage liability, and collision coverages upon the successful completion of a driver education program approved by the State Department of Education or the Department of Highways and Public Transportation. The Commissioner by regulation shall promulgate an inexperienced driver risk classification plan to become effective on March 1, 1988; provided, that for the three-year period following the establishment of this plan, no risk classified as an inexperienced driver may receive more than a one-third increase in rate or premium charge each year as a result of being so classified.
After moving from the inexperienced driver risk classification plan, no person may be charged a higher premium based on age or sex and the person's driving record must be the only factor used in determining the premium charged."/
Renumber sections to conform.
Amend title to conform.
Rep. O. PHILLIPS explained the amendment.
Reps. R. BROWN and McLELLAN spoke against the amendment.
Rep. O. PHILLIPS spoke in favor of the amendment.
Rep. R. BROWN moved to table the amendment, which was agreed to by a division vote of 76 to 19.
Reps. WILKINS and J. ROGERS proposed the following Amendment No. 44 (Doc. No. 5452Y), which was adopted.
Amend the bill, as and if amended, by adding at the end of Section 38-37-785 of the 1976 Code, as contained in SECTION 6, the following:
/The provisions of the Administrative Procedures Act apply to any court appeal of a base rate or objective standards rate brought thereunder; provided, that the base rate or objective standards rate approved by the Commissioner may be put into effect under bond in a similar manner that a public utility may put a proposed rate increase into effect under bond as provided by law./
Amend title to conform.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Reps. WILKINS and J. ROGERS proposed the following Amendment No. 45 (Doc. No. 5454Y), which was adopted.
Amend the bill, as and if amended, in Section 38-37-800 of the 1976 C-ode, as contained in SECTION 8, page 14, by striking the last sentence of Section 38-37-800 and inserting:
/If it is determined that the Facility recoupment charges were improperly calculated, the Commissioner shall then establish the appropriate charges; provided, that the provisions of the Administrative Procedures Act apply to any court appeal brought thereunder and the charges approved by the Commissioner may be put into effect under bond in a similar manner that a public utility may put a proposed rate increase into effect under bond as provided by law./
Amend title to conform.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Rep. TOAL proposed the following Amendment No. 47, which was adopted.
Amend as and if amended, Ogburn Amendment No. 32, Section 38-1-140(A) by adding at line 3 after the words "Consumer Advocate," the words "or any other interested party";
By adding at line 4 after the word "Commissioner", the words "if the petition for review is granted";
By striking at Section 38-1-140(B) line 4, the word "consider" and substituting therefor the words "include consideration of";
And by striking from Section 38-1-140(B) (4), p. 2, line 13 the word "not" between "shall" and "be".
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 48 (Doc. No. 5464Y), which was tabled.
Amend the bill, as and if amended, by striking SECTION 5, page 10, lines 20 through 42.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
. Rep. R. BROWN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 63 to 18.
Rep. RUDNICK proposed the following Amendment No. 49 (Doc. No. 5404Y;, which was tabled.
Amend the bill, as and if amended, by striking Section 38-37-935 of the 1976 Code, as contained in Section 10, and inserting:
/Section 38-37-935. (A) All automobile insurers, including those insurance companies writing private passenger physical damage coverages only shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to any insured or applicant who requests such coverage.
Collision coverage must have a mandatory deductible of fifty dollars, but an insured or applicant, at his option may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages may not be subject to any mandatory deductible, but an insured, at his option may select a deductible of from fifty to one thousand dollars in appropriate increments. It is an unfair trade practice, as described in Sections 38-55-30 and 38-55-40, for an insurer or an agent to sell collision insurance with a fifty dollar deductible or comprehensive coverage or fire, theft, and combined additional coverages without a deductible unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner.
(B) No policy of insurance which provides automobile physical damage coverage only may be ceded to the Facility.
(C) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-37-785 if the rates are filed and approved by the Chief Insurance Commissioner./
Amend title to conform.
Rep. RUDNICK explained the amendment.
Reps. AYDLETTE and McLELLAN spoke against the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 67 to 12.
Rep. RUDNICK proposed the following Amendment No. 50 (Doc. No. 5459Y), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____.Section 38-3-80 of the 1976 Code is amended to read:
"Section 38-3-80. The Chief Insurance Commissioner shall be selected by the Commission, which may remove or discharge him for good cause. The Chief Insurance Commissioner shall not be subject to the State Employee Grievance Committee nor any internal grievance procedure established at the Insurance Department. His term of employment shall be for four years, unless earlier terminated for good cause, and he shall be eligible for reemployment. He shall receive such annual salary as may be provided by law. The commissioner shall be hired with special reference to his training, experience, technical knowledge of the insurance industry and demonstrated administrative ability. He shall be at least thirty years of age. He shall hold no other public office while serving as Commissioner, but shall deviate all of his working time to the duties of his office. Before taking the oath of office he shall sever all connections, either direct or indirect, except as a policyholder, with any insurance company or agency and shall maintain the severance during his tenure of office. No person shall be eligible to serve as Commissioner who has been a member of the Commission. If he becomes a candidate for public office or becomes a member of a political committee during tenure, his office as Commissioner shall be immediately vacated. (A) The Commissioner must be elected by the qualified electors of the State in the general election commencing in 1988 and each four years thereafter. He may succeed himself in the office. His term shall begin at noon on the first Wednesday following the second Tuesday in January next after his election and shall end at noon on the first Wednesday following the second Tuesday in January four years later.
(B) The Commissioner is not subject to the State Employee Grievance Committee nor any internal grievance procedure established at the Insurance Department. He shall receive such annual salary as may be provided by law. He must be at least thirty years of age. He may hold no other public office while serving as Commissioner but shall devote all of his working time to the duties of his office. Before taking the oath of office he shall sever all connections, either direct or indirect, except as a policyholder, with any insurance company or agency and shall maintain the severance during his tenure of office. No Person is eligible to serve as Commissioner who has been a member of the Commission. If he becomes a candidate for any other public office or becomes a member of a political committee during tenure, his office as Commissioner must be immediately vacated.
(C) If any vacancy occurs in the office of Chief Insurance Commissioner, the vacancy must be filled by a majority vote of the Insurance Commission.
(D) The Insurance Commission shall issue to the Commissioner general policies and broad objectives regarding the operation of the insurance industry in this State. The Commission shall review, amend, and supplement these policies and objectives as it sees fit. The Commissioner shall forcefully pursue these policies and objectives and has the task of developing and implementing specific plans, programs, and techniques necessary to further to the commission's policies and objectives."
SECTION ____ The Chief Insurance Commissioner serving on the effective date of this act shall continue to serve until his successor is elected and qualifies for office pursuant to the provisions of Section 1.
SECTION ____ Section 38-3-60 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 50 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Further proceedings were interrupted by unanimous consent requests, the pending question being consideration of amendments.
On motion of Rep. TOAL, with unanimous consent, the following was taken up for immediate consideration:
H. 3185 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Evatt, Faber, Hearn, T. Rogers, Toal, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, R. Brown, J.H. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. LUTHER L. TAYLOR, SR., OF COLUMBIA, FATHER OF REPRESENTATIVE LUTHER L. TAYLOR, JR., UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The House stood in a moment of silence out of respect for the late Luther L. Taylor, Sr., the father of colleague, LUTHER L. TAYLOR, JR.
Rep. T. ROGERS moved that when the House adjourns it adjourn out of memory and respect for the late Luther L. Taylor, Sr., father of Rep. LUTHER L. TAYLOR, JR., which was agreed to.
The following was introduced:
H. 3186 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 664, RELATING TO THE PUBLIC SERVICE AUTHORITY, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND AND THIRD READING OR OTHER DISPOSITION OF S. 593 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 664 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 664 be set by special order for second and third reading or other consideration immediately following second and third reading or other disposition of S. 593 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 664 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the House Resolution.
The resolution was adopted.
The following was received.
Columbia, S.C., May 26, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Dennis, Waddell and Lindsay of the Committee of Conference on the part of the Senate on H. 2590:
H. 2590 -- Ways and Means Committee: THE GENERAL APPROPRIATIONS BILL.
Very respectfully,
President
No. 011
Received as information.
The following was received.
Columbia, S. C., May 26, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 367:
S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 182
Received as information.
The following was received.
Columbia, S. C., May 26, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 680:
S. 680 -- Senator Drummond: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF INCOME TO SECURE PAYMENT OF CHILD SUPPORT OBLIGATIONS, SO AS TO EXEMPT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS A PAYOR IN THE PAYMENT OF BENEFITS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Baxley Blanding Chamblee Davenport Faber Foster Gilbert Harris, P. Harvin Helmly Holt Kay Keyserling Kirsh McEachin McGinnis Nesbitt Nettles Phillips, O. Rhoad Rice Shelton Short Townsend Tucker Wells Whipper White Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Corning Dangerfield Day Derrick Edwards Elliott Evatt Fair Felder Foxworth Gentry Harris, J. Haskins Hawkins Hayes Hearn Hendricks Huff Johnson, J.C. Johnson, J.W. Jones Klapman Kohn Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. McBride McCain McElveen McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Ogburn Pettigrew Petty Phillips, L. Rogers, T. Rudnick Sharpe Sheheen Simpson Snow Stoddard Thrailkill Toal Waldrop Wilder Wilkins
So, the House refused to adjourn.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE FOR THE REGULATION OF AUTOMOBILE INSURANCE IN SOUTH CAROLINA, SO AS TO FURTHER PROVIDE FOR THIS DECLARATION OF PURPOSE; TO AMEND SECTION 38-37-320, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988 ; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE REFERENCES TO COLLISION COVERAGE; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE INSURANCE FOR ANY APPLICANT WHO DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE EXCEPTIONS; TO AMEND ARTICLE 9, CHAPTER 37 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, BY ADDING SECTIONS 38-37-785, 38-37-795, 38-37-800, AND 38-37-810, SO AS TO REQUIRE EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE WITH THE CHIEF INSURANCE COMMISSIONER PRIOR TO OCTOBER 1, 1987, A BASE RATE AND AN OBJECTIVE STANDARDS RATE, AND TO PROVIDE THAT THOSE RATES ARE EFFECTIVE MARCH 1, 1988, UNDER CERTAIN CONDITIONS; TO PROVIDE FOR A FACILITY RECOUPMENT CHARGE ON CERTAIN BASE RATES, PROVIDE THE FORMULA FOR ITS ANNUAL CALCULATION, AND PROVIDE FOR THE CLASSIFICATION AND USE OF RECOUPMENT CHARGES; TO AMEND ARTICLE 11, CHAPTER 37 OF TITLE 38, RELATING TO UNLAWFUL ACTS FOR PURPOSES OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-935, SO AS TO PROVIDE FOR THE WRITING OF COLLISION AND COMPREHENSIVE COVERAGE, DEDUCTIBLE AMOUNTS, CIRCUMSTANCES WHERE AN INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.
Rep. OGBURN proposed the following Amendment No. 51, which was rejected.
Amend as and if amended, add section for purposes of determining the applicabLe rates to be charged an insured, an automobile insurer shall obtain and review an applicant's and all drivers motor vehicle record.
Rep. OGBURN explained the amendment.
The amendment was then rejected.
Reps. DAY, HUFF, HAWKINS and TOAL proposed the following Amendment No. 52, which was adopted.
Amend as and if amended, inserting the following after the word license on line 30, page 10, Section Five (5) to read as follows:
, provided however this section doesn't apply to an individual who is handicapped and who owns a vehicle in this State but who doesn't have a valid driver's license.
Rep. HAWKINS explained the amendment.
The amendment was then adopted.
Reps. O. PHILLIPS, RUDNICK, DAY, ARTHUR, McGINNIS, BLACKWELL, RHOAD and WILLIAMS proposed the following Amendment No. 53 (Doc. No. 5457Y), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 38-37-320 of the 1976 Code is amended to read:
"Section 38-37-320. No distinctions shall be are permitted nor may be made between policyholders or applicants for such automobile insurance as respects coverages, policy terms, rates, premium payment arrangements, claim services, or other services provided by the insurer directly or through its agents or employees except as such these distinctions are relevant to and reflected in insurers' rating classifications under risk and territorial classification plans promulgated by the Commissioner and approved by the Commission. No such risk classification plan shall may be so promulgated or approved unless the criteria used for classifying risks are objective, clear, and unequivocal and based upon factually or statistically supported data, nor unless the classifications in the rating plan are calculated to render possible the compilation of credible statistical data both for purposes of determining premiums and losses and for comparing the relative relationships between the loss or expense experience or both of the respective classes. As regards its approval or disapproval of risk and territorial classification plans, the Commission shall must be guided as respects the exercise of its discretion by the legislative intent of Articles 1 to 15 of this chapter which is to make it possible for the Commissioner to determine the total profit or loss and expense operating results of the entire line of automobile insurance and each component thereof and of each automobile insurer transacting insurance within the line and each component and to make price comparisons between the rates and premium charges of the various insurers; it being the further policy of Articles 1 to 15 of this chapter to render possible the evaluation by the Commissioner of the performance of the total insurance market and to enable him thereby to assist automobile insurance consumers in making appropriate consumer decisions.
In order to promote safer driving, an inexperienced driver risk classification plan must be established to include all risks with less than four years' driving experience. Every risk classified as an inexperienced driver must be afforded a driver training credit of at least ten percent of the rate or premium charged for bodily injury liability, property damage liability, and collision coverages upon the successful completion of a driver education program approved by the State Department of Education or the Department of Highways and Public Transportation. The Commissioner by regulation shall promulgate an inexperienced driver risk classification plan to become effective on March 1, 1988, provided, that for the three-year period following the establishment of this plan, no risk classified as an inexperienced driver may receive more than a one-third increase in rate or premium charge each ear as a result of being so classified.
After moving from the inexperienced driver risk classification plan, no person may be charged a higher premium based on age or sex and the person's driving record must be the only factor used in determining the premium charged."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. R. BROWN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 82 to 9.
Rep. OGBURN proposed the following Amendment No. 9 (Doc. No. 5088Y), which was adopted.
Amend the bill, as and if amended, in Section 38-37-320, as contained in SECTION 2, page 3, by striking lines 41 through 45 and by striking lines 1 through 16 on page 4.
Amend further, in Section 38-37-930, as contained in SECTION 3, page 9, by adding an appropriately lettered subsection to read:
/( ) For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record./
Reletter to conform.
Amend title to conform.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 14 by Reps. WILKINS, J. ROGERS, HUFF, T.M. BURRISS, AYDLETTE, MAPPUS, L. MARTIN and R. BROWN.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 15 by Reps. WILKINS, J. ROGERS, HUFF, T.M BURRISS, AYDLETTE, MAPPUS, L. MARTIN and R. BROWN.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. AYDLETTE proposed the following Amendment No. 20, which was ruled out of order.
Amend as and if amended, by adding a new section ___________ "Only actual losses are allowed to be used in determining an agents profitability."
Amend sections and title to conform.
Rep. AYDLETTE explained the amendment.
Rep. SHARPE raised the Point of Order that Amendment No. 20 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. AYDLETTE, WILKINS and J. ROGERS proposed the following Amendment No. 21, which was adopted.
Amend as and if amended, by adding a new Section __________. "In the case of chargeable accidents, the insurance company must report to the S.C. Hwy. Dept. the fact that an accident was paid for property damage on behalf of the insured over the amount of $750 or bodily injury on behalf of the insured in excess of $300 per person. The Hwy. Dept. is required to maintain this information along with other driving record information. Further, an insurer is required to obtain and review an applicant's motor vehicle driving record.
Amend title and section to conform.
Rep. AYDLETTE explained the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 30 by Reps. OGBURN and MOSS.
Rep. OGBURN moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 31 by Reps. OGBURN and MOSS.
Rep. OGBURN moved to table the amendment, which was agreed to.
Rep. KOHN proposed the following Amendment No. 54 (Doc. No. 5438Y).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. For a period of one year following the effective date of this act, no automobile insurer is permitted to increase its rates for any type of automobile insurance it writes./
Renumber sections to conform.
Amend title to conform.
Rep. KOHN was recognized.
Rep. HOLT moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, G. Baxley Beasley Blackwell Boan Brown, G. Brown, H. Chamblee Clyborne Dangerfield Day Elliott Faber Fair Felder Ferguson Gilbert Harris, J. Harris, P. Harvin Haskins Hawkins Helmly Hendricks Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Lewis Limehouse Martin, D. Martin, L. Mattos McEachin McGinnis Neilson Nesbitt Nettles Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Thrailkill Townsend Tucker Waldrop Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, T.C. Baker Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cooper Cork Corning Derrick Edwards Evatt Foxworth Gentry Hayes Hearn Klapman Kohn Koon Lockemy Mappus McBride McCain McElveen McLeod, J.W. Moss Ogburn Pettigrew Petty Phillips, L. Rhoad Stoddard Wells Williams Winstead
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 54, Rep. KOHN having been recognized.
The Senate returned to the House with concurrence the following:
H. 3183 -- Reps. Winstead and Kohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE R. B. STALL HIGH SCHOOL LADY WARRIORS SOFTBALL TEAM OF CHARLESTON COUNTY FOR WINNING THE STATE AAA CHAMPIONSHIP
H. 3185 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Evatt, Faber, Hearn, T. Rogers and Toal: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. LUTHER L. TAYLOR, SR., OF COLUMBIA, FATHER OF REPRESENTATIVE LUTHER L. TAYLOR, JR., UPON HIS DEATH.
H. 2890 -- Rep. Evatt: A CONCURRENT RESOLUTION TO REQUEST THE INTERNAL REVENUE SERVICE TO WITHDRAW ITS PROPOSED RULES RELATING TO LOBBYING BY PUBLIC CHARITIES AND REQUEST THE DEPARTMENT OF TREASURY TO CREATE AN ADVISORY BODY TO HELP THE INTERNAL REVENUE SERVICE DEVELOP FAIR AND REASONABLE REGULATIONS ON THIS SUBJECT.
H. 3127 -- Reps. Snow, L. Phillips, Keyserling, Ferguson and J.C. Johnson: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA EDUCATIONAL RADIO NETWORK FOR PRESENTING A VARIED AND WELL-BALANCED SELECTION OF MANY DIFFERENT KINDS OF MUSIC TO ENTERTAIN A DIVERSE AND DISCRIMINATING AUDIENCE OF SOUTH CAROLINIANS.
At 5:35 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned out of memory and respect for the late Luther L. Taylor, Sr., father of Rep. LUTHER L. TAYLOR, JR., to meet at 10:00 A.M. tomorrow.
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