Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord the Giver of every good and perfect gift, make of us instruments in Your hands to fashion this world to conform to Your ways. Set our feet on high planes, and inspire us to goals which belong to those people whose God is the Lord. Even when the volcanoes of problems and perplexities loom before us, be for us the unchanging Light of the world that no blinding shadows fall upon us. Give us strength to bear the wounds of criticism, the pain of misjudged motives, and the monotony of daily toll. Surround us with Your love, assure us with Your care, protect us with Your power, and watch over us with Your allseeing eye.
And to You, O Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received.
May 21, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 833)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 21, 1987 regulations concerning Manicure and Esthetics from the S.C. State Board of Cosmetology.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
May 26, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 852)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 26, 1987 regulations concerning Uniform Classification and Territorial Plans from the State of S.C. Department of Insurance.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
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 the report of the Committee of Conference on S. 397 having been adopted by both Houses:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 11
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 has appointed Senators Shealy, Pope and Matthews of the Committee of Free Conference on the part of the Senate on S. 119:
S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
Very respectfully,
President
No. 12
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 has adopted the report of the Committee of Free Conference on S. 119:
S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
Very respectfully,
President
No. 12
Received as information.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 530 -- Judiciary Committee: A BILL TO AMEND ACT 539 OF 1986, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO MAKE CERTAIN TECHNICAL AND SUBSTANTIVE CHANGES IN THE PROBATE CODE RELATING TO JURISDICTION, DEFINITIONS, ELECTIVE SHARE PROVISIONS, PROBATE PROCEEDINGS AND ADMINISTRATION, DISTRIBUTIONS AND DEVISES, SALE OF REAL ESTATE, PROTECTION OF FINANCIAL INSTITUTIONS, OTHER PROCEDURAL MATTERS, AND EFFECTIVE DATE, RECONCILIATION, AND TRANSITION PROVISIONS, TO AMEND SECTION 14-23-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF DESCRIPTIONS OF LANDS TO THE PROBATE COURT WHERE THE WILL OMITS THE DESCRIPTION, SO AS TO PROVIDE THAT THIS DESCRIPTION MUST BE FURNISHED TO THE PROBATE COURT OF EVERY COUNTY WHERE THE DECEDENT OWNED REAL ESTATE, TO AMEND SECTION 20-1-50, RELATION TO LEGITIMACY OF CHILDREN OF MARRIAGES AFTER THE ABSENCE OF A SPOUSE FOR A PERIOD OF SEVEN YEARS, SO AS TO REDUCE THIS TIME TO FIVE YEARS, TO AMEND SECTIONS 20-7-1770, AND 20-7-1820, BOTH AS AMENDED, AND 20-7-1825, RELATING TO ADOPTIONS SO AS TO REVISE AND FURTHER PROVIDE FOR THESE ADOPTION PROVISIONS, TO AMEND SECTION 30-9-60, RELATING TO THE INDEXING OF PASSAGE OF TITLE TO REAL PROPERTY BY WILL OR INHERITANCE, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION TO "PERSONAL REPRESENTATIVE" AND TO DELETE OTHER REFERENCES, AND TO REPEAL SECTIONS 12-15-1360, 12-15-1370, 12-15-1620, 12-15-1630, 12-15-1640 AND 12-15-1650, RELATING TO CERTAIN ESTATE AND ESTATE TAX PROVISIONS.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 61 to 0.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 251 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 7 OF TITLE 44 SO AS TO ENACT THE "NURSING HOME LICENSING ACT OF 1987"; TO AMEND SECTION 44-7-130, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO SUBSTITUTE NURSING HOMES FOR NURSING CARE AND INTERMEDIATE FACILITIES WITHIN THE DEFINITIONS OF "HOSPITAL" AND "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-320, RELATING TO THE FRANCHISING APPLICATION REQUIRED BY A HEALTH CARE FACILITY, SO AS TO PROVIDE THAT IF A CERTIFICATE OF NEED HAS BEEN ISSUED WITH SPECIAL CONDITIONS OR RESTRICTIONS ATTACHED, THE DEPARTMENT MAY REMOVE THESE CONDITIONS OR RESTRICTIONS WITHOUT REQUIRING A NEW FRANCHISING APPLICATION.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 252 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-150 SO AS TO REQUIRE THE COMMISSION ON AGING, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL AND THE DEPARTMENT OF INSURANCE, TO DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE CITIZENS CONCERNING THE AVAILABILITY OF LONG TERM CARE SERVICES, THE LIFETIME RISK OF SPENDING TIME IN A NURSING HOME, AND THE COVERAGE AVAILABLE FOR LONG TERM CARE SERVICES THROUGH MEDICARE, MEDICAID, AND PRIVATE INSURANCE POLICIES, AND THE LIMITATIONS OF THIS COVERAGE, AND THE AVAILABILITY OF HOME EQUITY CONVERSION ALTERNATIVES; TO REQUIRE THE COMMISSION ON AGING TO STUDY THE COSTS AND BENEFITS OF ESTABLISHING A STATEWIDE COMPUTER-BASED VOLUNTEER SERVICES CREDIT PROGRAM, AND TO MAKE A REPORT TO THE GENERAL ASSEMBLY REGARDING THIS STUDY BY JULY 1, 1987; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-320 SO AS TO REQUIRE THE DEPARTMENT OF INSURANCE, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL, TO ASSIST INSURANCE COMPANIES IN OBTAINING DATA FROM STATE AGENCIES TO HELP THOSE COMPANIES DEVELOP PRICING STRUCTURES FOR LONG TERM CARE INSURANCE POLICIES, REVIEW ITS REGULATIONS TO IDENTIFY THOSE WHICH DISCOURAGE MARKETING OF LONG TERM CARE INSURANCE POLICIES IN THIS STATE, AND ENSURE THAT PURCHASERS OF LONG TERM CARE INSURANCE POLICIES ARE ADEQUATELY INFORMED CONCERNING POLICY LIMITATION AND EXCLUSIONS; AND TO REQUIRE THE COMMISSION ON CONSUMER AFFAIRS, WITH THE COOPERATION OF THE DEPARTMENT OF INSURANCE, TO STUDY THE DEVELOPMENT OF LIFE CARE COMMUNITIES IN THIS STATE AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1987.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 253 -- Senator Leatherman: A Bill TO AMEND CHAPTER 21 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTIONS 43-21-130 AND 43-21-140 SO AS TO CREATE THE LONG TERM CARE COUNCIL AND PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES.
Ordered for consideration tomorrow.
The Senate returned to the House with amendments the following:
H. 2737 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Kohn, Aydlette, Dangerfield and D. Martin: A BILL TO AMEND SECTION 51-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO DELETE OBSOLETE REFERENCES TO MEMBERS ON THE COMMISSION WHO ARE MEMBERS OF THE SOUTH CAROLINA AMERICAN REVOLUTION BICENTENNIAL COMMISSION AND SUBSTITUTE A MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER AND A MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT.
Rep. FOXWORTH explained the Senate Amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 3187 -- Reps. Klapman, Felder, J.H. Burriss, Sharpe, Koon and Derrick: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE HIGH SCHOOL LADY BEARCATS SOFTBALL TEAM FOR WINNING THE STATE CLASS AAAA CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3188 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF EDWARD PEDDLEFORD HOLCOMBE, JR., OF CHARLESTON COUNTY WHO DIED WEDNESDAY, MAY 20, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3189 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE CLIFTON K. "MAC" McNEELY OF MANNING, CLARENDON COUNTY, ON BEING NAMED SOUTH CAROLINA OUTSTANDING DISABLED VETERAN OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 764 -- Senator Doar: A CONCURRENT RESOLUTION TO COMMEND THE PARTICIPANTS IN THE FORESTED WETLANDS RESEARCH PROGRAM AND ENCOURAGE THEM IN THEIR EFFORTS TO ASSIST AND SUPPORT THE STATE IN DEVELOPING A VIABLE POLICY ON THE PROTECTION AND MANAGEMENT OF WETLANDS AND NATURAL RESOURCES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 815 -- Senator Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MRS. LOU PEARL MARTHA MOORE WINDON, OF MARION COUNTY, ON HER LONG AND DISTINGUISHED CAREER OF SPECIAL SERVICE TO HER COMMUNITY AND STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 819 -- Senators Wilson, Lee, Horace C. Smith, Russell, Courson, Stilwell, Shealy, Branton, Thomas, McConnell, Giese, Martschink and Applegate: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WAYNE S. MARTIN OF WEST COLUMBIA IN LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3190 -- Reps. Barfield, Elliott and Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS AT CONWAY HIGH SCHOOL, HORRY COUNTY, ON WINNING STATEWIDE FIRST PLACE HONORS IN THE SECONDARY SCHOOL COMPETITION FOR PRESENTING THE TOP ENERGY PROJECT IN THE 1987 SOUTH CAROLINA NATIONAL ENERGY EDUCATION DAY (NEED) PROJECT AND TO EXTEND BEST WISHES IN THE NATIONAL RECOGNITION CEREMONIES IN WASHINGTON, D.C., IN JUNE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3191 -- Reps. Barfield, Elliott and Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF LORIS MIDDLE SCHOOL, HORRY COUNTY, ON WINNING SECOND PLACE HONORS IN THE STATEWIDE JUNIOR LEVEL COMPETITION OF THE NATIONAL ENERGY EDUCATION DAY (NEED) PROJECT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3192 -- Reps. Rudnick, Huff, Jones, Sharpe, Gentry and Pettigrew: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BLANCHE KING RUTLAND OF AIKEN COUNTY UPON HER RECENT DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3198 -- Reps. B.J. Cordon, Snow, Harvin, 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, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gregory, J. Harris, P. Harris, Haskins, Hawkins, Hayes, Hearn, 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, McBride, 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, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF PETTY OFFICER THIRD CLASS ANTONIO ARMANDO "TONIE" DANIELS, OF GREELEYVILLE, WILLIAMSBURG COUNTY, WHO WAS KILLED ALONG WITH TWO OTHER SOUTH CAROLINIANS SERVING THE UNITED STATES ON THE USS STARK WHEN THE FRIGATE WAS SERIOUSLY DAMAGED IN THE PERSIAN GULF ON SUNDAY, MAY 17, 1987, BY A MISSILE FIRED FROM AN IRAQI FIGHTER PLANE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3193 -- Reps. Klapman, Foxworth, Sturkie and Aydlette: A BILL TO AMEND ARTICLE 1, CHAPTER 27, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES BY ADDING SECTION 58-27-235 SO AS TO PROVIDE THAT THE RATES OF ELECTRIC COOPERATIVES ARE SUBJECT TO REVIEW AND APPROVAL BY THE PUBLIC SERVICE COMMISSION IN THE SAME MANNER AND UNDER THE SAME CONDITIONS THAT THE RATES OF ELECTRIC UTILITIES ARE SUBJECT TO REVIEW AND APPROVAL.
Referred to Committee on Judiciary.
H. 3194 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-55-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATEMENT OF CHARGES AND NOTICE OF HEARING SERVED BY THE CHIEF INSURANCE COMMISSIONER ON A PERSON ALLEGED TO HAVE COMMITTED AN UNFAIR OR DECEPTIVE INSURANCE TRADE PRACTICE, SO AS TO REQUIRE THE COMMISSIONER TO ACT ON COMPLAINTS ALLEGING THE ABOVE WITHIN SIXTY DAYS AFTER RECEIPT.
Referred to Committee on Labor, Commerce and Industry.
H. 3195 -- Rep. J. Bradley: A BILL TO AMEND SECTION 5-27-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO CERTAIN ORGANIZATIONS TO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY, SO AS TO ALSO PERMIT THIS SOLICITATION WITHIN THE UNINCORPORATED AREA OF A COUNTY, AND TO PROVIDE THAT THE COUNTY OR MUNICIPALITY IS IMMUNE FROM LIABILITY FOR ANY LOSS OR INJURY OCCURRING AS A RESULT OF THESE SOLICITATIONS, TO AMEND SECTION 15-78-60, RELATING TO WHEN A GOVERNMENTAL ENTITY IS NOT LIABLE UNDER THE TORT CLAIMS ACT SO AS TO PROVIDE THAT THERE IS ALSO NO LIABILITY AS A RESULT OF SOLICITATIONS AUTHORIZED BY SECTION 5-27-910, AND TO AMEND SECTION 56-5-3180, RELATING TO SOLICITATIONS BY PEDESTRIANS SO AS TO AUTHORIZE SOLICITATIONS PURSUANT TO SECTION 5-27-910.
Referred to Committee on Judiciary.
H. 3196 -- Rep. G. Bailey: A Bill TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE EQUALLY APPORTIONED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH FIVE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED IN 1988.
Without reference.
H. 3197 -- Reps. Barfield and Thrailkill: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, BOTH AS AMENDED, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT HORRY COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE HORRY COUNTY GOVERNING BODY.
On motion of Rep. BARFIELD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 658 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 809, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
H. 3199 -- Reps. J.W. McLeod and Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1987, AND ENDING JUNE 30, 1988.
Without reference.
On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 3197 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Kay Keyserling Kirsh Klapman Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor 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 May 27, 1987.
Tom Limehouse Lenoir Sturkie Thomas E. Huff William Jones E.B. McLeod James W. Johnson, Jr. Joseph T. McElveen Larry Gentry Mickey Burriss Larry Koon Robert A. Kohn
STATEMENT OF ATTENDANCE
Reps. J. BRADLEY, KOON and SNOW signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 26, 1987.
The SPEAKER granted Rep. KOHN a temporary leave of absence.
Rep. WALDROP moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
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 following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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. HAYES moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 690 -- Senator Hayes: A BILL TO PROVIDE FOR THE LEVY OF SCHOOL TAXES IN YORK COUNTY.
Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
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 following Bill was taken up.
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. GREGORY proposed the following Amendment No. 1 (Doc. No. 5321Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Beginning with the 1988 election, the Board of Trustees of the Colleton County School District shall consist of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the six defined single-member election districts established in Section 2 of this act and one member of the board must be elected from the county at large. The members of the board shall elect a chairman and those other officers as they consider necessary to serve terms of one year each in these capacities. Any member may be reelected to an office. The seven members must be elected in a nonpartisan election to be conducted at the same time as the 1988 general election for terms of office of four years each; provided, that the members elected in 1988 from districts one, three, and five shall serve initial terms of two years each. Thereafter, their successors must be elected in a nonpartisan election to be conducted at the same time as the general election every two or four years thereafter for terms of four years each. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term; provided, the vacancy does not occur within six months of a regular trustee election. In this case the vacancy must be filled for the unexpired term at the next regular election.
Each member of the board, except for the member elected at large, must be a qualified elector and resident of the election district from which elected and must be elected by the qualified electors of that district. The at-large member must be a qualified elector of the county to be elected by the qualified electors of the county. All persons desiring to qualify as a candidate and be elected to the board shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election together with a filing fee of twenty dollars to be remitted to the county general fund. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, period of residence in the county or election district from which election is sought if applicable, and other information as the county election commission requires.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the county and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.
The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. The current members of the board shall continue to serve in office until the terms of the members elected in the 1988 election begin as provided above.
SECTION 2. The six defined single-member election districts from which one member of the Board of Trustees of the Colleton County School District must be elected by the qualified electors of that district are as follows:
District and
Composition Population of District Variance
District 1
Smoaks Div.
ED 225 165
ED 227 148
ED 228 1,098
Walterboro Div.
ED 235 1,778
ED 240 344
ED 241 81
ED 243 581
ED 249 464
ED 250 510
ED 254 98 - 0.55%
District 2
Lodge Div. 1,965
Smoaks Div.
ED 229 96
ED 230 304
ED 226 205
Walterboro Div.
ED 242 -0-
ED 244 371
ED 245 82
ED 246 199
ED 260 8
Hendersonville Div.
ED 262 257
ED 263 616
ED 264 -0-
ED 265 207
ED 266 579
ED 267 343
Totals 5,232 - 1.21%
District 3
Walterboro Division
ED 236 1,371
ED 247 541
ED 248 413
ED 255A (North) 2,635
ED 255B 73
ED 255C -0-
ED 255D 21
Hendersonville Division
ED 261 96
Totals 5,150 - 2.76%
District 4
Cottageville Division
ED 274 170
ED 275 444
ED 276 34
Walterboro Division
ED 237 1,106
ED 238 790
ED 239 1,091
ED 251 233
ED 252 363
ED 253 483
ED 255A (South Split) 781
Hendersonville Division
ED 268 111
Totals 5,606 + 5.85%
District 5
Hendersonville Division
ED 269 1,833
ED 271 300
Walterboro Division
ED 256 2,139
ED 259 819
Green Pond Division
ED 286 9
Totals 5,100 - 3.7%
District 6
Cottageville Division
ED 277 375
ED 279 44
ED 278 1,500
ED 280 17
ED 281 -0-
ED 273 371
Walterboro Division
ED 258 921
ED 257 76
Green Pond Division 1,812
Less ED 286 (9)
Hendersonville Division
ED 270 314
Totals 5,421 + 2.36%
SECTION 3. Effective July 1, 1989, the Colleton County Superintendent of Education must be appointed by and shall serve at the pleasure of the Board of Trustees of the Colleton County School District. The current elected superintendent of education shall continue to serve in office until June 30, 1989, at which time his successor must be selected in the manner provided by this section.
SECTION 4. This act takes effect upon approval by the Governor, except that SECTIONS 1, 2 and 3 of this act shall not take effect unless the qualified electors of the county first approve of these provisions in a referendum called for this purpose by the Colleton County Council. The council is authorized to call this referendum and at a time it determines but if called the referendum must be held not later than one hundred twenty days before the scheduled 1988 election. The cost of the referendum must be paid by the county.
Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Do you favor having the Board of Trustees of the Colleton County School District consist of seven members, six of whom are elected beginning with the 1988 election from defined single-member election districts and one of whom is elected from the county at large, which board of trustees shall appoint the Colleton County Superintendent of Education effective July 1, 1989?
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'."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KLAPMAN moved to adjourn debate upon the following Joint Resolution, which was adopted.
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.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 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.
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.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
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. HODGES explained the Bill.
Rep. J. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
Rep. J. ROGERS objected to the Bill.
Rep. HODGES moved to adjourn debate upon the Bill until Thursday, May 28, which was adopted.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 26, by the Committee on Agriculture and Natural Resources.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
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. EVATT explained the Bill.
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. HAYES explained the Bill.
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.
S. 346 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING A PHARMACIST AND TO AUTHORIZE THE BOARD TO ESTABLISH THE FEE BY REGULATIONS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE; AND TO AMEND SECTION 40-43-390, RELATING TO THE APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO CHANGE THE RENEWAL DATE OF PERMITS FROM JUNE TO JANUARY.
On motion of Rep. EVATT, with unanimous consent, it was ordered that H. 2962 be read the third time tomorrow.
On motion of Rep. EVATT, with unanimous consent, it was ordered that S. 346 be read the third time tomorrow.
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.
Reps. NEILSON, KEYSERLING, ARTHUR, KLAPMAN, T. ROGERS and HEARN objected to the Bill.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 5156Y), which was adopted.
Amend the bill, as and if amended, in Section 27-1-15 of the 1976 Code, as contained in SECTION 1, page 1, line 31, by inserting after /made/ /by certified or registered mail/ and on line 38, by inserting after /days/ /from the date of mailing the demand/ so that when amended Section 27-1-15 shall read:
/Section 27-1-15. Whenever a contractor, laborer, design professional, or materials supplier has expended labor, services, or materials under contract for the improvement of real property, and where due and just demand has been made by certified or registered mail for payment for the labor, services, or materials under the terms of any regulation, undertaking, or statute, it is the duty of the person upon whom the claim is made to make a reasonable and fair investigation of the merits of the claim and to pay it, or whatever portion of it is determined as valid, within forty-five days from the date of mailing the demand. If the person fails to make a fair investigation or otherwise unreasonably refuses to pay the claim or proper portion, he is liable for reasonable attorney's fees and interest at the judgment rate from the date of the demand."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 26, by the Committee on Judiciary.
Rep. HAYES explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 28, which was adopted.
The following Joint Resolution was taken up.
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.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 3184 be read the third time tomorrow.
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. HEARN objected to the Bill.
Rep. GORDON, from the Williamsburg Delegation, submitted a favorable report, on:
S. 389 -- Senator McGill: A BILL TO AUTHORIZE THE WILLIAMSBURG COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
On motion of Rep. GORDON, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 389 -- Senator McGill: A BILL TO AUTHORIZE THE WILLIAMSBURG COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
The Bill was read the second time and ordered to third reading.
On motion of Rep. GORDON, with unanimous consent, it was ordered that S. 389 be read the third time tomorrow.
Rep. SNOW, with unanimous consent, moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
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.
On motion of Rep. FAIR, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3036 -- Rep. Fair: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS FOR CERTAIN PERSONS WHO DO NOT DRIVE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICANT NOT POSSESS A LICENSE TO OPERATE A MOTOR VEHICLE.
The Senate amendments to the following Bill were taken up for consideration.
H. 3052 -- Rep. Gregory: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 604 -- Senators Pope, Lee, Giese, Horace C. Smith, Holland, Hinson and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT NO MEMBER OF A FIRE DEPARTMENT IS CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HOLT 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. WINSTEAD to the Committee of Conference and a message was ordered sent to the Senate accordingly.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 54, Rep. KOHN having the floor.
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 CIRCULATION, 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. 54, which was proposed on Tuesday, May 26, by Rep. KOHN.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. KOHN proposed the following Amendment No. 55 (Doc. No. 5417Y), which was tabled.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION.______. Incurred but not reported losses may not be considered when determining whether or not an automobile insurer is entitled to a rate increase./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. KOHN proposed the following Amendment No. 56 (Doc. No. 5412Y), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ______. Section 38-43-640 of the 1976 Code is amended to read:
"Section 38-43-640. The Commissioner shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter. Subject to the exceptions specified in Sections 38-43-650 and 38-43-660, each filing shall must be on file for a waiting period of sixty days before it becomes effective, and such the period may be extended by the Commissioner for an additional period not to exceed sixty days one year if he gives written notice within such the waiting period to the insurer or rating organization which made the filing that he needs such that additional time for the consideration of such the filing. Upon written application by such the insurer or rating organization, the Commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing shall be is deemed to meet the requirements of this chapter unless disapproved by the Commissioner with the waiting period or any extension thereof."/
Amend title to conform.
Rep. KLAPMAN moved to table the amendment, which was agreed to.
Reps. J. BRADLEY and NEILSON proposed the following Amendment No. 57 (Doc. No. 5220Y).
Amend the bill, as and if amended, p. 2, by striking lines 33-37 and inserting:
/plan promulgated approved by the Commissioner. with the approval of the Commission; Provided, that all these applicants or insureds have satisfied the same objective standards as established in Sections 38-37-930 and 38-37-935;"/.
Amend further, p. 3, by striking lines 8 and 9 and inserting:
/territorial classification plans promulgated approved by the Commissioner. and approved by the Commission./
Amend further, beginning on page 3, by deleting lines 41 through 45 and lines 1 through 16 on page 4.
Amend further, p. 3, by inserting /"/ after the period on line 40.
Amend further, p. 4, by deleting lines 34 and 35 and inserting:
/rating plan, credit or discount plan approved by the Commissioner./
Amend further, p. 17, by striking lines 24 and 25 and inserting:
/SECTION 11. Section 38-37-110(2) of the 1976 Code is amended to read:
"(2) To empower the Commissioner, with the approval of the Commission, to fix, establish, and promulgate such uniform statistical plan or plans as may be necessary or appropriate to obtain all automobile insurance loss and less adjustment expense experience, other expense experience, and all other appropriate statistical and financial data from insurers, rating organizations, and advisory organizations engaged in an automobile insurance business in this State to the end that the State Rating and Statistical Division shall from time to time, but not less than annually, promulgate, with the approval of the Commission, the risk and territorial classification plan or plans to be used by all insurers of automobile insurance in this State and in order that the Commissioner may from time to time, but not less than annually, test the class and territorial differentials previously established against the most recently available less experience ;".
SECTION 12. Section 38-37-520 of the 1976 Code is amended to read:
"Section 38-37-520. The Rate Division is hereby empowered through order of the Commissioner to fix, establish, and promulgate, subject to the approval of the Commission, fair and reasonable classifications and territories for automobile insurance risks in accordance with the criteria and standards mentioned in Section 38-37-320 and consistent with the purposes of Articles 1 to 15 of this chapter.
Every automobile insurer and rating organization shall, prior to October 1, 1987, file with the Commissioner a classification plan for automobile insurance for the establishment of rates and premiums. The filed classification plans shall be introduced actuarially on-balance so that no overall income level change is produced by the filed classification plans. Such classifications plans as filed by such insurers and rating organizations shall be effective on or after March 1, 1988, for all eligible applicants and upon the renewal date, on or after March 1, 1988, for all existing policyholders. Classification rates may in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks which may have a probable effect upon losses or expenses.
The Rate Division is hereby empowered through order of the Commissioner to fix and establish fair and reasonable territories.
Auto insurance risks shall be rated in accordance with the criteria and standards mentioned in Section 38-37-320 and consistent with the purposes of Articles 1 through 15 of this chapter."
SECTION 13. Section 38-37-530 of the ;976 Code is amended to read:
"Section 38-37-530. Automobile insurance insurers shall file with the Rate Division their plans or systems for allocating expenses and profit as respects the various kinds or types of automobile insurance risks and the classes of risks thereunder, but no such plan or system shall be filed which is inconsistent with the classification of risks promulgated by the Rate Division and approved by the Commission Commissioner; nor shall any such plan or system be filed or approved the purpose or effect of which is to discriminate unfairly or unreasonably in respect to the allocation of expenses or profit between classes of risks or the purpose of or effect of which is to impose a burden or detriment to the Reinsurance Facility hereinafter provided for in this chapter or to secure to the insurer using such plan or system an unfair or unreasonable competitive advantage to the detriment of the Facility or other insurers. The Commissioner shall, after due notice and hearing, disapprove and disallow the further use of any such inconsistent, discriminatory, burdensome, or competitively unfair plan or system for the allocation of expenses and profit."
SECTION 14. Section 38-37-550(a) of the 1976 Code is amended to read:
"(a) Every classification plan fixed, established, and promulgated by automobile insurers and rating organizations and approved by the Commissioner the Rate Division with the approval of the Commission shall be so structured as to produce rates or premium charges which are adequate, not excessive, and not unfairly discriminatory."
SECTION 15. Section 38-37-910 of the 1976 Code is amended to read:
"Section 38-37-910. It shall be an act of unlawful discrimination for any insurer of automobile insurance to make any distinction between automobile insurance policyholders or applicants for such insurance with respect to coverage, rates, claims, or other services except as such distinctions are provided for in the rating plans for the classification of risks and territories promulgated by the Commissioner and approved by the Commission as provided for in Section 38-37-520."
SECTION 16. Notwithstanding any other provision of law: (1) automobile insurers and rating organizations are permitted to revise automobile insurance rates and premiums not more often than once every nine months; and (2) automobile insurers are not permitted to issue policies of insurance for policy periods of less than three months.
SECTION 17. This act takes effect upon approval by the Governors
Amend title to conform.
Rep. NEILSON explained the amendment.
Reps. J. BRADLEY, O. PHILLIPS and FELDER spoke in favor of the amendment.
Reps. WILKINS, MAPPUS and AYDLETTE spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Aydlette Bailey, G. Baker Baxley Beasley Boan Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Edwards Evatt Fair Ferguson Foxworth Harris, P. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Johnson, J.W. Kay Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L. Mattos McCain McEachin McElveen McKay McLellan McTeer Nettles Petty Rogers, J. Rudnick Simpson Stoddard Toal Waldrop Wells Wilkins
Those who voted in the negative are:
Alexander, T.C. Altman Arthur Bailey, K. Barfield Bennett Blackwell Blanding Bradley, J. Brown, G. Brown, J. Chamblee Cooper Dangerfield Day Derrick Elliott Faber Felder Foster Gentry Gilbert Gordon Gregory Harris, J. Holt Johnson, J.C. Jones Keyserling Martin, D. McAbee McBride McGinnis McLeod, E.B. McLeod, J.W. Moss Neilson Ogburn Pettigrew Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Sharpe Sheheen Shelton Short Snow Sturkie Taylor Thrailkill Townsend Tucker Washington Whipper White Wilder Williams Winstead
So, the House refused to table the amendment.
Rep. L. MARTIN spoke against the amendment.
Rep. J. BRADLEY raised the Point of Order that, while an employee of the Governor's Office did have the privilege of the floor as a former member of the House, he was lobbying the members, which was clearly prohibited by Rule 10.1.
The SPEAKER stated that he would caution all persons granted the privilege of the floor that lobbying the members was strictly prohibited and, if necessary, he would order the floor cleared.
Rep. L. MARTIN continued speaking.
Rep. J. ROGERS spoke against the amendment and moved to table the amendment.
Rep. OGBURN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. LEWIS spoke upon the amendment.
Rep. LEWIS moved to continue the Bill.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Blanding Bradley, J. Brown, J. Faber Foster Gilbert Gordon Gregory Holt Johnson, J.C. Jones Lewis McBride Rogers, T. Shelton Taylor Washington Whipper White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Davenport Day Derrick Edwards Elliott Evatt Fair Felder Ferguson Foxworth Gentry Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Johnson, J.W. Kirsh Klapman Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Wells Wilder Wilkins Winstead
So, the House refused to continue the Bill.
Rep. BLACKWELL moved that the House do now recede until 2:00, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 57, Rep. McLELLAN having been recognized.
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 following was received.
Columbia, S.C., May 27, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend ln the Senate Chamber at 4:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FELDER the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 57, Rep. McLELLAN having been recognized.
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. 57 by Reps. J. BRADLEY and NEILSON.
Rep. McLELLAN spoke against the amendment.
Reps. J.C. JOHNSON, WASHINGTON, GREGORY, GILBERT, OGBURN, BLANDING and FELDER spoke in favor of the amendment.
Reps. R. BROWN, SIMPSON, FAIR, GORDON, HUFF and HENDRICKS spoke against the amendment.
Rep. WILKINS moved to table the amendment and 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 Aydlette Bailey, G. Baker Baxley Beasley Boan Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Davenport Derrick Edwards Evatt Fair Ferguson Foxworth Gentry Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Kay Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L. Mattos McCain McEachin McElveen McKay McLeod, J.W. McTeer Nesbitt Nettles Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rudnick Sharpe Simpson Snow Sturkie Thrailkill Toal Townsend Waldrop Wells Wilder Wilkins
Those who voted in the negative are:
Arthur Bailey, K. Barfield Bennett Blackwell Blanding Bradley, J. Brown, G. Brown, J. Dangerfield Day Elliott Faber Felder Foster Gilbert Gregory Holt Johnson, J.C. Jones Keyserling Kohn Martin, D. McAbee McBride McGinnis McLeod, E.B. Moss Neilson Ogburn Phillips, O. Rogers, T. Sheheen Shelton Stoddard Taylor Tucker Washington Whipper White Williams Winstead
So, the amendment was tabled.
Rep. WILKINS moved immediate cloture on the entire matter, which was rejected by a division vote of 51 to 56.
Rep. BEASLEY moved delayed cloture on the entire matter.
Rep. J. BRADLEY raised the Point of Order that the nation for delayed cloture was out of order as it had not been reduced to writing and placed at the desk.
The SPEAKER stated that under Rule 8.1, a member may request a debatable motion be placed on the desk in writing prior to consideration, however the motion for delayed cloture was a nondebatable motion, therefore he overruled the Point of Order.
Rep. BEASLEY then withdrew the motion for delayed cloture.
Rep. J. BRADLEY, proposed the following Amendment No. 58 (Doc. No. 5286Y), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Section 56-11-210 of the 1976 Code is amended to read:
"Section 56-11-110. Except as otherwise provided in this article, no policy or contract, hereinafter referred to as a policy, of liability insurance as defined in Article 7 of Chapter 9 or other security as provided for in Section 56-11-210 shall may be issued, delivered, sold, or renewed in this State after October 1, 1978, unless such policy at the option of the insured also affords either the minimum medical, hospital, disability, and loss of income benefits or the minimum medical and hospital benefits, excluding disability and loss of income benefits, set forth herein. The insured's option shall include that of rejecting either or both of the foregoing described benefit coverages. The benefits, or their equivalent, shall cover the named insured and members of his family residing in his household, except such persons as may be specifically excluded in accordance with law, injured in any motor vehicle accident, including an accident involving an uninsured motor vehicle or a motor vehicle whose identity cannot be ascertained, other persons injured while occupying the insured motor vehicle as a guest or passenger or while using it with the express or implied permission of the named insured, except such persons as may be specifically excluded in accordance with law, and pedestrians injured in an accident in which the insured motor vehicle is involved. The minimum medical, hospital, and disability benefits if the insured exercises the option to receive such benefits shall include up to an amount of one thousand dollars per person for payment of all reasonable expenses arising from the accident and sustained within three years from the date thereof for necessary medical, surgical, chiropractic, X-ray, and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing, and funeral services; and in the case of an income producer who exercises the option to receive such benefit payment of benefits for loss of income as the result of the accident; and where the person injured in the accident was not an income or wage producer at the time of the accident, payments of benefits must be made in reimbursement of necessary and reasonable expenses, incurred for essential services ordinarily performed by the injured person for care and maintenance of the family or family household. The insurer providing loss of income benefits may require, as a condition of receiving such benefits, that the injured person furnish the insurer reasonable medical proof of his injury causing loss of income. No benefit payable pursuant to this section shall be is subJect to subrogation or assignment except that assignments may be made to hospitals, physicians, or other medical providers, provided, however, that no medical provider may require assignment as a condition of treatment."/
Renumber sections to conform.
Amend title to conform.
Rep. J. Bradley explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendments.
At 4:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R165) S. 317 -- Senator Drummond: AN ACT TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
(R166) S. 397 -- Senator Peeler: AN ACT 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 CERTAIN PURPOSES, TO ADD OTHER AUTHORIZED PURPOSES, AND TO DELETE LANGUAGE WHICH LIMITS THE ABOVE PROVISIONS TO PARTICULAR COUNTIES.
(R 167) S. 194 -- Senators Macaulay and Drummond: AN ACT TO AMEND ACT 1305 OF 1974, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE STATE COLLEGE BOARD OF TRUSTEES AS THE GOVERNING BODY OF LANDER COLLEGE TO ISSUE CERTAIN STUDENT AND FACULTY HOUSING REVENUE BONDS AND RELATED MATTERS, SO AS TO RESTATE THE GENERAL ASSEMBLY'S PREVIOUS FINDINGS SO AS TO INDICATE THAT THE TRUSTEES SHOULD BE AUTHORIZED TO ISSUE ADDITIONAL STUDENT AND FACULTY HOUSING REVENUE BONDS, RATHER THAN THE STATED AMOUNT OF THREE MILLION DOLLARS OF SUCH BONDS, IN ORDER TO FINANCE ADDITIONAL STUDENT AND FACULTY HOUSING FACILITIES, TO ALLOW THE TRUSTEES TO BORROW FROM TIME TO TIME SUCH AMOUNTS AS MAY BE NECESSARY SO LONG AS THERE ARE NOT OUTSTANDING AT ANY ONE TIME BONDS ISSUED PURSUANT TO THIS ACT IN EXCESS OF FIVE MILLION DOLLARS, RATHER THAN TO BORROW NOT EXCEEDING THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION DOLLARS, AND TO PROVIDE FOR A CHANGE IN THE SOURCE OR SOURCES FROM WHICH THE BONDS ISSUED PURSUANT TO THIS ACT ARE PAYABLE.
(R168) S. 554 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES TO BE FOLLOWED WHEN THE QUALIFICATIONS OF AN ELECTOR ARE CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.
(R169) S. 761 -- Senator Martin: AN ACT TO AMEND SECTION 7-7-250, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO ADD A NEW PRECINCT TO BE CALLED DUTCHMAN CREEK, PROVIDE FOR THE PRECINCT LINES DEFINING ALL OF THE COUNTY'S PRECINCTS, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE FAIRFIELD COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE FAIRFIELD COUNTY LEGISLATIVE DELEGATION.
(R170) S. 223 -- Senator McLeod: AN ACT 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 OR FROM OTHER AVAILABLE FUNDS, INCLUDING GENERAL FUND REVENUES AND TO REQUIRE BONDS SO ISSUED TO REFLECT THE SOURCE OF PAYMENT.
(R171) S. 361 -- Senator Bryan: AN ACT TO AMEND SECTION 15-78-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF INSURANCE BY GOVERNMENTAL ENTITIES PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO REVISE CERTAIN NOTICE PERIODS REQUIRED TO BE GIVEN TO THE BUDGET AND CONTROL BOARD BY A POLITICAL SUBDIVISION BEFORE IT CAN PURCHASE OR CANCEL ITS LINES OF INSURANCE WITH THE BOARD; AND TO AMEND SECTION 15-78-150, AS AMENDED, RELATING TO THE PURCHASE OF LIABILITY INSURANCE BY THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE BOARD IN SETTING INSURANCE PREMIUMS FOR GOVERNMENTAL ENTITIES SHALL RATE THE POLICY ACCORDING TO THE RISKS INVOLVED WITH THE GENERAL CLASS OF THE INSURED ENTITY AND TO REQUIRE THE BUDGET AND CONTROL BOARD TO DEVELOP A CERTAIN ACTUARIAL RATING SYSTEM PLAN WHICH MUST BE IMPLEMENTED BY JULY 1, 1990.
(R172) S. 736 -- Labor, Commerce and Industry Committee: AN ACT TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO BURGLAR ALARM SYSTEM BUSINESS LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 805, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R173) S. 606 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO AUCTION FIRM LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
At 4:05 P.M. the House resumed, the SPEAKER in the Chair.
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, RELATION 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. J. BRADLEY, proposed the following Amendment No. 59 (Doc. No. 5290Y), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ______. Section 38-37-150(C) of the 1976 Code is amended to read:
"(C) A producer may be designated by the governing board of the facility upon application for designation and is eligible for designation upon a finding by the governing board that the applicant meets the following qualifications:
(1) The applicant was prior to October 1, 1974, and has been, for five continuous years, continually since that date a licensed, resident property and casualty insurance agent and agency owner or principal with authority from one or more licensed insurers to write liability and physical damage insurance on private passenger automobiles;
(2) At the time of application the applicant is servicing and owns the renewals on private passenger and commercial automobile insurance business, the net premiums on which exceeded one hundred thousand dollars of potential cedeable automobile insurance during the twelve months preceding application any one of the previous five calendar years preceding the application;
(3) Neither the applicant, nor any employee of the applicant or the applicant's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, has any direct or indirect connection with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State except for motorcycle insurance and types not cedeable to the facility;
(4) The applicant has not contributed to his termination as agent by any injurer because of any illegal breach of agency agreement or other related, improper, or unethical conduct, including, but not limited to, the systematic solicitation by the applicant of residual or high-risk automobile insurance business or deliberate acquisition by the applicant of a relatively large amount of residual or high-risk automobile insurance business through purchase, merger, relocation, or other means; and
(5) The books, records, and accounts of the insurance business of the applicant have been audited at the expense of the applicant and found by the governing board to be indicative of a financially sound operation."
SECTION ______. The governing body of the facility may, for a period of three years beginning on the effective date of this act, designate an applicant who meets all other requirements but is prohibited from writing property and casualty insurance by an insurance company or had a broker agreement or contract with another agency that was licensed to write property and casualty insurance in this State.
SECTION ______. The five continuous-year requirement provided for in Section 38-37-150(C)(1) does not apply for a sixty-day period beginning on the effective date of this act and during said sixty-day period the reinsurance facility shall have the authority to appoint designated agents notwithstanding the length of time of having been licensed./
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
Rep. L. MARTIN spoke against the amendment.
Rep. J. BRADLEY spoke in favor of the amendment.
Rep. L. MARTIN moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 17 to 72.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. J. BRADLEY, proposed the following Amendment No. 60 (Doc. No. 5289Y), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
SECTION _______. Article 1, Chapter 9, Title 38 of the 1976 Code is amended by adding:
"Section 38-9-385. (A) Effective July 1, 1988, all insurance adjusters engaged in the conduct of adjusting insurance claims in this State as this is defined by the Department of Insurance must be licensed by the department. To be eligible for an insurance adjuster's license, an applicant must be at least eighteen years of age, pay the necessary fees, and pass an examination prepared and administered by the department. The applicant when applying for licensure shall pay a nonrefundable application fee of twenty-five dollars, and upon successful completion of the examination shall pay an annual license fee of one hundred dollars. The license year begins on July first of a particular year and ends June thirtieth of the following year. Licenses may be revoked for cause by the department after hearing.
(B) Any person who for compensation engages in insurance claims without the required license is guilty of a misdemeanor and upon conviction must be punished by a fine not exceeding five ten thousand dollars. or by imprisonment for a term not exceeding five years, or both. In addition, the chief operating officer of any insurer, company, or corporation which employed the unlicensed person convicted of a violation of this section is subject to the same penalty and if this employer is an insurance company authorized to do business in this State, its authority to do business in South Carolina must may be revoked for a period of one year by the Chief Insurance Commissioner.
(C) The examinations developed by the Department of Insurance pursuant to this section must be submitted to the appropriate standing committees of each House of the General Assembly for comment and review prior to use. These examinations when submitted are not subject to disclosure pursuant to the Freedom of Information Act.
(D) In the event of a catastrophe where there are insufficient licensed adjusters in South Carolina to handle claims expeditiously, non-resident adjusters will be permitted to enter South Carolina to handle the adjustments arising out of the catastrophe without being required to be licensed in South Carolina, provided that the adjuster exhibits evidence of an adjuster's license in his home state and remains in South Carolina only for the period necessary to assist in the adjustments. The department will determine and announce when an emergency or catastrophe exists and also will determine and announce the expiration of the period of emergency or catastrophe."
SECTION _______. Chapter 49 of Title 38 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY, proposed the following Amendment No. 61 (Doc. No. 5341Y), which was adopted.
Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:
/SECTION ______. Article 1, Chapter 9, Title 38 of the 1976 Code is amended by adding:
"Section 38-9-375. Every property or casualty insurance company transacting business in this State shall at all times maintain in the State at least one resident adjuster who is a full-time employee of the company for the purpose of investigation and settlement of claims. The name, current address, and current telephone number of the adjuster so employed must be maintained on file with the Chief Insurance Commissioner by the company which information must be available to the public. Any change in the name, address, or telephone number of the adjuster must be reported to the Commissioner by the insurance company within thirty days.
Failure to maintain the adjuster on file as required herein is grounds for the Chief Insurance Commissioner to revoke the company's authorization to do business in this State."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY, proposed the following Amendment No. 62 (Doc. No. 5344Y), which was adopted.
Amend the bill, as and if amended, by adding the following new section to be appropriately numbered:
/SECTION ______. Section 38-37-940 of the 1976 Code is amended to read:
"Section 38-37-940. No insurer of automobile insurance shall directly or indirectly by offer or promise of reward or imposition or threat of penalty or through any artifice or device whatsoever, confer any benefit upon any agent or impose any detriment upon any such agent for the purpose of avoiding any class or type of automobile insurance risk which the insurer deems considers it necessary to reinsure in the Facility; nor shall any such offer or promise of reward or imposition or threat of penalty in connection with any other line or type of insurance be so tied to automobile insurance as to have a tendency to induce the agent to avoid any such class or type of automobile insurance risk; nor shall any insurer of automobile insurance provide to agents, directly or indirectly, orally or in writing, any listing of classes or types of automobile insurance risks which it deems considers necessary to reinsure in the Facility; nor shall any insurer of automobile insurance terminate its insurance business with any one agent over the writing of certain classes or types of automobile insurance risks without also pulling out of the entire State or terminating its similar insurance business with all other agents in the State at the same time for a period of time of at least 365 days; nor shall any insurer of automobile insurance do anything unfair, or unfairly fail to do anything, which has the effect of, or which results in, causing any ceded insurance business to have a detrimental effect on any incentive bonuses paid by the insurer to agents. Any act in violation of this section shall constitute constitutes an act of unlawful discrimination and unfair competition which, if willful wilful, shall result in the suspension or revocation of the insurer's certificate of authority for not less than six twelve months. Any agreement made in violation of this section shall be void.
(1) Nothing herein in this section shall may be deemed considered to preclude or impair agreements between insurers and their agents or some of their agents to pay contingency commissions or a profit-sharing bonus based upon the quality of business; nor shall the insurers, in any manner, use that business placed in the Facility when determining the quality bonus; nor shall may it be deemed considered to preclude an agreement between any agent and an insurer of automobile insurance to exclude from any such profit-sharing or contingency arrangement automobile insurance business coming unsolicited to the agent and written by him solely because of the mandate of coverage provided in Articles 1 to 15 of this chapter.
(2) No insurer of automobile insurance shall cancel its representation by an agent primarily because of the volume of automobile insurance placed with it by the agent on account of the statutory mandate of coverage nor because of the amount of the agent's automobile insurance business which the insurer has deemed considered it necessary to reinsure in the Facility."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY, proposed the following Amendment No. 63 (Doc. No. 5297Y), which was adopted.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ______. Article 7, Chapter 9, Title 38 of the 1976 Code is amended by adding:
"Section 38-9-890. (A) 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.
(B) 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."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
Rep. L. MARTIN raised the Point of Order that Amendment No. 63 was out of order as it was not germane to the Bill.
The SPEAKER stated it dealt with automobile insurance and he overruled the Point of Order.
Rep. L. MARTIN moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. J. BRADLEY, proposed the following Amendment No. 64 (Doc. No. 5299Y), which was adopted.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ______. Article 5, Chapter 37, Title 38 of the 1976 Code is amended by adding:
"Section 38-37-315. The authorized agents for every insurer covered by the provisions of Section 38-37-310 shall post in a conspicuous location in their office or place of business a sign containing language to be required by regulation of the Chief Insurance Commissioner that stipulates that insurer and agent may not refuse to write or renew that type of insurance, that tactics designed to avoid writing or renewing that type of insurance are not permissible including unreasonable delays in meeting with applicants, and that violations of the above should be reported to the Commissioner for appropriate action."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY proposed the following Amendment No. 66 (Doc. No. 5312Y), which was adopted.
Amend the bill, as and if amended, p. 17, by striking lines 24 and 25 and inserting:
/SECTION 11. The Chief Insurance Commissioner (commissioner) shall promulgate regulations which shall require each insurer licensed to write property or casualty insurance in the State to record and report its loss and expense experience and other data as may be necessary to determine whether rates are not excessive, inadequate, or unfairly discriminating. The commissioner may designate one or more rate service organizations or advisory organizations to gather and compile this experience and data. In addition, each insurer licensed to write property and casualty insurance in this State, as a supplement to its annual statement, must submit a report on a form furnished by the commissioner showing the insurer's direct writings in this State and the United States and also the information required by Sections 12 and 13 of this act.
The commissioner may adopt data disclosure requirements developed by the National Association of Insurance Commissioners, and if adopted, shall be deemed to be in full compliance with Sections 11 through 17 of this act.
SECTION 12. The supplemental report required by Section 11 must include, but is not limited to, the following types of insurance written by the insurer:
(a) political subdivision liability insurance reported separately in the following categories:
(1) municipalities;
(2) school districts;
(3) other political subdivisions;
(b) public official liability insurance;
(c) dram shop liability insurance;
(d) day care center liability insurance;
(e) labor, fraternal, or religious organizations liability insurance;
(f) errors and omissions liability insurance;
(g) officers and directors liability insurance reported separately as follows:
(1) nonprofit entitles;
(2) for-profit entities;
(h) products liability insurance;
(i) medical malpractice insurance;
(j) attorney malpractice insurance;
(k) architects and engineers malpractice insurance; and
(l) motor vehicle insurance reported separately for commercial and private passenger vehicles as follows:
(1) motor vehicle liability insurance first-party benefits;
(2) motor vehicle bodily injury liability insurance;
(3) motor vehicle property liability insurance;
(4) uninsured motorist insurance; and
(5) underinsured motorist insurance.
SECTION 13. The supplemental report must include the following data both as to this State and the United States for the previous year ending on December thirty-first:
(a) direct premiums written,
(b) direct premiums earned,
(c) net investment income, including net realized capital gains and losses, using appropriate estimates where necessary,
(d) incurred claims, developed as the sum of the following (the report shall include data for each of the following categories used to develop the sum of incurred claims):
(1) dollar amount of claims closed with payment, plus
(2) dollar amount of payments on claims still open, plus
(3) reserves for reported claims at the end of the current year, minus
(4) reserves for reported claims at the end of the previous year, plus
(5) reserves for incurred but not reported claims at the end of the current year, minus
(6) reserves for incurred but not reported claims at the end of the previous year, plus
(7) loss adjustment expenses for claims closed, plus
(8) reserves for loss adjustment expense at the end of the current year, minus
(e) actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, advertising, general office expenses, taxes, licenses and fees, and all other expenses;
(f) net underwriting gain or loss;
(g) net operation gain or loss, including net investment income;
(h) the number and dollar amount of claims closed with payment, by year incurred and the amount reserved for them;
(i) the number of claims closed without payment and the dollar amount reserved for those claims;
(j) federal income tax recoverable; and
(k) any other information requested by the commissioner.
SECTION 14. For the first year only in which the insurer is required to file this report, the data required by items (a) through (g) of Section 13 shall include the previous calendar year and each of the preceding two calendar years.
SECTION 15. It is the duty of the commissioner to annually compile and review all such reports submitted by insurers pursuant to this act to determine the appropriateness of premium rates for property and casualty insurance in this State. The commission's findings and filings must be published, provided to the General Assembly, and made available to any interested insured or citizen. If the commissioner finds at any time that any rate is excessive, inadequate, or unfairly discriminating, he shall issue an order withdrawing its approval. The order shall specify reasons for withdrawal of approval and must be furnished to each affected insurer and rating organization and is effective in not less than sixty days from its issuance unless an affected insurer meets the burden of showing that the rate is in fact fair and appropriate.
SECTION 16. Each insurance company shall file all of the information required under Sections 11 through 17 of this act with the commissioner as a prerequisite to obtaining permission to write coverage, to continue to do business, or to file for rate increases.
SECTION 17. Each insurer who fails to comply with the terms of Sections 11 through 17 of this act shall pay a civil penalty of a fine of twenty thousand dollars and thereafter a fine of one thousand dollars daily until the named sections of the act are complied with.
SECTION 18. This act takes effect upon approval by the Governor, with the first reports required under Sections 11, 12, 13, 14, 15, 16, and 17 of this act to be filed on July 1, 1988, and on July first of each following year./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY, proposed the following Amendment No. 67 (Doc. No. 5294Y), which was adopted.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION _______. The first paragraph of Section 38-37-790 of the 1976 Code is amended to read:
"The operations and affairs of the Facility shall be are under the direction and control of a governing board of fifteen seventeen persons of whom three shall must be residents of South Carolina appointed by the Governor of South Carolina to represent consumers. The Commissioner shall appoint eight persons to represent the insurance industry; in appointing such these persons, the Commissioner shall select two persons from a list of not less than five persons nominated by the American Insurance Association from the officers or employees of insurers which are licensed in South Carolina and which are members or subscribers of that organization; he shall select two persons from a list of not less than five persons nominated by the American Mutual Insurance Alliance from the officers or employees of insurers which are licensed in South Carolina and which are members or subscribers of that organization; he shall select two persons from a list of not less than five persons nominated by the National Association of Independent Insurers from the officers or employees of insurers which are licensed in South Carolina and which are members or subscribers of that organization; he shall select two persons, one of whom shall must be an officer or employee of a stock insurer licensed in South Carolina and not a member or subscriber of any of the said organizations, and one of whom shall must be an officer or employee of a nonstock insurer licensed in South Carolina and not a member or subscriber of any of the said organizations; provided, however, that of the eight persons appointed to represent the insurance industry, not less than five shall must be citizens residents of South Carolina and those who are not residents must have job responsibilities that include the supervision over South Carolina operations; not less than two shall must be officers or employees of insurers licensed to transact automobile insurance in South Carolina and domiciled therein. The Commissioner shall appoint four persons to represent producers, all of whom must be residents of South Carolina; he shall select two such persons from a list of not less than five persons nominated by the stock agents' association and two persons from a list of not less than five persons nominated by the mutual agents' association. The Commissioner shall appoint two persons to represent the designated agents, both of whom must be residents of South Carolina."/
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. OGBURN proposed the following Amendment No. 68 (Doc. No. 5492Y), which was tabled.
Amend the bill, as and if amended, Section 38-37-930(C) as contained in SECTION 3, page 8, beginning on line 10, by striking the first sentence and inserting:
/(C) Member companies of an affiliated group of automobile insurers may utilize different filed rates for automobile insurance. Any qualified applicant for automobile insurance, upon request, has the right to specify by name which member company he desires to provide coverage./
Amend title to conform.
Rep. OGBURN explained the amendment.
Rep. AYDLETTE spoke against the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 69 (Doc. No. 5506Y), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Article 3 of Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-165. Notwithstanding any provision of this chapter, automobile insurance rates or premiums must be based only on the driving record of any applicant for insurance."/
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.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 22.
Rep. RUDNICK proposed the following Amendment No. 70 (Doc. No. 5532Y), which was adopted.
Amend the bill, as and if amended, Section 38-37-315 of the 1976 Code, as contained in SECTION 5, by changing the period at the end of the first sentence to a semicolon and adding the following:
/provided, further, that if an automobile is principally garaged and operated in this State, the owner of the vehicle must be offered coverage thereon regardless of whether or not he possesses a valid South Carolina driver's license if he designates to the insurer who the principal operator of the vehicle will be and this person has a valid South Carolina driver's license or otherwise meets the requirements of this section./
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
Reps. J. ROGERS and LEWIS proposed the following Amendment No. 71, which was tabled.
Amend as and if amended, by adding the following section appropriately numbered:
The Chief Insurance Commissioner must require all insurers writing automobile insurance in this State to compile and report to the Commissioner the educational level of all drivers who have been involved in an automobile accident in South Carolina resulting in $300 or more bodily injury or $750 or more property damage.
Rep. J. ROGERS explained the amendment.
Rep. FABER raised the Point of Order that Amendment No. 71 was out of order as it was not germane to the Bill.
The SPEAKER stated it was germane, and he overruled the Point of Order.
Rep. LEWIS spoke in favor of the amendment.
Rep. WHIPPER moved to table the amendment which was agreed to.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur. Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. 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 Derrick Edwards Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Bradley, J. Gilbert Gregory Holt Johnson, J.C. Jones Kohn Shelton
So, the Bill, as amended, was read the second time and ordered to third reading.
I am voting for S. 593, however, I do not believe the House has had the time to study the matter to assure the public that this is the best proposal.
This is a complicated issue and those of us who because of other committee and legislative duties have not had an opportunity to study and understand the breadth and depth of this legislation.
I believe that the Bill should be carried over until next session in order to be studied over the summer.
Rep. CROSBY LEWIS
My vote expresses my hope this Bill will improve the insurance mess in this State. Although this Bill shifts some costs to bad drivers, I doubt it will save good drivers any money.
Rep. DILL BLACKWELL
I had momentarily stepped out of the House Chamber Just prior to the final vote on S. 593.
Had I been in the Chamber I would have voted in favor of the passage of this Bill.
Rep. DICK ELLIOTT
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. KLAPMAN proposed the following Amendment No. 1 (Doc. No. 5458Y), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Article 1, Chapter 31, Title 58 of the 1976 Code is amended by adding:
"Section 58-31-85. The rates of the South Carolina Public Service Authority are subject to review and approval by the Public Service Commission in the same manner and under the same conditions that the rates of electric utilities are subject to review and approval."/
Renumber sections to conform.
Amend title to conform.
Rep. KLAPMAN explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 81 to 10.
Reps. KLAPMAN, FOXWORTH and THRAILKILL proposed the following Amendment No. 2, which was ruled out of order.
Amend as and if amended, by striking all after the enacting words and inserting the following:
"The Budget and Control Board is hereby directed to sell the Santee-Cooper Authority to the highest bidder at a price not less than $2.5 billion so as to make it a publicly owned company."
Rep. J. ROGERS raised the Point of Order that Amendment No. 2 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.
The question then recurred to the passage of the Bill.
Rep. WALDROP 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 Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. 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 Derrick Edwards Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Keyserling Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Williams Winstead
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I had momentarily stepped out of the House Chamber just prior to the final vote on S. 664.
Had I been in the Chamber, I would have voted in favor of the passage of this Bill.
Rep. DICK ELLIOTT
Rep. HAWKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3187 -- Reps. Klapman, Felder, J.H. Burriss, Sharpe, Koon and Derrick: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE HIGH SCHOOL LADY BEARCATS SOFTBALL TEAM FOR WINNING THE STATE CLASS AAAA CHAMPIONSHIP.
H. 3188 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF EDWARD PEDDLEFORD HOLCOMBE, JR., OF CHARLESTON COUNTY WHO DIED WEDNESDAY, MAY 20, 1987.
H. 3189 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE CLIFTON K. "MAC" McNEELY OF MANNING, CLARENDON COUNTY, ON BEING NAMED SOUTH CAROLINA OUTSTANDING DISABLED VETERAN OF THE YEAR.
H. 3190 -- Reps. Barfield, Elliott and Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS AT CONWAY HIGH SCHOOL, HORRY COUNTY, ON WINNING STATEWIDE FIRST PLACE HONORS IN THE SECONDARY SCHOOL COMPETITION FOR PRESENTING THE TOP ENERGY PROJECT IN THE 1987 SOUTH CAROLINA NATIONAL ENERGY EDUCATION DAY (NEED) PROJECT AND TO EXTEND BEST WISHES IN THE NATIONAL RECOGNITION CEREMONIES IN WASHINGTON, D.C., IN JUNE.
H. 3191 -- Reps. Barfield, Elliott and Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF LORIS MIDDLE SCHOOL, HORRY COUNTY, ON WINNING SECOND PLACE HONORS IN THE STATEWIDE JUNIOR LEVEL COMPETITION OF THE NATIONAL ENERGY EDUCATION DAY (NEED) PROJECT.
H. 3192 -- Reps. Rudnick, Huff, Jones, Sharpe, Gentry and Pettigrew: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BLANCHE KING RUTLAND OF AIKEN COUNTY UPON HER RECENT DEATH.
H. 3198 -- Reps. B.J. Gordon, Snow, Harvin, 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, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gregory, J. Harris, P. Harris, Haskins, Hawkins, Hayes, Hearn, 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, McBride, 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, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF PETTY OFFICER THIRD CLASS ANTONIO ARMANDO "TONIE" DANIELS, OF GREELEYVILLE, WILLIAMSBURG COUNTY, WHO WAS KILLED ALONG WITH TWO OTHER SOUTH CAROLINIANS SERVING THE UNITED STATES ON THE USS STARK WHEN THE FRIGATE WAS SERIOUSLY DAMAGED IN THE PERSIAN GULF ON SUNDAY, MAY 17, 1987, BY A MISSILE FIRED FROM AN IRAQI FIGHTER PLANE.
At 5:00 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned to meet at 10:00 A.M. tomorrow.
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