Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by The Rev. James R. Connelly, Jr., Pastor of the Mt. Tabor Lutheran Church in West Columbia, S.C. as follows:
Eternal, Governing God,
As this body of Your civil servants begins its day of deliberations and decisions, we pause to invoke Your presence, guidance and blessings.
We know that as we are aware of Your presence we will be motivated to seek that which is right and true and we pray You will make Yourself known in the heart and life of each Representative during the hours of this day.
We are humbled by the experienced reality that as we ask for and accept Your guidance we will be moved toward solutions to deeply difficult and divisive issues and pray our pride will not get in the way of our receiving the promptings of Your Spirit.
We are in our better moments aware of the magnitude of Your varied blessings to us individually and in the body politic and pray our every endeavor in this house will be to be a blessing to the people of this state and nation.
May each individual in this chamber be cognizant of the unique opportunity given here to serve You through service to this government and the people of this state. May each one here assembled respond to such opportunity with an ever growing commitment to search out and do Your will in the performance of his or her tasks and duties.
We pray in the Name of Jesus Christ our Lord. AMEN.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
The Honorable Nick A. Theodore
President of the Senate
The Honorable Robert J. Sheheen
Speaker of the House
Dear Mr. President and Mr. Speaker:
Transmitted herewith is the annual report to the General Assembly from the Joint Legislative Committee on Children for publication in the Journals of both Houses.
Thank you.
Respectfully submitted,
Parker Evatt, Chairman
Representative
Nell W. Smith David M. Beasley
Senator Representative
John C. Hayes, III Robert W. Hayes, Jr.
Senator Representative
Thomas L. Moore Arlene Bowers Andrews
Senator Gubernatorial Appointee
Susan Wilkins Annette Young
Gubernatorial Appointee Gubernatorial Appointee
To the Honorable Carroll A. Campbell, Jr., Governor of South Carolina and Members of the General Assembly of South Carolina:
We are pleased to transmit the 1986 - 1987 Annual Report of the Joint Legislative Committee on Children. This document serves to provide information in regard to the legislative efforts of the Committee which occurred during the 1986 interim and 1987 Legislative Session of the 107th General Assembly.
The Children's Committee is composed of nine members, three Representatives, three Senators, and three Gubernatorial Appointees. In 1986 the membership was as follows: Representatives Parker Evatt (R-Richland), Chairman; David M. Beasley (D-Darlington); David H. Wilkins (R-Greenville); Senators Elizabeth J. Patterson, Vice-Chairperson (D-Spartanburg); Nick Theodore (D-Greenville); Nell W. Smith (D-Pickens); and Gubernatorial Appointees, Doris Coaxum (Charleston); Arlene Andrews (Richland); and Sylvia Dreyfus (Greenville).
In 1987 the following two vacancies were created due to the 1986 Statewide General Elections: Senator Elizabeth J. Patterson was elected to the Fourth District of the United States House of Representatives; and Senator Nick Theodore was elected as Lieutenant Governor of the State of South Carolina. A third vacancy was created when Representative David H. Wilkins was elected as Chairman of the South Carolina House Judiciary Committee.
The Children's Committee was composed of the following members for the 1987 Legislative Session: Representatives Parker Evatt (R-Richland), Chairman; David M. Beasley (D-Darlington); Robert W. Hayes, Jr. (D-York); Senators Nell W. Smith, Vice-Chairperson (D-Pickens); Thomas L. Moore (D-Edgefield-Aiken); John C. Hayes, III (D-York); and Gubernatorial Appointees Arlene Andrews (Richland); Susan Wilkins (Greenville); and Annette Young (Charleston).
The Committee is staffed by a Research Director, Anne F. Cushman, Esq., a full-time Research Assistant, Susan P. Agle, an Administrative Assistant, Cheryl P. Newton, part-time Research Assistant, Jane H. Reese, and Legislative-aide, Lorri L. Shealy.
The Committee has been active on a year round basis by providing continuous research on issues affecting children for legislators, sponsoring legislation, overseeing the appropriation of funds for children's services, responding to inquiries in respect to matters of interest on both a statewide and national basis, and frequently appearing before governmental and civic groups. The Committee has worked in cooperation with other legislative committees, the Governor's Office, the National Council of Juvenile and Family Court Judges, the Southern Legislator's Conference on Children and Youth, the National Conference of State Legislatures, the Council of State Governments, the American Bar Association and many public and private agencies and groups in coordinating efforts on behalf of children.
SEXUAL ABUSE
Over the last decade there has been an increased awareness and greater concern over the plight of child victims, especially those who are the victims of sexual abuse. There has been a substantial increase in such abuse and daily the public is affronted with news stories of terrifying victimization.
Eighty thousand cases of child abuse were reported in 1968, 400,000 in 1976, and 700,000 in 1978. In 1983 the National Child abuse Coalition reported studies indicating over one million abused children that year. It is further estimated that one-half million of these children are sexually abused.
While the incidence of sexual abuse is increasing, many offenders are never arrested and fewer are prosecuted.
The absence of judicial sanctions is due to many factors ranging from a child's fear of telling to the difficulty of prosecuting these cases in court. It is believed that less than 6% of child sexual abuse is reported to police and that less than 10% of those convicted of felony child molestation are imprisoned.
However, even when a case is brought to trial, our traditional legal system is inadequate and ineffective for these victims, often producing further trauma and harm because of its insensitive procedures. These procedures require children to perform in the adult world of our judicial system in ways that are beyond their years. The emotional maturity and cognitive development of most young children is not sufficient to meet these demands, leaving the perpetrator to go free, and the child without his day in court or re-victimized by the very process which should protect him.
In response to this growing problem, the American Bar Association National Legal Resource Center for Child Advocacy and Protection selected four sites across the country to which they would provide technical-assistance for the purpose of addressing this issue. The Children's Committee was given the opportunity to participate on the task force in Charleston, which was selected as one of the four sites.
As a major part of this effort, legislation was introduced which would provide children greater protection in the judicial system. House bill 2395 establishes standards and procedures for introducing evidence and testimony of child victims. These procedures would provide the court the information it needs to fairly and properly decide a case but in such a way that the vulnerabilities and sensibilities of child victims are accommodated. The following issues are addressed in the legislation: expedited proceedings, hearsay exception, competency of child witnesses, testimony by closed circuit television, and testimony by videotaped deposition.
Expedited proceedings require that action is taken to insure a speedy trial in all cases in which a child is the victim. Additionally, in such cases the court must consider what the impact of a delay or continuance would have on the child when such is requested.
This bill would create a hearsay exception for out-of-court statements made by a child concerning a material element of a sexual offense, assault, battery, or kidnapping. Such a statement would be admissible if there is other evidence of the offense, the child testifies or is unavailable to testify and if the statement possesses guarantees of trustworthiness.
Often times a child is prohibited from testifying because they are deemed incompetent. The proposed legislation would eliminate this impediment by creating the standard that all children are competent to testify. It would no longer require a special "voire dire" hearing in which the judge determines if the child is competent and would instead allow a child to testify with the weight and credibility of his testimony to be determined by the jury.
Additionally, H. 2395 allows the testimony of a child who is the victim of an unlawful sexual offense to be presented by two-way closed circuit television at the time of trial. In order to utilize this procedure the child must be unavailable to testify, the child's testimony must be transmitted into the courtroom and simultaneously the courtroom setting transmitted into the room where the child is located.
Finally, the legislation allows testimony of a child who is the victim of an unlawful sexual offense to be presented in court by way of videotaped deposition in lieu of live testimony. Requirements for this provision include that the child is unavailable to testify,and the defendant is present in the room during the videotaping. However, if the child's unavailability to testify is due to the physical presence of the defendant, then closed circuit television must be used for the videotaping. The defendant's attorney will be present in the room with the child and the defendant must be removed from the room and provided with the ability to communicate with his attorney. The videotape which is produced is subject to a protective order for the purpose of protecting the privacy of the child.
REGISTRATION OF CHILD WELFARE AGENCIES
In 1979, the Tabernacle Baptist Church filed suit against the Department of Social Services challenging the validity and application of the current licensing law and related regulations. The challenge was upheld by the Federal District Court in an opinion dated October 24, 1980 based on two grounds: the law interfered with the free exercise of religion and violated the church's right to equal protection under the law. This has prevented the Department of Social Services from enforcing any of the statutory provisions or regulations against this home and through implication against any church run facility.
The proposed Bills, H. 2650 and companion S. 519, were developed by the South Carolina Association of Homes for Children. The Association is comprised of 37 full and associate members from private and public, as well as, church related residential facilities and child placing agencies.
The bills will provide for registration (licensing) by the DSS of child caring facilities, child placing agencies, emergency shelters, foster homes, maternity homes, residential group care homes and wilderness camps. The Department is responsible for promulgating and implementing regulations for issuing, denying, suspending and revoking registration and temporary registration certificates. Temporary registration certificates for facilities which meet substantial compliance with regulations may only be issued when the health and safety of a child is not in question.
There are currently approximately 7,300 children in South Carolina in out of home care. Around 1,900 of these children are in 67 residential homes and 5,400 children per year are being served in 1,800 foster homes. Without this legislation, South Carolina has an open door policy for any "church related" organization to open a facility and operate without any regulatory authority.
SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM
While child abuse and neglect in our society is not of recent origin, it is only in relatively recent years that a consciousness has been raised to the point of public concern. It was not until the latter half of the 1960's that this awareness had developed to the point that all fifty states mandated the reporting of child abuse and neglect. To further efforts in this area, Congress enacted the Federal Child Abuse Prevention and Treatment Act (P.L. 93-247) in January of 1974 to provide assistance to states for programs for the prevention, identification and treatment of child abuse and neglect. One of the statutory requirements of this act is that all states seeking to qualify for assistance must provide that a Guardian ad Litem be appointed to represent an abused or neglected child in every case which results in a judicial proceeding. In response, South Carolina enacted the Child Protection Act of 1977 which mandates the use of a Guardian ad Litem in all child abuse and neglect proceedings.
According to recent statistics, American parents are said to abuse or neglect over a million children a year, and at least 2,000 of these children die as a result of this abuse. During FY '86, the South Carolina Department of Social Services investigated approximately 17,544 reports of child abuse or negLect. Of these reports, there were 6,667 (38%) indicated or founded cases involving 16,668 children. Because of the circumstances of these cases approximately 67% will go to court. This means approximately 4,467 (11,168 children) of these cases went before the Family Court and would have to be appointed a Guardian for representation of the child 15 best interest.
The South Carolina Guardian ad Litem Program has been operational since 1984. It is administered by the University of South Carolina TRIO Programs through a contract (grant) with the Joint Legislative Committee on Children.
The purpose of H.B. 2945 and the companion bill S. 654 with proposed amendments is to create the South Carolina Guardian ad Litem Program to serve as a statewide system for the provision of training and supervision to volunteers who serve as guardians ad litem and to establish uniform procedures and authority for persons who serve in this capacity. The bill provides for consistency from county to county in that it outlines for the Family Court and others the functions and duties of guardians ad litem which have previously been established through court rules, statute or case law.
The primary responsibility of the guardian ad litem is to advocate for and to represent the best interest of the child. In addition, the guardian is to conduct an independent assessment of the facts, talk with the child and others involved in the case, determine the needs of the child and available community resources, provide the court with written reports and recommendations, monitor compliance with the orders of the court and make motions that are necessary to enforce the orders of the Court or seek judicial review. The bill also provides for access to reports and information, immunity from civil liability, expungement of records, criminal records checks and creates a nine member Program Advisory Board.
For more information on the Guardian ad Litem Program, see Special Projects section of this report.
CHILDREN'S TRUST FUND
The Children's Trust Fund is an eleemosynary corporation which administers funds accepted by way of gifts, bequests, grants, and other contributions for the purpose of awarding grants to private non-profit organizations. These grants are given to stimulate innovative prevention and treatment programming to meet the critical needs of South Carolina's children.
The Trust Fund was created by Act 384 of 1984 and an integral part of this Act was to provide for "check-off" on individual state income tax returns. This provides each taxpayer an opportunity to contribute to the Trust Fund by way of decreasing their refund or increasing their tax payment by any amount they wish to designate on their return. This amount is then withdrawn from the taxpayer's refund or payment and forwarded to the Trust Fund by the S.C. Tax Commission.
This "check-off" was only available on individual income tax return forms. In order to broaden the opportunities for the Trust Fund to receive contributions through the corporate income tax contribution process, the Children's Committee introduced legislation which was enacted that will include a "check-off" for a donation to the Fund on all income tax return forms.
EXPUNGEMENT OF JUVENILE RECORDS
In South Carolina an adult charged with committing a criminal offense can get all records (booking records, files, mug shots, etc.) pertaining to those charges expunged if he is not prosecuted, or if he is found innocent of those charges. In South Carolina an adult charged with a crime who is allowed to enter a Pretrial Intervention Program can have all records pertaining to those charges expunged if he successfully completes the Pretrial Intervention Program. In South Carolina an adult convicted of certain criminal offenses can have the record of his conviction expunged if he meets certain criteria and petitions the Circuit Court to do so. In South Carolina an adult can be pardoned for having committed almost any criminal offense. In South Carolina a juvenile can do none of these things.
Juveniles not prosecuted (charges dismissed or diverted), prosecuted but found not guilty, or adjudicated delinquent (found guilty) cannot expunge or seek to destroy by Court Order their juvenile criminal records.
Expungement statutes of one type or another for juvenile offenders exist in 33 of 50 United States. South Carolina is in the minority in not having some type of expungement statute for juvenile offenders.
In response to these inequities in our criminal justice system, the Children's Committee introduced Senate Bill 650. This legislation allows a first-time nonviolent juvenile offender to petition the Family Court for an order authorizing the destruction of his nonviolent juvenile criminal record. The granting of such an order would be discretionary with the Court. However, prior to granting such an order, the Court must find that the person petitioning the Family Court meets the following criteria:
1. Charged or adjudicated in Family Court;
2. Charged or adjudicated delinquent for committing a nonviolent offense;
3. Currently eighteen years of age or older;
4. Successful completion of any dispositional sentence imposed; and
5. No current or prior charges filed subsequent to the charge or adjudication the person petitioning the Court desires to expunge.
GUARDIAN AD LITEM PROGRAM
In July 1982, the Joint Legislative Committee on Children received a grant from the Governor's Office, Division of Public Safety Programs to fund a three-month study to develop a guardian ad litem program which could be utilized by volunteer groups across the state to establish community programs. This study included a review of all GAL manuals on a nationwide basis and modification of these materials for use in South Carolina.
On October 7, 1983, the Children's Committee co-sponsored the South Carolina Guardian ad Litem Conference with the University of South Carolina TRIO Programs, the South Carolina Department of Social Services, the Governor's Office of Criminal Justice Programs, the South Carolina Medical Association Auxiliary and the Junior League of Columbia, Inc. The purpose of this conference was to bring to the public's attention the need for guardians for children who are victims of abuse and neglect and to discuss the possibilities of involving the volunteer community in serving in this capacity through local programs.
In the Spring of 1984, the University of South Carolina TRIO Programs and the Joint Legislative Committee on Children proposed the implementation of a statewide Volunteer Guardian ad Litem Pilot Program to the General Assembly. The program was supported during FY 1984 - '85 with an appropriation of $100,000 in state funds for implementation in four judicial circuits.
Currently, the South Carolina Guardian ad Litem Program is administered by the University of South Carolina TRIO Programs and funded with state funds through a contract (grant) with the Joint Legislative Committee on Children. The Guardian Program is specifically designed to train community volunteers to present an independent, objective analysis to the Family Court in abuse and neglect cases. Through a comprehensive training program (18 hours), the volunteer learns how to investigate, report to the court and monitor all abuse and neglect cases in which they are appointed. In addition, each volunteer is required to have between 6 and 12 hours of on-going, in-service training each subsequent year.
The volunteer Guardian ad Litem is viewed as an officer of the court. Local supervision of the Program assures that Program staff and volunteers meet the needs of the Family Court Judge, the DSS and more importantly, the children in diverse communities of the State.
The Guardian Program is a unique approach to providing representation to children of alleged abuse and neglect. In addition to the services provided, several humanistic benefits have been identified:
- volunteers have become more aware of child abuse and neglect not only in their communities, but across the state;
- volunteers bring prior professional and life experiences to bear in helping children, and provide an intelligent, thorough, common-sense approach to resolution of family problems; and
- volunteers also assure that children are not further endangered and that families receive necessary services from community agencies.
Since its inception, over 500 volunteers have been trained as volunteer Guardians. These dedicated individuals have provided assistance to more than 2,629 abused and neglected children in South Carolina.
Due to the success of the Program, it has progressed from the development of a manual and implementation in four judicial circuits in FY 1985 to expansion into 16 judicial circuits and 22 counties in FY 1987. If projected additional appropriations are approved by the General Assembly, the Guardian ad Litem Program will increase coverage to 32 counties by the end of FY 1988.
The Guardian Program will have been implemented in the following counties by the end of FY 1987:
Circuit 1 Orangeburg Dorchester
Circuit 2 Aiken Barnwell
Circuit 3 Sumter
Circuit 4 Marlboro Dillon
Circuit 5 Richland
or Kershaw
Circuit 6 Chester
Circuit 7 Spartanburg
Circuit 8 Greenwood
Circuit 9 Charleston Berkeley
Circuit 10 Oconee
Circuit 11 Lexington
Circuit 12 Florence
Circuit 13 Greenville Pickens
Circuit 14 Beaufort
Circuit 15 Horry Georgetown
Circuit 16 York
The ten counties chosen as sites for programs in FY 1988 are Bamberg, Lee, Clarendon, Williamsburg, Darlington, Lancaster, Saluda, McCormick, Colleton and Jasper.
In June of 1986 the General Assembly enacted legislation which provided for the merger of the Children's Bureau into the adoption unit of the Department of Social Services. According to the stipulations of Act 525, a Transition Committee was created to approve the structure for delivery of adoption services; to assist in the transfer of all necessary service delivery and support functions, including classified personnel, current appropriations, assets and liabilities; and to develop a plan through which this would be accomplished. In addition, in order for this Plan to be effectuated, General Assembly approval through Concurrent Resolution had to be given by March 1, 1987. The Act further designated the membership of the Committee and required that the Chairman of the Joint Legislative Committee on Children serve as Chairman. Joint staffing was to be provided by Children's Committee, the State Reorganization Commission and the Governor's Office.
The Transition Committee's Plan had to be submitted to the General Assembly by October 1, 1986 which demanded a fairly quick response and much effort by all persons involved. The Committee met for the first time on June 30, 1986 to establish the roles and responsibilities of each agency and set a schedule for task completion. In addition to the ten members of the Transition Committee, approximately twenty-five staff from eight agencies assisted in the process.
In order to provide a comprehensive response and approach, the task was divided into three areas:
- a Service Delivery Structure plan,
- a Transfer Plan, and
- additional related issues.
While each of these items was a separate issue, they were developed simultaneously. None of the issues could be considered in isolation and still provide a complete adoption service system.
The Service Delivery Structure Plan primarily involved the philosophical issues surrounding the provision of adoption services. These issues were more relative to the actual needs of the child, the birth parents and the adoptive parents and were based on what has been perceived through experience or accreditation standards to be exceptional or at a minimum good adoption practices. However, throughout the entire process, the underlying premise was that the child is the primary client and that services will be provided that are in the best interest of the child with the other members of the triad, or the agencies involved in the provision of services, receiving secondary consideration or attention.
The Transfer Plan contains the technical aspects of the merger. This is inclusive of caseload data, staffing patterns and distribution, budget expenditures and allocations and actual transfer procedures.
The Transition Committee identified additional issues that, while their approval or review was not mandated by the Act, needed to be considered and made a part of this report because of their integral relationship to the adoption program. These issues include the certification of investigators by the Children's Bureau as required by the Adoption Procedures Act (H.2818) and the additional responsibilities of the Department of Social Services as provided for in the Merger Act regarding birth parents, information systems, supplemental benefits and others. Each agency was requested by the Transition Committee to provide verbal and written reports with timelines for completion in regard to these issues.
Throughout the entire Transition Committee process, every effort was made to fully involve the staff of both agencies. However, it must be noted that in all processes of this type and caliber of difficulty, with the number of persons contributing expertise and information, resolution of all issues may not be reached to the total satisfaction of all parties involved. Therefore, compromises must be reached and obtained. The Plan is reflective of such a process and of the consensus of opinion of the parties involved and when fully implemented will enhance adoption services for the citizens of South Carolina.
The General Assembly gave approval to the Transition Committee's Plan on February 26, 1987. Since that time, the Department of Social Services has begun implementation of the new adoption program in the six designated regions of the state. Even though the Transition Committee will go out of existence on June 11, 1987, legislative oversight of the process will continue by the Joint Legislative Committee on Children and the State Reorganization Commission. (Copies of the Transition Committee Plan are available upon request.)
LEGISLATIVE BULLETIN
During the 1987 Legislative Session, the Committee provided bill tracking information concerning children's legislative issues to approximately 575 persons throughout the State. The Committee published four Legislative Bulletins and will distribute a special bulletin containing only enacted legislation at the end of the session. This service has been provided by the Children's Committee since the 1980 Legislative Session. Volume 5, Issue 4 is presented in Appendix A of this report.
LAW IN THE FIFTY STATES REPORT
For the seventh consecutive year, the Committee prepared the "Law in the Fifty States" report for presentation at the annual meeting of the American Bar Association. This document identifies all cases which have been decided by the South Carolina Supreme Court and Court of Appeals during 1985 - 1986 in the domestic law area. The last section of the report discusses state trends in family law. This report was distributed to all legislators and is attached as Appendix B.
CHILDREN'S WEEK
TO DESIGNATE THE WEEK BEGINNING OCTOBER 5, 1986, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, thirty percent of the population of South Carolina are children; and
Whereas, the children of South Carolina are our most precious resource and our greatest hope for the future; and
Whereas, the children of South Carolina deserve our most concerted efforts on their behalf to enrich their lives and provide better opportunities for their future; and
Whereas, the children of South Carolina are our most vulnerable citizens and are reliant on adults and adult systems for their care and well-being and recognition of their needs; and
Whereas, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to children and to the future of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the week beginning October 5, 1986, is designated "South Carolina Children's Week". Governor Richard W. Riley is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.
WHEREAS, thirty percent of the population of South Carolina are children; and
WHEREAS, the children of South Carolina are our most precious resource and our greatest hope for the future; and
WHEREAS, the children of South- Carolina deserve our most concerted efforts on their behalf to enrich their lives and provide better opportunities for their future; and
WHEREAS, the aforementioned needs of children have been a major priority of my Administration; and
WHEREAS, the General Assembly of the State of South Carolina has passed a concurrent resolution designating the week of October 5 through October 11, 1986, "South Carolina Children's Week;" and
WHEREAS, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to children and to the future of South Carolina.
NOW, THEREFORE, I, Richard W. Riley, Governor of the State of South Carolina, do hereby proclaim the week of October 5-11, 1986, as:
in South Carolina, and I urge all South Carolinians to observe this week with appropriate ceremonies and activities.
The Children's Committee co-sponsored Children's Week in South Carolina during the week of October 5 - 11, 1986. The underlying theme for the week was "What Do Children Need?...They Need You!"
Kick-off festivities were held on Sunday, October 5th on the south side of the State House grounds. The event featured entertainment, special guest appearances, and comments by some of South Carolina's favorite citizens. Character appearances were made by McGruff the Crime Prevention Dog, Spunky the Squirrel, the Clemson Tiger, Smokey the Bear, Hoodsey the Owl, Ritchie the Raccoon of Richland Memorial Children's Hospital, the B106 Bee, the WCOS Oppie the Possum, Louie the Lightning Bug of SCE&G, and the Shriner's clowns and Disney characters. Entertainment was provided by the Columbia College Patchwork Players, the Just Say No Club from Nursery Road Elementary School, the Valley Park Double Dutch Force, and a puppet show by Gertrude the Duck from Lexington County Sheriff's Department. Gary Mills from WNOK-FM Radio Station emceed the entertainment for the afternoon and music was provided by the University of South Carolina's Carolina Alive.
The Columbia Jaycees hosted a poster contest from among area schools and the winners were announced at the kick-off event. The winners received zoo passes provided by Riverbanks Zoo and a trophy and cash prize donated by the Columbia Jaycees.
The highlight of the kick-off festivities was a Resources and Services Display Fair. Approximately 60 public and private agencies which provide direct and indirect services for children participated in the fair. Puppet shows and demonstrations relating to children's emotional needs, safety, crime prevention and fire safety were provided by several agencies and organizations. Also karate, dance, tumbling, face painting, story hour, an exhibit of the SLED bloodhounds, CPR instruction and many more displays were provided.
Marilynn Leach of the South Carolina Educational Resource Center for Missing and Exploited Children at Greenville Technical College coordinated events in the Greenville area. The Greenville kick-off celebration was held at Greenville Tech on Sunday, October 5th and included clowns, magicians, children entertaining children thru Suzuki performances, singing and more. Channel WYFF recognized Greenville's "Super Kids." The Neonatal Intensive Care Unit of Greenville Hospital sponsored a "Graduate Reunion" at Pendleton Street Baptist Church. Other activities during the week included Child Safe, IV for Greater Greenville, special events by the Greenville Zoo, and a rock concert for teens.
Sherry Martschink of the Low Country Council for Children at Risk coordinated events in the Charleston area. A Children's Week Race and Family Run were held on Saturday, October 4th. Palmetto Islands Park sponsored a "Life Discovery Tank", Critter Search, Nature walks, parachute games and fun, and a "kids" cane pole fishing tournament. Children's Week "Day at the Mall" was held on Saturday, October 11th at Northwoods Mall which featured exhibits, on-stage entertainment and character appearances by Billy Bob from Showbiz Pizza, Filbert the Squirrel from First Federal of Charleston, clowns from Po'Folks, the College of Charleston's Clyde the Cougar, the Piggly Wiggly Pig, and McGruff the Crime Prevention Dog.
It was hoped that through the activities held during this week a special awareness will be drawn to the special needs of South Carolina's children and to the tremendous responsibility that parents and advocates have to respond in an appropriate manner.
LEGISLATIVE INTERN PROGRAM
The University of South Carolina, College of Social Work, placed Jane Reese, a second year graduate student, with the Committee for the 1986-1987 academic year. Jo Anne St. Claire, also a second year graduate student from the College of Social Work was placed with the Committee for the Fall Semester.
Ms. Reese's responsibilities included a broad range of assignments. Among them have included the planning and implementation of a statewide children's week celebration, development of a network of grass roots support for the sexual abuse legislative initiative, and assisting with the planning and coordination of a statewide conference.
Ms. St. Claire's responsibilities included the planning and implementation of a statewide public awareness and media campaign for Children's Week, development of grass roots supports network and compiling the history and background information on various legislative proposals.
Volume 5, Issue 4 June 1, 1987
-----------------------------------------------------
H.2113 - S.144 - A Concurrent Resolution approving the Transition Plan for merging the Children's Bureau into the Adoption Unit of the Department of Social Services.
Author: H.2113 - House 3M Committee
S.144 - Senate Medical Affairs Committee
Status: H.2113 - Adopted 2/25/87
S.144 - Tabled
S.341 - Revises procedures relating to the issuance and filing of amended birth certificates in adoptions including procedures for foreign born children.
Authors: Senators Giese, Bryan and Thomas
Status : Enacted, Act #87, Effective 7/1/87
H.2685 - S.625 - Establishes an adoption exchange within the Department of Social Services to enhance recruitment methods and facilitate placement of children awaiting adoption.
Authors: H.2685 - Reps. Evatt, Beasley and Hayes
S. 625 - Senators Hayes, N. Smith & Moore
Status : H.2685 - Referred to House 3M Committee
S. 625 - Sent to the House
H 2598 - Allows a retroactive tax deduction for persons who have adopted a special needs child to be taken for tax year 1985. Due to an oversight this income tax deduction was deleted from the Code in 1985 and was reinstated in 1986.
Authors: Reps. Derrick and Evatt
Status : Referred to Senate Finance Committee
H.3091 - S.748 - Provides that adoptions in which consent was taken prior to the effective date of the SC Adoption Act do not have to comply with the requirements of that Act but rather can proceed under the former adoption laws.
Authors: H.3091 - Reps. Beasley and Wilkins
S. 748 - Senator Bryan
Status : H.3091 - Tabled in House Judiciary
S. 748 - Enrolled for Ratification
H.3203 - S.787 - Establishes the requirements and procedures for certified investigators for the purpose of obtaining consents and conducting homestudies in adoptions.
Authors: H.3203 - House 3M Committee
S. 787 - Senate Medical Affairs Committee
Status : H.3203 - Up for Second Reading in House
S. 787 - Up for Third Reading in House
H.2487 - S.422 - Provides for the Foster Care Review Board to review cases of children residing in public foster care for a period of more than four consecutive months and less than every six months.
Authors: H.2487 - Reps. Evatt, Beasley and Hayes
S. 422 - Senators Nell Smith and Hayes
Status : H.2487 - Tabled
S. 422 - Enacted, Act #39, Effective 4/13/87
H.2395 - Provides for hearsay testimony and revised standards to determine the competency of child witnesses in the prosecution of child sexual abuse cases.
Authors: Representatives Evatt, Beasley, R.W. Hayes and Huff
Status : Referred to House Judiciary Committee
H.2878 - Provides for expedited proceedings and the following techniques for the introduction of evidence in the prosecution of child sexual abuse cases: closed-circuit television and videotaped testimony.
Authors: House Judiciary Committee
Status : Referred to Senate Judiciary Committee
H.2072 - Provides more protection to children who are sexually exploited for the purpose of pornography by the following: creating additional offenses and penalties; increasing certain penalties from misdemeanor to felonies; providing for forfeiture of property used in connection with such pornography; and requiring film developers to report those requesting development of child pornography.
Authors: Fair, Beasley, Hayes, et al.
Status: Senate Returned to House with Amendments
S.60 - Revises penalties for dissemination of obscene material to minors.
Authors: Senators J. Verne Smith, Nell W. Smith, Theodore, Pope and Long
Status : Referred to Senate Judiciary Committee
H.2061 - Provides for courts to use videotape testimony of victims and witnesses under 16 years of age in abuse cases.
Author: Rep. Aydlette
Status: Tabled
H.2962 - S.685 - Amends Child Protection Act by deleting language which allows a person to delegate the responsibility to report suspected abuse to the Department of Social Services.
Authors: H.2962 - Reps. Evatt, Beasley and Hayes
S. 685 - Senators N. Smith, Hayes & Moore
Status : H.2962 - Referred to Senate Judiciary
S. 685 - Referred to Senate Judiciary
H.2790 - Provides that proof of one's abuse of a child is admissible regarding that person's alleged abuse of another child.
Authors: Reps. Moss, J. Bradley, T. Rogers, O. Phillips and Petty
Status : Referred to House Judiciary Committee
H.2999 - Provides that DSS is responsible for attorneys fees when it takes a child into protective custody without parents consent and the parents regain custody.
Author: Rep. Kohn
Status: Referred to House 3M Committee
H.3000 - Requires DSS to obtain a court order prior to taking a child into protective custody.
Author: Rep. Kohn
Status: Referred to House 3M Committee
H.2463 - S.498 - Provides for only prospective modification of child support orders in the Family Court as mandated by Federal Child Support Amendments to the Social Security Act.
Authors: H.2463 - Reps. Evatt, Beasley and Hayes
S. 498 - Senators Nell Smith and Hayes
Status : H.2463 - Up for Second Reading in Senate
S. 498 - Referred to Senate Judiciary
H.2046 - Provides for ex parte contempt procedures if non-custodial parent is denied visitation, requires family court to provide forms for use in initiating an action, and allows "pro se" representation.
Authors: Reps. M.O. Alexander, Altman, Blackwell, Molt, Klapman, Koon, L. Martin, Mattos, Rice, White, Williams, McLellan, T.C. Alexander, Kay, Shelton, Fair and P. Bradley
Status: Referred to House Judiciary Committee
H.2009 - Limits amount of child support that can be ordered to 30% of pay and provides for credit of in kind payments to be monitored by DSS.
Author: Rep. Ferguson
Status: Tabled in House Judiciary Committee
H.2963 - S.686 - Requires payment of federal fiscal incentives for child support collection to clerks of court for the exclusive use of collection activities.
Authors: H.2963 - Reps. Evatt, Beasley and Hayes
S. 686 - Senators N. Smith, Hayes & Moore
Status : H.2963 - Referred to Senate Judiciary
S. 686 - Referred to Senate Judiciary
H.2164 - Allows employers a tax credit when they provide fully-paid, on-site day care for employees.
Author: Rep. Aydlette
Status: Referred to House Ways & Means Committee
H.2014 - Removes venue from Circuit Court and places it with Family Court in regard to injunctions by DSS against child day care facilities.
Authors: Reps. Wilkins & P. Bradley
Status : Referred to Senate Medical Affairs
H.2494 - Provides that each employee or applicant of a school district, as a condition of employment, must submit to a criminal background investigation and provides for regulations of same.
Author: Rep. McAbee
Status: Referred to House Education & Public Works Committee
H.2603 - Requires that the Supreme Court, by court rule, provide for the use of mediation in the Family Court in cases involving divorce and separation.
Author: Rep. Koon
Status: Tabled
H.2945 - S.654 - Provides statutory authority for the South Carolina Guardian ad Litem Program and provides immunity from liability for volunteer guardians under the program.
Authors: H.2945 - Reps. Evatt, Beasley, Hayes, McAbee and Mattos
S. 654 - Senators Lindsay, Moore, Hayes and N. Smith
Status : H.2945 - Referred to House 3M Committee
S. 654 - Referred to Senate Finance
H.2555 - Prohibits public elementary and secondary schools from distributing any contraceptive device or medication.
Author: House Education and Public Works Committee
Status: Conference Committee Appointed
H.2095 - Prohibits distribution of contraceptives in public schools and state supported colleges and universities.
Authors: Reps. Fair and Beasley
Status : Referred to Committee on Education Public Works
H.2369 - Prohibits schools from offering sex education until legislation is enacted regulating this subject.
Authors: Reps. Felder, Fair and Beasley
Status : Referred to Committee on Education Public Works
H.2370 - Prohibits DHEC from participating in sex education instruction in the public schools until legislation is enacted regulating this subject.
Authors: Reps. Felder, Fair, Beasley and Townsend
Status : Referred to Committee on Education Public Works
S.214 - Prohibits any proposed regulations regarding sex education from being introduced in the Senate or House unless it has been submitted to all school districts.
Author: Senator Powell
Status: Referred to Senate Education
H.2709 - Requires each school district to attain certain ratios between registered school nurses and students.
Author: Rep. Harvin
Status: Referred to House 3M Committee
H.2710 - Provides consent requirements when performing an abortion on a minor including requirements for self-consent.
Authors: Reps. Hayes, Fair, Felder, McCain, Haskins and Toal
Status : House Contested Calendar
H.2822 - Mandates that sex education be taught in public schools as a part of a comprehensive health education program and provides for the manner and conditions under which it will be accomplished. Parental permission is required for students to participate.
Author: Rep. Fair
Status: Referred to House Education & Public Works Committee
H.2734 - S.546 - Establishes a comprehensive health education program for instruction of good health attitudes and practices which would include reproductive health education starting in grade six. Family life education and pregnancy prevention would be taught at the discretion of the local school board.
Authors: H.2734 - Reps. Keyserling, et al.
S. 546 - Senators N. Smith, et al.
Status : H.2734 - House Education & Public Works
S. 546 - Up for Second Reading in Senate
H.2615 - Extensive revision of SC abortion laws to provide, among other things, criteria for a minor to obtain an abortion.
Authors: Reps. Fair and Hayes
Status : Referred to House 3M Committee
H.2329 - Requires information regarding juveniles convicted of certain crimes to be reported to SLED & deems such information admissible for sentencing purposes upon petition to family court.
Authors: Reps. Huff, Sheheen, Toal and Hayes
Status : Referred to House Judiciary Committee
H.2580 - Provides for notification of parents if a minor violates any law, even if not taken into custody.
Authors: Reps. Corning, E.B. McLeod, McCain Mappus
Status : Referred to House 3M Committee
H.2939 - S.650 - Allows a first-time nonviolent juvenile offender to petition the Family Court for an order authorizing the destruction of his nonviolent juvenile criminal record.
Authors: H.2939 - Reps. Evatt, et al.
S. 650 - Senator Nell Smith, et al.
Status : H.2939 - Tabled in House Judiciary
S. 650 - Enacted, Act #108, Effective 5/26/87
H.2138 - S.259 - Provides procedures specific to children in need of mental health treatment so that appropriate treatment can be rendered on a voluntary, emergency, or involuntary, in-patient or out-patient basis.
Authors: H.2138 - Reps. P. Harris, J. Harris & Helmly
S.259 - Senators T. Smith, Hayes & Bryan
Status : H.2138 - Referred to House 3M Committee
S.259 - Senate Medical Affairs
H.2187 - Increases marriage license fee by $5.00 which is to be directed to DSS for use in Battered Spouse and Family Violence Programs.
Authors: Reps. Keyserling, Evatt, T. Rogers, et al.
Status : House Contested Calendar
H.2716 - Creates a criminal offense for giving any person under 21 any alcoholic liquors.
Author: Rep. Evatt
Status: Referred to House Judiciary Committee
S.184 - Gives the court-appointed Guardian ad Litem responsibility for monitoring medication to be given to an abused or neglected child during the pendency of the case in the Family Court.
Author: Senator McConnell
Status: Referred to Senate Judiciary Committee
H.2650 - S.519 - Provides procedures for registration of twenty-four hour residential facilities for children.
Authors: H.2650 - Reps. Evatt, et al.
S. 519 - Senators N. Smith, Moore, Garrison and Lindsay Status : H.2650 - House Contested Calendar
S. 519 - Referred to Senate Judiciary
H.2868 - S.678 - Expands the Children's Trust Fund "check-off" to all state income tax forms, including corporate forms.
Authors: H.2868 - Reps. Evatt, Beasley and Hayes
S. 678 - Senators N. Smith, Hayes & Moore
Status : H.2868 - Enrolled for Ratification
S. 678 - Referred to Senate Finance
FOR DAILY INFORMATION ON THE STATUS OF STATE LEGISLATION, YOU MAY CALL SC LEGISLATIVE INFORMATION SYSTEMS AT 1-800-922-1539.
I. GROUNDS FOR DIVORCE
Allen v. Allen, 287 S.C. 501, 339 S.E.d 872 (SC App. 1986)
Wife's defense of recrimination was ineffective since the husband had not deserted the marital home for one year. As a general rule, to constitute the defense of recrimination, the misconduct of which the plaintiff is guilty must be such as to provide the defendant with grounds for divorce.
Doe v. Doe, 286 S.C. 507, 334 S.E.2d 819 (1985)
Wife's single act of fellatio upon another man was not adultery under South Carolina case law which requires habitual acts. Further, husband condoned the act by continuing to voluntarily engage in sexual intercourse for five months after he had knowledge of the act. Court declined to determine whether act of fellatio of itself is adultery.
II. DURATIONAL REQUIREMENTS FOR JURISDICTION
None.
III. ELIMINATION OF TRADITIONAL DEFENSES
None.
IV. LONG-ARM JURISDICTION IN DISSOLUTION ACTIONS
Crowe v. Crowe, Op.No. 22577, (SC App. June 1, 1986)
Husband and Wife were married in South Carolina in 1961 and lived there until 1964 when Husband abandoned Wife and two children and moved to Georgia. Wife and two children remained South Carolina residents. In 1984 Wife sued Husband for divorce and alimony in South Carolina. Husband was served in Georgia. Husband made special appearance to contest jurisdiction. Both the trial court and the Supreme Court ruled that personal jurisdiction existed over the Husband notwithstanding his twenty year absence from the State. South Carolina was the parties last marital domicile and the place where the Husband's conduct created the cause of action for divorce. The Wife and the Husband's two children from his first marriage continued to live in South Carolina. Accordingly, sufficient minimum contacts existed to exercise personal jurisdiction over the Husband.
V. DISTRIBUTION OF PROPERTY
A. COMMUNITY PROPERTY STATES
Not applicable.
B. COMMON LAW TITLE STATES
Not applicable.
C. EQUITABLE DISTRIBUTION STATES
Bannen v. Bannen, _______ S.C. _______, 331 SE2d 379 (SC App. 1985)
South Carolina law restricts ownership of shares in a professional corporation to duly licensed members of the.profession. Thus, Wife could not be awarded an interest in Husband's medical practice. However, in lieu of granting the Wife an interest in the Husband's medical practice she should receive a distributive equivalent from other marital assets.
Bauer v. Bauer, 287 S.C. 217, 337 S.E.2d 211 (1985)
Division of personal property by use of a numbered list with one part receiving odd numbers and the other receiving the even numbered items is not a reasonable method of property division. The trial judge may use any reasonable means to distribute marital assets but this method was illogical and improper.
Herring v. Herring, 286 S.C. 447, 335 S.E.2d 366 (1985)
The marital home was equitably distributed at divorce and the wife's request for possession of the marital home until the minor child reached majority was denied. The trial court's consideration of the wife's ability to maintain the family residence is not a valid reason for denying occupancy to the child. For the best interest of the minor child, the wife and child should retain possession of the home.
Casey v. Casey, Op.No. 0746 (SC App. July 7, 1986)
Goodwill of a sole proprietorship may constitute a marital asset subject to equitable distribution.
Abernathy v. Abernathy, _______ S.C. ________, 342 S.E.2d 595 (1986)
The value of improvements to the marital home to which neither spouse had title is not marital property and thus is not subject to equitable distribution.
VI. FACTORS IN PROPERTY DISTRIBUTION AND/OR MAINTENANCE
A. NON-MONETARY FACTORS/CONTRIBUTIONS TO MARITAL ARTS
None.
B. OTHER NON-MONETARY FACTORS CONSIDERED
Barr v. Barr, 287 S.C. 13, 336 S.E.2d 481 (SC App. 1985)
During the marriage the husband's father cancelled a mortgage he held on the marital home and the gift was intended to benefit the husband only. Such a gift should be treated the same as inherited property and retain its separate character; thus it is recognizable as separate property by a court upon divorce.
Trimnal v. Trimnal, 287 S.C. 495, 339 S.E.2d 869 (1986)
Prior to the party's marriage, the husband purchased a house valued at $25,000 for $12,000 from his father; thus the transfer was part gift and part purchase. The purchase was financed through two loans, one from his father and another from a savings and loan. Except for the first eight payments, the loans were repaid during the course of the marriage by the parties.
The question before the court was whether the gift part of the purchase was marital property. Like inherited property, property owned by one spouse may be transmuted into marital property. Transmutation may occur when the property becomes so commingled as to be untraceable, is utilized by the parties in support of the marriage, or is titled Jointly otherwise utilized in such a manner as to evidence an intent by the parties to make it marital property.
C. STATUTORY GUIDELINES IN DETERMINING PROPERTY DISTRIBUTION/MAINTENANCE
None.
D. MARITAL MISCONDUCT AND PROPERTY DISTRIBUTION AND/OR MAINTENANCE
None.
VII. ALIMONY (MAINTENANCE)
A. RECENT DEVELOPMENTS
Crim v. Crim, Op.No. 0730, (SC App., June 9, 1986)
The former husband's annual income was $100,000 and 43 year old wife, although trained as a teacher, had never received substantial income from teaching. Although the wife is capable of obtaining a job and contributing to her support and that of her family, because of her age and earning level it is unlikely that her earnings will ever match those of her former husband. She is entitled to permanent periodic alimony rather than rehabilitative alimony.
Voelker v. Hillock, Op.No. 0702 (SC App., May 12, 1986)
Where wife's maximum potential income is $30,000 and husband's is in excess of $100,000 wife would not be able to support herself at the standard of living she had enjoyed during the marriage. Rehabilitative alimony of $700 for eighteen months was abuse of discretion. Wife should have been awarded permanent alimony.
Herring v. Herring, 286 S.C. 447, 335 S.E.2d 366 (1985)
Rehabilitative alimony awards are expressly recognized but they are valid only when established by evidence sufficient to support their temporary nature. The record must demonstrate the self-sufficiency of the recipient at the expiration date of ordered payments. In this case, the evidence is insufficient to support temporary alimony; therefore alimony shall continue but at the end of the specified period, the husband may petition the court for an evidentiary hearing to determine whether alimony should be terminated, reduced or continued.
Doe v. Doe, 286 S.C. 507, 334 S.E.2d 819 (SC App. 1985)
Where the wife's single act of fellatio was condoned by the husband who continued to have sexual relations with her for five months after learning of the act and this act was not the sole reason for the breakup of the marriage, there was no abuse of discretion in awarding alimony to the wife. Under South Carolina law this single act of fellatio was held not to be adultery.
VIII. MODIFICATION OF ALIMONY
A. RECENT DEVELOPMENTS IN MODIFICATION
Calvert v. Calvert, 287 S.C. 130, 336 S.E.2d 884 (SC App. 1985)
Where a settlement agreement incorporated into the divorce decree provided for the use of the cost of living index to determine periodic automatic increases or decreases in the amounts of alimony and child support, res judicata barred a party from litigating the issue of its validity. Changes in circumstances within the contemplation of the parties at the time the decree was entered do not provide a basis for modifying either alimony or child support. An increase in the cost of living index was such a change.
To warrant a modification in either alimony or child support, the change of circumstances must be either substantial or material. A mere reduction in salary or income does not of itself require such a reduction.
IX. SPOUSAL INTEREST IN PROFESSIONAL DEGREES OR LICENSES TO PRACTICE
A. NEW CASE LAW
Helm v. Helm, Op.No. 22585 (SC, June 30, 1986)
Wife's petition included an allegation that husband's medical degree should be considered marital property subject to equitable distribution. A professional or other degree or license is not to be classified as marital property under Section 20-7-420 (2) of the South Carolina Code, 1976.
The court declined to consider whether the wife had the right to seek reimbursement for financial contributions made in assisting a spouse to obtain a degree or whether one spouse receiving contributions from the other in obtaining a degree is obligated to pay a percentage of future increases in income as additional alimony or child support.
B. STATUTORY STANDARDS FOR COMPENSATION OF DEGREES/LICENSES AND CHANGES OR NEW STANDARDS
None.
X. SPOUSAL RIGHTS IN RETIREMENT AND PENSION BENEFITS
A. MILITARY PENSIONS
None.
B. NON-MILITARY
None.
XI. CONVERSION OF INSURANCE UPON DIVORCE
None.
XII. PERSONAL INJURY AWARDS
None.
XIII. CHILD CUSTODY
A. RECENT DEVELOPMENTS IN APPLICATION OF CRIMINAL LAWS
None.
B. RECENT DEVELOPMENTS IN APPLICATION OF UCCJA
McGee v. McGee, 287 S.C. 641, 340 S.E.2d 571 (SC App. 1986)
In an action instituted in South Carolina by the wife for former husband's failure to comply with court orders, South Carolina is an inconvenient forum for the husband's counter-claim for custody of the couple's younger son where the son had resided and attended school in another state, his medical records were in the other state, and his extracurricular activities and people most familiar with his present condition were in the other state.
Albrecht v. Sinclair, 285 S.C. 20, 336 S.E.2d 485 (SC App. 1985)
A couple living in New Hampshire were separated and the wife and children moved to South Carolina in 1981; the husband moved to Texas. The couple were divorced in New Hampshire and received Joint custody although the wife had physical custody; the divorce became final in January 1983. On the same day, the maternal grandmother, who was caring for the children while the mother was hospitalized, began a custody action when the father declared his intention to return to Texas with the two younger children.
The father challenged South Carolina's Jurisdiction under the UCCJA. The court ruled that where two states have identical Jurisdictional statutes under the UCCJA as in this case, connection with the custody decree state ends if all the parties involved have moved away or contact with the decree state has otherwise become slight. South Carolina properly met the jurisdictional requirements of UCCJA.
C. RECENT DEVELOPMENT IN STANDARDS FOR CUSTODY
None.
D. RECENT DEVELOPMENTS IN MODIFICATION
None.
E. WISHES OF THE CHILD
None.
F. GUARDIAN AD LITEM
None.
G. TENDER YEARS DOCTRINE
None.
H. JOINT CUSTODY
Courie v. Courie, _______ S.C. ________, 341 S.E.2d 646 (SC App. 1986)
Although wife was granted custody of the minor children, the husband was given approximately 165 days of visitation per year which was tantamount to divided custody and abuse of discretion. Divided custody is avoided if at all possible and will be approved only in exceptional circumstances.
Lassiter v. Lassiter, Op.No. 0715 (SC App., May 19, 1986)
Visitation of every other weekend, every Wednesday evening and six weeks in the summer and alternating major holidays to the husband resulted in split custody of the minor child. South Carolina does not favor split custody because it is not in the best interest of the child.
I. VISITATION
None.
XIV. CHILD SUPPORT
A. CRITERIA AND AWARDS
Ward v. Williams, 286 S.C. 91, 332 S.E.2d 529 (1985)
Wife's new husband sought to adopt child from previous marriage. Collateral estoppel will not bar a parent from seeking child support which had accrued prior to adoption when the parent seeking the delinquent child support was not a named party to the adoption action and thus could not have raised the issue of delinquent child support.
Smith v. DeLaney, 286 S.C. 583, 334 S.E.2d 821 (SC App. 1985)
An annual contribution for clothing and extracurricular activities and a monthly contribution for "extraordinary" expenses will not be considered present support and cannot be considered in determining the adequacy of the support. The custodial parent needs to know with some certainty the amount of support he or she can expect to receive on a regular basis so that the parent can make a financial plan for the family.
In determining child support, the court should order support that provides for the needs of the child, that considers the amount the parents are capable of contributing, and that is sufficient to permit the child to live commensurate with the standard of living to which he has become accustomed and commensurate with the father's standard of living.
The trial court should not have discounted the mother's request for contribution toward the purchase of a car without a finding that the need for transportation was otherwise being met.
Calvert v. Calvert, 287 S.C. 130, 336 S.E.2d 884 (SC App. 1985)
Where a settlement agreement incorporated into the divorce decree provided for the use of the cost of living index to determine periodic automatic increases or decreases in the amounts of alimony and child support, res judicata barred a party from litigating the issue of its validity.
Changes in circumstances within the contemplation of the parties at the time the decree was entered do not provide a basis for modifying either alimony or child support. An increase in the cost of living index was such a change.
To warrant a modification in either alimony or child support, the change of circumstances must be either substantial or material. A mere reduction in salary or income does not of itself require such a reduction.
Brown v. Fontana, Op.No. 0686 (SC App., April 21, 1986)
Former husband died owing accrued child support of $37,656.00 from 1963 when he disappeared until 1982 when he died. The court held that where the obligor parent has not paid all sums due prior to his death or under an order for support in a divorce or separation proceeding, such accrued child support is a proper claim against the estate. The person owed the support is not required to obtain a judgment for the amount of the arrears and then present that judgment as a claim to the personal representative of the defaulting parent before it can constitute a claim against the defaulting parent's estate.
When a parent dies owing child support, the general rule appears to be that the amount of support may be modified, revoked, or commuted to a lump sum payment to the extent just and appropriate under the circumstances. Although the parent was sufficiently disabled to qualify for disability payments he continued operating two businesses and was gainfully employed so that his income was sufficient to pay the support ordered; under these circumstances, he was not entitled to a credit for the social security benefits which had been paid to the minor children during his lifetime.
Fortenbery v. Fortenbery, 287 S.C. 336, 338 S.E.2d 342 (SC App. 1985)
Emancipated child's right to educational expense may be determined either as part of the divorce action or by a separate action.
B. ENFORCEMENT OF SUPPORT
1. JURISDICTION
None.
2. URESA
New Hanover County DSS, et al. v. Graham, _______ S.C. _______, 341 S.E.2d 631 (SC App. 1986)
N.C. DSS paid public assistance to support husband's family. When husband was located in South Carolina, N.C. DSS brought a URESA proceeding seeking support for the family and reimbursement for past support. Under the revised URESA, a sister state may seek not only continuing support but reimbursement of support expenditures as well.
3. PAYMENT TO COURT
None.
4. APPLICATION OF FEDERAL LAWS IN ABOVE AREAS
None.
XV. GRANDPARENT VISITATION
None.
XVI. COHABITATION
A. EXPRESS AGREEMENTS
1. SEVERANCE DOCTRINE
None.
2. REJECTION OF ILLEGAL CONSIDERATION DOCTRINE
None.
3. EXPRESS AGREEMENTS (ORAL) AND STATUTE OF FRAUDS
None.
4. EXPRESS AGREEMENTS
None.
5. BURDEN OF PROOF
None.
B. IMPLIED AGREEMENTS
1. BURDEN OF PROOF
None.
2. THE LAW OF GIFTS
None.
C. QUASI-CONTRACTUAL THEORY
None.
D. CONSTRUCTIVE OR RESULTING TRUSTS
None.
E. COHABITATION AGREEMENTS
None.
XVII. PREMARITAL AGREEMENTS
A. RECENT DECISIONS IN GENERAL
None.
B. APPLICATION OF UMPA
None.
XVIII. NEW TRENDS
A. CASELAW
Rehabilitative alimony awards are expressly recognized but they are valid only when established by evidence sufficient to support their rehabilitation of the recipient at the expiration date of ordered payments. Herring v. Herring, 286 S.C. 447, 335 S.E.2d 366 (1985).
The courts continue to disfavor and deny joint custody. Courie v. Courie, _______ S.C. ________, 341 S.E.2d 646 (SC App. 1986) and Lassiter v. Lassiter, Op.No. 0715 (SC App., May 19, 1986).
A medical decree will not be considered marital property under South Carolina law. Helm v. Helm, Op.No. 22585 (SC, June 30, 1986).
B. STATUTORY
South Carolina enacted an equitable distribution statute (Equitable Apportionment of Marital Property) which became law on June 13, 1986. The statute lists fifteen categories of factors which the court is to consider in dividing marital property including "marital misconduct or fault..." It also defines the terms "marital property" and "nonmarital property" and provides for exclusion through premarital agreements. See, S.C. Code Ann., Section 20-7-471 (1976), as amended 986 Supp.).
The South Carolina General Assembly during this session substantially revised adoption procedures. The major issues addressed include mandatory pre and post placement homestudies conducted by certified investigators, specific requirements for contents of consents and by whom consents can be taken, clarification of notice and consent requirements, accounting of disbursements, and specific timelines for the completion of an adoption. The effect of this reform places safeguards and accountability into the adoption process. The effective date of this legislation is December 3, 1986. See, S.C. Code Ann., Section 20-7-1646 et seq (1976), as amended (1986).
Received as information.
On motion of Rep. BEASLEY, the Report was ordered printed in the Journal.
The following was received.
Columbia, S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Matthews and Leventis of the Committee of Conference on the part of the Senate on S. 316:
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.
Very respectfully,
President
No. 16
Received as information.
The following was received.
Columbia, S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Appointment, Master-in-Equity, Beaufort County, to serve full-time, with term to commence on July 1, 1987 and expire June 30, 1991:
Mr. Tom Kemmerlin, P.O. Box 986, Beaufort, S.C. 29901 (initial appointment)
Very respectfully,
President
No. 4
Received as information.
The following was received.
Columbia. S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Reappointment, Master-in-Equity, Orangeburg County, to serve full-time, with term to commence on August 15, 1987 and to expire on August 14, 1991:
Mr. Olin D. Burgdorf, P.O. Box 1185, Orangeburg, S.C. 29115
Very respectfully,
President
No. 5
Received as information.
The following was received.
June 2, 1987
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Master-in-Equity, Richland County, to serve full-time, with term to expire on June 30, 1991:
James C. Harrison, Jr., P.O. Box 11408, Columbia, S.C. 29211
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 3083 -- Reps. White, Keyserling and Cork: A BILL TO AMEND SECTION 7-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO DELETE FROM THE CODE SECTION THE DESCRIPTION OF THE BOUNDARIES OF THE PRECINCTS, ADD NEW PRECINCTS TO THE LIST OF VOTING PRECINCTS IN THE COUNTY, 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 BEAUFORT COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION.
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 returned to the House with amendments the following:
H. 2072 -- Reps. Fair, Beasley, Hayes, M.O. Alexander, G. Bailey, Baker, Barfield, Blackwell, H. Brown, R. Brown, M.D. Burriss, Chamblee, Clyborne, Cooper, Davenport, Elliott, Felder, Hearn, Jones, Kay, Kirsh, Lockemy, McGinnis, McTeer, Neilson, Nesbitt, Rice, Russell, Sharpe, Stoddard, Wells, Winstead, Corning, P. Bradley, Wilkins, L. Martin, T.M. Burriss, J.H. Burriss, Wilder, Day, McLellan, Haskins, Harvin and Waldrop: a BILL TO DESIGNATE SECTIONS 16-15-10 THROUGH 16-15-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, ARTICLE 1 OF CHAPTER 15 OF TITLE 16 OF THE 1976 CODE TO BE ENTITLED "MISCELLANEOUS OFFENSES", TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 15 OF TITLE 16 SO AS TO PROVIDE FOR CRIMES RELATING TO OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION AND TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THOSE CRIMES DESIGNATED FELONIES BY THE ARTICLE ADDED BY THIS ACT, AND TO REPEAL SECTIONS 16-15-260 THROUGH 16-15-440, RELATING TO OBSCENITY.
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. 3236 -- Reps. Rudnick, 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, Gordon, Gregory, J. Harris, P. Harris, Harvin, 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, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION COMMENDING JOSEPH J. LIPTON, ASSISTANT DIRECTOR OF THE LEGISLATIVE COUNCIL, FOR HIS MANY YEARS OF SUPERB SERVICE TO THE MEMBERS OF THE GENERAL ASSEMBLY AND FOR HIS DEVOTION TO HIS WORK, AND WISHING HIM THE VERY BEST IN ALL HIS ENDEAVORS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3237 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE MOSS TRUCKING COMPANY AND ITS AFFILIATE, McLEOD TRUCKING AND RIGGING COMPANY OF CHARLOTTE, NORTH CAROLINA, AND ITS OFFICERS AND EMPLOYEES FOR THE ECONOMIC AND CIVIC CONTRIBUTIONS THEY HAVE MADE AND CONTINUE TO MAKE TO SOUTH CAROLINA AND ITS CITIZENS AND TO RECOGNIZE THE COMPANY ON THE OCCASION OF ITS SIXTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3238 -- Reps. Washington, Whipper and D. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIGHT REVEREND JAMES C. WEST ON HIS INSTALLATION AS BISHOP COADJUTOR OF THE CHARLESTON, ATLANTA, AND CHARLOTTE SYNOD OF THE REFORMED EPISCOPAL CHURCH AND TO EXTEND BEST WISHES AS HE ASSUMES HIS NEW RESPONSIBILITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3239 -- Reps. Washington, Whipper, D. Martin, Day, G. Bailey, Kohn and Limehouse: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIGHT REVEREND WILLIAM H.S. JERDAN OF SUMMERVILLE, DORCHESTER COUNTY, ON HIS ELECTION TO THE OFFICE OF PRESIDING BISHOP OF THE REFORMED EPISCOPAL CHURCH IN THE UNITED STATES AND TO EXTEND BEST WISHES AS HE ASSUMES THE MANTLE OF LEADERSHIP OF THE ONE HUNDRED THIRTEEN-YEAR-OLD SPIRITUAL BODY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 837 -- Senator Doar: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S CONSERVATION DISTRICTS AND THE LAND RESOURCES COMMISSION FOR FIFTY YEARS OF EFFECTIVE SERVICE TO THE CITIZENRY OF THIS STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 838 -- Senator Branton: A CONCURRENT RESOLUTION CONGRATULATING MRS. LADISLAS ELIZABETH COWART OF SUMMERVILLE, DORCHESTER COUNTY, UPON THE OCCASION OF HER SEVENTY-FIFTH BIRTHDAY, AND WISHING HER MUCH HAPPINESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 839 -- Senator McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BERNARD WARSHAW OF WALTERBORO, COLLETON COUNTY, FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A MEMBER OF THE COMMISSION OF THE STATE DEPARTMENT OF MENTAL HEALTH AND TO DESIGNATE HIM COMMISSIONER EMERITUS SO AS TO ACKNOWLEDGE THE GRATITUDE AND HIGH ESTEEM THE MEMBERS OF THE GENERAL ASSEMBLY HOLD FOR HIS OUTSTANDING PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 843 -- Senators Wilson, Shealy, Lee, Garrison, Powell, Russell, Horace C. Smith and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MICHELIN TIRE CORPORATION WHICH IS PLANNING JOB CREATING EXPANSIONS OF ITS EXISTING SOUTH CAROLINA FACILITIES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 844 -- Senator Branton: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING MRS. HARRIETTE TALLEY, DORCHESTER COUNTY SCHOOL DISTRICT NO. 2, ON BEING SELECTED TEACHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 845 -- Senator Branton: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MICHAEL T. ROSE OF SUMMERVILLE, DORCHESTER COUNTY, FOR ORGANIZING AND IMPLEMENTING THE FARMERS ASSISTANCE RELIEF MISSION, INC. (FARM) WHICH WAS INSTRUMENTAL IN RAISING MONEY AND PROVIDING RELIEF TO FARMERS WHO WERE VICTIMS OF THE SEVERE DROUGHT OF 1986.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 846 -- Senator McLeod: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR TO RETURN AN ACT OF 1987 BEARING RATIFICATION NUMBER 170, RELATING TO THE AUTHORIZATION OF POLITICAL SUBDIVISIONS TO ISSUE CERTAIN REVENUE BONDS, TO THE SENATE WHICH WAS THE BODY OF LAST POSSESSION.
Be it resolved by the Senate, the House of Representatives concurring:
That the Governor is requested to return an Act of 1987 bearing Ratification Number 170, relating to the authorization of political subdivisions to issue certain revenue bonds, to the Senate which was the body of last possession.
Rep. McABEE moved to table the Resolution, which was agreed to.
The following was introduced:
H. 3240 -- Rep. Foxworth: A CONCURRENT RESOLUTION TO REQUEST THE NEWS MEDIA TO VOLUNTARILY RESTRAIN FROM DISCLOSING THE FACT IN A NEWS STORY AS TO WHETHER OR NOT A PASSENGER IN A MOTOR VEHICLE WHO WAS KILLED IN AN ACCIDENT INVOLVING THE VEHICLE WAS WEARING A SEAT BELT EXCEPT UNDER CERTAIN CONDITIONS.
The Concurrent Resolution was ordered referred to the - Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3241 -- Reps. Foxworth, Aydlette, P. Bradley, Haskins, Winstead, Blackwell, Klapman, Kirsh, Nesbitt, Simpson, Rice, Mattos, Petty, L. Martin and J. Bradley: A CONCURRENT RESOLUTION EXPRESSING THE OPPOSITION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE IMPORTATION OF SOVIET TEXTILE FLATGOODS INTO THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3243 -- Reps. Washington, Whipper and D. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIGHT REVEREND SANCO KING REMBERT ON HIS INSTALLATION AS BISHOP OF THE CHARLESTON, ATLANTA, AND CHARLOTTE SYNOD OF THE REFORMED EPISCOPAL CHURCH AND TO EXTEND BEST WISHES AS HE ASSUMES THE SPIRITUAL AND ADMINISTRATIVE RESPONSIBILITIES OF THE SYNOD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. -3244 -- Reps. Rudnick, 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, Gordon, Gregory, J. Harris, P. Harris, Harvin, 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, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO APPLAUD MAJOR GENERAL ROBERT B. SOLOMON, RETIRED COMMANDING GENERAL OF FORT JACKSON, FOR HIS DECISION TO REMAIN IN SOUTH CAROLINA AND ESTABLISH HIS HOME IN COLUMBIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3242 -- Reps. Hawkins, Aydlette, Derrick, Winstead, Felder, J. Brown, Davenport and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 76 TO TITLE 44 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF DIETITIANS AND NUTRITIONISTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ESTABLISH WITHIN THE DEPARTMENT AN ADVISORY BOARD OF DIETETICS AND NUTRITION, AND PROVIDE FOR THE BOARD'S MEMBERSHIP, FUNCTIONS, AND DUTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 835 -- Senator Long: A BILL TO AMEND SECTION 7-7-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HORRY COUNTY VOTING PRECINCTS, SO AS TO REVISE THE PRECINCTS TO INCLUDE GARDEN CITY 4.
Without reference.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 835 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.N. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Johnson, J.W. Kay Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Winstead
I came in after the roll call and was present for the Session on June 3, 1987.
Thomas E. Huff Donna A. Moss David O. Hawkins Harriet Keyserling William H. Jones James C. Johnson Joseph T. McElveen Larry Gentry Mike Fair Robert A. Kohn T.W. Edwards Larry Koon
STATEMENT OF ATTENDANCE
Reps. BLANDING, T.M. BURRISS and KOHN 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, June 2, 1987.
Announcement was made that Arland H. Compton of Sumter, is the Doctor of the Day for the General Assembly.
Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
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.
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 Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Faber Felder Ferguson Foster Gilbert Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Kay Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. WILKINS, J. BRADLEY and R. BROWN to the Committee of Free Conference and a message was sent to the Senate accordingly.
Rep. TUCKER moved to adjourn debate upon the following Bill, 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 Bill was taken up.
S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.
Reps. KIRSH, FOSTER, HAYES, NESBITT and SHORT, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 5740Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. For purposes of this act:
(1) "Board" means the board of commissioners of one of the three counties.
(2) "Commission" means the Lake Wylie Marine Commission or its governing board as the case may be.
(3) "Commissioner" means a member of the governing board of the Lake Wylie Marine Commission.
(4) "Three counties" means Mecklenburg and Gaston Counties, North Carolina, and York County, South Carolina.
(5) "Joint resolution" means a resolution substantially identical in content adopted separately by the board in each of the governing agencies.
(6) "Lake Wylie" means the impounded body of water along the Catawba River in the three counties extending from the base of Mountain Island Dam downstream to the Catawba Dam.
(7) "Shoreline area" means, except as modified by a joint resolution of the three counties, the area within the three counties lying within one thousand feet of the mean high-water line (five hundred seventy feet) on Lake Wylie In addition, the shoreline area includes all islands within Lake Wylie and all peninsulas extending into the waters of Lake Wylie.
(8) "Wildlife Commission" means the North Carolina Wildlife Resources Commission and the South Carolina Department of Wildlife and Marine Resources.
SECTION 2. The counties of York, South Carolina, Gaston and Mecklenburg, North Carolina, are authorized by ordinance or joint resolution to create the Lake Wylie Marine Commission. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by ordinance or joint resolution subject to the provisions of each applicable state. The provisions of any ordinance or joint resolution may be modified, amended, or rescinded by a subsequent joint resolution. A county may unilaterally withdraw from participation as required by any joint resolution or the provisions of this act, once the commission has been created, and any county may unilaterally withdraw from the commission at the end of any budget period upon ninety days prior written notice. Upon the effectuation of the withdrawal, the commission is dissolved until reestablished under the provisions of this act and all property of the commission must be distributed to or divided among the three counties and any other public agency or agencies serving the Lake Wylie area in a manner considered equitable by the commission.
SECTION 3. Upon its creation, the commission shall have a governing board of seven. Except as otherwise provided for the first four-year period, each commission shall serve either a three or a four year term with commissioners to serve overlapping terms so that two commissioner appointments are made each year. Upon creation of the commission, the Board of Caston County shall appoint three commissioners and the boards of the other two counties shall appoint two each. These initial appointees shall serve until September thirtieth following their appointment. Thereafter, appointments must be made each October first by the respective boards of the three counties as follows:
(1) First Year: Three commissioners from Gaston, one appointed for a one-year term, one appointed for a three-year term, and one appointed for a four-year term; two commissioners from Mecklenburg, one appointed for a one-year term and one appointed for a two-year term; two commissioners from York, one appointed for a two-year term and one appointed for a three-year term.
(2) Second Year: Two commissioners from Mecklenburg, one appointed for a three-year term and one appointed for a four-year term.
(3) Third Year: Two Commissioners from York, one appointed for a three-year term and one appointed for a four-year term.
(4) Fourth year: Two commissioners from Gaston, one appointed for a three-year term and one appointed for a four-year term.
(5) Fifth and succeeding years: Appointments for one three-year and one four-year term in rotation by county in the order set out above. On the death of a commissioner, resignation, incapacity, or inability to serve, as determined by the board appointing the commissioner, or removal of the commissioner for cause, as determined by the board appointing the commissioner, the board affected may appoint another commissioner to fill the unexpired term.
SECTION 4. The joint resolution of the three counties shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the commission, and reimbursement of expenses incurred by commissioners, consultants, and employees. The commission is governed by these budgetary and accounting procedures as may be specified by joint resolution.
SECTION 5. Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the board of the three counties concerned. The commissioners shall elect a chairman and such officers as they may choose. All officers shall serve one-year terms. The governing board shall adopt such rules and regulations as it may consider necessary, not inconsistent with the provisions of this act or of any joint resolution, for the proper discharge of its duties and for the governance of the commission. In order to conduct business, a quorum must be present. The chairman may adopt those committees as may be authorized by such rules and regulations. The commission shall meet regularly at those times and places as may be specified in its rules and regulations or in any joint resolution. However, meetings of the commission must be held in all three counties on a rotating basis so that an equal number of meetings is held in each county. Special meetings may be called as specified in the rules and regulations.
SECTION 6. (A) Within the limits of funds available to it and subject to the provisions of this act and of any joint resolution, the commission may:
(1) hire and fix the compensation of permanent and temporary employees and staff as it may consider necessary in carrying out its duties;
(2) contract with consultants for such services as it may require;
(3) contract with the States of North Carolina, South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services as may be provided to or by these agencies and carry out the provisions of these contracts;
(4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts;
(5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this act;
(6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wylie and its shoreline area, or protection of property in the shoreline area.
(B) The commission may accept, receive, and disburse in furtherance of its functions any funds, grants, services, or property made available by the federal government or its agencies or subdivisions, by the state government or its agencies or subdivisions, or by private and civic sources.
(C) The governing bodies of the three counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources. They may appropriate funds out of tax revenues and may also levy annually taxes for the payments of such appropriation as a special purpose, in addition to any allowed by the Constitution.
(D) The commission is subject to those audit requirements as may be specified in any Joint resolution.
(E) In carrying out its duties and either in addition to or in lieu of exercising various provisions of the above authorization, the commission may, with the agreement of the board of the county concerned, utilize personnel and property of or assign responsibilities to any officer or employee of any of the three counties. Such contribution in kind, if substantial, may with the agreement of the other two counties be considered to substitute in whole or in part for the financial contribution required of that county in support of the commission.
(F) Unless otherwise specified by joint resolution, each of the three counties shall annually contribute an equal financial contribution to the commission in an amount appropriate to support the activities of the commission in carrying out its duties.
SECTION 7. (A) A copy of the ordinance or joint resolution creating the commission and of any ordinance or joint resolution amending or repealing the ordinance or joint resolution creating the commission must be filed with the Executive Director of the North Carolina Wildlife Resources Commission and the Executive Director of the South Carolina Department of Wildlife and Marine Resources. When the executive director receives resolutions that are in substance identical from all three counties concerned, the executive director shall, within ten days, certify this fact and distribute a certified single resolution text to the following:
(1) the Secretary of the State of North Carolina and the Secretary of State of South Carolina;
(2) the clerk to the board of each of the three counties;
(3) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County. Upon request, the executive director also shall send a certified single copy of any and all applicable Joint resolutions to the chairman of the commission;
(4) a newspaper of general circulation in the three counties.
(B) Unless a joint resolution specifies a later date, it shall take effect when the executive director's certified text has been submitted to the Secretary of State for filing. Certifications of the executive director under the seal of the commission as to the text or amended text of any joint resolution and of the date or dates of submission to the Secretaries of State is admissible in evidence in any court. Certifications by any clerk of superior court or county clerk of court of the text of any certified resolution filed with him by the executive director is admissible in evidence and the executive director's submission of the resolution for filing to the clerk shall constitute prima facie evidence that the resolution was on the date of submission also submitted for filing with the Secretary of State. Except for the certificate of a clerk as to receipt and date of submission, no evidence may be admitted in court concerning the submission of the certified text of any resolution by the executive director to any person other than the Secretary of State.
SECTION 8. (A) Except as limited in subsection (B) of this section, by restrictions in any joint resolution and by other supervening provisions of law, the commission may make regulations applicable to Lake Wylie and its shoreline area concerning all matters relating to or affecting public safety. These regulations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated under the authority of general law. In lieu of or in addition to passing regulations supplementary to state law and regulations concerning the operation of vessels on Lake Wylie, the commission may, after public notice, request that the North Carolina Wildlife Resources Commission and the South Carolina Department of Wildlife and Marine Resources pass local regulations on this subject in accordance with the procedure established by appropriate state law.
(B) Violation of any regulation of the commission commanding or prohibiting an act is a misdemeanor punishable by a fine not to exceed two hundred dollars or thirty days imprisonment.
(C) The regulations promulgated under this section take effect upon passage or upon such dates as may be stipulated in the regulations except that no regulation may be enforced unless adequate notice of the regulation has been posted in or on Lake Wylie or its shoreline area. Adequate notice as to a regulation affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question. Where a regulation applies generally as to Lake Wylie or its shoreline area, or both, there must be a posting of notices, signs, or markers communicating the essential provisions in at least three different places throughout the area and it must be printed in a newspaper of general circulation in the three counties.
(D) A copy of each regulation promulgated under this section must be filed by the commission with the following persons:
(1) the Secretaries of State of North and South Carolina;
(2) the clerk of superior court of each of the three counties;
(3) the Executive Directors of the Wildlife Resources Commission of North Carolina and South Carolina Wildlife and Marine Resources Department.
(E) Any official designated in subsection (D) above may issue certified copies of regulations filed with him under the seal of his office. These certified copies may be received in evidence in any proceeding.
(F) Publication and filing of regulations promulgated under this section as required above is for informational purposes and is not a prerequisite to their validity if they in fact have been duly promulgated, the public has been notified as to the substance of regulations, a copy of the text of all regulations is in fact available to any person who may be affected and no party to any proceeding has been prejudiced by any defect that may exist with respect to publication and filing. Rules and regulations promulgated by the commission under the provisions of other sections of this resolution relating to internal governance of the commission need not be filed or published. Where posting of any sign, notice, or marker or the making of other communication is essential to the validity of a regulation duly promulgated, it is presumed in any proceeding that prior notice was given and maintained and the burden lies upon the party asserting to the contrary to prove lack of adequate notice of any regulation.
SECTION 9. (A) Where a joint resolution so provides, all law enforcement officers, or those officers as may be designated in the joint resolution, with territorial jurisdiction as to any part of Lake Wylie or its shoreline area, within the limitations of their subject matter jurisdiction, have the authority of peace officers in enforcing the laws over all of Lake Wylie and its shoreline area.
(B) Where a joint resolution provides it, the commission may hire special officers to patrol and enforce the laws on Lake Wylie and its shoreline area. These special officers have and may exercise all the powers of peace officers generally within the area in question and shall take the oaths and are subject to all provisions of law relating to law enforcement officers.
(C) Unless a joint resolution provides to the contrary, all courts in the three counties, within the limits of their subject matter jurisdiction, have concurrent jurisdiction as to all criminal offenses arising within the boundaries of Lake Wylie and its shoreline area.
(D) Where a law enforcement officer with jurisdiction over any part of Lake Wylie or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wylie or in its shoreline area, he has extraterritorial jurisdiction as may be necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not with the boundaries of Lake Wylie and its shoreline area; conducting prisoners in custody to a court or detention facilities as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of the three counties. This also includes continuing pursuit Or and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question.
(E) Where law enforcement officers are given additional territorial jurisdiction under the provisions of this section, this is considered an extension of the duties of the office held and no officer shall take any additional oath or title of office.
SECTION 10. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate.
The following Bill was taken up.
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.
Rep. KIRSH moved to table the Bill, which was agreed to.
The following Bills and Joint Resolutions 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. 822 -- Senator Long: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, AS AMENDED, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE FOR HORRY COUNTY TO HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE HORRY COUNTY GOVERNING BODY.
S. 825 -- Senator Moore: A JOINT RESOLUTION TO AUTHORIZE THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY AN ADDITIONAL SIX MILLS FOR FISCAL YEAR 1987-88 WHICH ONLY MAY BE USED FOR THE OPERATIONS OF THE SCHOOL DISTRICT.
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.
S. 587 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-37-325 SO AS TO PROVIDE FOR THE PROMULGATION OR APPROVAL OF AUTOMOBILE INSURANCE CREDIT OR DISCOUNT PLANS BY THE CHIEF INSURANCE COMMISSIONER.
S. 774 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MENTAL HEALTH, RELATING TO QUALIFICATIONS FOR NONPHYSICIAN DESIGNATED EXAMINERS WHO WILL BE APPOINTED BY THE PROBATE COURTS IN COMMITMENT PROCEEDINGS FOR CHEMICALLY DEPENDENT PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 776 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO THE MEDICALLY INDIGENT ASSISTANCE FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 813, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 787 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO ADOPTION INVESTIGATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 838, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 790 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID, DESIGNATED AS REGULATION DOCUMENT NUMBER 828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 806 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO SELECTION AND ASSIGNMENT OF BOXING REFEREES AND JUDGES AND WAIVER OF RULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 814 -- Senators Pope, Bryan and Martin: A BILL TO CREATE THE UNION-LAURENS COMMISSION FOR HIGHER EDUCATION, TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS, TO REPEAL ACT 23 OF 1965 RELATING TO THE UNION COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO TRANSFER ALL ASSETS AND LIABILITIES OF THE UNION COUNTY COMMISSION TO THE UNION-LAURENS COMMISSION ABOVE ESTABLISHED.
S. 817 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY, RELATING TO LENDING PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 847, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 823 -- Senator Bryan: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 ARE ELECTED.
Rep. STODDARD, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 5759Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. One member of the Board of Trustees of School District No. 55 of Laurens County must reside in and be elected from each of the following defined single-member election districts for terms of four years by the electors within each election district. The chairman of the Board must be elected from the membership of the Board by a majority vote of the board for a term of two years and until his successor is elected and qualified.
District Number Population Variance
and Composition Or Districts
District 55 27,690
District No. 1
Gray Court
Div. ED 625 988
ED 626A 173
ED 626B 52
ED 627 19
ED 628 0
ED 629 439
ED 632 2
ED 633 488
ED 634 199
ED 635 874
ED 637 346
ED 638 508
4,088 +3.36%
District 2
Gray Court
Div. ED 630 73
ED 631 97
Laurens Div.
ED 653 101
ED 654 127
ED 655 374
ED 656 113
ED 657 405
ED 658 697
ED 662A,
SubAreas H-J, M-U 576
ED 664 83
ED 665A,
SubAreas C-K 505
ED 666 262
ED 667 76
ED 682 114
Clinton Div.
ED 683 79
ED 684 50
ED 685 197
3,929 -0.66%
District No. 3
Gray Court
Div. ED 639 251
Laurens Div.
ED 660 610
ED 661,
SubAreas D-I, S 255
Tract 9902,
Blks. 302-312,
314-322, 323 405
Blks. 404-410,
412-420 787
B65 435
Blks. 601-610 194
Tract 9903,
Blks. 401-411 288
Blks. 501-509,
513-516 493
B66 379
4,097 +4.88%
District 4
Laurens Div.
ED 652 1,324
ED 659 764
Tract 9903, B61 1,222
Blks. 201-215,
220, 221 709
4,019 +1.62%
District 5
Laurens Div.
Tract 9902,
Blks. 105-131 1,052
Blks. 210-214,
222-224 384
Blks. 401-403,
411, 421 209
Tract 9903,
Blks. 216-219 519
B63 730
Blks. 412-430 733
Blks. 510-512,
517-519 149
3,776 0%
District 6
Laurens Div.
ED 661,
SubAreas A-C, J-R 769
ED 662A, SubAreas
A-G, K, L 1,010
ED 663 123
ED 665A,
SubAreas A, B 107
Tract 9902,
Blks. 101-103 136
Blks. 201-209,
215-221 821
Blks. 301, 313,
323-332, 334 935
Blks. 611, 612 7
3,908 -1.19%
District 7
Gray Court Div.
ED 636 133
ED 640 308
Princeton Div.
ED 642 942
ED 643 pt. 52
ED 644 pt. 629
ED 646 301
ED 647 85
ED 648 0
ED 649 pt. 58
ED 651 423
Cross Hill Div.
ED 699 200
ED 701 pt. 58
ED 702 186
ED 703 12
ED 704 486
ED 705 0
3,873 -2.07%
SECTION 2.(A)An election to elect a school board trustee must be held on the first Tuesday in March, 1988, under the laws governing special elections by the Laurens County Election Commission in Laurens County School District No. 55, election districts Nos. 1, 2, 4, and 5 as described in Section 1 of this act. The trustees elected in each district shall take office on April 1, 1988, and shall serve until their successors are elected on the first Tuesday in March, 1991. Thereafter successors must be elected for regular four-year terms at elections to be held on the first Tuesday in March of the appropriate year to take office on April 1.
(B)The present members of the Board of Trustees of School District No. 56 of Laurens County who reside in Districts Nos. 3, 6, and 7 shall continue to serve until their successors are elected in a special election to be held in each district on the first Tuesday ln March, 1989, and each four years thereafter. Their successors shall serve regular terms of four years.
SECTION 3.Act 604 of 1986 is repealed.
SECTION 4.This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate.
The following Bill was taken up.
S. 824 -- Senator Bryan: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 56 ARE ELECTED.
Rep. J.W. JOHNSON, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 5751Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. One member of the Board of Trustees of School District No. 56 of Laurens County must reside in and be elected from each of the following defined single-member election districts for terms of four years by the electors within each election district. The chairman of the Board shall be elected from the membership of the Board by a majority vote of the board for a term of two years and until his successor is elected and qualified.
District Number Population Variance
and Composition of Districts
District 56 20,953
7 District Mean 2,993
+ 5% Variance 3,143
- 5% Variance 2,843
District No. 1
Clinton Div. ED 669 1,211
ED 670 435
ED 671,
SubArea B-K 944
ED 672,
SubAreas A,B,E-J,M 494
ED 676 0
3,084 +3.04%
District 2
Clinton Div. ED 671,
SubArea A 63
ED 672,
SubAreas C,D,K,L,N-P 531
ED 673 0
ED 674 1,258
ED 675 63
ED 679,
SubAreas B, G-J 153
ED 680B 82
ED 683 pt. 707
2,857 -4.54%
District No. 3
Laurens Div. ED 665A pt. 153
Clinton Div. ED 677 246
ED 679,
SubAreas A,C-F, K-Y 7,123
ED 680A 741
ED 684 pt. 12
ED 685 pt. 459
ED 686 118
2,852 -4.71%
District No. 4
Clinton Div. ED 668 712
ED 678 1,281
ED 682 pt. 644
ED 687A,
SubAreas A-E, J 321
2,958 -1.17%
District No. 5
Clinton Div. ED 687A,
SubAreas C, H 1,445
ED 687B 0
ED 687C 0
ED 689 1,781
ED 690 0
3,226 +7.78%
District No. 6
Clinton Div. ED 681 320
ED 687A,
SubAreas F,I,K,L 338
ED 688 340
Joanna Div. ED 692 679
ED 693 1,160
ED 694 94
ED 695 113
ED 696 77
3,121 +4.28%
District No. 7
Laurens Div. ED 662A pt. 83
ED 666 pt. 46
Clinton Div. ED 691 6
Joanna Div. ED 697 362
ED 698 0
Cross Hill Div. ED 700 604
ED 701 pt. 523
ED 704 pt. 486
ED 705 0
ED 706 745
2,855 -4.61%
SECTION 2.(A) An election to elect a school board trustee must be held on the first Tuesday in March, 1988, under the laws governing special elections by the Laurens County Election Commission in Laurens County School District No. 56, election districts Nos. 1, 2, 3, and 4 as described in Section 1 of this act. The trustees elected in each district shall take office on April 1, 1988, and shall serve until their successors are elected on the first Tuesday in March, 1991. Thereafter successors must be elected for regular four-year terms at elections to be held on the first Tuesday in March of the appropriate year to take office on April 1.
(B) The present members of the Board of Trustees of School District No. 56 of Laurens County who reside in Districts Nos. 5, 6, and 7 shall continue to serve until their successors are elected in a special election to be held in each district on the first Tuesday in March, 1989. Their successors shall serve regular terms of four years.
SECTION 3. Act 6 of 1959 is repealed.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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, RELATING 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.
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.
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.
S. 177 -- Senator Fielding: A BILL TO AMEND SECTION 44-73-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR BURIAL VAULTS, SO AS TO EXEMPT FROM THE DEPTH REQUIREMENTS VAULTS IN CEMETERIES IN AREAS WITH A WATER TABLE AT LEAST TWO FEET BELOW GROUND LEVEL AND NOT SUBJECT TO SURFACE WATER OR TIDAL FLOODING.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3084 -- Rep. J. Rogers: A BILL TO AUTHORIZE THE BOARD OF EDUCATION IN MARLBORO COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
H. 2920 -- Rep. Hawkins: A BILL TO AMEND SECTION 44-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO PUBLIC HEALTH, IN GENERAL, SO AS TO ASSURE THE DEPARTMENT ACCESS TO MEDICAL RECORDS, TUMOR REGISTRIES, AND SPECIAL DISEASE RECORD SYSTEMS OF PHYSICIANS, HOSPITALS, AND HEALTH FACILITIES IN THE DEPARTMENT'S INVESTIGATION OF EPIDEMIC AND ENDEMIC DISEASES.
H. 2967 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-9-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF AN INSURANCE POLICY PRIOR TO THE EXPIRATION OF THE TERM STATED IN THE POLICY, SO AS TO PROVIDE THAT WHEN A POLICY IS CANCELLED A REFUND OF ALL PREMIUMS COLLECTED IN EXCESS OF ONE-HALF OF THE PREMIUM EARNED DURING THE TIME THE POLICY WAS IN FORCE MUST BE RETURNED TO THE INSURED AND PROVIDE THAT THIS SECTION DOES NOT RELIEVE THE INSURANCE CARRIER OF THE OBLIGATION OF PAYING ALL VALID CLAIMS OR LOSSES DURING THE PERIOD THE POLICY WAS IN FORCE.
H. 3032 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE I, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES BY ADDING SECTION 29-3-70 SO AS TO PROVIDE THAT A MORTGAGEE, WHEN MAKING A MORTGAGE LOAN MAY NOT REQUIRE, AS A CONDITION OR TERM OF THE MORTGAGE, THAT THE MORTGAGOR PURCHASE CASUALTY INSURANCE ON PROPERTY WHICH IS THE SUBJECT OF THE MORTGAGE IN AN AMOUNT IN EXCESS OF THE REPLACEMENT COST OF THE BUILDINGS OR APPURTENANCES ON THE MORTGAGED PREMISES.
H. 3207 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO OFFICERS; MEETINGS; APPLICATIONS, FEES AND LICENSING BY EXAMINATION; REGISTRATION BY EXAMINATION; APPLICATION FOR REGISTRATION BY RECIPROCITY; CERTIFICATES; PRACTICE OF FIRMS, CORPORATIONS, PROFESSIONAL ASSOCIATIONS AND PARTNERSHIPS; REGISTRANT'S SEAL; REPRIMAND, SUSPENSION OR REVOCATION OF CERTIFICATES; AND MANNER OF DISCIPLINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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 following Bill was taken up.
S. 590 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND AND HILTON HEAD ISLAND, SO AS ALSO TO PROHIBIT TRAWLING WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF FRIPP ISLAND AND TO CHANGE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Rep. FOXWORTH moved to recommit the Bill to the Committee on Agriculture and Natural Resources, which was agreed to.
The following Bill was taken up.
H. 2866 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 39-57-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUSINESS OPPORTUNITY SALES ACT, SO AS TO REVISE THE DEFINITION OF "BUSINESS OPPORTUNITY" AND TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS DEFINITION.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, June 2, by Rep. T.M. BURRISS.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. McEACHIN moved to adjourn debate upon the following Bill until January 12, 1988, which was adopted.
H. 2154 -- Reps. McEachin, Gilbert, McKay and J.W. McLeod: A BILL TO AMEND SECTION 40-21-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO REVISE THE QUALIFICATIONS OF CERTAIN LAND SURVEYOR MEMBERS OF THE BOARD, AND TO AMEND SECTION 40-21-195, RELATING TO QUALIFICATIONS FOR LICENSING AS A TIER B LAND SURVEYOR, SO AS TO EXTEND FROM TWO TO FOUR YEARS THE PRACTICAL EXPERIENCE QUALIFICATION NECESSARY FOR LICENSURE.
The following Bill was taken up.
H. 2725 -- Reps. J.W. McLeod, Ogburn and R. Brown: A BILL TO AMEND SECTION 40-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DEFINE RESIDENT REGISTERED ENGINEER, RESIDENT REGISTERED LAND SURVEYOR, BRANCH OFFICE, AND REGISTERED; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-21-405 SO AS TO PERMIT A REGISTERED ENGINEER AND REGISTERED LAND SURVEYOR TO MAINTAIN A PRINCIPAL PLACE OF BUSINESS AND BRANCH OFFICES AND TO PROVIDE REQUIREMENTS FOR THESE PLACES OF BUSINESS.
The Medical, Military, Public and Municipal Affairs proposed the following Amendment No. (Doc. No. 5533Y), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. The 1976 Code is amended by adding:
"Section 40-21-405. Registered engineers and registered land surveyors engaged in business as sole proprietorships, partnerships, corporations, or other types of firms involving the practice of engineering or land surveying may maintain a principal place of business as well as branch offices. Each principal place of business as well as each branch office must have a resident registered engineer or registered land surveyor in responsible charge of the field and office surveying or engineering work provided. A registered engineer must supervise the engineering branch office and a registered land surveyor must supervise the land surveying branch office. The resident registered engineer or registered land surveyor is considered in residence in only one place of business at a given time. The provisions of this section do not apply to a registered land surveyor or registered engineer with only one place of business. In this section, engaged in business means holding oneself out generally to the public as qualified and available to perform engineering or land surveying services, or both, for a fee."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 363 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-125 SO AS TO REQUIRE WATERCRAFT TO SLOW TO NO WAKE SPEED WHEN OPERATED WITHIN TWO HUNDRED FEET OF PUBLIC BOAT LANDINGS OR RAMPS LOCATED ON LAKES AND RESERVOIRS CONSTRUCTED OR DEVELOPED FOR HYDROELECTRIC GENERATION AND TO PROHIBIT SWIMMING WITHIN FIFTY FEET OF THEM.
The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 5684Y).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-125. It is unlawful for any person to swim within fifty feet of a public boat landing or ramp located on a lake or reservoir constructed or developed by an investor-owned utility for hydroelectric generation. For the purposes of this section, a public boat landing or ramp is one owned or maintained by an investor-owned utility for hydroelectric generation and is available to the public at large. The no swimming area must be clearly marked and signs must be posted to give public notice that no swimming is allowed in the area. Watercraft shall slow to no wake speed when operated within two hundred feet of the landing or ramp. The Wildlife and Marine Resources Department shall issue a sufficient number of signs to inform operators of motorboats that the area is a no wake zone. The signs must have printed on them 'SLOW TO NO WAKE SPEED'. The provisions of this section do not apply in that portion of Game Zone No. 4 in Lancaster County."/
Renumber sections to conform.
Amend title to conform.
Rep. FOXWORTH explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 641 -- Senator Waddell: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FIVE TO FIFTEEN MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
On motion of Rep. McABEE, with unanimous consent, it was ordered that S. 641 be read the third time tomorrow.
Rep. J. ROGERS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.
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. Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Evatt Fair Felder Ferguson Gilbert Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. McAbee McEachin McElveen McGinnis McLellan McLeod, E.B. Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. J. ROGERS, WILKINS and J.W. JOHNSON to the Committee of Free Conference and a message was sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S. C., June 2, 1987
The COMMITTEE OF FREE CONFERENCE, to whom was referred: H. 2345
H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking SECTION 4 in its entirety and inserting therein:
/SECTION 4. Section 2-3-75 of the 1976 Code is amended to read:
"Section 2-3-75. The Office of Legislative Printing and Information Technology Resources (LPITR) shall be established under the joint direction and management of the Clerk of the Senate and the Clerk of the House. The Clerks shall employ a director to carry out the business of the office, who shall have authority to hire and discharge staff with the approval of the Clerks, with such funds as may be authorized by the General Assembly. The Office of Legislative Printing and Information Technology Resources shall have the following authority and duties:
(1) The Office of Legislative Printing and Information Technology Resources shall provide printing and technical services to the House of Representatives, the Senate, the Legislative Council and the Code Commissioner. The Director of LPITR shall, with the approval of the Clerks contract for all legislative printing requirements not otherwise provided for by law. LPITR shall also contract for the printing requirements of the Code Commissioner as contained in Section 2-13-60(4).
(2) Any materials which have been printed or paid for under the LPITR printing contract may be sold to other state agencies and private persons. All funds received for such service shall be deposited in the State Treasury to the credit of the general fund of the State. Before any funds are Paid into the State Treasury, all necessary expenses incurred by LPITR in the Production and distribution of materials in accordance with this section may be first deducted and retained by the Office of LPITR. Payment for such expenses may be made on order of the Director of Legislative Printing and Information Technology Resources and approval of the Clerks of the House and Senate.
(3) Legislative Printing and Information Technology Resources may sell by means of electronic transmission or by such other means as it deems appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code, as amended. Such sale shall be with the approval of the Clerks of the House and Senate upon their prior consultation with the Speaker of the House and the President Pro Tempore of the Senate."/
Amend the bill further, as and if amended, by adding a new SECTION to read:
/SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/ Thomas E. Smith, Jr. /s/ John I. Rogers, III /s/ Thomas L. Moore /s/ David H. Wilkins /s/ Thomas H. Pope, III /s/ James W. Johnson, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Upon the withdrawal of an objection by Rep. J. BRADLEY the following Bill was taken up.
H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 4601Y).
Amend the bill, as and if amended, in item (3) of Section 23-43-20 of the 1976 Code as contained in SECTION 1 by striking /, other than a mobile or manufactured home/ which begins on line 8 of page 2.
When amended, item (3) shall read:
/(3) 'Modular building unit' means a building including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building and not designed for ready removal to another site. This is not to be limited to residential dwellings any building of closed construction regardless of type of construction or occupancy classification, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. T. ROGERS objected to the Bill.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.
Rep. WINSTEAD objected.
On motion of Rep. KLAPMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 139 -- Senator Setzler: a BILL TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO INCREASE THE PENALTY WHEN THE DEPOSIT IS LIKELY TO INJURE ANY PERSON, ANIMAL, OR VEHICLE AND TO PROVIDE FOR THE PENALTIES WHEN PERSONAL INJURY OR DEATH RESULTS FROM THE DEPOSIT.
Rep. RUDNICK asked unanimous consent to recall H. 3107 from the Committee on Judiciary.
Rep. J.W. JOHNSON objected.
Rep. M.O. ALEXANDER asked unanimous consent to recall H. 3066 from the Committee on Ways and Means.
Rep. P. BRADLEY objected.
On motion of Rep. T.M. BURRISS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 575 -- Senator Bryan: A BILL TO AMEND ACT 512 OF 1986, RELATING TO THE REGULATION OF THE BURGLAR ALARM SYSTEM BUSINESS, SO AS TO PROVIDE THAT PERSONS ENGAGED IN THE "BURGLAR ALARM SYSTEM BUSINESS" DO NOT INCLUDE LAW ENFORCEMENT OFFICERS OR INDIVIDUALS WHO MAY RESPOND TO AN ALARM BY HAPPENSTANCE; TO PROVIDE THAT THE APPLICATION FEE FOR BURGLAR ALARM SYSTEM BUSINESS LICENSES MUST BE RETAINED BY THE SOUTH CAROLINA STATE LICENSING BOARD; TO FURTHER PROVIDE FOR THE TYPE OF ACTS TO BE COVERED BY REQUIRED BONDS OF LICENSEES; TO FURTHER PROVIDE FOR THE REQUIRED CONTENTS OF ADVERTISING, SOLICITING BURGLAR ALARM BUSINESS; AND TO FURTHER PROVIDE FOR THE QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE.
Rep. T.M. BURRISS moved to waive Rule 5.12, which was agreed to by a division vote of 55 to 0.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.
Rep. PEARCE objected.
The following Concurrent Resolution was taken up.
S. 740 -- Senator Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO PROVIDE THAT IT WAS AND IS THE INTENT OF THE GENERAL ASSEMBLY IN THE ADOPTION OF SECTION 11, PART II OF ACT 178 OF 1981, WHICH MAKES REFERENCES TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 (PUBLIC LAW 96-510), TO ADOPT ALL SUBSEQUENT AMENDMENTS TO THIS ACT AS CODIFIED AND ENACTED INTO FEDERAL LAW FROM THE EFFECTIVE DATE OF THE FEDERAL AMENDMENTS.
Whereas, the General Assembly in Section 11, Part II of Act 178 of 1981 enacted certain provisions of law wherein references were made to the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510); and
Whereas, the General Assembly, by this resolution, is desirous of expressing its intent at that time and now that these references are to this federal act, as and if amended. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly declares that it was and is the intent of the General Assembly in the adoption of Section 11, Part II of Act 178 of 1981, which makes references to the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510), to adopt all subsequent amendments to this act as codified and enacted into federal law from the effective date of the federal amendments.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, June 2, by Reps. R. BROWN and E.B. McLEOD.
Rep. R. BROWN explained the amendment.
Rep. WINSTEAD moved to commit the Concurrent Resolution to the Committee on Agriculture and Natural Resources.
Rep. R. BROWN moved to table the motion, which was agreed to by a division vote of 32 to 16.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. WINSTEAD spoke against the Concurrent Resolution.
The Concurrent Resolution, as amended, was then adopted and ordered returned to the Senate.
The Reading Clerk of the House read the following House Resolution:
H. 3146 -- Rep. Felder: A HOUSE RESOLUTION TO RECOGNIZE SYLVIA F. HAYNES OF FT. MOTTE IN CALHOUN COUNTY AS BEING THE ONE HUNDRED THOUSANDTH GRADUATE OF THE SPECIAL SCHOOLS FOR INDUSTRIAL TRAINING OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND TO INVITE MS. HAYNES TO BE THE GUEST OF THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, JUNE 3, 1987, AT TWELVE O'CLOCK NOON.
Ms. Sylvia F. Haynes and distinguished party were escorted to the rostrum by Reps. FELDER, McCAIN, K. BAILEY and BENNETT.
Rep. FELDER introduced the honored guest as follows:
"Mr. Speaker and distinguished members of the House of Representatives, today it is a tremendous privilege for me to have this young lady standing on my left. She is a very special guest that you've invited here to celebrate the one hundred thousandth graduate of the Special School for Industrial Training of the State Board of Technical and Comprehensive Education. Before I tell you a little bit about her, and we make a special presentation to her, I would like to recognize some people who are here in the balcony. First of all, Ms. Cryle Flood, who is the sister of our distinguished guest; then, I'd like to recognize the Regional Managers for the Special Schools for Tech -- Ms. Kathie Neeley, Mr. Ryan Powell, Mr. Wallace Starnes, and Mr. John Singley. Also, I have a very close friend who is here from St. Matthews, someone I have known all of my life, Mr. Thurston Murray, who is the Economic Development Consultant at Orangeburg-Calhoun Tech. Also, I'd like to recognize at this time Mr. Ed Zobel; I want to thank Ed for doing a fine job for getting this together.
Today, on the floor with me, I have several distinguished visitors here from Allied Bendix Aerospace. The two I'd like to recognize at this time are Mr. David Lengel, who is the Plant Manager, and Mr. William Graham, who is Vice President and General Manager, who will have a presentation to make in a moment. We are so delighted to have them here. The Orangeburg Delegation appreciates Allied Bendix Aerospace and the commitment they have made to Orangeburg County.
From Technical Education, I'd like to recognize the Chairman of the State Board for Technical Education, Mr. Henderson Barnette; the Executive Director of the State Board, Dr. James R. Morris, Jr.; the Deputy Director of Economic Development Division, Mr. Hank Warth; and, a fellow you all might know, but one of my particular favorite people, Mr. Rudy Groomes, who is the President of Orangeburg-Calhoun Technical College.
Ms. Haynes is 24 years old and lives in the Fort Motte area of Calhoun County, and for those who don't know, the Fort Motte area almost was the state capital at one time. But now, the best product we put out are our citizens, and Ms. Haynes certainly represents the finest we could put out. She completed the first Special Schools program for the Bendix Electric Power Division, Orangeburg facility, after her graduation from St. John's High School in Cameron. Prior to her beginning work for Bendix, she was employed by the Elloree Garment Corporation and she entered the Special Schools program in January. After she completed the program in March, she went to work for Bendix Electric Power Division, and she is working there now. She said that the 157 hours she spent in training there was not as tough as what she's gone through today with the Governor's Office and messing with the politicians. We're very proud of her, and I think it shows what great commitments we can make to improving the quality of life of our citizens when our technical resources are used hand-in-hand with great benefactors such as Allied Bendix, working in private industry, and having the good product, like Sylvia Haynes has, to go out and mold her, and for her to use her skills so that she can be a very productive worker in our society. I think this shows what we can all do.
Therefore, today, I'd like to recognize and congratulate her as the one hundred thousandth graduate of the Special Schools. I'm going to give her a copy of the House Resolution that was passed by this body inviting her here today. I'd like for Bill Graham to please present her with the plaque signifying Bendix's recognition of her achievements. We are so proud of both of them. Mr. Speaker, on behalf of the Orangeburg-Calhoun Delegation, we want to thank the House for taking this moment to recognize this very important event in our area.
Thank you so much."
Upon the conclusion of the presentation, Ms. Haynes and her escort party retired from the Chamber.
Reps. MATTOS and RICE, with unanimous consent, introduced the Carolina High School Academic Team of Greenville County, the National Academic Champions.
The following was received. The General Assembly, Columbia, S.C., June 3, 1987
The COMMITTEE OF CONFERENCE, to whom was referred: S. 316
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.
Beg leave to report that they have duly and carefully considered the same and recommend that the Bill do pass in its entirety as last amended by the House.
Amend title to conform.
/s/ Nikki C. Setzler /s/ David O. Hawkins /s/ Phil Leventis /s/ James E. Lockemy John W. Matthews /s/ Benjamin E. Thrailkill, Jr. On Part of the Senate. On Part of the House.
Rep. LOCKEMY explained the Conference Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
Rep. McABEE moved that the House do now recede until 2:15 which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. HAYES a leave of absence to attend a Workers' Compensation meeting.
The question of a quorum was raised.
A quorum was later present.
Rep. FOXWORTH moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 363 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-125 SO AS TO REQUIRE WATERCRAFT TO SLOW TO NO WAKE SPEED WHEN OPERATED WITHIN TWO HUNDRED FEET OF PUBLIC BOAT LANDINGS OR RAMPS LOCATED ON LAKES AND RESERVOIRS CONSTRUCTED OR DEVELOPED FOR HYDROELECTRIC GENERATION AND TO PROHIBIT SWIMMING WITHIN FIFTY FEET OF THEM.
Debate was resumed on Amendment No. 1, by the Committee on Agriculture and Natural Resources.
Rep. J. BRADLEY moved to continue the Bill, which was not agreed to.
The amendment was then adopted.
Rep. J. BRADLEY moved to adjourn debate upon the Bill.
Rep. FOXWORTH moved to table the motion, which was agreed to.
Rep. J. BRADLEY spoke against the Bill.
Rep. WASHINGTON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 25 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2936 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD A BLOOD TEST TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR ITS USE, AND TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 588 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-3-310 AND 24-3-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES, SO AS TO DECLARE THE FURTHER INTENT IN THE EMPLOYMENT OF CONVICT LABOR IS TO PLACE INMATES IN A REALISTIC WORKING ENVIRONMENT AND TO REQUIRE THE BOARD OF CORRECTIONS TO PLACE NOT LESS THAN FIVE PERCENT NOR MORE THAN TWENTY PERCENT OF GROSS WAGES PAID INMATES WITH THE STATE TREASURER FOR USE IN THE VICTIM ASSISTANCE PROGRAM AND OTHER SELFSUSTAINING PROGRAMS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-315 SO AS TO PROVIDE THAT INMATE PARTICIPATION IN ANY PRISON INDUSTRY PROGRAM BE ON A VOLUNTARY BASIS AND THAT THE INMATE DOES NOT DISPLACE EMPLOYED WORKERS OR RECEIVE LESS PAY FOR WORK OF A SIMILAR NATURE.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. McABEE having the floor.
H. 2361 -- Reps. Davenport, T. Rogers, Whipper, M.D. Burriss, Townsend, Winstead, J. Bradley, J.C. Johnson, Rhoad, Sharpe, M.O. Alexander, Faber, Haskins, Keyserling, Koon, O. Phillips, Baker, McElveen, G. Bailey, Kay, Holt, E.B. McLeod, L. Phillips, Rice, J. Harris, Nesbitt, Gilbert, Beasley, Hayes, Shelton, Mattos, Felder, Clyborne, Edwards, Stoddard, Corning, Sturkie, Neilson, Klapman, Hawkins, Simpson, T.C. Alexander, Hendricks, Hodges, Helmly, G. Brown, Dangerfield, Gentry, Sheheen. Pearce, Chamblee, Day, Thrailkill, Taylor, J.W. McLeod, McBride, Waldrop, Toal, McGinnis, Wells, Gregory, Huff, R. Brown, Arthur, Barfield, Lewis, Petty, T.M. Burriss, Russell, Cooper, H. Brown, Hearn, Washington, Rudnick, McEachin, Jones, Tucker, Elliott, Fair, J. Rogers, Mappus, Altman, Snow, McTeer and Foxworth: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO ADOPT SAFETY STANDARD NO. 205, (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO PROVIDE THAT THE STANDARDS PROVISIONS ALSO APPLY TO INDIVIDUALS AND PROHIBIT THEM FROM MODIFYING THEIR MOTOR VEHICLE WINDOWS IN VIOLATION OF SAFETY STANDARD NO. 205.
Rep. McABEE continued speaking. Rep. CARNELL moved to continue the Bill.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Blanding Carnell Evatt McAbee
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Dangerfield Davenport Derrick Elliott Felder Ferguson Gentry Harris, J. Harris, P. Haskins Hawkins Hearn Helmly Hodges Johnson, J.W. Kay Kirsh Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Short Simpson Stoddard Taylor Thrailkill Townsend Wells Wilder Winstead
So, the House refused to continue the Bill.
Rep. McABEE continued speaking.
Rep, P. BRADLEY moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barfield Baxley Blanding Boan Bradley, P. Brown, C. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Corning Dangerfield Davenport Elliott Ferguson Haskins Hawkins Hendricks Hodges Kay Kirsh Lewis Lockemy Martin, L. McCain McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Petty Phillips, L. Rhoad Rogers, J. Sharpe Shelton Short Simpson Taylor Tucker Wells Wilder Wilkins
Those who voted in the negative are:
Arthur Aydlette Bailey, K. Bennett Blackwell Bradley, J. Brown, J. Brown, R. Carnell Chamblee Clyborne Cork Day Derrick Evatt Faber Gentry Harris, J. Harris, P. Helmly Huff Johnson, J.W. Mappus Martin, D. McAbee McBride McElveen Ogburn Pettigrew Phillips, O. Rogers, T. Rudnick Sheheen Toal Townsend Washington Whipper White
So, having received the necessary vote, immediate cloture was invoked.
Rep. LIMEHOUSE proposed the following Amendment No. 5, which was rejected.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. The provisions of Section 1 of this act shall apply to all vehicles manufactured after the effective date of this act upon the effective date of this act. The provisions of Section 1 shall apply to all other vehicles five years from the effective date of this act.
SECTION 3. This act shall take effect upon approval by the Governor.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. AYDLETTE spoke in favor of the amendment.
The amendment was then rejected.
The question then recurred to the passage of the Bill.
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 Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Derrick Elliott Fair Felder Foster Foxworth Gentry Harris, J. Harris, P. Haskins Hawkins Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Tucker Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Aydlette Blanding Brown, R. Evatt McAbee
So, the Bill was read the second time and ordered to third reading.
I am a businessman and in my business we do replace autoglass (it is a small portion of our business but a part, no less). My employees have been advised that if this Bill is passed out of the House that they are not to work on and/or replace any auto glass that is in violation of the standard. They have also been instructed that they will not remove and/or replace glass in an automobile which would bring it back into compliance with the law.
To avoid indications or any thought of conflict of interest or that I would personally gain from this legislation, I ask that I be allowed to refrain from voting on this very important Bill - but I do fully support and want to go on record as supporting its intent.
Rep. G. RALPH DAVENPORT, JR.
The following was received.
The General Assembly, Columbia, S.C. June 3, 1987,
The COMMITTEE OF FREE CONFERENCE, to whom was referred: S. 593
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subsection (1) Or Section 38-37-110 of the 1976 Code is amended to read:
"(1) To provide that every such automobile insurance risk which is insurable on the basis of the criteria established herein shall be is entitled to automobile insurance from the automobile insurance insurer of the applicant's choice on the basis of the same rates, policy forms, claims service, and other services provided by such the injurer to all other applicants or insureds falling within the classification of risk and territory under the applicable risk and territorial classification plan promulgated 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;"
SECTION 2. The General Assembly directs the Chief Insurance Commissioner to review the current system of classifying and rating youthful male and youthful female operators for automobile insurance under Section 38-37-320 of the 1976 Code. Not later than February 1, 1988, the Commissioner shall by regulation promulgate any changes in the system he considers necessary fairly and equitably to classify and rate such operators for insurance purposes, and to promote safe driving performance. The Chief Insurance Commissioner shall by regulation establish revised driver risk classifications that accurately reflect losses in each category of risk.
SECTION 3. Section 38-37-930 is amended to read:
"Section 38-37-930. No insurer of automobile insurance which is a member of a group of affiliated automobile insurance insurers shall make or adopt any rule which specifies that certain classes or types of automobile insurance risks shall be written in only one or some of the insurers which are members of the affiliated group. An automobile insurer shall offer two different rates for automobile insurance, a base rate as defined in Section 38-37-785, and an objective standards rate which is twenty-five percent above the base rate. Both of these rates are subject to all surcharges or discounts, if any, applicable under any approved merit rating plan, credit or discount plan promulgated or approved by the Commissioner.
Applicants, or a current policyholder, seeking automobile insurance with an insurer, must be written at the base rate, unless one of the conditions or factors in items (1) through (8) of subsection (A) is present.
(A) The named insured or any operator who is not excluded in accordance with Section 56-11-250 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:
(1) has obtained a policy of automobile insurance or continuation thereof through material misrepresentation within the preceding thirty-six months; or
(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation: or
(3) has had two or more 'chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A 'chargeable' accident is defined as one resulting in bodily injury to any person in excess of three hundred dollars per person, death, or damage to the property or the insured or other person in excess of seven hundred fifty dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.
(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.
(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.
(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.
(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a 'hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.
(f) Accidents involving damage by contact with animals or fowl.
(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.
(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or
(4) has had one 'chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or
(5) has been convicted of or forfeited bail during the thirty-six months immediately preceding the effective date of coverage for operating a motor vehicle while ln an intoxicated condition or while under the influence of drugs; or
(6) has been convicted or forfeited bail during the thirty-six months immediately preceding the effective date for:
(a) any felony involving the use of a motor vehicle,
(b) criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle,
(c) leaving the scene of an accident without stopping to report,
(d) theft or unlawful taking of a motor vehicle,
(e) operating during a period of revocation or suspension of registration or license,
(f) knowingly permitting an unlicensed person to drive,
(g) reckless driving,
(h) the making of material false statements in the application for licenses or registration
(i) impersonating an applicant for license or registration or procuring a license or registration through impersonation, whether for himself or another,
(j) filing of a false or fraudulent claim or knowingly aiding or abetting another in the presentation of such a claim,
(k) failure to stop motor vehicle when signaled by means of a siren or flashing light by a law enforcement vehicle; or
(7) has for thirty or more days immediately preceding the effective date of coverage, owned or operated the automobile to be insured (or if newly acquired, the automobile it replaces) without liability coverage in violation of the laws of this State; or
(8) has used the insured automobile as follows or if the insured automobile is:
(a) used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool must not be considered use of an automobile for hire or compensation,
(b) used in business of transportation of flammables or explosives,
(c) used in illegal operation, or
(d) no longer principally used and garaged within the State, but not to include students who are operating a motor vehicle registered in this State while attending an institution located in another state.
(B) In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, the motor vehicle customarily operated by that individual must be written at the objective standards rate.
(C) Member companies of an affiliated group of automobile insurers may not utilize different filed rates for automobile insurance. For the purpose of this section, an affiliated group of automobile insurers includes any group of automobile insurers under common ownership, management, or control. Those automobile insurers designated pursuant to Section 38-37-150(A) for automobile insurance risks written by them through producers designated by the Facility Governing Board pursuant to that same section, shall utilize the rates or premium charges by coverage filed and authorized for use by the rating organization licensed by the Commissioner pursuant to Article 9, Chapter 43 of this Title; which has the largest number of members or subscribers for automobile insurance rates. However, those automobile insurers designated pursuant to Section 38-37-150(A) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their duly authorized agents not appointed pursuant to Section 38-37-150.
(D) An automobile insurance policy may be endorsed at any time during the policy period to reflect the correct rate or premium applicable by reason of the factors or conditions described in subsection (A) which existed prior to the commencement of the policy period in which the endorsement is made, regardless of whether the factors or conditions were known or disclosed to the insurer at the commencement of the policy period. However, no policy may be endorsed during a policy period to reflect factors or conditions occurring during that policy period to recognize the addition or deletion of an operator or vehicle.
(E) For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record."
SECTION 4. Section 56-11-140 of the 1976 Code is amended to read:
"Section 56-11-140. (a) Nothing in this article shall be deemed is considered to affect or limit the provisions of Article 7 of Chapter 9 and every such policy of liability insurance that is issued, renewed, sold, or delivered in this State shall must provide the minimum liability and uninsured motorist coverage specified therein.
(b) Nothing contained in this article or in Article 7 of Chapter 9 shall prevent prevents an insurer from issuing, selling, or delivering such a policy of insurance providing liability coverage in excess of the requirements of Article 7 of Chapter 9. Nothing in this article shall may be construed to prohibit an insurer from providing Christian Science or any licensed healing art care and treatment and such Christian Science or any licensed healing art care and treatment shall constitute constitutes economic loss.
(c) All insurers, including those insurance companies writing private passenger physical damage coverage only, shall make collision coverage and either comprehensive or fire, theft and combined additional coverage available to any insured or qualified applicant who requests such coverage.
Collision coverage shall have a mandatory deductible of fifty dollars. An insured or qualified applicant, at his sole option, shall have the right to select a deductible of one hundred dollars or two hundred dollars. Deductible greater than two hundred dollars may be offered at the option of the insurer.
Comprehensive coverage or fire, theft and combined additional coverages shall not be subject to any deductible. An insured, at his sole option, shall have the right to select a deductible of fifty dollars, one hundred dollars or two hundred dollars. Deductibles greater than two hundred dollars may be offered at the option of the insurer. It shall be considered an unfair trade practice, as described in Sections 38-55-30 and 38-55-40, for an insurer or an agent of an insurer to sell collision with a fifty dollar deductible or comprehensive coverage or fire, theft and combined additional coverage without a deductible unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured exercises the option provided herein to select a higher deductible. Such notice is required only at the time of the initial sale and shall be in a form approved by the Chief Insurance Commissioner."
SECTION 5. Article 5, Chapter 37 of Title 38 Or the 1976 Code is amended by adding:
"Section 38-37-315. Notwithstanding Sections 38-37-310, 38-37-920, and 38-37-935, no automobile insurer is required to write coverage for automobile insurance as defined in Section 38-37-10 for any applicant or existing policyholder who does not at the time of application or renewal possess a valid South Carolina motor vehicle driver's license, provided, however, this section doesn't apply to an individual who is handicapped and who owns a vehicle in this State but who doesn't have a valid driver's license; 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. This requirement does not apply to personnel of the Armed Forces of the United States on active duty and officially stationed in this State who possess a valid motor vehicle driver's license issued by another state or territory of the United States or the District of Columbia. This requirement is waived ninety days for individuals who move into South Carolina with the intent of making South Carolina their place of residence if they possess a valid driver's license issued by another state or territory of the United States or the District of Columbia."
SECTION 6. Article 9, Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-785. Notwithstanding Sections 38-43-610 and 38-43-910, every automobile insurer and rating organization shall, prior to October 1, 1987, file with the Commissioner a base rate, which is defined as a rate by coverage calculated solely upon the experience generated by the risk for each class and territory retained by the insurer in its voluntary book of business and which must not include experience generated by risks ceded or assumed from the Reinsurance Facility established under Section 38-37-710. An objective standards rate by coverage must also be filed which is twenty-five percent above the base rate previously described for each class and territory. The base rate must be calculated by removing from the rate or premium charge, then in effect for the automobile insurer, that portion of the rate or premium charge attributable to the net gain or loss of the insurer as a result of participation in the operating results of the Facility as required by Section 38-37-780. In determining the base rate and objective standards rate, by coverage, the Commissioner, in order that no extra premium revenue is generated by this section, shall require that the insurer's average rate, by coverage, on October 1, 1987 (computed as a weighted average of the base rate and objective standards rate, by coverage, as determined by the Commissioner), not exceed the insurer's average rate, by coverage, prior to October 1, 1987, as determined by the Commissioner. The provisions of the Administrative Procedures Act apply to any court appeal of a base rate or objective standards rate brought thereunder; provided, that the base rate or objective standards rate approved by the Commissioner may be put into effect under bond in a similar manner that a public utility may put a proposed rate increase into effect under bond as provided by law. No insurer may file a base rate for any class or territory which is higher than the rate or premium charge, exclusive of that portion required by Section 38-37-780, approved by the Commissioner for use on October 1, 1987. As a result of this section, no insured may receive an increase in rates for other than an increase in coverage or due to the provisions of Sections 38-37-930, 38-37-935 or 38-37-800, unless the insurer files additional rates in accordance with this title.
The base rate and objective standards rate filed by each insurer of automobile insurance are effective if they meet the requirements of this section, on or after July 1, 1988, for all eligible applicants and upon the renewal date, on or after July 1, 1988, for all eligible existing policyholders. If the base rate and objective standards rate filled by an automobile insurer do not meet the requirements of this section, the Commissioner shall suspend the authority of that insurer to write automobile insurance until the deficiencies are corrected.
After July 1, 1988, no rate or premium charge, exclusive of the Facility recoupment charge approved or established pursuant to Section 38-37-800, may be approved for an insurer of automobile insurance unless that rate or premium charge is calculated in accordance with this section and meets the other applicable requirements of this title pertaining to the approval of rates or premium charges.
The Consumer Advocate, upon request to the Commissioner, must be provided by him with a copy of any base rate filed with the Commissioner along with any supporting materials, documents, or studies utilized to support the filed base rate. In addition, every automobile insurer and rating organization shall promptly respond to requests for information and data requested by the Consumer Advocate relating to the filed base rate. The Consumer Advocate must be afforded an opportunity for a hearing before the Commissioner on any filed base rate before it takes effect that he believes does not meet the requirements of this section. Final decisions of the Commissioner regarding this hearing are subject to the provisions of the State Administrative Procedures Act."
SECTION 7. Article 9, Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-795. The rate or premium charged by insurers of private passenger automobile insurance must include a Facility recoupment charge, which must be added to the appropriate base rate or objective standards rate prescribed in Sections 38-37-785 and 38-37-930. The operating losses of the Facility for a twelve-month period must be recouped in the subsequent twelve-month period.
(1) Prior to December first of each year, the governing board of the Facility shall calculate the recoupment amount, by coverage, by dividing the net Facility operating loss, adjusted to reflect industry average expenses and the time value of money, by coverage, for the preceding Facility accounting year, by the total number of earned car years, in South Carolina, by coverage, for the same period of time. This dollar amount represents R in the formula, POX + 2P1X + 3P2X + 4P3X + 5P4X = R. In this formula to be utilized in determining the Facility recoupment charge:
(a) PO is the percentage of risks which have zero surcharge points under the Uniform Merit Rating Plan promulgated by the Commissioner;
(b) P1 is the percentage of risks which have one surcharge point under the Uniform Merit Rating Plan;
(c) P2 is the percentage of risks which are subject to a surcharge of two points under the Uniform Merit Rating Plan;
(d) P3 is the percentage of risks which are subject to a surcharge of three to eight points under the Uniform Merit Rating Plan;
(e) P4 is the percentage of risks subject to a surcharge of nine or more points under the Uniform Merit Rating Plan;
(f) X is the dollar amount by coverage, to be charged all risks having zero surcharge points under the Uniform Merit Rating Plan promulgated by the Commissioner. This dollar amount, by coverage, is the Facility recoupment charge to be added to the base rate or objective standards rate prescribed in Section 38-37-785 and 38-37-930 for all risks which have zero surcharge points.
(2) The Facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which have one surcharge point under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of two.
(3) The Facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of two points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of three.
(4) The Facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of three to eight points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of four.
(5) The Facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of nine or more points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of five.
(6) In determining the number of surcharge points a risk has for the purposes of this section, no surcharge points assigned under the Uniform Merit Rating Plan because the principal operator of the automobile has not been licensed in any state for at least one year immediately preceding the writing of the risk or as a result of a failure of any motor vehicle equipment requirement may be considered."
SECTION 8. Article 9, Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-800. Before December second of each year, the Governing Board of the Facility shall file the Facility recoupment charges calculated pursuant to Section 38-37-795 with the Commissioner. The Commissioner shall then hold a public hearing subject to the provisions of the Administrative Procedures Act to determine if the Facility recoupment charges were calculated in accordance with the provisions of Section 38-37-795. The Facility recoupment charges must be approved if it is determined that they were properly calculated. If it is determined that the Facility recoupment charges were improperly calculated, the Commissioner shall then establish the appropriate charges; provided, that the provisions of the Administrative Procedures Act apply to any court appeal brought thereunder and the charges approved by the Commissioner may be put into effect under bond in a similar manner that a public utility may put a proposed rate increase into effect under bond as provided by law.
SECTION 9. Article 9, Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-810. The Facility recoupment charges approved or established pursuant to Section 38-37-800 must be added to the approved base rate and objective standards rate in effect for each automobile insurer. The combined rate or premium charge is effective on July first of each year and the recoupment charges must remain constant until July first of the following year. The base rate and objective standard rate may change in accordance with Section 38-37-785 and the other applicable requirements of this title pertaining to the approval of rates or premium charges. Facility recoupment charges must be considered in accordance with the following:
(1) Any recoupment charge paid by policyholders must be considered premium for the purpose of calculating premium taxes and commissions and is subject to normal policy cancellation procedures.
(2) any net operating gains resulting from the operation of the Facility must be retained by the Facility, and the gains, and any investment income derived from the gains must be used to offset future operating losses.
(3) The total funds recouped by all insurers less commission and premium tax expenses and time value of money considerations must be paid to the Reinsurance Facility in accordance with the Plan of Operation. The governing board shall redistribute the funds to the insurers based upon each insurer's share of the Reinsurance Facility losses. Recoupment must be used solely for the purpose of recovering past Facility operating deficits. The Plan of Operation must provide that the amount ultimately received by an individual company is not more than the company's share of the Reinsurance Facility losses, plus the time value of money.
(4) In the making and approval of rates for small commercial automobile risks, as defined in Section 38-37-10, consideration must be given to the net gains or losses incurred by insurers as a result of participation in the operating results and expenses, respectively, of the Facility."
SECTION 10. Article 11, Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-935. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to any insured or qualified applicant who requests such coverage.
Collision coverage must have a mandatory deductible of fifty dollars, but an insured or qualified applicant, at his option may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages may not be subject to any mandatory deductible, but an insured, at his option may select a deductible of from fifty to one thousand dollars in appropriate increments. It is an unfair trade practice, as described in Sections 38-55-30 and 38-55-40, for an insurer or an agent to sell collision insurance with a fifty dollar deductible or comprehensive coverage or fire, theft, and combined additional coverages without a deductible unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner.
(B) Notwithstanding subsection (A) and Sections 38-37-310 and 38-37-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 56-11-250 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-37-930 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses.
(C) Notwithstanding Section 38-37-310, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-37-930(A) which existed prior to the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the Facility.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-37-785 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-37-785. No policy of automobile insurance which includes physical damage insurance coverages offered to an applicant or existing policyholder pursuant to this paragraph may be ceded to the Facility."
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 entities;
(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. When dealing with the agents of the Company, which are licensed to sell automobile insurance, the Company may not use any of the business placed in the facility in determining the profitability of that agent's business. Further, the Company shall not ask any agent not to write any kind of automobile business or hold the facility business against any agent in any manner which could by construed on being detrimental to the agent.
SECTION 19. Section 56-11-190 of the 1976 Code is amended to read:
"Section 56-11-190. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-11-200 with respect to each such motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration shall may be issued or transferred to an owner by the Chief Highway Commissioner Executive Director unless the owner or prospective owner produces satisfactory evidence that such the security is in effect, including the name of the owner's automobile liability insurer, the name of the agent, the identification number of the insurance policy, and the effective dates of the policy, except in cases where other security is approved."
SECTION 20. The first sentence of Section 56-11-250 of the 1976 Code is amended to read:
"Notwithstanding the definition of 'insured' in Article 7 of Chapter 9, the insurer and any named insured may must, by the terms of a written amendatory endorsement, the form of which has been approved by the Chief Insurance Commissioner, agree that coverage under such a policy of liability insurance shall not apply while the motor vehicle is being operated by a natural person designated by name."
SECTION 21. Section 56-9-810 of the 1976 Code is amended by adding:
"(5) 'Underinsured motor vehicle' means a motor vehicle as to which there is bodily injury liability insurance or a bond applicable at the time of the accident in an amount of at least that specified in Section 56-9-820 and the amount of the insurance or bond:
(a) is less than the limit for underinsured motorist coverage under the insured's policy; or
(b) has been reduced by payments to persons, other than an insured, injured in the accident to an amount less than the limit for underinsured motorist coverage under the insured's policy."
SECTION 22. Section 56-9-831 of the 1976 Code, as added by Act 569 of 1978, is amended to read:
"Section 56-9-831. Automobile insurance carriers shall offer, at the option of the insured, uninsured motorist coverage up to the limits of the insured's liability coverage ln addition to the mandatory coverage prescribed by Section 56-9-830. Such carriers shall also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured liability coverage to provide coverage in the event that damages are sustained in excess of the liability limits carried by an at fault insured or underinsured motorist. If, however, an insured or named insured is protected by uninsured or underinsured motorist coverage in excess of the basic limits, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. If none of the insured's or named insured's vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with the excess or underinsured coverage. Coverage on any other vehicles shall not be added to that coverage. Benefits paid pursuant to this section shall be are not subject to subrogation and assignment."
SECTION 23. The second paragraph of Section 38-37-950 of the 1976 Code is amended to read:
"A prima facie case of excessive or unreasonable utilization shall be established upon a showing that an automobile insurance insurer or a group of such insurers under the same management has ceded or is about to cede more than thirty-five forty percent of total direct written premiums on South Carolina automobile insurance as reported in the most recently filed annual statement(s) of such insurer or group."
SECTION 24. Chapter 1 of Title 38 of the 1976 Code is amended by adding:
"Section 38-1-140. (A) In considering any rate filing or in reviewing any rate in effect for automobile insurance, or upon complaint or petition by the Consumer Advocate, or any other interested party, the Chief Insurance Commissioner if the petition for review is granted shall review the previous three years experience with the rate being reviewed, or as much of the period as is available. If the insurer has realized an unfairly discriminatory, excessive, or unreasonable profit, in the opinion of the Commissioner, the Commissioner shall order the same removed and require that the individual rate maker, bureau or insurer to promulgate a rate which is not unfairly discriminatory, excessive, or unreasonable profit, in the opinion of the Commissioner, the Commissioner shall order the same removed and require that the individual rate maker, bureau or insurer to promulgate a rate which is not unfairly discriminatory, excessive, or unreasonable and order a pro rata rebate of any unfairly discriminatory, excessive, or unreasonable amount charged together with interest at the rate of twelve percent per annum either in the form of a cash refund or as a credit toward the future premiums. The Commissioner shall rescind the order of rebate only upon a showing that compliance would cause an insolvency.
(B) In making the determination that a rate is unfairly discriminatory, excessive, or unreasonable, the Insurance Department shall, in accordance with generally accepted and reasonable actuarial techniques, include consideration of the following factors:
1. Past and prospective loss experience within and without this state.
2. Past and prospective expenses.
3. The degree of competition among insurers for the risk insured.
4. Investment income reasonably expected by the insurer, consistent with the insurer's investment practices, from investable premiums anticipated in the filing, plus any other expected income from currently invested assets representing the amount expected on unearned premium reserves and loss reserves. The Department may promulgate rules utilizing reasonable techniques of actuarial science and economics to specify the manner in which insurers shall calculate investment income attributable to such classes of insurance written in this state and the manner in which such investment income shall be used in the calculation of insurance rates. Such manner shall contemplate allowances for an underwriting profit factor and full consideration of investment income which produce a reasonable rate of return; however, investment income from invested surplus shall be considered.
5. The reasonableness of the judgment reflected in the filing.
6. Dividends, savings, or unabsorbed premium deposits allowed or returned to South Carolina policyholders, members, or subscribers.
7. The adequacy of loss reserves.
8. The cost of reinsurance.
9. Trend factors, including trends in actual losses per insured unit for the insurer making the filing.
10. A reasonable margin for underwriting profit and contingencies.
11. Other relevant factors which impact upon the frequency or severity of claims or upon expenses.
(C) After consideration of the rate factors provided in paragraph (B) a rate may be found by the department to be excessive, unreasonable, or unfairly discriminatory based upon the following standards.
1. Rates shall be deemed excessive if they are likely to produce a profit from South Carolina business that is unreasonably high in relation to the risk involved in the class of business or if expenses are unreasonably high in relation to services rendered.
2. Rates shall be deemed excessive if, among other things, the rate structure established by a stock insurance company provides for replenishment of surpluses from premiums, when the replenishment is attributable to investment losses.
3. Rates shall be deemed inadequate if they are clearly insufficient, together with the investment income attributable to them, to sustain projected losses and expenses in the class of business to which they apply.
4. A rate shall be deemed inadequate as to the premium charged to a risk or group of risks if discounts or credits are allowed which exceed a reasonable reflection of expense savings and reasonably expected loss experience from the risk or group of risks.
5. A rate shall be deemed unfairly discriminatory as a risk or group of risks if the application of premium discounts, credits, or surcharges among such risks does not bear a reasonable relationship to the expected loss and expense experience among the various risks.
(D) In reviewing a rate filing, the department may require the insurer to provide at the insurer's expense all information necessary to evaluate the condition of the company and the reasonableness of the filing according to the criteria enumerated in this section."
SECTION 25. Section 56-9-850 of the 1976 Code is amended to read:
"Section 56-9-850. If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured be is unknown, there shall be is no right of action or recovery under the uninsured motorist provision, unless:
(1) The the insured or someone in his behalf shall have has reported the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence; and unless
(2) The injury or damage was caused by physical contact with the unknown vehicle, and the injury or damage was caused by physical contact with the unknown vehicle. or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle;
(3) The the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident."
SECTION 26. Article 5 of Chapter 37 of Title 38 of the 1976 Code is amended by adding:
"Section 38-37-325. In addition to risk and territorial classification plans promulgated under Section 38-37-320, the Commissioner may promulgate plans to afford credits or discounts to automobile insureds, or he may approve the credit or discount plans filed with him by insurers of automobile insurance. No automobile insurance credit or discount plan may be promulgated or approved by the Commissioner unless: (1) the criteria for determining eligibility for credits or discounts under the plan are objective, clear, and unequivocal; (2) the criteria are based upon factually or statistically supported data; and (3) the credits or discounts provided under the plan will be afforded by the insurer on a nondiscriminatory basis to all insureds who are eligible therefor. If an insurance credit or discount plan is given to an insured pursuant to this section, the policy may not be ceded to the Reinsurance Facility."
SECTION 27. Section 56-11-110 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 injured 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."
SECTION 28. 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 seventy-five thousand dollars of potential cedeable automobile insurance during the twelve months proceeding applications 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 insurer 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 29. 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 30. 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 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."
SECTION 31. 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, except that if the insurer reinstates the agent within thirty days of the determination that the termination was unlawful, then this provision shall not apply: 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 Or 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."
SECTION 32. Article 7, Chapter 9, Title 38 of the 1976 Code is amended by adding:
"Section 38-9-890. 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."
SECTION 33. 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."
SECTION 34. 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.
/s/ Edward E. Saleeby /s/ David H. Wilkins /s/ Glenn F. McConnell /s/ Robert B. Brown /s/ Herbert U. Fielding /s/ John D. Bradley, III On Part of the Senate On Part of the House
Rep. WILKINS explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The General Assembly, Columbia, S. C. June 3, 1987
The COMMITTEE ON CONFERENCE, to whom was referred H. 2555:
H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
Beg leave to report that they have duly and carefully considered the same and recommend that the Bill do pass in its entirety as last amended by the Senate.
Amend title to conform.
/s/ Isadore E. Lourie /s/ Michael L. Fair Chairman Vice-Chairman /s/ Nell W. Smith /s/ James C. Johnson /s/ Joe Wilson /s/ Harriet H. Keyserling On Part of the Senate On Part of the House
[2555-1]
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 7, 1987
H. 2555
S. Printed 5/7/87--S.
Read the first time April 28, 1987.
[2555-2]
TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5 of Chapter 1 of Title 59 of the 1976 Code is amended by adding:
"Section 59-1-405. No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. FAIR explained the Conference Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Rep. WASHINGTON moved to continue the Bill.
Rep. LOCKEMY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Elliott Gregory Johnson, J.C. Kirsh McTeer Sheheen Townsend Washington Whipper White
Those who voted in the negative are:
Altman Bailey, G. Baker Barfield Baxley Blackwell Blanding Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Day Derrick Evatt Fair Felder Foster Foxworth Gentry Harris, J. Harris, P. Harvin Haskins Hearn Helmly Hendricks Huff Jones Keyserling Kohn Limehouse Lockemy Mappus Martin, L. McAbee McCain McEachin McGinnis McLeod, E.B. Moss Nesbitt Pearce Pettigrew Phillips, L. Rhoad Rogers, T. Rudnick Sharpe Shelton Simpson Snow Stoddard Taylor Thrailkill Tucker Wells Wilder
So, the House refused to continue the Bill.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4549Y), which was adopted.
Amend the bill, as and if amended, by striking Section 40-63-50 as contained in SECTION 1 and inserting:
/Section 40-63-50. A Person is regarded as a 'Licensed Baccalaureate Social Worker', 'Licensed Master Social Worker', or 'Licensed Independent Social Worker', within the meaning of this chapter, who meets the qualifications and requirements prescribed in this chapter and who is registered and licensed by the Board of Social Work Examiners. It is unlawful for any person who is not qualified and licensed in the manner prescribed in this chapter to represent himself to be a social worker, to use the title 'Licensed Baccalaureate Social Worker', 'Licensed Master Social Worker', or 'Licensed Independent Social Worker', or to use any other title or description intending to convey that he is a professional social worker. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both./
Amend further by striking Section 40-63-60 as contained in SECTION 1 and inserting:
/Section 40-63-60. For the purposes of this chapter, 'social work practice' means service and action to effect changes in human behavior, a person's emotional responses, and the social conditions of individuals, families, groups, organization, and communities. For the purpose of this definition, the practice of social work is guided by special knowledge, acquired through formal professional social work education, of social welfare policies and services, social welfare systems and resources, human development and behavior within the context of the social environment, and methods of bringing about change in individuals, families, groups, communities, and social welfare organizations. Social work practice involves the disciplined application of social work values, principles, and methods. Social work practice includes, but is not restricted to, the following activities:
(1) utilizing professional social work knowledge and methods to conduct a variety of counseling activities and therapeutic approaches, including psychotherapy (excluding the prescribing of medicine), with individuals, families, and groups in order to improve emotional adjustment, enhance psychological and social functioning, or effect behavioral changes;
(2) utilizing professional social work knowledge and methods to explain and interpret the psychological aspects of a situation to individuals, families, or groups;
(3) utilizing professional social work knowledge and methods to explain and provide general assistance, information, and referral services and other supportive services;
(4) utilizing professional social work knowledge and methods to provide resources to meet basic human needs;
(5) utilizing professional social work knowledge and methods to help organizations and communities analyze social problems and human needs in order to plan and provide appropriate social services;
(6) utilizing professional social work knowledge and methods to assist organizations and communities to develop their capacity for general neighborhood or community improvement;
(7) utilizing professional social work knowledge and methods to develop policies, plans, and programs to address social needs and improve social conditions;
(8) utilizing professional social work knowledge and methods to supervise employees engaged in the direct delivery of social services./
Amend further by striking Section 40-63-75 as contained in SECTION 1 and inserting:
/Section 40-63-75. Until one year from the appointment of the board, an applicant for certification and licensure may, in lieu of the requirements established in Section 40-63-70, qualify for licensure by demonstrating to the satisfaction of the board that the applicant is presently practicing social work within the State of South Carolina at the level for which application is made, or is presently practicing social work within the South Carolina Department of Social Services having a minimum of sixty hours or equivalent of college credits and is applying for licensure as a Licensed Baccalaureate Social Worker. Persons licensed under terms of this section remain subject to all requirements of this chapter, excepting those in Section 40-63-70. No current employee or agent of the State employed by or with the State on or before July 1, 1988, who practices social work as defined in this chapter may be denied licensure by the board so long as they remain employed by or with the State, and so long as they comply with all the other requirements of this chapter, excepting those in Section 40-63-70./
Amend further by striking item (3) of Section 40-63-130 as contained in SECTION 1 and inserting:
/(3) members of the clergy and licensed, registered, certified or qualified professionals such as physicians, teachers, nurses, psychologists, and attorneys from practicing their profession and delivering similar services within the scope of their respective practices provided they do not hold themselves out to the public by any title or description as being social workers as defined under this section;/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOCKEMY explained the amendment.
Rep. WASHINGTON moved to table the amendment.
Rep. BLANDING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Ferguson Gregory Kirsh Lewis Martin, D. Short Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Baker Barfield Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Felder Foster Foxworth Gentry Harris, J. Harris, P. Harvin Haskins Hawkins Hearn Hendricks Hodges Johnson, J.C. Johnson, J.W. Jones Keyserling Klapman Limehouse Lockemy Mappus Martin, L. Mattos McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Ogburn Pettigrew Petty Phillips, L. Rice Rogers, T. Rudnick Sheheen Shelton Simpson Snow Stoddard Thrailkill Toal Townsend Tucker Wells Wilder Wilkins
So, the House refused to table the amendment.
Reps. GREGORY and WASHINGTON spoke against the amendment.
Rep. WASHINGTON continued speaking.
Rep. LOCKEMY moved immediate cloture on the entire matter and demanded the yeas and nays, which were not ordered.
The motion to invoke immediate cloture was agreed to by a division vote of 35 to 29.
Rep. LEWIS spoke against the amendment.
Rep. GREGORY moved that the House do now adjourn.
Rep. LOCKEMY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Baxley Ferguson Gregory Harris, P. Kay Keyserling Lewis Short Townsend Washington Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Blackwell Blanding Bradley, J. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Fair Felder Foster Foxworth Gentry Harris, J. Haskins Hearn Hendricks Hodges Huff Johnson, J.C. Kirsh Klapman Lockemy Mappus Mattos McAbee McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nettles Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Thrailkill Toal Tucker Wells Wilder Wilkins
So, the House refused to adjourn.
Rep. WHIPPER moved to table the amendment.
Rep. LOCKEMY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 13 to 51.
The question then recurred to the adoption of the amendment, which was agreed to.
Further proceedings were interrupted by a Conference Committee Report, the pending question being consideration of amendments.
Reps. McLELLAN, TOAL and KIRSH made a statement relative to the Free Conference Committee on the General Appropriations Bill, H. 2590.
Rep. J. ROGERS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, McConnell and Fielding of the Committee of Free Conference on the part of the Senate on S. 593:
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 AU INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.
Very respectfully,
President
No. 17
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Senate has sustained the veto by the Governor on R. 170, S. 223, by a vote of ayes: 45, nays: 1.
(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.
Very respectfully,
President
No. 192
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas E. Smith, Jr., Moore and Pope of the Committee of Free Conference on the part of the Senate on H. 2345:
H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.
Very respectfully,
President
No. 18
Received as information.
The following was received.
Columbia, S.C., June 3, 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 H. 2345:
H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.
Very respectfully,
President
No. 14
Received as information.
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. GREGORY moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was not agreed to.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 261:
S. 261 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 40-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REDEFINE TERMS AND ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 40-35-30, RELATING TO THE LICENSING AUTHORITY OF THE BOARD, SO AS TO PROVIDE FOR THE LICENSING OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; AND TO AMEND SECTION 40-35-140, RELATING TO THE LICENSING OF NURSING HOME OPERATORS, SO AS TO PROVIDE FOR THE LICENSING OF OPERATORS OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 199
Received as information.
Rep. WILKINS moved to adjourn debate upon the following message, which was adopted.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2446:
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
Very respectfully,
President
No. 198
The following was received from the Senate.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2700:
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
Very respectfully,
President
No. 197
On motion of Rep. LIMEHOUSE, the House insisted upon its amendments. Whereupon, the Chair appointed Reps. LIMEHOUSE, DAY and G. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 251:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 196
Received as information.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 253:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 195
Received as information.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 177:
S. 177 -- Senator Fielding: A BILL TO AMEND SECTION 44-73-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR BURIAL VAULTS, SO AS TO EXEMPT FROM THE DEPTH REQUIREMENTS VAULTS IN CEMETERIES IN AREAS WITH A WATER TABLE AT LEAST TWO FEET BELOW GROUND LEVEL AND NOT SUBJECT TO SURFACE WATER OR TIDAL FLOODING.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 194
Received as information.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 398:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 193
Received as information.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 823:
S. 823 -- Senator Bryan: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 ARE ELECTED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 200
Received as information.
The following was received.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 824:
S. 824 -- Senator Bryan: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 56 ARE ELECTED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 201
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members Or the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2941:
H. 2941 -- Rep. Townsend: A BILL TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS BY FARMERS AGAINST SEED DEALERS FOR FAILURE OF SEED TO PERFORM AS LABELED, SO AS TO PROVIDE THAT THE REQUIREMENTS FOR FILING A COMPLAINT MUST BE ATTACHED TO THE ANALYSIS LABEL ON THE PACKAGE CONTAINING THE SEED, OR POSTED IN A PROMINENT LOCATION ON THE PREMISES OF THE SEED DEALER'S PLACE OF BUSINESS, AT THE TIME OF PURCHASE BY THE FARMER, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO FURNISH TO A SEED DEALER, UPON REQUEST, THE REQUISITE NOTICE FOR POSTING PURPOSES REGARDING THE REQUIREMENTS FOR FILING A COMPLAINT, ALLOW THE DEPARTMENT TO CHARGE A CERTAIN FEE FOR EACH NOTICE REQUESTED, REQUIRE THE DEPARTMENT TO PREPARE THE NOTICE USED FOR POSTING PURPOSES, SO THAT THE NOTICE USED IS UNIFORM THROUGHOUT THE STATE, AND PROVIDE THAT THE ONLY NOTICE WHICH MAY BE USED FOR POSTING PURPOSES IS THAT FURNISHED BY THE DEPARTMENT.
and asks for a Committee of Conference and has appointed Senators McGill, Peeler and Patterson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 6
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it insists upon its amendments to H. 2941:
H. 2941 -- Rep. Townsend: A BILL TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS BY FARMERS AGAINST SEED DEALERS FOR FAILURE OF SEED TO PERFORM AS LABELED, SO AS TO PROVIDE THAT THE REQUIREMENTS FOR FILING A COMPLAINT MUST BE ATTACHED TO THE ANALYSIS LABEL ON THE PACKAGE CONTAINING THE SEED, OR POSTED IN A PROMINENT LOCATION ON THE PREMISES OF THE SEED DEALER'S PLACE OF BUSINESS, AT THE TIME OF PURCHASE BY THE FARMER, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO FURNISH TO A SEED DEALER, UPON REQUEST, THE REQUISITE NOTICE FOR POSTING PURPOSES REGARDING THE REQUIREMENTS FOR FILING A COMPLAINT, ALLOW THE DEPARTMENT TO CHARGE A CERTAIN FEE FOR EACH NOTICE REQUESTED, REQUIRE THE DEPARTMENT TO PREPARE THE NOTICE USED FOR POSTING PURPOSES SO THAT THE NOTICE USED IS UNIFORM THROUGHOUT THE STATE, AND PROVIDE THAT THE ONLY NOTICE WHICH MAY BE USED FOR POSTING PURPOSES IS THAT FURNISHED BY THE DEPARTMENT.
Very respectfully,
President
No. 7
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments on H. 2941:
H. 2941 -- Rep. Townsend: A BILL TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS BY FARMERS AGAINST SEED DEALERS FOR FAILURE OF SEED TO PERFORM AS LABELED, SO AS TO PROVIDE THAT THE REQUIREMENTS FOR FILING A COMPLAINT MUST BE ATTACHED TO THE ANALYSIS LABEL ON THE PACKAGE CONTAINING THE SEED, OR POSTED IN A PROMINENT LOCATION ON THE PREMISES OF THE SEED DEALER'S PLACE OF BUSINESS, AT THE TIME OF PURCHASE BY THE FARMER, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO FURNISH TO A SEED DEALER, UPON REQUEST, THE REQUISITE NOTICE FOR POSTING PURPOSES REGARDING THE REQUIREMENTS FOR FILING A COMPLAINT, ALLOW THE DEPARTMENT TO CHARGE A CERTAIN FEE FOR EACH NOTICE REQUESTED, REQUIRE THE DEPARTMENT TO PREPARE THE NOTICE USED FOR POSTING PURPOSES SO THAT THE NOTICE USED IS UNIFORM THROUGHOUT THE STATE, AND PROVIDE THAT THE ONLY NOTICE WHICH MAY BE USED FOR POSTING PURPOSES IS THAT FURNISHED BY THE DEPARTMENT.
Very respectfully,
President
Received as information.
A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
The Senate returned to the House with amendments the following:
S. 135 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas E. Smith, Jr., McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell W. Smith, Lourie, Applegate, Drummond, Land, Powell and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH SHALL REGULATE THE EXPENDITURE OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, AND 59-123-90, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES, AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, AND 59-19-240 RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN, AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.
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.
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
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, RELATING 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.
Reps. WILKINS and LIMEHOUSE 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 Senate amendments to the following Bill were taken up for consideration.
H. 2518 -- Rep. Ogburn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS TO PERMIT ASSIGNMENTS TO HOSPITALS, PHYSICIANS, OR OTHER MEDICAL PROVIDERS.
Rep. OGBURN proposed the following Amendment No. 2 (Doc. No. 5809Y).
Amend the bill, as and if amended, p. 2, by striking line 44 and inserting:
/prescribed herein, provided, that assignments may be made to hospitals, physicians, or other medical providers, and provided, further, that no medical provider may require assignment as a condition of treatment."/
Amend title to conform.
Rep. OGBURN explained the amendment.
Rep. J. BRADLEY moved to adjourn debate upon the Senate amendments.
Rep. OGBURN moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate on the Senate amendments, which was agreed to.
The following was introduced:
H. 3245 -- Reps. Dangerfield, Aydlette, J. Bradley, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A HOUSE RESOLUTION TO EXPRESS SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF PAUL ALOYSIUS MONSERRAT OF JAMES ISLAND, CHARLESTON COUNTY, UPON HIS DEATH.
The Resolution was adopted.
On motion of Rep. DAY, with unanimous consent, the following was taken up for immediate consideration:
S. 811 -- Senator Wilson: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE AND HOUSE CHAMBERS NOVEMBER 4 THROUGH NOVEMBER 8, 1987, FOR ITS ANNUAL MEETING.
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina State Student Legislature is authorized to use the chambers of the Senate and House of Representatives November 4 through November 8, 1987, for its annual meeting. If either House is in statewide session the chambers of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as considered necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for the use of these chambers.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the following message, which was agreed to.
Columbia, S. C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2446:
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
Very respectfully,
President
No. 198
On motion of Rep. WILKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILKINS, J.W. JOHNSON and NETTLES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate sent to the House the following:
S. 848 -- Senators Mitchell, J. Verne Smith, Bryan, Thomas, Stilwell, Applegate, Branton, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, Nell W. Smith, Thomas E. Smith, Jr., Waddell, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE ACADEMIC TEAM OF CAROLINA HIGH SCHOOL OF GREENVILLE COUNTY UPON TAKING FIRST PLACE IN THE NATIONAL QUIZ BOWL TOURNAMENT OF CHAMPIONS AT LAKE FOREST COLLEGE IN CHICAGO.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3246 -- Rep. Washington: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES TO MRS. LYDIA P. JONES OF CHARLESTON COUNTY UPON THE OCCASION OF HER RETIREMENT FROM THE SOUTH CAROLINA PUBLIC SCHOOL SYSTEM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3247 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COACH J. P. HARRISON AND HIS BAPTIST HILL HIGH SCHOOL BOYS' BASKETBALL TEAM OF YONGES ISLAND, CHARLESTON COUNTY, FOR COMPLETING AN OUTSTANDING SEASON BY CAPTURING THE 7-AA TOURNAMENT CHAMPIONSHIP FOR 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3248 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COACH BELTON SANDERS AND HIS COUNTRY DAY SCHOOL BOYS' BASEBALL TEAM OF HOLLYWOOD, CHARLESTON COUNTY, FOR COMPLETING AN OUTSTANDING SEASON BY CAPTURING THE 1987 CLASS A STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3249 -- Reps. Taylor, Limehouse, Aydlette, Foxworth, Winstead, Klapman, Thrailkill, Hearn, M.D. Burriss, McCain, Davenport, Baker, Wells, J. Brown, McGinnis and Cork: A BILL TO PROVIDE FOR THE TERMINATION OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AS A BODY CORPORATE AND POLITIC IN THIS STATE, THE ENDING OF THE TERMS OF ALL MEMBERS OF THE AUTHORITY'S GOVERNING BOARD OF DIRECTORS, AND THE TERMINATION OF THE ADVISORY BOARD TO THE AUTHORITY; TO PROVIDE FOR THE SALE OF THE PROPERTY AND ASSETS OF THE AUTHORITY, PROVIDE FOR THE DISBURSEMENT OF THE PROCEEDS FROM THE SALE, AND PROVIDE FOR RELATED MATTERS CONCERNING THE DISMANTLING OF THE AUTHORITY; TO AMEND SECTION 5-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING MUNICIPALITIES TO PERFORM FUNCTIONS AND FURNISH SERVICES AND RELATING FURTHER TO CHARGES AND FINANCING; SECTION 8-17-370, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE; SECTION 10-9-10, RELATING TO LEASE OF GAS, OIL, AND CERTAIN OTHER MINERALS; SECTION 10-9-40, RELATING TO THE CUMULATIVE EFFECT OF THE AUTHORITY CONFERRED BY ARTICLE 1 OF CHAPTER 9 OF TITLE 10; AND SECTION 49-7-80, RELATING TO THE BUSHY PARK AUTHORITY AND THE PROHIBITION ON THE SALE OF ELECTRICITY OR ELECTRIC POWER, SO AS TO DELETE ALL REFERENCES TO THE PUBLIC SERVICE AUTHORITY; AND TO REPEAL ITEM (21) OF SUBSECTION B OF SECTION 12-37-220, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION AND THE PROPERTY LEASED TO AND OPERATED BY THE PUBLIC SERVICE AUTHORITY FOR THE GENERATION OR TRANSMISSION OF ELECTRIC POWER; SECTION 49-7-90, RELATING TO THE BUSHY PARK AUTHORITY AND THE PROVISION THAT NOTHING IN CHAPTER 7 OF TITLE 49 MAY AFFECT THE OPERATION OF THE SANTEE COOPER PROJECT BY THE PUBLIC SERVICE AUTHORITY; SECTION 51-13-250, RELATING TO THE PROVISION THAT NOTHING IN ARTICLE 3 OF CHAPTER 13 OF TITLE 51 MAY AFFECT THE OPERATION OF THE SANTEE-COOPER PROJECT BY THE PUBLIC SERVICE AUTHORITY OR THE POWERS VESTED IN THE AUTHORITY; AND CHAPTER 31 OF TITLE 58, RELATING TO THE PUBLIC SERVICE AUTHORITY.
Referred to Committee on Labor, Commerce and Industry.
H. 3250 -- Reps. Lockemy, Hayes, L. Phillips, McAbee, McKay, C. Bailey and McGinnis: A BILL TO AMEND SECTION 15-78-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD.
Referred to Committee on Judiciary.
H. 3251 -- Reps. J.H. Burriss, Mappus, M.D. Burriss, Klapman, Sharpe, Evatt, Foxworth, Corning, Hearn and Derrick: A BILL TO ESTABLISH A STATE REAPPORTIONMENT COMMISSION CONSISTING OF SEVEN MEMBERS FOR THE PURPOSE OF SUBMITTING REAPPORTIONMENT PLANS TO THE GENERAL ASSEMBLY WHICH COMES INTO EXISTENCE ONLY IF THE GENERAL ASSEMBLY HAS NOT ENACTED REAPPORTIONMENT PLANS BY THE FIRST DAY OF JULY OF THE YEAR FOLLOWING THE YEAR OF THE UNITED STATES CENSUS, AND TO PROVIDE FOR THE SELECTION, QUALIFICATIONS, POWERS, AND DUTIES OF THE COMMISSION AND ITS MEMBERS.
Referred to Committee on Judiciary.
S. 807 -- Senator Hinson: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD FOR THE REGISTERED ELECTORS OF LANCASTER COUNTY RESIDING WITHIN THE GEOGRAPHICAL AREA COMPRISING THE LANCASTER COUNTY SCHOOL DISTRICT ON QUESTIONS CONCERNING THE COMPOSITION OF THE SCHOOL BOARD ORGANIZATION OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE CHIEF ADMINISTRATIVE OFFICER OF THE LANCASTER COUNTY DISTRICT BOARD OF TRUSTEES, AND TO PROVIDE FOR RELATED MATTERS REGARDING THE REFERENDUM.
Without reference.
The Free Conference Report on the following Bill was received.
H. 2590 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1987 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 12-7-1910 OF THE 1976 CODE, RELATING TO THE REQUIREMENT FOR INDIVIDUAL TAXPAYERS TO MAKE DECLARATIONS AND PAY ESTIMATED TAXES, SO AS TO EXTEND THE REQUIREMENT TO TRUSTS AND ESTATES AND TO AMEND SECTIONS 12-11-40 AND 12-13-60, RELATING RESPECTIVELY TO BANK AND SAVINGS AND LOAN ASSOCIATION TAXES, SO AS TO REQUIRE THOSE INSTITUTIONS TO MAKE DECLARATIONS OF ESTIMATED TAX AND MAKE ESTIMATED TAX PAYMENTS; TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSING OF COIN-OPERATED DEVICES OR MACHINES, SO AS TO INCREASE FROM THREE HUNDRED SIXTY-FIVE TO SIX HUNDRED DOLLARS THE LICENSE ON ANY MACHINE OF THE NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO CAME WITH FREE PLAY FEATURE; TO AMEND SECTION 12-21-2726, RELATING TO PROOF OF LICENSES, SO AS TO REQUIRE THE LICENSE TO BE ATTACHED TO A PERMANENT, NONTRANSFERABLE PART OF THE MACHINE WHEN THAT IS THE METHOD TO DETERMINE PROOF OF LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-21-2748, 12-21-2750, AND 12-21-2752, SO AS TO REQUIRE CERTAIN COIN-OPERATED MACHINES OR DEVICES TO HAVE AFFIXED TO THEM IDENTIFICATION OF THE OWNER OR OPERATOR AS A CONDITION PRECEDENT FOR OPERATION, TO PROHIBIT IN ONE LOCATION MORE THAN TEN OF THE NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE AND PROVIDE A PENALTY FOR VIOLATION, AND TO REQUIRE CERTAIN COIN-OPERATED MACHINES OR DEVICES TO HAVE A METER REFLECTING THE NUMBER OF COINS INSERTED, AND TO REQUIRE THE OWNER OR OPERATOR TO MAINTAIN RECORDS RELATING TO LEASE AGREEMENTS AND TO AUTHORIZE THE COMMISSION TO REVIEW THE RECORDS; TO AMEND SECTION 59-20-50 OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT TEACHERS' SALARIES BE MAINTAINED AT THE SOUTHEASTERN AVERAGE, SO AS TO PROVIDE THAT THE CALCULATION FOR SOUTH CAROLINA TEACHERS' BASE SALARIES SHALL INCLUDE ALL LOCAL TEACHER SUPPLEMENTS AND ALL INCENTIVE PAY; TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION; TO PROVIDE THAT ANY UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND IN FISCAL YEAR 1987-88 AND IN SUBSEQUENT FISCAL YEARS MUST BE ALLOCATED TO THE SCHOOL BUILDING AID PROGRAM; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-75 SO AS TO IMPOSE A SIXTY DOLLAR PROCESSING AND HANDLING FEE ON THE TAX RETURNS OF CORPORATIONS AND ORGANIZATIONS TAXED AS CORPORATIONS AND TO ALLOW CORPORATE INCOME TAX PAID AS A CREDIT AGAINST THE FEE; TO AMEND SECTION 11-9-880 OF THE 1976 CODE, RELATING TO THE BOARD OF ECONOMIC ADVISORS' FORECASTS OF ECONOMIC CONDITIONS AND REVENUES, ADJUSTMENTS TO THOSE FORECASTS, REVIEW OF GENERAL FUND REVENUE COLLECTIONS, AND THE BOARD'S REPORT TO THE BUDGET AND CONTROL BOARD, SO AS TO DELETE REQUIREMENTS OF THE REPORT'S CONTENTS, ALLOW REVISED REVENUE FORECASTS AFTER FEBRUARY FIFTEENTH ONLY IN THE CASE OF A FORECAST OF REDUCED REVENUES, AND TO DELETE REQUIREMENTS FOR CONTINUING REVIEW AND COMPARISON BY THE BOARD OF GENERAL FUND COLLECTIONS DURING THE FIRST THREE CALENDAR QUARTERS WITH ITS FORECASTS; TO AMEND SECTION 12-19-70 OF THE 1976 CODE, RELATING TO THE ANNUAL CORPORATION LICENSE FEES, SO AS TO INCREASE THE ANNUAL LICENSE FEE FROM FIVE TO FIFTEEN DOLLARS AND TO RAISE THE MINIMUM ANNUAL FEE FROM FIFTEEN TO TWENTY-FIVE DOLLARS; TO DEFINE 'EARNED SURPLUS'; TO PROVIDE FOR THE CALCULATION OF THE LICENSE FEE; TO PROVIDE THAT THE DEFINITIONS OF 'BANK', 'BANK HOLDING COMPANY', AND A 'SUBSIDIARY' OF A BANK HOLDING COMPANY HAVE THE SAME DEFINITIONS AS IN SECTION 34-24-20, AND SAVINGS AND LOAN 'ASSOCIATION', 'SAVINGS AND LOAN HOLDING COMPANY', AND A 'SUBSIDIARY' OF A SAVINGS AND LOAN ASSOCIATION HAVE THE SAME DEFINITIONS AS SECTION 34-28-300; TO AMEND SECTION 61-9-310, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMITS AND FILING FEES TO SELL BEER OR WINE, SO AS TO INCREASE THE FILING FEE FROM ONE TO TWO HUNDRED DOLLARS AND TO INCREASE THE RETAIL LICENSE FEE FROM ONE HUNDRED TWENTY-FIVE TO TWO HUNDRED DOLLARS; TO AMEND SECTION 12-35-1550 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF SALES TAX REVENUES, SO AS TO REQUIRE ALL MONIES APPROPRIATED FROM THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984 FUND WHICH ARE DISBURSED BY THE STATE DEPARTMENT OF EDUCATION TO BE APPROPRIATED IN ONE DIVISION OF THE STATE EDUCATION DEPARTMENT SECTION OF THE ACTUAL GENERAL APPROPRIATIONS ACT; TO AMEND THE 1976 CODE BY ADDING ARTICLE 39 IN CHAPTER 3 OF TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO PROVIDE FOR COMMEMORATIVE FIFTIETH ANNIVERSARY BIG APPLE AND SHAG MOTOR VEHICLE LICENSE PLATES AND TO PROVIDE A FEE FOR THE PLATE; TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY NOT GENERATE ANY LICENSE FEES TO BE DEPOSITED IN THE STATE GENERAL FUND THROUGH THE ISSUANCE OF LICENSES OR PERMITS FOR ON OR OFF PREMISES CONSUMPTION WHICH AUTHORIZE ALCOHOLIC LIQUOR, BEER, OR WINE TO BE SOLD ON A DRIVE-THROUGH OR CURB SERVICE BASIS; TO AMEND SECTION 9-1-1810 OF THE 1976 CODE, RELATING TO COST OF LIVING ADJUSTMENTS IN BENEFITS PAID TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDEFINE "CONSUMER PRICE INDEX"; TO AMEND SECTION 56-3-3710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSE PLATES BEARING THE SYMBOL OF A COLLEGE OR UNIVERSITY OF THIS STATE, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES WHICH QUALIFY FOR THESE PLATES, AND TO REVISE THE FEES FOR THESE PLATES AND THE REQUIRED DATES OF REVALIDATION; TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-60 SO AS TO ALLOW THE STATE RETIREMENT SYSTEM AND POLITICAL SUBDIVISIONS WHICH ARE EMPLOYERS UNDER THE SYSTEM TO DEVELOP AND IMPLEMENT A FLEXIBLE BENEFITS PLAN AND TO PROVIDE THAT THE PLAN MAY NOT DECREASE CONTRIBUTIONS PAID TO OR BENEFITS PAID BY THE SYSTEM; TO AMEND THE 1976 CODE BY ADDING SECTION 50-13-1936 SO AS TO PROVIDE THAT IN THE EVENT THE FEDERAL GOVERNMENT CEASES TO OPERATE THE WALHALLA FISH HATCHERY, THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY ACCEPT AND MAINTAIN OPERATIONS OF THE FACILITY BY CHARGING A FEE THAT IS SUFFICIENT TO COVER THE COST OF OPERATING THE FACILITY; TO AMEND ARTICLE 1 OF CHAPTER 25 OF TITLE 59 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS FOR SCHOOL TEACHERS, INCLUDING QUALIFICATIONS FOR TEACHING, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO RECEIVED A BACHELOR'S DEGREE PRIOR TO 1982-83 AND HAS COMPLETED ALL REQUIREMENTS FOR INITIAL TEACHER CERTIFICATION, WITH CERTAIN EXCEPTIONS, AND HAD AT LEAST ONE FULL YEAR OF K-12 CLASSROOM TEACHING EXPERIENCE PRIOR TO 1982-83 MAY REQUEST THAT TWO YEARS' TEACHING EXPERIENCE BE USED IN LIEU OF STUDENT TEACHING FOR CERTIFICATION PURPOSES UNDER CERTAIN STATED CONDITIONS; TO AMEND SECTION 12-35-516 OF THE 1976 CODE, RELATING TO MAXIMUM SALES AND USE TAX ON CERTAIN ITEMS, SO AS TO PROVIDE THAT THE LIMIT APPLICABLE TO SALES OF AIRCRAFT APPLIES TO AN UNASSEMBLED AIRCRAFT TO BE ASSEMBLED BY THE PURCHASER BUT DOES NOT APPLY TO ITEMS TO BE ADDED TO THE UNASSEMBLED AIRCRAFT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 18 IN TITLE 27, RELATING TO PROPERTY AND CONVEYANCES, SO AS TO ENACT THE UNIFORM UNCLAIMED PROPERTY ACT (1981); AND TO REPEAL CHAPTER 17 OF TITLE 27, THE UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 48 IN TITLE 59 SO AS TO PROVIDE FOR A SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS; TO AMEND SECTION 59-20-40 OF THE 1976 CODE, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT OF 1977, SO AS TO REVISE THE ORDER OF PRIORITY IN ALLOCATING THE FUNDING OF WEIGHTED PUPIL UNIT INCREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CONFORM THEM TO THE APPROPRIATE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-7-210, RELATING TO THE STATE INCOME TAX RATES AND BRACKETS, SO AS TO DELETE THE TWO PERCENT BRACKET, REVISE THE BRACKETS AND DELETE PROVISIONS MADE OBSOLETE BY CONFORMING STATE INCOME TAX LAWS TO THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-7-230, RELATING TO THE STATE CORPORATE INCOME TAX, SO AS TO REDUCE THE RATE IN PHASES FROM SIX TO FIVE PERCENT; TO AMEND SECTION 12-7-430, AS AMENDED, RELATING TO STATE ADJUSTMENTS TO FEDERAL GROSS, ADJUSTED CROSS, AND TAXABLE INCOME, SO AS TO ADOPT, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1987, THE PROVISIONS OF FEDERAL LAW RELATING TO CITIZENS WORKING ABROAD, AND TO DELETE PROVISIONS RELATING TO ADJUSTMENTS TO BASIS RESULTING FROM THE FORMER FEDERAL INVESTMENT TAX CREDIT; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO LIMIT THE DEDUCTION ALLOWED FOR CERTAIN RETIREMENT BENEFITS OF POLICEMEN AND FIREMEN TO BENEFITS PAID BY COUNTY AND MUNICIPAL RETIREMENT PLANS IN THIS STATE; TO AMEND SECTION 12-7-450, AS AMENDED, RELATING TO SOUTH CAROLINA INCOME TAXATION OF NONRESIDENTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-7-455, AS AMENDED, RELATING TO TRANSITION PROVISIONS FOR PURPOSES OF ACT 101 OF 1985, THE SOUTH CAROLINA INCOME TAX FEDERAL CONFORMING AMENDMENTS OF 1985, SO AS TO CORRECT A DATE FOR PURPOSES OF DEPRECIATION; TO PROVIDE FOR TAXATION OF CERTAIN CAPITAL GAINS OF SUBCHAPTER "S" CORPORATIONS AND TO CONFORM IT TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-7-1510, RELATING TO INCOME TAX RETURN FILING REQUIREMENTS, SO AS TO CONFORM IT TO THE INCOME THRESHOLDS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND CHAPTER 7 OF TITLE 12 OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX, BY ADDING ARTICLE 10, SO AS TO CONSOLIDATE ALL EXISTING INCOME TAX CREDITS INTO THE NEW ARTICLE BY REDESIGNATING SECTIONS 12-7-615, 12-7-616, 12-7-617, 12-7-618, AND 12-7-619 AND 12-7-2410 AS, RESPECTIVELY, SECTIONS 12-7-1215, 12-7-1220, 12-7-1225, 12-7-1230, 12-7-1235, AND 12-7-1240 OF THE 1976 CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1210, SO AS TO PROVIDE FOR A STATE INCOME TAX CREDIT FOR JOINT RETURN FILERS WHO BOTH WORK; TO AMEND SECTION 12-7-2260 RELATING TO RETURNED AND UNCLAIMED REFUND CHECKS, SO AS TO REVISE THE VOIDING PROCEDURE; TO AMEND SECTION 12-9-110, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO ALLOW TAXPAYERS TO CLAIM ADDITIONAL WITHHOLDING EXEMPTIONS; TO AMEND SECTIONS 12-13-20, AS AMENDED, AND 12-13-30, RELATING TO THE SAVINGS AND LOAN ASSOCIATION TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND REDUCE THE TAX RATE FROM EIGHT TO SIX PERCENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-555 SO AS TO PROVIDE THAT THE SALES TAX ON A SALE OF A NEW OR USED AUTOMOBILE IN THIS STATE TO A RESIDENT OF ANOTHER STATE WHO INTENDS TO REGISTER THE VEHICLE IN HIS STATE OF RESIDENCE IS THE TAX THAT WOULD BE DUE ON THE SALE IN THE PURCHASER'S STATE OF RESIDENCE BUT NOT MORE THAN THE SALES TAX THAT WOULD OTHERWISE BE ON THE SALE IN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-815 SO AS TO ALLOW AS A CREDIT AGAINST USE TAX DUE THE AMOUNT OF SALES TAX PAID ON TANGIBLE PERSONAL PROPERTY PURCHASED IN ANOTHER STATE FOR USE IN THIS STATE IF THE STATE OF PURCHASE ALLOWS A SIMILAR CREDIT; TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO DELETE THE EXEMPTION FOR SALES OF VEHICLES PURCHASED IN THIS STATE BY NONRESIDENTS FOR IMMEDIATE USE IN ANOTHER STATE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-45 AND 12-54-55 SO AS TO MAKE IT UNLAWFUL FOR A TAXPAYER TO FURNISH FALSE INFORMATION OR FAIL TO PROVIDE CURRENT INFORMATION TO HIS EMPLOYER FOR THE PURPOSE OF DETERMINING STATE INCOME TAX WITHHOLDING AND TO PROVIDE A PENALTY FOR VIOLATIONS AND TO PROVIDE FOR A PENALTY FOR UNDERPAYMENT OF ESTIMATED TAXES; TO AMEND SECTION 12-54-20 AND 12-54-70, RELATING TO INTEREST ON UNDERPAYMENTS, SO AS TO REVISE THE METHOD OF CALCULATION AND PROVIDE FOR UNDERPAYMENTS ON AMOUNTS PAID WITH TENTATIVE RETURNS; TO AMEND ACT 101 OF 1985, AS AMENDED, THE SOUTH CAROLINA INCOME TAX FEDERAL CONFORMING AMENDMENTS OF 1985, SO AS TO UPDATE REFERENCES TO THOSE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 SPECIFICALLY NOT ADOPTED FOR STATE INCOME TAX PURPOSES; TO AUTHORIZE THE TAX COMMISSION TO REINSTATE FOR GOOD CAUSE SHOWN THE INVENTORY TAX EXEMPTION LOST BY A TAXPAYER FAILING TO MAKE A TIMELY RETURN FOR ACCOUNTING PERIODS ENDING AFTER JANUARY 30, 1986, IF THE TAXPAYER APPLIES FOR REINSTATEMENT BEFORE OCTOBER 1, 1987; AND TO REPEAL SECTIONS 12-7-706, 12-7-707, 12-7-708, AND 12-7-709 RELATING TO RENEWABLE ENERGY TAX CREDIT; TO AMEND SECTION 40-15-50 OF THE 1976 CODE, SO AS TO REMOVE THE ANNUAL LIMITATION ON THE AMOUNT OF PER DIEM PAID TO MEMBERS OF THE STATE BOARD OF DENTISTRY, TO ESTABLISH A SPECIAL ADMINISTRATIVE FUND IN THE STATE TREASURER'S OFFICE FOR THE PAYMENT OF ADMINISTRATIVE COSTS, TO LIMIT THE AMOUNT THAT CAN BE DEPOSITED TO THE FUND TO TWENTY THOUSAND DOLLARS AND TO REQUIRE THE APPROVAL OF THE BUDGET AND CONTROL BOARD ON DISBURSEMENTS FROM THE FUND; TO AMEND SECTION 11-9-15 OF THE 1976 CODE RELATING TO THE PROHIBITION ON THE USE OF STATE FUNDS TO SPONSOR FUNCTIONS AT CLUBS THAT PRACTICE DISCRIMINATION IN MEMBERSHIP POLICY, SO AS TO PROHIBIT REIMBURSEMENT FROM PUBLIC FUNDS EXPENSES INCURRED BY STATE OFFICERS OR EMPLOYEES AT CLUBS OR ESTABLISHMENTS WHICH PRACTICE DISCRIMINATION IN MEMBERSHIP POLICY; TO AMEND SECTION 59-20-40 OF THE 1976 CODE, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT OF 1977, SO AS TO DELETE AN INCENTIVE PAYMENT DISTRIBUTION TO TEACHERS HAVING CLASS 1 OR HIGHER CERTIFICATES; TO AMEND SECTION 44-56-160 OF THE 1976 CODE SO AS TO PROVIDE THAT FUNDS HELD FOR IMPACTED COUNTIES UNDER THE HAZARDOUS WASTE CONTINGENCY FUND SHALL BE DISBURSED QUARTERLY INSTEAD OF ANNUALLY AND TO CREATE THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND PROVIDE A METHOD BY WHICH THE FUND MUST BE FINANCED; TO AMEND SECTION 9-9-40(2) TO PROVIDE THAT SERVICE CREDIT EARNED AS GOVERNOR OR LIEUTENANT GOVERNOR SUBSEQUENT TO SERVICE IN THE GENERAL ASSEMBLY SHALL COUNT TOWARD THE EIGHT YEARS RETIREMENT SERVICE CREDIT; TO AMEND TITLE 48 OF THE 1976 CODE, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 6 SO AS TO CREATE THE WATER POLLUTION REVOLVING FUND AND PROVIDE FOR ITS FUNCTIONS, DUTIES, AND POWERS; AND TO REPEAL CHAPTER 5 OF TITLE 48, RELATING TO FINANCIAL AID FOR SEWAGE TREATMENT PROJECTS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-24-130, SO AS TO INCLUDE THE ADMINISTRATIVE HEAD OF A VOCATIONAL CENTER IN THE DEFINITION OF "PRINCIPAL" FOR PURPOSES OF THE SCHOOL PRINCIPAL INCENTIVE PROGRAM AND THE SCHOOL ADMINISTRATOR EVALUATION PROGRAM; TO AMEND SECTION 8-11-82, 1976 CODE, AS AMENDED, SO AS TO PROVIDE THAT ANY RETIRED MEMBER OF THE GENERAL ASSEMBLY WHO LEAVES OFFICE OR RETIRES AND WHO IS VESTED IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM IS ELIGIBLE FOR THE STATE HEALTH INSURANCE PLAN; TO AMEND SECTIONS 24-23-210 AND 24-23-220 OF THE 1976 CODE, RELATING TO FUNDING COMMUNITY CORRECTIONS PROGRAMS AND THE VICTIM'S COMPENSATION FUND BY ADDITIONAL ASSESSMENTS TO FINES FOR CERTAIN CRIMINAL OFFENSES, SO AS TO INCREASE THE AMOUNT OF THESE ASSESSMENTS, AND TO PROVIDE FOR THE DISPOSITION OF THE ASSESSMENTS; TO AMEND ARTICLE 1 OF CHAPTER 7 OF TITLE 42 OF THE 1976 CODE, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-75 SO AS TO REQUIRE STATE AGENCIES TO PAY WORKER'S COMPENSATION PREMIUMS ACCORDING TO SECTION 42-7-70 AS DETERMINED BY THE STATE WORKERS' COMPENSATION FUND, REQUIRE THE STATE TREASURER TO PAY MONTHLY FROM THE GENERAL FUND TO THE STATE WORKERS' COMPENSATION FUND NECESSARY FUNDS TO COVER OPERATING EXPENSES AND CLAIMS, REQUIRE THE STATE WORKERS' COMPENSATION FUND TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATES'S LIABILITY FOR FOR THE BENEFIT CLAIMS ACTUALLY PAID TO CLAIMANTS WHO ARE EMPLOYEES OF ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE AND WHO ARE ENTITLED TO SUCH PAYMENT UNDER STATE LAW, AND PROVIDE THAT THE AMOUNT CERTIFIED MUST BE REMITTED TO THE STATE WORKER'S COMPENSATION FUND; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416 OF THE 1976 CODE, RELATING RESPECTIVELY TO THE CHECK-OFF CONTRIBUTION TO THE NONGAME WILDLIFE AND NATURAL AREAS PROGRAM AND THE CHILDREN'S TRUST FUND ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO REQUIRE THE CHECK-OFF ON ALL STATE INCOME RETURNS AND TO DELETE THE REFERENCES TO THE SPECIFIC LANGUAGE OF THE CHECK-OFF APPEARING ON THE RETURN; TO AMEND ARTICLE 1, CHAPTER 35, TITLE 12 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX, BY ADDING SECTION 12-35-95 SO AS TO PROVIDE THAT THE TERM "RETAILER" FOR PURPOSES OF THE SALES AND USE TAX ALSO INCLUDES A "NONRESIDENT RETAILER", TO DEFINE A NONRESIDENT RETAILER, AND TO PROVIDE FOR THE MANNER IN WHICH THIS NONRESIDENT RETAILER SHALL COLLECT THE TAX IMPOSED AND BE LICENSED AS A RETAILER AS REQUIRED BY THIS CHAPTER; TO PROVIDE FOR THE CODE COMMISSIONER TO ANNUALLY REPORT TO THE LEGISLATIVE COUNCIL EXPENDITURES FROM APPROVED ACCOUNTS APPROPRIATED TO THE COUNCIL IN THE GENERAL APPROPRIATIONS ACT AND TO PROVIDE THAT THE POSITION OF CODE COMMISSIONER DOES NOT CONSTITUTE AN OFFICE REFERRED TO IN SECTION 2, ARTICLE VI OF THE STATE CONSTITUTION; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT A RETIRED MEMBER WHO RETURNS TO COVERED EMPLOYMENT MAY EARN WITHOUT AFFECTING HIS BENEFITS FROM EIGHT THOUSAND DOLLARS TO EIGHT THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-39-160 OF THE 1976 CODE, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO EXTEND ELIGIBILITY TO A STUDENT PASSING FIVE ACADEMIC COURSES AND WHO MAINTAINED AN OVERALL PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER; TO AMEND SECTION 31, PART II OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, RELATING TO INSURANCE COMPANY LICENSE FEES AND PREMIUM TAXES, SO AS TO REMOVE DIVIDENDS FROM THE COMPUTATION OF TOTAL PREMIUMS FOR PURPOSES OF THE PREMIUM TAX AND TO PROVIDE THAT RETALIATORY PROVISIONS APPLY TO A FOREIGN INSURER TRANSACTING BUSINESS IN THIS STATE REGARDLESS OF WHETHER A SIMILAR SOUTH CAROLINA INSURER IS LICENSED TO TRANSACT BUSINESS IN THE FOREIGN COMPANY'S STATE OF DOMICILE, TO PROVIDE THAT COMPARISONS OF TAXES AND OTHER OBLIGATIONS MUST BE BASED ON AN ITEM-BY-ITEM COMPARISON BETWEEN SOUTH CAROLINA TAXES AND OBLIGATIONS AND SIMILAR TAXES AND OBLIGATIONS OF THE FOREIGN INSURER'S STATE OF DOMICILE, TO PROVIDE THAT MUNICIPAL TAXES AND FEES MAY NOT BE CONSIDERED IN THE COMPARISONS; AND TO AMEND ARTICLE 1, CHAPTER 5 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE COMPANIES BY ADDING SECTION 38-5-220 SO AS TO PROVIDE THAT AN INSURANCE COMPANY EXEMPT FROM FEDERAL INCOME TAX PURSUANT TO SECTION 501(c)(3) OR (4) OF THE INTERNAL REVENUE CODE OF 1986, AND WHICH INSURES ONLY CHURCHES AND THEIR PROPERTY, IS EXEMPT FROM CERTAIN INSURANCE TAX LEVIES; TO AMEND SECTION 23-31-140 OF THE 1976 CODE, RELATING TO THE COMPLETION AND CONTENTS OF AN APPLICATION REQUIRED PRIOR TO THE PURCHASE OF A PISTOL, SO AS TO PROVIDE EXCEPTIONS UNDER WHICH A PERSON IS ALLOWED TO PURCHASE MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND TO PROVIDE THE CONDITIONS UNDER WHICH A LAW ENFORCEMENT AGENCY OR PRIVATE SECURITY COMPANY MAY PURCHASE MORE THAN ONE PISTOL DURING A THIRTY DAY PERIOD; AND TO REPEAL SECTION 23-31-195 RELATING TO A PISTOL COLLECTORS LICENSE WHICH IS ISSUED BY THE STATE LAW ENFORCEMENT DIVISION, AND WHICH PROVIDES FOR A FEE AND QUALIFICATIONS FOR THE LICENSE; TO AMEN SECTION 11-35-40 OF THE 1976 CODE, RELATING TO APPLICATION OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXTEND THE APPLICATION OF THE CODE TO ACTIONS OF FOUNDATIONS OR ELEEMOSYNARY ORGANIZATIONS USING STATE FUNDS FOR CAPITAL IMPROVEMENTS FOR A STATE AGENCY OR INSTITUTION; TO AMEND SECTION 56-3-2010 OF THE 1976 CODE, RELATING TO PERSONALIZED LICENSE PLATES, SO AS TO PROVIDE THAT REGULAR PERSONALIZED PLATES MUST BE ISSUED AS AN ANNUAL LICENSE PLATE ON A STAGGERED MONTHLY BASIS WITH A MONTHLY EXPIRATION STICKER, TO PROVIDE FOR A DECEMBER THIRTY-FIRST EXPIRATION OF LICENSE PLATES ISSUED TO LEGISLATORS AND MEMBERS OF STATE BOARDS AND COMMISSIONS, TO LIMIT BY WEIGHT THOSE TRUCKS ELIGIBLE FOR PERSONALIZED LICENSE PLATES, AND TO AUTHORIZE PERSONALIZED LICENSE PLATES FOR MOTORCYCLES; TO AMEND SECTION 56-3-2020, RELATING TO THE AMOUNT AND DISPOSITION OF THE FEE FOR A PERSONALIZED LICENSE PLATE, SO AS TO REQUIRE A FIFTEEN DOLLAR DEPOSIT FOR PERSONALIZED PLATE ORDERS; AND TO AMEND SECTION 56-3-2030, RELATING TO REGULATIONS AND PROHIBITIONS WITH RESPECT TO PERSONALIZED LICENSE PLATES, SO AS TO DELETE THE ANNUAL DEADLINE FOR APPLICATION; TO AMEND CHAPTER 3 OF TITLE 56 OF THE 1976 CODE RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 22 SO AS TO AUTHORIZE SPECIAL LICENSE PLATES TO BE ISSUED TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO PERMIT VEHICLES COMMONLY KNOWN AS GOLF CARTS TO OPERATE ON SECONDARY HIGHWAYS AND STREETS WITHIN TWO MILES OF THE RESIDENCE OF THE OWNER DURING DAYLING HOURS ONLY UPON ISSUANCE OF A PERMIT AND PAYMENT OF A FEE AND PROOF OF FINANCIAL RESPONSIBILITY; TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY MUST BE PROVIDED A LIST OF EVERY STATE EMPLOYEE WHO RECEIVES ANNUAL GROSS STATE COMPENSATION IN EXCESS OF FIFTY THOUSAND DOLLARS; TO AMEND SECTION 48-23-135 OF THE 1976 CODE, RELATING TO AUTHORIZING THE FORESTRY COMMISSION TO BORROW MONEY, SO AS TO PROVIDE FOR FINANCING ADDITIONAL SEEDLING PRODUCTION FACILITIES, INCREASE THE AUTHORIZED LOAN AMOUNT, AND REVISE THE TERMS OF THE LOAN; TO AMEND THE 1976 CODE BY ADDING SECTION 11-35-5280 SO AS TO PROHIBIT FRAUDULENT PRACTICES IN CONTRACTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IN REGARD TO MINORITY BUSINESS ENTERPRISES; TO AMEND SECTION 12-35-550 OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS, SO AS TO FURTHER DEFINE THE TERMS "MANUFACTURERS" AND "MANUFACTURING" FOR PURPOSES OF SALES TAX EXEMPTIONS PERTAINING TO THE SALE OF CERTAIN FUEL AND TO THE SALE OF ELECTRICITY; TO AMEND SECTION 12-35-710 OF THE 1976 CODE, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO EXEMPT MEALS AND OTHER SPECIAL ITEMS IN PROMOTIONAL TOURIST PACKAGES AND THE RENTAL OF MEETING ROOMS FROM THE DEFINITION OF TRANSIENT ACCOMMODATIONS TO WHICH THE ACCOMMODATIONS TAX APPLIES; TO AMEND SECTION 12-27-430 OF THE 1976 CODE, RELATING TO THE TAX ON FUEL ETHANOL BLENDS, SO AS TO REVISE THE DEFINITION OF FUEL ETHANOL AND TO FURTHER PROVIDE FOR THE QUALIFICATION FOR THE TAX INCENTIVE PROVIDED FOR THEREIN; TO AMEND SECTIONS 40-11-130, 40-11-200, AND 40-11-230, OF THE 1976 CODE, RELATING TO GENERAL OR MECHANICAL CONTRACTORS' LICENSE FEES, PRIME CONTRACTORS' BIDDERS' LICENSE FEES, AND RENEWAL FEES, SO AS TO INCREASE THE FEES.
Rep. FELDER raised the Point of Order that the report of the committee of Free Conference was out of order as it had not been printed in the Journal and explained by the conferees as required by Rule 5.15.
The SPEAKER sustained the Point of Order.
Rep. TOAL moved to waive Rule 5.14.
Rep. TOAL 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. Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Clyborne Cooper Cork Dangerfield Day Edwards Elliott Evatt Faber Fair Ferguson Foster Gentry Harris, J. Harvin Hodges Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Toal Townsend Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Aydlette Baker Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Davenport Derrick Felder Harris, P. Haskins Hearn Klapman Limehouse Mappus McCain McLeod, J.W. Ogburn Pettigrew Thrailkill Tucker
So, having received the necessary two-thirds vote, Rule 5.14 was waived.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Baker Barfield Baxley Bennett Bradley, J. Bradley, P. Brown, G. Brown, R. Burriss, J.H. Carnell Chamblee Clyborne Davenport Derrick Felder Ferguson Gregory Harris, P. Haskins Klapman Limehouse Mappus McCain Ogburn Pearce Pettigrew Rhoad Sharpe Townsend Tucker Washington Whipper White Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Beasley Blackwell Blanding Boan Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Cooper Cork Dangerfield Edwards Elliott Evatt Faber Fair Foster Gentry Harris, J. Harvin Hawkins Hearn Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Taylor Thrailkill Toal Wells Wilder Wilkins
So, the House refused to adjourn.
Rep. LOCKEMY moved to adjourn debate upon the Free Conference Report.
Rep. McLELLAN moved to table the motion, which was agreed to by a division vote of 63 to 24.
Rep. LOCKEMY spoke against the Free Conference Report.
Rep. CARNELL moved to recommit the Free Conference Report to the Free Conference Committee.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted In the affirmative are:
Altman Aydlette Bailey, G. Baker Barfield Baxley Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Davenport Derrick Elliott Fair Felder Ferguson Foster Harris, P. Harvin Haskins Hearn Johnson, J.C. Jones Kay Klapman Limehouse Lockemy Mappus McAbee McCain McElveen McKay Moss Ogburn Pearce Pettigrew Rhoad Rudnick Sharpe Simpson Snow Taylor Thrailkill Townsend Tucker White Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Beasley Blackwell Boan Brown, J. Cork Dangerfield Day Edwards Evatt Faber Gentry Harris, J. Hawkins Hodges Huff Johnson, J.W. Keyserling Kirsh Lewis Martin, D. Martin, L. Mattos McBride McEachin McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Petty Phillips, L. Rice Rogers, J. Rogers, T. Sheheen Shelton Short Toal Washington Wells Whipper Wilder Wilkins
So, the motion to recommit the Free Conference Report to the Free Conference Committee was agreed to.
Rep. CARNELL moved that the House recede until 8:00, which was rejected.
Rep. FELDER moved that the House do now adjourn.
Rep. FERGUSON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FELDER moved that when the House adjourns it adjourn to meet at 10:15 A.M. tomorrow.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Baker Barfield Bradley, J. Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Clyborne Davenport Day Derrick Felder Ferguson Harris, P. Hearn Kay Klapman Mappus McBride McCain Ogburn Pettigrew Petty Rhoad Sharpe Short Thrailkill Tucker Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Chamblee Cooper Cork Dangerfield Edwards Elliott Evatt Faber Fair Foster Gentry Harris, J. Harvin Haskins Hawkins Hodges Johnson, J.C. Johnson, J.W. Keyserling Kirsh Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Snow Taylor Toal Townsend White Wilder
So, the motion was rejected.
Rep. FELDER moved that the House do now adjourn.
Rep. WASHINGTON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. WHITE moved to reconsider the vote whereby the Free Conference Report was recommitted to the Free Conference Committee.
Rep. FELDER moved to table the motion.
Rep. HAWKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Baker Barfield Baxley Bradley, J. Bradley, P. Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Davenport Derrick Elliott Felder Gregory Harris, P. Harvin Haskins Hearn Jones Kay Klapman Limehouse Lockemy Mappus McCain McElveen Moss Ogburn Pearce Pettigrew Sharpe Taylor Thrailkill Tucker Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Chamblee Cooper Cork Dangerfield Day Edwards Evatt Faber Fair Ferguson Foster Gentry Harris, J. Hawkins Hodges Huff Johnson, J.W. Keyserling Kirsh Lewis Martin, D. Martin, L. Mattos McBride McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Toal Townsend Washington Wells Whipper White Wilder Wilkins
So, the House refused to table the motion to reconsider.
Rep. CARNELL moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the motion to reconsider the vote whereby the Free Conference Report was recommitted to the Free Conference Committee.
Rep. TOAL 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. Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, R. Cooper Cork Dangerfield Day Edwards Evatt Faber Fair Ferguson Foster Gentry Harris, J. Harvin Hawkins Hodges Huff Johnson, J.W. Keyserling Kirsh Lewis Martin, D. Martin, L. Mattos McBride McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Toal Townsend Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Aydlette Baker Barfield Bradley, J. Bradley, P. Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Davenport Derrick Elliott Felder Gregory Harris, P. Haskins Hearn Jones Kay Klapman Limehouse Lockemy Mappus McCain McElveen Moss Ogburn Pettigrew Sharpe Taylor Thrailkill Tucker Wells Winstead
So, the motion to reconsider was agreed to.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Carnell Clyborne Cork Davenport Day Felder Harris, P. Haskins Jones Klapman Limehouse Mappus McCain Ogburn Pettigrew Sharpe Taylor Tucker Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, R. Burriss, T.M. Chamblee Cooper Dangerfield Edwards Elliott Evatt Faber Fair Ferguson Foster Gentry Gregory Harris, J. Harvin Hawkins Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Thrailkill Toal Townsend Washington Wells Whipper White Wilder Wilkins
So, the House refused to, adjourn.
Rep. HASKINS moved that when the House adjourns, it adjourn to meet at 9:00 A.M. tomorrow, which was not agreed to.
Rep. FELDER spoke against the Free Conference Report.
Rep. M.O. ALEXANDER moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. J. BRADLEY moved to rescind Rule 3.9, which was agreed to by a division vote of 43 to 40.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Baker Barfield Bradley, J. Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cork Felder Gregory Harris, P. Harvin Haskins Jones Kay Limehouse Mappus Martin, D. McCain McElveen Ogburn Pettigrew Rhoad Sharpe Shelton Simpson Townsend Tucker Whipper Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Chamblee Cooper Dangerfield Davenport Day Edwards Elliott Evatt Faber Fair Ferguson Foster Gentry Hawkins Hearn Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lewis Lockemy Martin, L. Mattos McBride McEachin McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Short Snow Thrailkill Toal Washington Wells Wilder Wilkins
So, the House refused to adjourn.
Rep. J. BRADLEY moved to continue the Report of the Free Conference Committee.
The SPEAKER ruled the motion out of order.
Rep. FELDER continued speaking.
Rep. J. BRADLEY raised the Point of Order that the motion to continue the report was in order in accordance with Rule 8.15.
The SPEAKER overruled the Point of Order.
Rep. J. BRADLEY then raised the Point of Order that, in accordance with Mason's Manual, it was proper to delay consideration of a conference report or to postpone it indefinitely.
The SPEAKER stated that debate may be adjourned until a specific time, or the report may be adopted, tabled or recommitted, therefore he overruled the Point of Order.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FELDER continued speaking.
Rep. TUCKER moved that the House do now adjourn.
Rep. KIRSH raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Baker Bradley, J. Burriss, M.D. Burriss, T.M. Carnell Cork Davenport Day Felder Gregory Haskins Limehouse Mappus McCain McElveen Ogburn Pettigrew Sharpe Tucker Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, R. Clyborne Cooper Dangerfield Edwards Elliott Evatt Faber Foster Gentry Harris, J. Harvin Hearn Hodges Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Martin, D. Martin, L. Mattos McBride McEachin McGinnis McLellan Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Thrailkill Toal Townsend Washington Wells Whipper White Wilder
So, the House refused to adjourn.
Rep. FELDER continued speaking.
Rep. J. ROGERS raised the Point of Order that, under Rule 5.19, the member speaking was only entitled to speak for 10 minutes on the report, as the rule allotting a member to speak for one hour specified that the member speak on the main question of the Bill or Resolution.
The SPEAKER overruled the Point of Order.
Rep. J. ROGERS moved immediate cloture on the entire matter.
Rep. AYDLETTE raised the Point of Order that the motion for immediate cloture on the conference report was out of order as the previous question could only be raised on a Bill or Resolution.
The SPEAKER stated that the House could limit debate on any debatable matter before it, and he overruled the Point of Order.
The question then recurred to the motion to invoke immediate cloture on the entire matter, which was agreed to by a division vote of 50 to 28.
Rep. BAKER spoke against the Free Conference Report.
Rep. KLAPMAN moved that the House recede for 45 minutes.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baker Bradley, J. Bradley, P. Burriss, M.D. Carnell Davenport Haskins Klapman Limehouse Pettigrew Thrailkill Townsend Tucker
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, R. Burriss, T.M. Clyborne Cooper Cork Dangerfield Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Gentry Gregory Harris, J. Hodges Johnson, J.C. Johnson, J.W. Jones Ray Keyserling Kirsh Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McLellan McTeer Moss Neilson Nesbitt Nettles Ogburn Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe, Sheheen Shelton Short Simpson Toal Washington Wells Whipper White Winstead
So, the House refused to recede for 45 minutes.
Reps. LIMEHOUSE, AYDLETTE, WINSTEAD and HASKINS spoke against the Free Conference Report.
Rep. HASKINS moved to adjourn debate upon the Free Conference Report.
Rep. L. PHILLIPS moved to table the motion.
Rep. TOAL 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, K. Baxley Beasley Blackwell Boan Brown, R. Carnell Chamblee Cork Dangerfield Edwards Evatt Faber Ferguson Foster Gentry Harris, J. Hawkins Hodges Johnson, J.W. Kay Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McEachin McGinnis McLellan McTeer Nesbitt Nettles Pearce Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Toal Washington Whipper White
Those who voted in the negative are:
Aydlette Bailey, G. Baker Barfield Bradley, J. Bradley, P. Brown, G. Burriss, M.D. Burriss, T.M. Clyborne Cooper Davenport Day Derrick Elliott Fair Felder Gregory Harris, P. Haskins Hearn Johnson, J.C. Klapman Koon Limehouse Mappus McCain McElveen Moss Neilson Ogburn Pettigrew Petty Sharpe Simpson Thrailkill Townsend Tucker Wells Winstead
So, the motion to table the motion to adjourn debate was agreed to.
Rep. TOWNSEND spoke against the Free Conference Report.
Rep. TOWNSEND continued speaking.
Rep. SHEHEEN spoke in favor of the Free Conference Report.
Rep. BAKER moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, J. Bradley, P. Burriss, M.D. Burriss, T.M. Felder Harris, P. Haskins Koon Limehouse Mappus McCain Pettigrew Thrailkill
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, R. Chamblee Clyborne Cooper Cork Dangerfield Davenport Edwards Elliott Evatt Faber Fair Ferguson Foster Gentry Gregory Harris, J. Harvin Hawkins Hearn Hodges Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Lockemy Martin, D. Martin, L. Mattos McBride McEachin McGinnis McLellan McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Winstead
So, the House refused to adjourn.
The question then recurred to the adoption of the Free Conference Report.
Rep. TOAL 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, K. Barfield Baxley Beasley Boan Brown, H. Chamblee Cooper Cork Dangerfield Edwards Elliott Evatt Faber Foster Gentry Harris, J. Harvin Hawkins Hendricks Hodges Johnson, J.W. Jones Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McGinnis McLellan McTeer Neilson Nesbitt Nettles Pearce Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Toal Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Aydlette Bailey, G. Baker Blackwell Bradley, J. Bradley, P. Brown, G. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Clyborne Davenport Day Fair Felder Ferguson Gregory Harris, P. Haskins Hearn Johnson, J.C. Klapman Koon Limehouse Mappus McCain McEachin McElveen Moss Ogburn Pettigrew Petty Sharpe Thrailkill Townsend Tucker Wells Winstead
So, the Report of the Committee of Free Conference was adopted and a message was ordered sent to the Senate accordingly.
My "no" vote reflects my disagreement with several spending items; including (but not limited to) the USC Performing Arts Center and the AT & T costs; as well as the irresponsible way revenues have been "enhanced."
Rep. DILL BLACKWELL
Rep. NESBITT moved that the House do now adjourn.
Rep. J. BRADLEY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The following was received from the Senate.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 84:
S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.
and asks for a Committee of Conference and has appointed Senators J. Verne Smith, McConnell and Leventis of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 8
Whereupon, the Chair appointed Reps. CARNELL, LOCKEMY and WASHINGTON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 2555:
H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
and the report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 16
Received as information.
The following was received.
Columbia, S.C., June 3, 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. 593:
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.
and the report having been adopted by both Houses, has ordered the Bill enrolled for Ratification.
Very respectfully,
President
No. 15
Received as information.
The Senate returned to the House with amendments the following:
S. 215 -- Senators Lee and Peeler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE SALARY ENTRY LEVEL FOR LAW ENFORCEMENT OFFICERS EMPLOYED BY THE STATE AND ITS POLITICAL SUBDIVISIONS WITH A VIEW TO INCREASING BEGINNING SALARIES IN ORDER TO RECRUIT COMPETENT AND DEDICATED OFFICERS.
Whereas, all the citizens of this State realize that competent and dedicated law enforcement officers are needed by the State and all of its political subdivisions to protect the public safety and welfare; and
Whereas, one of the problems in obtaining superior officers is caused because of the low level of salary paid to them by the State, cities, and counties. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That a committee is created to study the salary entry level, classifications, compensation, benefits, and bonuses for all law enforcement officers employed by the State and its political subdivisions with a view to increasing salaries and benefits in order to recruit and retain competent and dedicated officers. The committee is composed of nine members, three appointed by the Speaker of the House of Representatives from the membership of the House, three appointed by the President of the Senate from the membership of the Senate, and three local elected public officials appointed by the Governor from recommendations submitted by the South Carolina Association of Counties, and the Municipal Association of South Carolina.
The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman and one as vice-chairman and other officers as it may consider desirable. The committee shall meet thereafter upon call of the chairman or a majority of its members. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out the purpose of this resolution. The committee shall make its report and recommendations to the General Assembly during the 1987 session.
The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
The expenses of the legislative members of the committee must be paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees must be paid from funds available in the Governor's Office.
The Legislative Council shall provide legal services as the committee may require in the performance of its duties.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. FERGUSON moved that the House do now adjourn which was adopted.
The Senate sent to the House the following:
S. 856 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS AT LORIS MIDDLE SCHOOL, HORRY COUNTY, ON WINNING SECOND PLACE HONORS IN THE STATEWIDE JUNIOR LEVEL COMPETITION IN THE 1987 SOUTH CAROLINA NATIONAL ENERGY EDUCATION DAY (NEED) PROJECT SPONSORED BY THE SOUTH CAROLINA ENERGY OFFICE AND TO EXTEND BEST WISHES IN THE NATIONAL RECOGNITION CEREMONIES IN WASHINGTON, D. C., IN JUNE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate returned to the House with concurrence the following:
H. 3236 -- Reps. Rudnick, 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, Gordon, Gregory, J. Harris, P. Harris, Harvin, 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, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION COMMENDING JOSEPH J. LIPTON, ASSISTANT DIRECTOR OF THE LEGISLATIVE COUNCIL, FOR HIS MANY YEARS OF SUPERB SERVICE TO THE MEMBERS OF THE GENERAL ASSEMBLY AND FOR HIS DEVOTION TO HIS WORK, AND WISHING HIM THE VERY BEST IN ALL HIS ENDEAVORS FOLLOWING HIS RETIREMENT.
H. 3237 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE MOSS TRUCKING COMPANY AND ITS AFFILIATE, McLEOD TRUCKING AND RIGGING COMPANY OF CHARLOTTE, NORTH CAROLINA, AND ITS OFFICERS AND EMPLOYEES FOR THE ECONOMIC AND CIVIC CONTRIBUTIONS THEY HAVE MADE AND CONTINUE TO MAKE TO SOUTH CAROLINA AND ITS CITIZENS AND TO RECOGNIZE THE COMPANY ON THE OCCASION OF ITS SIXTIETH ANNIVERSARY.
H. 3238 -- Reps. Washington, Whipper and D. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIGHT REVEREND JAMES C. WEST ON HIS INSTALLATION AS BISHOP COADJUTOR OF THE CHARLESTON, ATLANTA, AND CHARLOTTE SYNOD OF THE REFORMED EPISCOPAL CHURCH AND TO EXTEND BEST WISHES AS HE ASSUMES HIS NEW RESPONSIBILITIES.
H. 3239 -- Reps. Washington, Whipper, D. Martin, Day, G. Bailey, Kohn and Limehouse: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIGHT REVEREND WILLIAM H.S. JERDAN OF SUMMERVILLE, DORCHESTER COUNTY, ON HIS ELECTION TO THE OFFICE OF PRESIDING BISHOP OF THE REFORMED EPISCOPAL CHURCH IN THE UNITED STATES AND TO EXTEND BEST WISHES AS HE ASSUMES THE MANTLE OF LEADERSHIP OF THE ONE HUNDRED THIRTEEN-YEAR-OLD SPIRITUAL BODY.
H. 3243 -- Reps. Washington, Whipper and D. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIGHT REVEREND SANCO KING REMBERT ON HIS INSTALLATION AS BISHOP OF THE CHARLESTON, ATLANTA, AND CHARLOTTE SYNOD OF THE REFORMED EPISCOPAL CHURCH AND TO EXTEND BEST WISHES AS HE ASSUMES THE SPIRITUAL AND ADMINISTRATIVE RESPONSIBILITIES OF THE SYNOD.
H. 3244 -- Reps. Rudnick, 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, Gordon, Gregory, J. Harris, P. Harris, Harvin, 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, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO APPLAUD MAJOR GENERAL ROBERT B. SOLOMON, RETIRED COMMANDING GENERAL OF FORT JACKSON, FOR HIS DECISION TO REMAIN IN SOUTH CAROLINA AND ESTABLISH HIS HOME IN COLUMBIA.
H. 3246 -- Rep. Washington: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES TO MRS. LYDIA P. JONES OF CHARLESTON COUNTY UPON THE OCCASION OF HER RETIREMENT FROM THE SOUTH CAROLINA PUBLIC SCHOOL SYSTEM.
H. 3247 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COACH J. P. HARRISON AND HIS BAPTIST HILL HIGH SCHOOL BOYS' BASKETBALL TEAM OF YONGES ISLAND, CHARLESTON COUNTY, FOR COMPLETING AN OUTSTANDING SEASON BY CAPTURING THE 7-AA TOURNAMENT CHAMPIONSHIP FOR 1987.
H. 3248 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COACH BELTON SANDERS AND HIS COUNTRY DAY SCHOOL BOYS' BASEBALL TEAM OF HOLLYWOOD, CHARLESTON COUNTY, FOR COMPLETING AN OUTSTANDING SEASON BY CAPTURING THE 1987 CLASS A STATE CHAMPIONSHIP.
At 8:15 P.M. the House in accordance with the motion of Rep. FERGUSON adjourned to meet at 10:00 A.M. tomorrow.
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