Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:25 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, always near enough to hear us when we pray and to answer us when we call, take away the dimness of our faith that we may know fully Your will. Lead us in the paths of righteousness. When we sin, forgive us; when we fail, correct us; when we are right, confirm and strengthen us. And as we work together, keep our hearts aglow in a faith and hope that we may have a part in shaping this State into a better State. Make open our ears to Your teachings and our wills obedient to Your ways that we may enjoy Your divine approval: "Well done, good and faithful servant".
And to You, our Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The question of a quorum was raised.
A quorum was later present.
Adjutant General Eston Marchant was escorted to the podium by Senators Wilson and Branton and Reps. LOCKEMY, McGINNIS, SHARPE and JONES and presented a Resolution.
The Reading Clerk of the House read the following House Resolution.
H. 3611 -- Rep. P. Harris: A HOUSE RESOLUTION TO SET WEDNESDAY, FEBRUARY 3, 1988, AT 12:00 NOON AS THE TIME FOR AN ELECTION OF A NEW MEMBER TO THE ETHICS COMMITTEE FOR THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The SPEAKER announced that nominations were in order for a member of the Ethics Committee.
Rep. WASHINGTON nominated Rep. HOLT as follows:
"Mr. Speaker and Members of the House, it is a pleasure and an honor to nominate an individual to serve on this committee who has served in the House for the last 14 years, who came here with me and with many of you, who worked quietly, an individual who will continue to work for this House, an individual who knows the importance of a good working relationship with, as far as the members of the House are concerned, a person who believes in what the Ethics Committee ought to be doing, an individual who does not need a long introduction or nomination speech. I would like to place in nomination my good friend and colleague from Charleston County, the Honorable Don Holt to serve as a member of the Ethics Committee. Thank you."
Rep. FERGUSON nominated Rep. DAVENPORT as follows:
"Mr. Speaker, ladies and gentlemen, I rise to nominate for a position on the Ethics Committee a member of the Spartanburg Delegation, in the person of Ralph Davenport. In the years that I've been Ralph's seatmate, and I'm satisfied that in the time that you have had to deal with him and come to know him, I feel that you, like myself, have come to respect him as a very sound-thinking, reasonably-minded, fair person. I think these are the types of attributes that we would all like to see displayed by those persons sitting on the Ethics Committee. It's been very rare, and I think it's remarkable that in the time that the Ethics Committee has had the responsibility of making a move under the guidance, the very sound guidance, I might add, of Mr. Pat, as we all know him, Representative Davenport has time and time again taken the time to give these matters sound and thorough thought, even at times when some of us would not even be concerned. I think that displays his willingness and his true concern for seeing to it that we, as legislators, adhere to a very high moral standard, and I think it also evidences his concern and his feelings that the running of this House of Representatives adheres to a high moral standard. And it's in that vein that I would like to nominate Representative Ralph Davenport as a nominee. I respectfully ask that you would join with me in supporting him for that position. I'm satisfied that Representative Davenport would do a very good job in serving us and representing our interests on the House Ethics Committee. Thank you."
On motion of Rep. L. MARTIN, nominations were closed.
On motion of Rep. L. MARTIN, with unanimous consent, the Members of the House voted by electric roll call.
The following named Reps. voted for Rep. HOLT.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Blackwell Blanding Bradley, J. Brown, H. Brown, J. Burch Carnell Chamblee Cooper Dangerfield Day Faber Felder Foxworth Gordon Harris, J. Harris, P. Harvin Hendricks Holt Johnson, J.C. Jones Kay Keyserling Kirsh Kohn Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McEachin McElveen McLellan McLeod, E.B. McTeer Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rudnick Sheheen Shelton Snow Townsend Washington Whipper Wilder Williams Winstead
The following named Reps. voted for Rep. DAVENPORT.
Baker Boan Bradley, P. Burriss, M.D. Burriss, T.M. Clyborne Cole Davenport Edwards Ferguson Foster Gilbert Haskins Hayes Hearn Hodges Huff Humphries Johnson, J.W. Lanford Limehouse McBride McCain McGinnis Moss Neilson Nesbitt Pettigrew Petty Rogers, T. Sharpe Short Simpson Taylor Thrailkill Tucker Waldrop Wells
Total Number of Reps. voting 103
Grand Total 103
Necessary to a choice 52
Of which Rep. HOLT received 65
Of which Rep. DAVENPORT received 38
Whereupon the SPEAKER announced that Rep. HOLT having received a majority of the votes cast was duly elected for the term prescribed by law.
The Reading Clerk of the House read the following House Resolution:
H. 3562 -- Reps. Huff and Wilkins: A HOUSE RESOLUTION TO SET WEDNESDAY, FEBRUARY 3, 1988, IMMEDIATELY AFTER THE ROLL CALL AS THE TIME FOR ELECTING A MEMBER OF THE HOUSE OF REPRESENTATIVES TO THE STATE REORGANIZATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF THE HONORABLE JUANITA M. WHITE FROM THE COMMISSION.
The SPEAKER announced that nominations were in order for a member of the State Reorganization Commission.
Rep. WINSTEAD nominated Rep. AYDLETTE as follows:
"Thank you. Mr. Speaker, ladies and gentlemen, I rise at this moment to nominate for the seat on the Reorganization Commission a gentleman that stands tall in the State House, not only in stature, but in sometimes some of what his outspoken positions are also. I've had the pleasure of serving since 1981 with my deskmate for those number of years, Representative Woody Aydlette. He is one of those unique individuals, as many of you know, that if he makes up his mind and you are able to persuade him to your way of thinking, that, I think we had at one time one of the bills that was referred to as one of the 'pit bull' bills where he grabs hold of it and runs with it. Woody is one of those individuals who has the ability to discern exactly what his position is, and when you get there, you know you have that commitment. I think for this committee which deals with what we get in the House under Mr. Washington and others in the House, I think that Mr. Aydlette would be a welcome addition with his dedication to the House and the work that this House is about. Mr. Speaker, I put in nomination at this time Mr. Woody Aydlette for that position."
On motion of Rep. BLANDING nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the SPEAKER announced that Rep. AYDLETTE was duly elected for the term prescribed by law.
The House stood at ease subJect to the call of Chair.
At 12:05 P.M. the House resumed, the SPEAKER in the Chair.
Rep. ALTMAN, in accordance with Rule 10.1, moved that the Senators who wished to participate in the program during the House Assembly be allowed to do so, which was agreed to.
The Clemson University 1987 National Soccer Championship Team, Coach Ibrahim, and his assistants were presented to the House of Representatives.
Sen. James M. Waddell, Jr. Rep. T. Moffatt Burriss
Sen. T. Ed. Garrison Rep. John J. Snow, Jr.
Sen. Harvey S. Peeler, Jr. Rep. Edward W. Simpson, Jr.
Rep. Milton O. Alexander Rep. Thomas C. Alexander
Rep. D.L. Aydlette, Jr. Rep. George H. Bailey
Rep. Boyd Odell Baker Rep. J. Michael Baxley
Rep. David M. Beasley Rep. L. Edward Bennett
Rep. Philip T. Bradley Rep. John Hay Burriss
Rep. C.D. Chamblee Rep. Roland S. Corning
Rep. Clyde M. Dangerfield Rep. Dick Elliott
Rep. Jackson V. Gregory Rep. B.L. Hendricks, Jr.
Rep. James C. Johnson Rep. Larry A. Martin
Rep. James G. Mattos Rep. Jennings G. McAbee
Rep. H.E. Pearce, Jr. Rep. John W. Pettigrew, Jr.
Rep. Thomas N. Rhoad Rep. Timothy Folk Rogers
Rep. Eugene C. Stoddard Rep. Luther L. Taylor, Jr.
Rep. Benjamin E. Thrailkill Rep. Ronald P. Townsend
Rep. John W. Tucker, Jr. Rep. Dave C. Waldrop, Jr.
Rep. David H. Wilkins
Introductory Remarks The Hon. John J. Snow, Jr.
History of The Hon. T. Moffatt Burriss
Soccer Team
Presentation to The Hon. Edward W. Simpson, Jr.
Coach Ibrahim and
Response
Presentation to The Hon. James C. Johnson
Bruce Murray
Concluding Remarks The Hon. John J. Snow, Jr.
Rep. PEARCE, from the Horry Delegation submitted, a favorable report, on:
S. 1047 -- Senator Long: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN HORRY COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF HORRY COUNTY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments; Rep. J. BRADLEY, for the minority, submitted an unfavorable report, on:
H. 2537 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY THE INTOXICATION OR THE WILFULNESS OF THE EMPLOYEE, SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS UPON THE EMPLOYER TO DEMONSTRATE THAT THE EMPLOYEE WAS INTOXICATED OR WILFULLY INTENDED TO INJURE OR KILL HIMSELF OR ANOTHER, AND PROVIDE THAT, WITH RESPECT TO INTOXICATION, AN INJURED EMPLOYEE MAY RECOVER IF HE CAN DEMONSTRATE THAT HIS INTOXICATION WAS NOT A FACTOR IN CAUSING THE ACCIDENT OR INJURY; AND TO AMEND SECTION 42-9-80, RELATING TO BURDEN OF PROOF UNDER CERTAIN CODE SECTIONS CONCERNING WORKERS' COMPENSATION, SO AS TO DELETE THE REFERENCE TO SECTION 42-9-60.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3451 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 87 SO AS TO PROVIDE FOR THE REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS AUTHORIZED UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, INCLUDING THE PROVISION OF CERTAIN PENALTIES.
Ordered for consideration tomorrow.
On motion of Rep. FOSTER, with unanimous consent, the following was taken up for immediate consideration:
H. 3679 -- Reps. Cooper, Foster, Klapman, Hayes, T.M. Burriss, Kirsh, Helmly, Williams, Nesbitt, Simpson, L. Martin, Hendricks, Kay and McLellan: A CONCURRENT RESOLUTION INVITING COLONEL CHARLES P. MURRAY, (USA-RETIRED), PRESIDENT OF THE CONGRESSIONAL MEDAL OF HONOR SOCIETY, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON, ON THURSDAY, FEBRUARY 11, 1988, AND INVITING SOUTH CAROLINA'S CONGRESSIONAL MEDAL OF HONOR RECIPIENTS TO BE GUESTS OF THE JOINT ASSEMBLY FOR THE OCCASION.
Be it resolved by the House of Representatives, the Senate concurring:
That Colonel Charles P. Murray (USA-Retired) of Columbia, President of the Congressional Medal of Honor Society, is invited to address the General Assembly in joint session in the Hall of the House of Representatives at 12:00 noon, Thursday, February 11, 1988.
Be it further resolved that also invited as guests of the Joint Assembly are recipients of the Congressional Medal of Honor residing in South Carolina as follows: CW2 (Retired) Donald L. Truesdell, Major General (Retired) George L. Mabry, Mr. Francis S. Currey, Mr. Thomas E. Atkins, CWO (Retired) Harold E. Wilson, BMC (Retired) J. Elliott Williams, SFC (Retired) Webster Anderson.
Be it further resolved that a copy of this resolution be forwarded to Colonel Charles P. Murray (USA-Retired) and each invitee.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3680 -- Reps. Koon, J.H. Burriss, Derrick, Felder, Klapman, Sharpe and Sturkie: A CONCURRENT RESOLUTION TO CONGRATULATE THE RAWLS AUTO AUCTION IN LEESVILLE UPON THE OCCASION OF ITS UPCOMING FIFTIETH ANNIVERSARY AND TO RECOGNIZE THIS OUTSTANDING SOUTH CAROLINA BUSINESS AS BEING THE OLDEST AUTO AUCTION IN THE UNITED STATES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3682 -- Reps. Klapman, Derrick, Sharpe and Koon: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. W. WILSON HOWARD OF WEST COLUMBIA, ONE OF LEXINGTON COUNTY'S MOST RESPECTED AND DEVOTED COUPLES, UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3681 -- Rep. Hayes: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. LESLIE SHAW DICKERT OF YORK COUNTY, DISTINGUISHED ROCK HILL LAWYER AND CERTIFIED PUBLIC ACCOUNTANT, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1145 -- Senators Shealy, Horace C. Smith, Williams, Bryan, Waddell, McConnell, Martschink and Giese: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE ACCUMULATED INFORMATION CONCERNING THE USE OF ELECTRONIC SURVEILLANCE IN CONNECTION WITH PROBATION, WORK RELEASE, COURT-ORDERED RELEASE, AND ALTERNATIVE SENTENCING REGARDING NONVIOLENT CRIMES.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 1152 -- Senators Setzler, Garrison, Courson, Wilson, Thomas E. Smith, Jr., Drummond, Hayes, Lee, Pope, Russell, Moore, McLeod, Stilwell, J. Verne Smith, Leatherman, Holland, Hinson, Shealy, Lindsay, Giese, Long, Waddell, Thomas and Branton: A CONCURRENT RESOLUTION TO CREATE A JOINT HOUSE AND SENATE EDUCATION COMMITTEE TO INVESTIGATE THE FEASIBILITY OF OPERATING THE STATE PUBLIC SCHOOL BUS TRANSPORTATION SYSTEM THROUGH THE USE OF PRIVATE CONTRACTORS.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The Senate sent to the House the following:
S. 1153 -- Senators Lourie, Courson, Patterson and Giese: A CONCURRENT RESOLUTION URGING AMTRAK AND CSX TRANSPORTATION, INC., TO TAKE THE NECESSARY STEPS AS QUICKLY AS POSSIBLE TO TERMINATE THE PROPOSAL BY CSX TO DISCONTINUE PASSENGER RAIL SERVICE ALONG THE ROUTE FROM COLUMBIA, SOUTH CAROLINA, TO RALEIGH, NORTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3683 -- Rep. Fair: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE TERM MOPED TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Education and Public Works.
H. 3684 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-605 SO AS TO MAKE IT UNLAWFUL TO HUNT DEER WITH DOGS IN RICHLAND COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 3685 -- Reps. Snow, Altman, Helmly, Gordon and Williams: A BILL TO AMEND SECTION 50-17-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING ON THE SANTEE RIVER, SO AS TO ESTABLISH THE TIMES WHEN NETS MAY BE USED ON THE NORTH AND SOUTH SANTEE RIVERS AND THEIR TRIBUTARIES DURING THE OPEN SEASON FOR THE TAKING OF SHAD.
Referred to Committee on Agriculture and Natural Resources.
H. 3686 -- Reps. Carnell, Townsend, Hearn, Lockemy, Baker, Blackwell, G. Brown, McAbee, Beasley, Pearce, Day, Holt, Foxworth, Sheheen, Elliott, Cooper, Felder, Snow, Waldrop, Altman, Moss, McKay, M.D. Burriss, T.M. Burriss, White, McGinnis, O. Phillips, H. Brown, M.O. Alexander, Stoddard, Rhoad, Mattos, Arthur, Barfield, Limehouse, D. Martin, Washington, Dangerfield and J.W. Johnson: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY STATE AGENCY SETTING A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION, UNLESS THE FEE IS AUTHORIZED BY STATUTORY LAW, SO AS TO PROVIDE THAT THIS PROHIBITION ALSO APPLIES TO INCREASES IN EXISTING FEES.
Referred to Committee on Ways and Means.
H. 3687 -- Reps. Wilkins, Corning, Clyborne, J.W. Johnson, Haskins and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF TRUSTS, BY ADDING SECTION 62-7-211 SO AS TO PROVIDE THAT THE PROBATE COURT MAY, UPON CERTAIN TERMS AND CONDITIONS, DIVIDE A TRUST INTO TWO OR MORE SINGLE TRUSTS OR CONSOLIDATE TWO OR MORE TRUSTS INTO A SINGLE TRUST.
Referred to Committee on Judiciary.
H. 3688 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ESTABLISHMENT OF RATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 918, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3689 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO FILING OF MALPRACTICE INSURANCE CLAIMS WITH CHIEF INSURANCE COMMISSIONER, DESIGNATED AS REGULATION DOCUMENT NUMBER 919, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3690 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO FILING OF CLAIMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 920, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3691 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO BOARD OF DIRECTORS OF ASSOCIATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 921, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3692 -- Rep. McTeer: A BILL TO IMPOSE A TAX ON THE INCINERATION AND DISPOSITION OF INFECTIOUS WASTE EQUAL TO TWENTY-FIVE PERCENT OF THE FEE CHARGED FOR ITS INCINERATION AND DISPOSITION, TO REQUIRE THE TAX REVENUES TO BE CREDITED MONTHLY TO SEPARATE FUNDS MAINTAINED BY THE STATE TREASURER FOR EACH COUNTY IN WHICH THE TAX IS COLLECTED WHICH MAY ONLY BE USED FOR ECONOMIC DEVELOPMENT, RECREATION, AND CULTURAL ACTIVITIES IN THE COUNTY AND RELEASED ONLY WITH THE WRITTEN APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION OF THE AFFECTED COUNTY, AND TO DEFINE "INFECTIOUS WASTE".
Referred to Committee on Ways and Means.
H. 3693 -- Reps. Beasley, J. Rogers, Day, Fair and Foster: A BILL TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT NO MORE THAN TWENTY-FIVE PERCENT OF THE ADMISSIONS GRANTED BY ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY TO FRESHMEN ENTERING IN THE FALL OF 1989 AND EACH FALL THEREAFTER MAY BE TO OUT-OF-STATE RESIDENTS, TO PROVIDE THAT THE ABOVE PROVISION RELATING TO THE LIMITATION ON FRESHMAN ENROLLMENT ALSO APPLIES TO GRADUATE AND PROFESSIONAL SCHOOLS UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT NO MORE THAN TWENTY-FIVE PERCENT OF THE TOTAL STUDENT ENROLLMENT OF ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY EFFECTIVE WITH THE FRESHMAN CLASS ENTERING IN THE FALL OF 1993 MAY BE COMPOSED OF OUT-OF-STATE RESIDENTS.
Referred to Committee on Education and Public Works.
H. 3694 -- Reps. P. Harris, Blackwell, and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44, SO AS TO PROVIDE FOR THE LICENSING, REGULATION, AND INSPECTION OF CONTINUING CARE RETIREMENT COMMUNITIES BY SETTING FORTH RELATED DEFINITIONS; LICENSING, REGULATING, AND INSPECTING REQUIREMENTS; FINANCIAL DUTIES; SANCTIONS FOR NONCOMPLIANCE; THE APPEAL PROCESS; PENALTIES FOR VIOLATIONS; AND THE ESTABLISHMENT OF A CONTINUING CARE RETIREMENT COMMUNITY COMMITTEE; AND TO PROVIDE FOR THE TERMS OF THE INITIAL COMMITTEE MEMBERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3695 -- Reps. T.M. Burriss, Carnell, H. Brown, Edwards, P. Harris, Lewis, McLellan, Winstead, T. Rogers and Klapman: A BILL TO AMEND SECTION 37-1-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIONS FROM THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO FURTHER PROVIDE FOR THE EXCLUSIONS RELATED TO PAWNBROKERS, AND TO AMEND CHAPTER 39, TITLE 40, RELATING TO PAWNBROKERS, SO AS TO REVISE THE MANNER IN WHICH PAWNBROKERS ARE REGULATED, LICENSED, AND REQUIRED TO DO BUSINESS, TO PROVIDE THAT PERSONS PLEDGING GOODS WITH PAWNBROKERS HAVE A CAUSE OF ACTION AGAINST THE PAWNBROKER FOR THE VIOLATION OF CERTAIN PROVISIONS OF THIS CHAPTER, AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry.
H. 3696 -- Reps. Helmly and Carnell: A JOINT RESOLUTION TO AMEND SECTION 40, PART I, ACT 170 OF 1987 (THE GENERAL APPROPRIATIONS ACT), RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO DELETE THE PROVISO THAT ONE MILLION DOLLARS OF THE ADDITIONAL GENERAL FUNDS APPROPRIATED FOR NURSING HOME PROVIDERS AND MATCHING FEDERAL FUNDS MUST BE EXPENDED ON NURSING HOME SERVICE RENDERED IN CERTAIN BEDS AND FACILITIES; AND TO PROVIDE THAT FUNDS BECOMING AVAILABLE AS A RESULT OF THE DELETION OF THE PROVISO MUST BE USED TO PROVIDE MEDICAID SERVICES TO NURSING HOME ELIGIBLE CLIENTS IN THE COMMUNITY LONG TERM CARE PROGRAM FOR FISCAL YEAR 1987-88.
Referred to Committee on Ways and Means.
S. 679 -- Senator Pope: A BILL TO AMEND SECTION 1-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE CERTAIN ADDITIONAL INSURANCE AND TO PROVIDE THAT DOCUMENTARY OR OTHER MATERIAL PREPARED BY OR FOR THE DIVISION OF GENERAL SERVICES IN PROVIDING ANY INSURANCE COVERAGE WHICH IS CONTAINED IN ANY CLAIM FILE IS SUBJECT TO DISCLOSURE TO THE EXTENT REQUIRED BY THE FREEDOM OF INFORMATION ACT ONLY AFTER THE CLAIM IS SETTLED OR FINALLY CONCLUDED BY A COURT OF COMPETENT JURISDICTION.
Referred to Committee on Labor, Commerce and Industry.
S. 888 -- Senator Mitchell: A BILL TO AMEND SECTIONS 16-3-910 AND 16-3-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR TWO DEGREES OF KIDNAPPING AND CONSPIRACY TO KIDNAP, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
S. 922 -- Senator Saleeby: A BILL TO AMEND SECTION 42-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY UNDER THE WORKERS' COMPENSATION LAW FOR CERTAIN INJURIES, SO AS TO INCREASE THE DISABILITY PERIOD FOR THE LOSS OF AN EYE.
Referred to Committee on Labor, Commerce and Industry.
S. 925 -- Senator Williams: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-38-990 IN ORANGEBURG COUNTY.
Referred to Orangeburg Delegation.
S. 1082 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-61-20, 38-71-310, AND 38-71-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF INSURANCE POLICY CONTRACT FORMS GENERALLY BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE STANDARDS FOR FORM APPROVAL, AND TO PROVIDE FOR EXEMPTION FROM FORM APPROVAL.
On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1084 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF AN INDIVIDUAL LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS AND TO AMEND SECTION 38-65-90, RELATING TO THE PROTECTION OF A GROUP LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF LIFE INSURANCE COVERED BY THESE SECTIONS FROM TWENTY-FIVE THOUSAND TO FIFTY THOUSAND DOLLARS AND TO REMOVE THE PROTECTION PROVIDED FOR A MARRIED INDIVIDUAL AND CHILDREN IN THESE SECTIONS WHEN THE POLICY WAS OBTAINED WITH THE INTENT TO DEFRAUD CREDITORS OR THE CREDITOR OR REPRESENTATIVE POSSESSES A VALID ASSIGNMENT OF THE CASH SURRENDER VALUE OF THE POLICY FROM THE POLICYHOLDER ON A SEPARATE FORM.
On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1086 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 87 SO AS TO PROVIDE FOR THE REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS AUTHORIZED UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, INCLUDING THE PROVISION OF CERTAIN PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
S. 1091 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-1-20, 38-9-100, 38-25-540, 38-25-550, 38-45-20, 38-45-30, 38-45-90, 38-45-110, 38-75-710, AND 38-75-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO DEFINE "ADMITTED INSURER", "ELIGIBLE SURPLUS LINES INSURER", "NONADMITTED INSURER", AND "SURPLUS LINES INSURANCE" AND TO REGULATE THEIR USE AND ACTIVITIES, AND TO CHANGE PROVISIONS RELATING TO SECURITY DEPOSITS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-45-160 AND 38-45-170 SO AS TO REGULATE POLICY FEES CHARGED BY BROKERS AND TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF INSURANCE COMMISSIONER AS TRUE AND LAWFUL ATTORNEY FOR SERVICE OF PROCESS FOR ELIGIBLE SURPLUS LINES INSURERS.
On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1092 -- Banking and Insurance Committee: A BILL TO REPEAL SECTION 38-57-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST GROUP PROPERTY, MARINE, CASUALTY, OR SURETY INSURANCE.
On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1094 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO CHANGE THE TIME REQUIRED FOR EXAMINATION OF DOMESTIC INSURANCE COMPANIES FROM THREE YEARS TO FIVE YEARS.
Referred to Committee on Labor, Commerce and Industry.
S. 1095 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 11, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLE INSURANCE, BY ADDING SECTIONS 38-75-905 AND 38-75-920 THROUGH 38-75-1000 SO AS TO REGULATE MORE STRINGENTLY THE TITLE INSURANCE BUSINESS IN THIS STATE.
On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1098 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-69-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF ANNUITY CONTRACTS AND THE EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF CERTAIN ANNUITIES AND ENDOWMENT CONTRACTS, TO AMEND ARTICLE 1, CHAPTER 69, TITLE 38, RELATING TO ANNUITIES BY ADDING SECTION 38-69-30 SO AS TO PROVIDE THAT WHEN THE PROCEEDS OF AN ANNUITY BECOMING A CLAIM BY THE DEATH OF THE INSURED ARE LEFT WITH AN INSURANCE COMPANY UNDER A TRUST OR OTHER AGREEMENT, THE BENEFITS ACCRUING THEREUNDER AFTER THE DEATH OF THE INSURED ARE NOT TRANSFERABLE NOR SUBJECT TO COMPUTATION OR INCUMBRANCE NOR TO LEGAL PROCESS, EXCEPT IN AN ACTION TO RECOVER FOR NECESSARIES IF THE PARTIES TO THE TRUST OR OTHER AGREEMENT SO AGREE, AND TO REPEAL SECTION 38-69-130 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST CERTAIN ANNUITY CONTRACTS.
Referred to Committee on Labor, Commerce and Industry.
S. 1099 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-65-60, 38-65-70, 38-65-210, AND 38-65-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE, SO AS TO PROVIDE FOR CONTINUED COVERAGE DURING AN INSURED'S TOTAL DISABILITY AND DELIVERY OF CERTIFICATES OF INSURANCE TO COVERED DEBTORS, TO REQUIRE ADJUSTMENTS WHEN THE SEX OF AN INSURED IS MISSTATED, TO INCREASE THE LIMITATION ON THE AMOUNT WHICH THE INSURER MAY PAY TO PERSONS WHO INCUR EXPENSE BY REASON OF THE DEATH OF AN INSURED WITH NO NAMED BENEFICIARY FROM FIVE HUNDRED DOLLARS TO TWO THOUSAND DOLLARS AND THE LIMITATION ON THE AMOUNT OF INDIVIDUAL COVERAGE A MEMBER OF A GROUP WHOSE GROUP COVERAGE IS TERMINATED MAY RECEIVE FROM TWO THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE A RESTRICTION ON GROUPS WHICH MAY NOT BE INSURED BY OUT-OF-STATE INSURERS, TO FURTHER DEFINE THE DEPENDENT CHILDREN WHOSE LIVES MAY BE INSURED UNDER GROUP POLICIES AND INCREASE THE LIMIT OF COVERAGE FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, AND TO ELIMINATE A RESTRICTION ON THE AMOUNT OF LIFE INSURANCE COVERAGE A PERSON MAY RECEIVE UNDER A FRANCHISE OR WHOLESALE LIFE INSURANCE PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 38-65-110 SO AS TO PROVIDE FOR THE EXTENSION OF TIME FOR EXERCISING THE RIGHT OF OBTAINING LIFE INSURANCE WITHOUT EVIDENCE OF INSURABILITY WHEN NOTICE OF THE RIGHT HAS NOT BEEN GIVEN AS REQUIRED; AND TO REPEAL SECTION 38-65-80 RELATING TO INAPPLICABILITY OF CHAPTER 65 OF TITLE 38 TO AN ASSOCIATION OF MEMBERS INVOLVED IN ONE HAZARDOUS OCCUPATION.
Referred to Committee on Labor, Commerce and Industry.
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Referred to Committee on Labor, Commerce and Industry.
S. 1101 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INSURANCE LAW; TO AMEND SECTION 38-25-320, RELATING TO THE FINE FOR CONDUCTING UNAUTHORIZED INSURANCE BUSINESS IN THIS STATE, SO AS TO INCREASE THE MAXIMUM FINE FROM TEN TO FIFTY THOUSAND DOLLARS; TO AMEND SECTION 38-5-120, RELATING TO ACTS WHICH RESULT IN THE REVOCATION OR SUSPENSION OF AN INSURER'S CERTIFICATE OF AUTHORITY, SO AS TO INCLUDE FAILURE TO COMPLY WITH A LAWFUL ORDER OF THE COMMISSION; TO AMEND SECTION 38-43-130, RELATING TO THE COMMISSIONER'S AUTHORITY TO REVOKE OR SUSPEND AGENTS' LICENSES, SO AS TO INCREASE FROM ONE TO TWO YEARS THE MAXIMUM PERIOD OF A LICENSE SUSPENSION, AND TO REFERENCE THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; TO AMEND SECTIONS 38-5-130, 38-7-80, 38-13-90, 38-13-150, 38-17-170, 38-25-330, 38-27-420, 38-29-100, 38-31-80, 38-37-930, 38-39-20, 38-39-40, 38-43-130, 38-43-160, 38-43-190, 38-45-140, 38-45-150, 38-47-60, 38-47-70, 38-53-150, 38-53-340, 38-55-40, 38-55-60, 38-55-80, 38-55-340, 38-57-200, 38-59-30, 38-59-50, 38-63-10, 38-63-20, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-71-90, 38-71-220, AND 38-73-80, ALL RELATING TO THE INSURANCE LAW AND CONTAINING SEPARATE PENALTY PROVISIONS, SO AS TO DELETE THE EXISTING PENALTY PROVISIONS AND ADD REFERENCES TO THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; AND TO REPEAL SECTIONS 38-25-340, 38-25-350, 38-37-950, 38-37-960, 38-43-140, 38-43-150, 38-61-60, AND 38-73-100 RELATING TO THE INSURANCE LAW.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 3697 -- Reps. Huff, Rudnick, Jones, Sharpe, Gentry and Pettigrew: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANGELA BROWN BURKHALTER OF AIKEN COUNTY, UPON BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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. Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cooper Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 3, 1988.
Rep. SHORT signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 14, 1988.
Announcement was made that Dr. Chris Hawk, III of Charleston is the Doctor of the Day for the General Assembly.
February 2, 1988
We were both out of the Chamber temporarily on very important matters concerning Lexington County and our constituents. We both supported the legislation and would have voted in the affirmative for passage of House Bill 3512 on second reading had we been present.
Rep. JOHN G. FELDER
House District 93
Rep. PAUL DERRICK
House District 69
Rep. McABEE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3697 -- Reps. Huff, Rudnick, Jones, Sharpe, Gentry and Pettigrew: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANGELA BROWN BURKHALTER OF AIKEN COUNTY, UPON BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 1988.
H. 3682 -- Reps. Klapman, Derrick, Sharpe and Koon: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. W. WILSON HOWARD OF WEST COLUMBIA, ONE OF LEXINGTON COUNTY'S MOST RESPECTED AND DEVOTED COUPLES, UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
H. 3681 -- Rep. Hayes: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. LESLIE SHAW DICKERT OF YORK COUNTY, DISTINGUISHED ROCK HILL LAWYER AND CERTIFIED PUBLIC ACCOUNTANT, UPON HIS DEATH.
H. 3680 -- Reps. Koon, J.H. Burriss, Derrick, Felder, Klapman, Sharpe and Sturkie: A CONCURRENT RESOLUTION TO CONGRATULATE THE RAWLS AUTO AUCTION IN LEESVILLE UPON THE OCCASION OF ITS UPCOMING FIFTIETH ANNIVERSARY AND TO RECOGNIZE THIS OUTSTANDING SOUTH CAROLINA BUSINESS AS BEING THE OLDEST AUTO AUCTION IN THE UNITED STATES.
At 12:45 P.M. the House in accordance with the motion of Rep. McABEE adjourned to meet at 10:00 A.M. tomorrow.
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