Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God in Whom we live and have our very beings, we thank You for this great Nation with its government to assure freedom of speech and freedom of worship. Grant us Your help to eradicate ill will, to check presumptuous judgment, and to correct the errors of the past. Grant to all who serve here a faithfulness to every duty, perseverance in all that is right, and a mind in tune with Your will and wishes. May our every day be so lived that every yesterday may be a dream of happiness and every tomorrow a vision of hope.

In the Name of the Lord Jesus we pray.

Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3662 -- Rep. Baker: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CREATE A NEW PRECINCT TO BE NAMED POSSUM KINGDOM, TO DESIGNATE A VOTING PLACE IN THAT PRECINCT, AND TO CHANGE THE BOUNDARY OF DUNKLIN PRECINCT.

H. 3573 -- Labor, Commerce and Industry Committee: A BILL TO ENACT THE LONG TERM CARE INSURANCE ACT.

H. 2945 -- Reps. Evatt, Beasley, Hayes, McAbee and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 4 TO ARTICLE 3, CHAPTER 7, TITLE 20 SO AS TO CREATE AND PROVIDE FOR A GUARDIAN AD LITEM PROGRAM FOR TRAINING AND SUPERVISION OF VOLUNTEERS SERVING AS COURT APPOINTED SPECIAL ADVOCATES FOR CHILDREN IN ABUSE AND NEGLECT PROCEEDINGS WITHIN THE FAMILY COURT AND TO PROVIDE FOR FUNDING OF THE PROGRAM; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF REPORTS AND RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, CHILD PROTECTIVE SERVICE AGENCIES,- AND THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROVISIONS AUTHORIZING THE REPORTS AND RECORDS TO BE MADE AVAILABLE.

H. 3043 -- Reps. Simpson and Hendricks: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO EIGHT MEMBERS, PROVIDE THAT THE ADDITIONAL MEMBER MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FROM THE STATE AT LARGE FOR A FOUR-YEAR TERM AND MUST BE A MEMBER IN GOOD STANDING OF A LIONS CLUB IN THIS STATE, AND PROVIDE THAT THE GOVERNOR SHALL SELECT THIS ADDITIONAL MEMBER FROM A LIST SUBMITTED BY THE STATEWIDE ORGANIZATION OF LIONS INTERNATIONAL; AND TO PROVIDE FOR THE COMMENCEMENT OF THE INITIAL TERM OF THIS ADDITIONAL MEMBER.

H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.

H. 3391 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO REVISE THE DEFINITIONS; SECTION 38-31-30, RELATING TO APPLICATION OF THE ACT, SO AS TO PROVIDE FOR EXCEPTIONS; SECTION 38-31-40, RELATING TO THE CREATION OF AND MEMBERSHIP IN THE ASSOCIATION, SO AS TO PROVIDE FOR AN ADDITIONAL ACCOUNT; SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE ASSOCIATION, SO AS TO PROVIDE FOR NEW DUTIES; SECTION 38-31-100, RELATING TO EXHAUSTING RIGHTS UNDER OTHER POLICIES AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO PROVIDE FOR A CLAIM UNDER A GOVERNMENTAL INSURANCE OR GUARANTY PROGRAM, CLAIM HELD BY AN INSURER, REINSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION, AND CLAIM AGAINST AN INSURED UNDER A POLICY ISSUED BY AN INSOLVENT INSURER; SECTION 38-31-110, RELATING TO DETECTION AND PREVENTION OF INSURER INSOLVENCIES, SO AS TO REVISE THE DUTIES OF THE ASSOCIATION'S BOARD OF DIRECTORS AND THE INSURANCE COMMISSIONER; SECTION 38-31-150, RELATING TO IMMUNITY FROM LIABILITY FOR ACTION UNDER THIS ACT, SO AS TO PROVIDE FOR IMMUNITY FROM ANY OMISSION; AND SECTION 38-31-160, RELATING TO PROCEEDINGS INVOLVING INSOLVENT INSURERS, SO AS TO PROVIDE FOR EXTENSION OF THE PERIOD OF TIME TO STAY THE PROCEEDINGS; AND TO REPEAL SECTION 38-31-180 RELATING TO CONSTRUCTION OF THE ACT.

H. 3397 -- Reps. J. Bradley, Boan and J.W. McLeod: 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.

H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.

H. 3431 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 15-9-270, AS AMENDED, 15-9-285, AND 38-25-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES AND THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY OFFERED BY AN INSURER NOT LICENSED IN THIS STATE AND THE CONDITIONS UNDER WHICH SERVICE OF PROCESS MUST BE MADE, SO AS TO INCREASE THE FEE FROM FOUR TO TEN DOLLARS WHICH MUST ACCOMPANY THE SUMMONS AND ANY OTHER LEGAL PROCESSES DELIVERED TO THE CHIEF INSURANCE COMMISSIONER BY AN INSURANCE COMPANY AND PROVIDE THAT FIVE DOLLARS OF THIS FEE MUST BE RETAINED BY THE CHIEF INSURANCE COMMISSIONER TO OFFSET HIS COSTS.

H. 3432 -- Reps. J. Bradley, Boan and J.W. McLeod: 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.

H. 3448 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INSURANCE AGENT", SO AS TO DELETE CATEGORIES; AND TO AMEND SECTION 38-43-20, RELATING TO LICENSING REQUIREMENT OF INSURANCE AGENTS, SO AS TO DELETE CATEGORIES OF EMPLOYEES, INCLUDING CLERICAL AGENCY EMPLOYEES, AND TO ALLOW DELAYED LICENSING FOR AGENTS QUALIFIED TO TRANSACT LIFE, HEALTH, OR GROUP INSURANCE WHEN THE AGENT IS NOT SPECIFICALLY LICENSED FOR THE INSURER WHEN THE AGENT PRESENTS THE PROPOSAL.

H. 3450 -- 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 85 SO AS TO REGULATE CONSOLIDATIONS AND MORTGAGE INSURANCE OFFERED, ISSUED, OR DELIVERED IN SOUTH CAROLINA, BY MAIL OR OTHERWISE, IN CONNECTION WITH CONSOLIDATIONS.

H. 3515 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL AND SURPLUS REQUIREMENTS OF STOCK INSURERS, AND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIREMENTS OF MUTUAL INSURERS, SO AS TO INCREASE THE AMOUNT OF THE REQUIREMENTS; AND TO AMEND SECTION 38-9-30, RELATING TO THE INSURERS SUBJECT TO THE REQUIREMENTS, AND SECTION 38-9-50, RELATING TO THE RESTRICTIONS ON INSURERS WHO FAIL TO MEET THE REQUIREMENTS, SO AS TO REVISE THE DATES UPON WHICH THE RESTRICTIONS AND REQUIREMENTS TAKE EFFECT.

H. 3528 -- Reps. Hearn and T.M. Burriss: A BILL TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONSIDERED AGENTS OF INSURERS, SO AS TO PROVIDE THAT CERTAIN FINANCIAL ADVISORS ARE NOT CONSIDERED INSURANCE AGENTS UNDER SPECIFIED CONDITIONS.

H. 3535 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ADMINISTRATOR OF INSURANCE BENEFITS PLANS, SO AS TO EXEMPT THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION AND ANY PERSON WHO ADJUSTS OR SETTLES CLAIMS AS ITS EMPLOYEE OR AGENT.

H. 3297 -- Rep. J. Rogers: A BILL TO AMEND SECTION 58-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OF ELECTRIC UTILITIES WITH THE APPROVAL OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ELECTRIC UTILITIES MAY DISPOSE OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OWNED BY THEM OUTSIDE THIS STATE OR PROPERTY WHICH HAS AN INITIAL COST OF ONE MILLION DOLLARS OR LESS WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.

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. 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.

At 10:25 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 9.

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