South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

FRIDAY, FEBRUARY 12, 1988

Friday, February 12, 1988
(Local Session)

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 Thou Who has made and preserved us "one Nation under God", we thank You for the memory of Abraham Lincoln. We thank Thee for his humble birth, his simple faith, his wise philosophy and his courageous leadership. May the mantle of his wisdom, patience, compassion and firmness encompass us and move us to a higher dedication to service in our time. Keep aglow in us the fires of patriotism and a deep devotion to our God and a great concern for our fellowmen. Help us to labor with all diligence, and reward us with divine approval: "Well done, good and faithful servant".

We pray in the Name of the Master of all workmen, Jesus the Christ.

Amen.

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

SENT TO THE SENATE

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

H. 3423 -- Reps. Elliott, Pearce, Barfield and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2865 SO AS TO ESTABLISH VEREEN MEMORIAL HISTORICAL GARDENS IN HORRY COUNTY AS A WILDLIFE SANCTUARY AND TO PROVIDE A PENALTY FOR VIOLATIONS.

H. 3405 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1250, SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR CORPORATE CONTRIBUTIONS FOR INFRASTRUCTURE CONSTRUCTION OR IMPROVEMENT, TO LIMIT THE CREDIT TO FIFTY PERCENT OF THE EXPENSES, NOT TO EXCEED FIFTEEN THOUSAND DOLLARS, TO ALLOW A THREE-YEAR CARRY FORWARD OF UNUSED CREDIT, AND TO DEFINE INFRASTRUCTURE AS SEWER LINES, WATER LINES, RELATED FACILITIES, AND ROADS NOT FOR THE TAXPAYER'S EXCLUSIVE BENEFIT, BUILT TO APPROPRIATE STANDARDS, AND DEDICATED TO PUBLIC USE.

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.

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.

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.

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.

H. 3737 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DELAY THE SUBMISSION OF ITS RECOMMENDATIONS ON ADDITIONAL CAPITAL IMPROVEMENT BOND AUTHORIZATIONS UNTIL MARCH 15, 1988.

H. 3730 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER SURPLUS FUNDS RESULTING FROM REDUCTIONS IN AUTOMOBILE LIABILITY INSURANCE COSTS TO THE INSURANCE RESERVE FUND AND TO PROVIDE FOR THE USE OF THESE TRANSFERRED FUNDS.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 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.

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.

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.

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.

S. 1076 -- Banking and Insurance Committee: 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.

S. 1089 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

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.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3756 -- Rep. Aydlette: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GOAT ISLAND, INC., IN CHARLESTON COUNTY.

ADJOURNMENT

At 10:15 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 16.

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