Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As on last Friday we thanked You, O Lord, for the contributions to our Nation made by Abraham Lincoln, 90 today we reflect in thankfulness for heritage that we have from the first President of these United States. We thank You for George Washington born more than two hundred years ago who was destined to become one of the world's most effective leaders. We are grateful that he never aspired to be a king or an emperor whose prestige and popularity may have enabled him to be.
And we pray that our government leaders today may have such a spirit of servanthood that they, too, will never be tempted to wield more power than is warranted.
We pray in the Name of our Lord Jesus.
Amen.
After corrections to the Journal of the proceedings of Friday, the SPEAKER Pro Tempore ordered it confirmed.
Students from the S.C. School for the Deaf and Blind in Spartanburg were presented to the House of Representatives by Rep. T.W. EDWARDS.
The students then led the House in the Pledge of Allegiance to the Flag of the United States of America and performed three songs.
The following was received.
Columbia, S.C., February 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has tabled H. 3515:
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.
Very respectfully,
President
No. 3
Received as information.
The following was received.
Columbia, S.C., February 11, 1988
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. 582:
S. 582 -- Senators Shealy, Thomas and Patterson: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO CLARIFY THE REQUIRED AMOUNT OF CLINICAL CONTACT AND SUPERVISED EXPERIENCE FOR A MARITAL AND FAMILY THERAPIST AS TWELVE HUNDRED HOURS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., February 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred in the amendments proposed by the House to S. 131:
S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., February 11, 1988
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. 2573:
H. 2573 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.
Very respectfully,
President
On motion of Rep. BLACKWELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. J.C. JOHNSON, KIRSH and M.O. ALEXANDER 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., February 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 3330, and requests that proper notation be recorded on the Bill.
H. 3330 -- Reps. J. Bradley, Boan and J.W. McLeod: 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 DELETE WILFULNESS AS AN ELEMENT OF A VIOLATION, 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.
Very respectfully,
President
No. 2
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:
H. 3359 -- Reps. Kirsh, McTeer, Elliott and McLellan: a BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-35 SO AS TO ADOPT FOR STATE INCOME TAX PURPOSES THE PROVISIONS OF THE INTERNAL REVENUE CODE INNOCENT SPOUSE RULE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3282 -- Reps. Aydlette, McElveen, Lockemy, H. Brown, Thrailkill, Moss, Winstead, G. Bailey, Haskins, Whipper, Mappus, Kay, Klapman, Townsend, Blackwell, Corning, White, Elliott, Derrick, Koon, Simpson, P. Bradley, Wells, Pettigrew, McAbee, Petty, R. Brown, McGinnis, Nesbitt, Wilder, Ogburn, Day, Cooper, Davenport, Baker, T.C. Alexander, J.C. Johnson, McCain, Clyborne and McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROHIBIT ANY REGULATION PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, COMMITTEE, OR DEPARTMENT FROM BECOMING EFFECTIVE UNLESS APPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY AND TO ALLOW THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE PROMULGATION OF EMERGENCY REGULATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3767 -- Reps. Blanding, Baxley, G. Brown, McElveen and E.B. McLeod: A CONCURRENT RESOLUTION INVITING THE STATE CLASS AAAA CHAMPION SUMTER HIGH SCHOOL GAMECOCK FOOTBALL TEAM AND ITS COACHES TO VISIT AND BE COMMENDED FOR ITS ACCOMPLISHMENTS IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 16, 1988, PRIOR TO THE JOINT ASSEMBLY HONORING THE EASTER SEAL SOCIETY.
Be it resolved by the House of Representatives, the Senate concurring:
That the State Class AAAA Sumter High School Gamecock football team and its coaches are invited to visit and be commended for its accomplishments in the Hall of the House of Representatives on Wednesday, March 16, 1988 prior to the Joint Assembly honoring the Easter Seal Society.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3768 -- Reps. Rhoad, Barfield, G. Brown, G. Bailey, Nettles, Snow, R. Brown, Beasley, J.W. McLeod, McEachin, Williams, Stoddard, Neilson, Helmly, E.B. McLeod, Short, Baxley, Wilder, Koon, Holt, Felder, Tucker, Pearce, Blanding, Chamblee, Harvin, Bennett, Taylor, Elliott, Altman, Waldrop, K. Bailey, P. Bradley and J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE INTERAGENCY COMMITTEE ON SMOKING AND HEALTH TO REFRAIN FROM INTERFERING WITH THE TRADE POLICY OF THE UNITED STATES RELATIVE TO TOBACCO.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1190 -- Senator Martschink: A CONCURRENT RESOLUTION TO CONGRATULATE MR. MIKE ROTUNNO OF MOUNT PLEASANT UPON HIS BEING NAMED DEAN OF PHOTOGRAPHERS BY THE CHICAGO PRESS PHOTOGRAPHERS ON THE OCCASION OF HIS SEVENTIETH ANNIVERSARY IN THE FIELD OF PHOTOGRAPHY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1197 -- Senators Macaulay, Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO COMMEND AND PUBLICLY EXPRESS APPRECIATION TO THE HONORABLE WALTER J. BRISTOW, JR., FOR HIS DISTINGUISHED SERVICE AS A JUDGE OF THE FIFTH JUDICIAL CIRCUIT AND FOR HIS OTHER SERVICE TO THE STATE OF SOUTH CAROLINA IN MANY CAPACITIES, INCLUDING STATE SENATOR, UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1200 -- Senator Martschink: A CONCURRENT RESOLUTION TO CONGRATULATE THE WILD DUNES RESORT ON THE ISLE OF PALMS IN CHARLESTON FOR ITS SUCCESS IN BRINGING THE U.S. CLAY COURT CHAMPIONSHIP TO WILD DUNES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3769 -- Rep. Edwards: A BILL TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL OPERATORS, SO AS TO REDEFINE "OPERATOR", "CERTIFICATE OF REGISTRATION", AND "BOARD", TO DEFINE "PERCOLATION TEST TECHNICIAN" AND "LICENSEE", TO CHANGE THE NAME OF THE SOUTH CAROLINA BOARD OF CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS TO THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD, TO DELETE A PROVISION RELATING TO VACANCIES, TO ELIMINATE LANGUAGE NO LONGER APPLICABLE AND PROVISIONS RELATIVE TO PAYMENT OF EXPENSES AND TRANSFER OF FUNDS, TO DELETE REQUIREMENTS FOR SPECIFIC EDUCATIONAL PROGRAMS, TO PROVIDE FOR REGISTRATION OF PERCOLATION TEST TECHNICIANS AND WELL DRILLERS, TO CHANGE REFERENCES TO OPERATORS TO LICENSEES, AND TO ELIMINATE DUTIES OF THE SECRETARY OF THE BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3770 -- Reps. Ferguson, Aydlette, Waldrop, Blanding, Williams, Faber, K. Bailey, Gilbert, Shelton, D. Martin and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-120 SO AS TO REQUIRE EMPLOYERS WITH MORE THAN FIVE FULL-TIME EMPLOYEES TO GIVE ANY EMPLOYEE TERMINATED PROMPT WRITTEN NOTICE OF THE REASON FOR THE TERMINATION.
Referred to Committee on Judiciary.
H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
Without reference.
H. 3772 -- Reps. Winstead, Aydlette, Felder, J. Bradley and Derrick: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO PROVIDE THAT ONE ADDITIONAL DOOR, NOT AT THE FRONT OF THE STORE, IS ALLOWED AT THE DISCRETION OF THE RETAIL DEALER.
Referred to Committee on Judiciary.
H. 3773 -- Reps. Humphries, Mappus, McElveen, M.D. Burriss, Sturkie, Blackwell, Sharpe, Taylor, Bennett, Foxworth, Gilbert, T.M. Burriss, Cork, Hearn, Wells, Nettles, Haskins, J. Bradley, Washington, Dangerfield, Faber, McBride, K. Bailey, Baxley and Tucker: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST THIRTY THOUSAND DOLLARS BEGINNING WITH THE 1988 TAX YEAR.
Referred to Committee on Ways and Means.
S. 235 -- Senators Mitchell, Giese, Lourie, Patterson, Fielding and Matthews: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 SO AS TO ESTABLISH THE SOUTH CAROLINA INTERAGENCY COUNCIL ON HUNGER AND NUTRITION AND TO PRESCRIBE ITS POWERS AND DUTIES.
Referred to Committee on Ways and Means.
S. 659 -- Senator Giese: A BILL TO AMEND SECTIONS 40-35-40, 40-35-50, 40-35-60, 40-35-70, 40-35-90, 40-35-110, AND 40-35-130, RELATING TO THE PROVISIONS OF LAW REGULATING NURSING HOME ADMINISTRATORS, SO AS TO MAKE CERTAIN CHANGES REGARDING THESE PROVISIONS, INCLUDING INCREASING THE MAXIMUM PENALTIES WHICH MAY BE IMPOSED FOR SERVING AS A NURSING HOME ADMINISTRATOR WITHOUT A LICENSE, REVAMPING THE PROVISIONS ON REVOCATION OR SUSPENSION OF LICENSES AND IMPOSITION OF OTHER DISCIPLINARY ACTION, PROVIDING FOR THE LAPSING OF A LICENSE AND FOR REINSTATEMENT, AND EXEMPTING CERTAIN FINES AND COSTS COLLECTED BY THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS PURSUANT TO SECTION 40-35-133 FROM THE REQUIREMENT OF BEING DEPOSITED IN THE GENERAL FUND; AND TO AMEND CHAPTER 35 OF TITLE 40, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-105, SO AS TO REQUIRE A NURSING HOME ADMINISTRATOR TO POST A NOTICE SETTING FORTH THE MANNER IN WHICH COMPLAINTS MAY BE REPORTED TO THE BOARD, 40-35-131, SO AS TO PROVIDE FOR A PROCEDURE FOR HEARING CHARGES AGAINST A LICENSEE BY THE BOARD OR BY A HEARING OFFICER OR OFFICERS APPOINTED BY THE BOARD, 40-35-132, SO AS TO PROVIDE THAT, UPON A DETERMINATION BY THE BOARD THAT ONE OR MORE OF THE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE OR FOR OTHERWISE DISCIPLINING A LICENSEE EXIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40-35-130, THE BOARD MAY TAKE ANY ONE OR MORE OF A NUMBER OF CERTAIN ACTIONS IN THE WAY OF SANCTIONS REGARDING THE LICENSE OR THE LICENSEE, INCLUDING THE IMPOSITION OF CERTAIN COSTS AND FINES, AND 40-35-133, SO AS TO PROVIDE THAT ALL COSTS AND FINES IMPOSED UNDER CERTAIN PROVISIONS OF SECTION 40-35-132 ARE DUE AND PAYABLE IMMEDIATELY UPON IMPOSITION, PROVIDE THAT INTEREST SHALL ACCRUE ON THE AMOUNT DUE FROM THE DATE IMPOSED UNTIL THE DATE IT IS PAID, REQUIRE THE BOARD TO REMIT ALL AMOUNTS RECEIVED BY WAY OF COSTS AND FINES AND BY WAY OF INTEREST TO THE STATE TREASURER TO BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE BOARD MUST BE REIMBURSED FOR THE ADMINISTRATIVE COSTS OF EACH DISCIPLINARY PROCEEDING, AND PROVIDE THAT, AT ANY TIME THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE STATE'S GENERAL FUND.
Referred to Committee on Ways and Means.
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
On motion of Rep. BEASLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 958 -- Senators Saleeby, McConnell and Pope: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.
Referred to Committee on Judiciary.
S. 1002 -- Senator Macaulay: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY ACQUIRED BY CHARITABLE ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS.
Referred to Committee on Ways and Means.
S. 1008 -- Senator Drummond: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1986, 1987, AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1988.
Referred to Committee on Ways and Means.
S. 1167 -- Medical Affairs Committee: A BILL TO AMEND SECTION 40-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF DENTISTRY, SO AS TO DEFINE PRIMARY PREVENTIVE CARE AND EDUCATION, TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS TO PERFORM SERVICES UNDER THE DIRECTION AND CONTROL OF THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY AND OTHER DUTIES AUTHORIZED BY THE STATE BOARD OF DENTISTRY, AND TO PROVIDE THAT IF A LICENSED DENTIST IS AVAILABLE HE MUST MAKE AN EXAMINATION AND DIAGNOSIS BEFORE A SEALANT IS PLACED ON A TOOTH.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1178 -- Finance Committee: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
Referred to Committee on Ways and Means.
S. 1185 -- Senators Bryan and Mitchell: a BILL TO AMEND ACT 765 OF 1978, AS AMENDED, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN GREENVILLE COUNTY, SO AS TO DELETE A MAGISTRATE FOR EACH OF THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, AND TO PROVIDE FOR ONE FULL-TIME MAGISTRATE FOR THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, DESIGNATED AS THE "PIEDMONT-SOUTH GREENVILLE COUNTY MAGISTRATE'S DISTRICT".
Referred to Greenville Delegation.
S. 1186 -- Senator Waddell: 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.
Referred to Committee on Ways and Means.
S. 1187 -- Senator Waddell: 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.
Referred to Committee on Ways and Means.
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 Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, N. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Faber Fair Felder Ferguson Gilbert Gordon Gregory Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Winstead
I came in after the roll call and was present for the Session on February 16, 1988.
E.D. Foxworth Robert A. Kohn J.T. McElveen, Jr. Jean L. Harris Samuel R. Foster Larry E. Gentry
LEAVE OF ABSENCE
The SPEAKER Pro Tempore granted Rep. WILLIAMS a leave of absence for the day due to illness.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3714 -- Reps. E.B. McLeod and Blanding: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THESE PRECINCTS, AND TO AMEND SECTION 7-7-502, RELATING TO THE VOTING PLACES IN SUMTER COUNTY, SO AS TO REVISE THESE VOTING PLACES.
H. 3402 -- Reps. Wilkins, J.W. Johnson, Fair, H. Brown, Ferguson, Arthur, Tucker and Nettles: A BILL TO AMEND SECTIONS 16-1-10, AS AMENDED, 16-1-20, 16-3-210, 16-3-430, 16-3-730, 16-11-617, 16-5-10, 16-7-170, 16-9-320, 16-11-20, 16-11-125, 16-11-170, 16-11-510, 16-11-520, 16-11-560, 16-11-570, 16-13-110, 16-13-160, 16-13-180, 16-13-190, 16-13-200, 16-13-250, 16-13-260, 16-13-290, 16-13-320, 16-13-385, 16-15-130, 16-15-250, 16-17-410, 16-17-430, 16-21-10, 16-21-40, 16-21-60, 16-21-80, 16-21-130, 16-21-140, 16-23-260, 16-23-440, 17-25-20, AND 17-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES, SO AS TO REDEFINE "FELONY" AND "MISDEMEANOR", TO DESIGNATE NUMEROUS CRIMES STATUTORILY DESIGNATED "MISDEMEANORS" AS "FELONIES", TO ESTABLISH THE PENALTIES FOR CRIMES NOT STATUTORILY DESIGNATED AS FELONIES OR MISDEMEANORS, TO DELETE THE CRIMES UNNECESSARILY LISTED IN SECTION 16-1-10, TO REDUCE THE SENTENCE FOR CONVICTION OF LYNCHING IN THE FIRST DEGREE AND DUELING FROM DEATH TO NOT LESS THAN THREE MONTHS TO NOT MORE THAN THIRTY YEARS, AND TO PROVIDE THAT CONVICTIONS OF CULTIVATION OF MARIJUANA OR RECEIVING STOLEN GOODS ARE FELONIES INSTEAD OF MISDEMEANORS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-3-621 AND 16-13-16 SO AS TO DEFINE THE FELONY OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AND THE FELONY OF GRAND LARCENY; AND TO REPEAL SECTIONS 16-1-15, 16-1-30, 16-3-30, AND 16-3-40 OF THE 1976 CODE, SECTION 6 OF ACT 168 OF 1987, AND SECTION 8 OF ACT 16 OF 1987 RELATING TO CRIMES.
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.
H. 3576 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
H. 3579 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS; AND TO AMEND SECTION 40-36-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSES FOR OCCUPATIONAL THERAPISTS, SO AS TO CHANGE EDUCATIONAL ACCREDITATION REQUIREMENTS.
H. 3520 -- Reps. Rudnick, Taylor, Ferguson, Klapman, Washington, Whipper, McBride, Thrailkill and Lanford: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
H. 3756 -- Rep. Aydlette: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GOAT ISLAND, INC., IN CHARLESTON COUNTY.
The following Bill was taken up.
H. 3733 -- Rep. P. Bradley: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM TO DETERMINE IF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WISH TO GIVE ITS BOARD OF TRUSTEES UNLIMITED TAXING AUTHORITY.
The Bill was read the second time and ordered to third reading.
Rep. WILKINS moved to reconsider the vote whereby the Bill was given a second reading, which was agreed to.
Rep. BLACKWELL moved to adjourn debate upon the Bill until Tuesday, March 1, which was adopted.
The following Bill was taken up.
H. 3396 -- Reps. J. Bradley, Boan and J.W. McLeod: 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.
Rep. J. BRADLEY moved to table the Bill, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Wednesday, February 17, which was adopted.
S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3399 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.
Rep. WILKINS explained the Bill.
H. 2981--OBJECTION WITHDRAWN AND DEBATE ADJOURNED
The following Bill was taken up.
H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: A BILL TO ESTABLISH THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1987 FOR THE PROTECTION OF THE GROUND WATERS OF THE STATE AND TO LEVY AN EXCISE TAX ON MOTOR FUELS TO PROVIDE FUNDING FOR CERTAIN CLEAN-UP FUNCTIONS.
Rep. AYDLETTE, with unanimous consent, withdrew his objection to the Bill.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4779Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The General Assembly finds and declares:
(1) that the preservation of the quality of surface waters and groundwaters of the State of South Carolina is of prime public interest and concern of the State in promoting its general welfare, preventing disease, promoting health, and providing for the public safety;
(2) that significant quantities of petroleum and petroleum products are being stored in underground storage systems in the State;
(3) that spills, leaks, and other discharges from underground petroleum storage systems have occurred, are occurring, and will continue to occur, and these discharges pose a threat to the quality of the groundwaters and surface waters of this State;
(4) where contamination of the groundwater and surface water has occurred, remedial measures may often be delayed for a long period while determinations as to liability and the extent of liability are made;
(5) that these delays could result in the continuation and intensification of the threat to the public health, safety, and welfare and greater damage to the environment, and in significantly higher cost to contain or remove the contamination; and
(6) that adequate financial resources must be readily available to provide a means for investigation and clean up of spills, leaks, and other discharges of petroleum and petroleum products from underground storage tanks without delay.
(B) It is the intent of the General Assembly in enacting this legislation to strengthen the regulatory control of underground storage tanks and to establish a separate account to serve as a depository for funds which will enable the Department of Health and Environmental Control to respond without delay to incidents of contamination related to releases from underground tanks which store petroleum and petroleum products in order to protect the public health, safety, welfare, and minimize environmental damages.
SECTION 2. Title 44 of the 1976 Code is amended by adding:
Section 44-2-10. This chapter is known and may be cited as the State Underground Petroleum Environmental Response Bank Act of 1987.
Section 44-2-20. When used in this chapter, the listed terms have the following meanings unless the context clearly requires otherwise:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Fund' means the funds provided for under this chapter and deposited in the Superb Account hereinafter created.
(3) 'Operator' means any person operating an underground storage tank whether by lease, contract, or other form of agreement.
(4) 'Owner' means any person owning an underground storage tank.
(5) 'Person' means any individual, partner, corporation organized or united for a business purpose, or a governmental agency.
(6) 'Person in charge' means the person on the scene who is in direct, responsible charge of an underground storage tank.
(7) 'Petroleum' and 'petroleum product' mean petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).
(8) 'Regulated substance' means:
(a) any substance defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including any substance regulated as a hazardous waste under Subtitle C thereof; and
(b) petroleum and petroleum product.
(9) 'Release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water, or subsurface soils.
(10) 'Response action' means activity, including the evaluation, planning, design, engineering, construction, or other services which are carried out in response to any discharge, release, or threatened release of petroleum or petroleum products from an underground storage tank.
(11) 'Response action contractor' means any person who is carrying out a response action, including a person retained or hired by these persons to provide services relating to a response action.
(12) 'Underground storage tank' means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances, and the volume of which including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground. The term does not include any:
(a) farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;
(b) tank used for storing heating oil for consumptive use on the premises where stored;
(c) septic tank;
(d) pipeline facility, including gathering line, regulated under the Federal Natural Gas Pipeline Safety Act of 1968, or the Federal Hazardous Liquid Pipeline Safety Act of 1979. A pipeline facility which is an intrastate pipeline facility regulated under state laws comparable to the above provisions of law referred to in this subitem (d) is also not included within the definition of an underground storage tank;
(e) surface impoundment, pit, pond, or lagoon;
(f) storm water or waste water collection system;
(g) flow-through process tank;
(h) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or
(i) storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the petroleum storage tank is situated upon or above the surface of the floor; or
(j) any pipes connected to any tank which is described in subitems (a) through (i).
Section 44-2-30. Funds from the Superb Account hereinafter created may be used by the department in the manner authorized by this chapter to clean up releases from underground residential tanks storing petroleum or petroleum products but the owners or operators thereof are not subject to the permitting, registration, financial responsibility, and leak detection and prevention requirements of this chapter.
Section 44-2-40. (A) There is created within the state general fund a separate and distinct account to be called the 'Superb Account' to be administered by the state treasurer and expended by the department for purposes of this chapter.
(B) This fund must be used to carry out the provisions of this chapter and for the rehabilitation of any site contaminated with petroleum or petroleum products released from an underground storage tank. The rehabilitation consists of cleanup of affected soil, groundwater, and surface waters. The fund must be further used for the payment of any reasonable costs incurred by the department in providing field and laboratory services and other assistance by the department in the investigation of alleged contamination. This fund must not be used for the cleanup of any other pollutant or by any other department in the State. Funds ln the Superb Account also may not be used to pay any liability claims against the owners or operators of the underground storage tank but may only be used for the purpose of cleaning up releases from the tank or the rehabilitation of any contaminated site.
(C) The Superb Account must be used by the department for carrying out the purposes of this chapter. The fund must be credited with all fees, charges, and judgments allowable under this chapter. Charges against the Superb Account may only be made in accordance with the provisions of this chapter.
Section 44-2-50. (A) The department shall promulgate regulations relating to permitting, and release detection, prevention, and correction applicable to all owners and operators of underground storage tanks as may be necessary to protect human health and the environment. The department in these regulations may distinguish between types and classes of underground storage tanks. The regulations promulgated pursuant to this section shall include the following requirements for underground storage tanks:
(1) requirements for submitting a permit application and obtaining permits prior to the installation and operation of an underground storage tank;
(2) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;
(3) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;
(4) requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank;
(5) requirements for taking corrective action in response to a release from an underground storage tank; and
(6) requirements for the closure of tanks to prevent future releases of regulated substances into the environment.
(B) The department shall keep an accurate record of costs and expenses incurred under the provisions of this chapter for the rehabilitation of sites contaminated with petroleum or petroleum products released from underground storage tanks and to make this record public on a quarterly basis, and, except as otherwise provided ln Section 44-2-110, the department thereafter shall diligently pursue the recovery of any sum so incurred from the person responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The department shall also establish criteria for the rehabilitation of any site contaminated with petroleum or petroleum products released from an underground storage tank, the criteria and documentation necessary for an application for reimbursement of site rehabilitation costs from the Superb Account, and general procedures that response action contractors must follow during clean up.
(C) For purposes of enforcing this chapter and any regulations promulgated pursuant thereto, any representative or employee of the department is authorized:
(1) to enter at reasonable times any establishment or other place where an underground storage tank is located;
(2) to inspect and obtain samples of any regulated substance contained in the tank; and
(3) to copy any records, reports, information, or test results relating to the purpose of this chapter.
Section 44-2-60. (A) Any person who owns an underground tank which stores a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration sticker issued by the department in plain view upon the tank or the dispensing or measuring device connected therewith or, where appropriate, a registration certificate listing all registered tanks at a facility in plain view in the office or the kiosk of facility where the tanks are registered.
(B) Upon application for a registration sticker or certificate as described in subsection (A) above, the owner shall pay to the department an initial registration fee in the amount of twenty-five dollars per tank and a biennial renewal fee of fifteen dollars per tank per year.
Section 44-2-70. (A) No later than April 1, 1988, any person who owns an underground storage tank containing petroleum or petroleum products shall maintain financial responsibility in the amount of one hundred thousand dollars for corrective action or cleanup of releases and three hundred thousand dollars for third party bodily injury and property damage per occurrence with an annual aggregate of three hundred thousand dollars. Financial responsibility requirements may be maintained through insurance, guarantee, surety bond, letter of credit, self-insurance, or any other method satisfactory to the department.
The owner must demonstrate evidence of financial responsibility to the department.
(B) The department shall promulgate regulations specifying requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and non-sudden accidental releases arising from operating an underground storage tank which shall become effective five years from the date of enactment of this chapter.
Section 44-2-80. Any person who releases a regulated substance from an underground storage tank shall immediately undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake the removal of the release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct the cleanup.
Section 44-2-90. (A) There is levied an excise tax of one quarter of one cent a gallon on all gasoline and diesel subject to the state motor fuel tax and must be remitted to the South Carolina Tax Commission in the same manner as the motor fuel tax until the balance in the Superb Account equals or exceeds an unobligated balance of fifteen million dollars after which no excise tax may be levied unless:
(1) the balance in the Superb Account is less than or equal to an unobligated balance of eight million dollars in which case the excise tax provided herein will resume ninety days following the end of the month in which the unobligated balance occurs and shall continue until the balance in the Superb Account again equals or exceeds an unobligated balance of eight million dollars;
(2) the balance in the Superb Account is insufficient to pay all proven costs against the account, and in that event the excise tax provided herein must be one quarter of one cent a gallon until the proven costs have been paid or the amount sufficient to pay the costs has accrued to the Superb Account and the remainder in the account equals or exceeds three million dollars at which time the provisions of item (1) above shall control;
(B) Any interest accruing on the Superb Account must be credited only to the Superb Account;
(C) The excise tax must be levied as described in subsection (A) above for a period of five years from the date of enactment of this chapter. Any funds remaining in the Superb Account after this five year period must be dedicated to a fund to be administered by the department for the purpose of cleaning up 'orphan' sites, defined as those sites which demand a cleanup but where liability has not been, or cannot be, clearly established.
Section 44-2-100. The excise tax provided for in this chapter must be collected in the same manner and under the same terms and conditions as motor fuel taxes are collected by the South Carolina Tax Commission pursuant to Chapter 27 of Title 12. The funds collected must be credited to the Superb Account. This excise tax must be in addition to all other taxes imposed on or paid by any dealer in gasoline or diesel fuel and who acts as a collection agent for the State under applicable provisions of law.
The Tax Commission shall promulgate regulations, establish audit procedures for the conduct of audits, assess for delinquencies, and prescribe and publish the forms as necessary to effectuate the purpose of this section.
Section 44-2-110. To encourage early detection, reporting, and cleanup of releases from leaking petroleum storage tanks, the department, within the guidelines established in this section, shall conduct an early detection incentive program which provides for a twenty-four month general grace period beginning on January 1, 1987, and ending on December 31, 1988. Pursuant thereto, the department shall establish reasonable requirements for the written reporting of petroleum releases and distribute the forms to all persons registering tanks under this chapter and to all other interested parties upon request to be used for the purpose of reporting petroleum releases. Until the forms are available for distribution, the department shall take reports of these releases however made but shall notify any person making a report that a written report of the release will be required by the department at a later time, the form for which will be provided by the department. All sites involving releases from underground storage tanks reported to the department any time from midnight on December 31, 1986, to midnight on December 31, 1988, regardless of whether the release occurred before or after January 1, 1987, are qualified sites for the expenditure of funds from the Superb Account, provided that a written report is filed with respect thereto. Any funds so expended must be absorbed at the expense of the Superb Account, without recourse to reimbursement or recovery, subject to the following exceptions:
(1) The provisions of this section do not apply to any site where the department has initiated an administrative or civil enforcement action prior to December 31, 1986.
(2) The provisions of this section do not apply to any site where the department has been denied site access to implement the provisions of this chapter.
(3) The provisions of this section must not be construed to authorize or require reimbursement from the Superb Account for costs expended prior to December 31, 1986.
Section 44-2-120. Nothing in this chapter may be construed to prohibit a person from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by the person.
Section 44-2-130. (A) To encourage voluntary rehabilitation, a person conducting site rehabilitation under this chapter, either through his own personnel or through response action contractors or subcontractors, is entitled to reimbursement from the Superb Account for reasonable costs incurred in connection with the site rehabilitation. Prior to or during the grace period established under the early detection incentive program, the person is eligible for reimbursement of all reasonable costs incurred in connection with site rehabilitation. Subsequent to the grace period and so long as funds are available in the Superb Account, the person is eligible for reimbursement of reasonable costs incurred in excess of one hundred thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less.
(B) Notwithstanding subsection (A), no person is entitled to reimbursement of more than one million dollars from the Superb Account for costs incurred in connection with site rehabilitation.
(C) No person is entitled to reimbursement from the Superb Account for rehabilitation of any site excluded from participation in the early detection incentive program as established herein.
(D) No person is entitled to reimbursement from the Superb Account for site rehabilitation unless rehabilitation has been completed in accordance with cleanup criteria established by the department and the procedural requirements of this section have been met.
(E) No person is entitled to reimbursement from the Superb Account for the costs of repair or replacement of any tank or equipment.
(F) Reimbursement from the Superb Account to a person conducting site rehabilitation either through his own personnel or through response action contractors or subcontractors is not considered a state contract or subject to state bid requirements.
(G)(1) Within thirty days of initiating site rehabilitation or intent to initiate site rehabilitation, written notice of the intention or initiation must be submitted to the department together with sufficient demonstration of sites and conditions prior to the initiation of cleanup.
(2) The person responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the department during. regular business hours.
(3) Within thirty days of receipt of notice of initiation of site rehabilitation or the intent to initiate site rehabilitation, the department shall make a determination and provide written notice as to whether the person responsible for site rehabilitation is eligible or ineligible for participation in the early detection incentive program as provided for herein. Should the department determine the applicant is ineligible, it shall include in its written notice an explanation setting forth in detail the reasons for the determination.
(H)(1) Upon cessation of site rehabilitation, the person responsible for conducting the site rehabilitation shall submit to the department within thirty days of the cessation a written notice that site rehabilitation has been completed.
(2) No later than thirty days after submission of the notice of completion of site rehabilitation, the person responsible for conducting site rehabilitation shall submit to the department evidence of proper site rehabilitation and an application for reimbursement of costs in accordance with criteria established by the department pursuant to this chapter. The application for reimbursement must include the total amount of reimbursement sought.
(3) Notwithstanding item (2) of this subsection, the person responsible for conducting site rehabilitation may apply to the department for reimbursement of costs on a quarterly basis provided the person is following departmental criteria and is proceeding according to schedules approved by the department.
(I) Upon receipt of a complete application for reimbursement as described in subsection (H) above, the department shall make those investigations and inquiries as are necessary to enable the department to approve or deny the application. Upon final determination the department shall provide written notice to the applicant of its findings setting forth in detail the reason for the approval or denial and the amount approved for reimbursement. The department shall then request the State Treasurer to make payment of any approved reimbursement from the Superb Account.
(J) The provisions of this section do not apply to rehabilitation of any site owned or operated by the federal government.
Section 44-2-140. (A) Whenever the department finds that any person is in violation of any provision of this chapter or any regulation promulgated hereunder, the department may issue an order requiring the person to comply with the provision or regulation or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction.
(B) Any person who violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) above is subJect to a civil penalty not to exceed ten thousand dollars for each tank for each day of violation.
(C) Any person who willfully violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) above is guilty of a misdemeanor and upon conviction must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year, or both."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McLELLAN explained the amendment.
Rep. FOXWORTH moved to adjourn debate upon the Bill, which was adopted.
Rep. McLELLAN moved to waive Rule 6.1, which was agreed to.
The following Bill was taken up.
H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown R. Brown, Carnell, Chamblee, Davenport, Elliott Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO. TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1582J).
Amend the bill, as and if amended, by striking subsection (2) of Section 9-11-70, as contained in SECTION 2, beginning on page 3, and inserting:
/(2) Upon early retirement, the member is entitled to a deferred early retirement allowance commencing upon the attainment of age fifty-five, which is equal to a service retirement allowance computed as provided in Section 9-11-60(2) on the basis of the member's average final compensation and credited service at his date of early retirement. If the member's early retirement date occurs after he has twenty-five completed years of credited service and has attained age fifty, however, he may elect to receive, in lieu of the deferred allowance, a reduced allowance commencing immediately which is equal to the deferred allowance, a reduced allowance commencing immediately which is equal to the deferred allowance computed under (a) and (b) of Section 9-11-60(2) reduced by five-twelfths of one percent for each month, prorated for periods less than a month, by which his age at early retirement precedes his fifty-fifth birthday, plus the actuarial equivalent of his accumulated additional contributions. A member with thirty twenty-seven and one-half or more years of credited service is eligible for a service retirement allowance without a reduction./
Amend further, page 4, by striking SECTION 4 and inserting:
/SECTION 4. The State Budget and Control Board shall adjust the employer contribution paid by employers under the South Carolina Police Officers Retirement System in an amount sufficient to offset the actuarial cost of the provisions of Sections 9-11-60 and 9-11-70 of the 1976 Code as amended by this act, not to exceed two and forty-two hundredths percent of payroll. If the employer contribution adjustment provided in this section is insufficient to offset the actuarial cost of the provisions of this act, the board shall adjust employee contributions of the members of the South Carolina Police Officers Retirement System in an amount sufficient to offset the additional actuarial cost./
Amend title to conform.
Rep. T. ROGERS explained the amendment.
Rep. SIMPSON moved that the House do now adjourn, which was adopted by a division vote of 45 to 36.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. T. ROGERS having the floor.
The Senate returned to the House with concurrence the following:
H. 3719 -- Chester Delegation: A CONCURRENT RESOLUTION TO COMMEND MRS. BELVA F. BEAVER OF CHESTER FOR HER OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION FROM THE SIXTH JUDICIAL CIRCUIT UPON HER UPCOMING RETIREMENT FROM THE COMMISSION, AND TO REQUEST THE COMMISSION TO NAME THE NEW MOTOR VEHICLE LICENSE BUILDING IN CHESTER IN HER HONOR.
At 12:55 P.M. the House in accordance with the motion of Rep. SIMPSON adjourned to meet at 2:00 P.M. tomorrow.
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