Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Rev. Larry Parker, Pastor of Hampton-Varnville United Methodist Churches in Hampton, S.C., as follows:
LORD: It's hard to be strong, sometimes, and a lot of the time.
We're called on to act and respond, in reasonableness, when we don't want to be the least bit reasonable.
We're supposed to be cheerful, when cheerfulness is the least of our feelings.
We need to be confident, when inside we're trembling.
We're called on to care for others, when what we really want is to be cared for ourselves.
We need to be restrained, when what we really want is to respond, in kind, to a real or imagined hurt.
We're called on for a word of hope, and it seems as if hope has seeped out through a hole in our soul.
LORD: It's hard to be strong sometimes, and a lot of the time.
But when our spirit cried out: "From whence does my help come?" - the answer comes back:
"My help comes from the Lord, who made Heaven and Earth."
And we can be reasonable, in the face of unreasoning;
We can hear our Lord say: "Be of good cheer, for I have overcome the world;"
We can cast our burdens on You, Lord, for we know that You will sustain us;
We can remember to love You... and our neighbor as ourselves;
We can offer forgiveness, as we know ourselves to need forgiveness;
And the word embraces our spirit, that in the joy and peace of believing on Your Holy Name, our lives are filled with hope that calls us into what is yet to be;
LORD: It's hard to be strong sometimes, and a lot of the time.
But we come to celebrate today, because we know that it is You who gives "power to the faint, and to those who have no power,
You increase their strength..."
We know that all "...who wait upon (You) shall renew their strength..."
IN THE NAME OF THE FATHER, THE SON, AND THE HOLY SPIRIT...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 Friday, the SPEAKER ordered it confirmed.
The following were received.
February 26, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 26, 1988 regulations concerning Continuing Education Requirements from the State Board of Social Work Examiners.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 29, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 29, 1988 regulations concerning Income Tax from the S.C. Tax Commission.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
February 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 25, 1988 regulations concerning Sanitation of Schools from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 25, 1988 regulations concerning Classified Waters: North Inlet from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
February 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 25, 1988 regulations concerning Air Pollution Control from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 25, 1988 regulations concerning Controlled Substances from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 25, 1988 regulations concerning Classified Waters: Wando River from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
February 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
The South Carolina Wildlife and Marine Resources Department is hereby withdrawing regulations pertaining to Restricting the Use of Watercraft in the Waters in a Certain Portion in Lake Marion Around the I-95 and 301 Bridges ln Clarendon and Orangeburg Counties, effective this date. These regulations have been referred to the Agriculture and Natural Resources Committee.
Sincerely,
Robert J. Sheheen
Received as information.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
February 26, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
The State of South Carolina Department of Insurance is hereby withdrawing and simultaneously resubmitting regulations with changes concerning Automobile Insurance Credit and Discount Plans, effective this date. These regulations have been referred to the Labor, Commerce and Industry Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., February 25, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Mitchell and Thomas of the Committee of Free Conference on the part of the Senate on 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
No. 054
Received as information.
The following was received.
Columbia, S.C., February 25, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2573, and the Report having been adopted by both Houses:
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.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 029
Received as information.
On motion of Rep. FOSTER, with unanimous consent, the following were taken up for immediate consideration and accepted.
February 15, 1988
The Honorable Samuel R. Foster
Chairman of House Invitations Committee
P.O. Box 11867
Columbia, S.C. 29211
Dear Chairman Foster:
The House of Representatives is invited to a breakfast honoring the General Assembly on Thursday, March 10, 1988 at 8:00 A.M. at the Radisson Hotel in Columbia. The other Guests will be members of the S.C. Epilepsy Association, their families and friends from around the state.
Our guest speaker, a nationally known specialist in neurological diseases, Dr. Braxton Wannamaker will dispel the myths of epilepsy, what it is and what it is not.
Sincerely,
Elaine M. Frank, M. Aud.
Chairman
Legislative Breakfast
South Carolina WIFE
Mary Ann Brown
Rt. 11, Box 184
Oswego, S.C. 29150
February 25, 1988
Dear Sirs:
South Carolina WIFE cordially invites you to a Continental breakfast at Beau's in the Radisson Hotel on March 17, 1988 from 8:30 A.M. till 9:30 A.M.
Sincerely yours,
Mary Ann Brown
State secretary
On motion of Rep. J. BRADLEY the House non-concurred in the Senate Amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
The Senate returned to the House with amendments the following:
H. 3534 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 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.
The Senate Amendments were, agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 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.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses; it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 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.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 3859 -- Reps. Koon, Felder, Derrick, Sturkie, Klapman and Arthur: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MR. WOODROW H. TAYLOR OF LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3860 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. DOUGLAS ELBERT "BILL" MOSTELLER OF ANDERSON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3861 -- Rep. Lewis: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF DAMAGES AGAINST CHARITABLE ORGANIZATIONS AND TO THE LIABILITY OF A HEALTH CARE PROVIDER FOR SERVICES RENDERED VOLUNTARILY AND WITHOUT COMPENSATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN ACTION AGAINST ANY CHARITABLE ORGANIZATION UNDER SECTIONS 33-55-210 THROUGH 33-55-230 CONSTITUTES A COMPLETE BAR TO ANY RECOVERY BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER, AGAINST THE EMPLOYEE OF THE CHARITABLE ORGANIZATION WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE THAT NO JUDGMENT AGAINST AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY BE RETURNED UNLESS A SPECIFIC FINDING IS MADE THAT THE EMPLOYEE ACTED IN A RECKLESS, WILFUL, OR GROSSLY NEGLIGENT MANNER; AND TO REPEAL SECTION 33-55-220, RELATING TO THE PROVISION THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE OF A CHARITABLE ORGANIZATION DOES NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR WITH GROSS NEGLIGENCE.
Referred to Committee on Judiciary.
H. 3862 -- Rep. Wilkins: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.
Referred to Committee on Education and Public Works.
H. 3863 -- Reps. Blanding and E.B. McLeod: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THE BOUNDARIES OF THE MANCHESTER FOREST AND PINEWOOD PRECINCTS.
Without reference.
H. 3864 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-77-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AND DESIGNATION OF PRODUCERS BY THE INSURANCE COMMISSION AND THE REINSURANCE FACILITY GOVERNING BOARD, SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE FACILITY MAY FOR A PERIOD OF THREE YEARS ALLOW AN EXCEPTION TO THE REQUIREMENT THAT THE APPLICANT HAVE A NET PREMIUM EXCEEDING SEVENTY-FIVE THOUSAND DOLLARS OF POTENTIAL CEDEABLE AUTOMOBILE INSURANCE DURING ONE OF THE PREVIOUS FIVE CALENDAR YEARS PRECEDING THE APPLICATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3865 -- Reps. Gordon and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37- 170 SO AS TO AUTHORIZE AN ORDER FOR THE SEIZURE AND SALE OF A MOBILE HOME IF, AFTER FIVE DAYS FROM THE ISSUE OF AN EJECTMENT ORDER THE MOBILE HOME IS NOT REMOVED FROM THE LANDLORD'S PROPERTY, TO PROVIDE PROCEDURES FOR THE SALE INCLUDING NOTICE TO OWNER LIENHOLDERS; AND TO AMEND SECTION 22-3-10, RELATING TO CIVIL JURISDICTION OF MAGISTRATES, SO AS TO INCLUDE JURISDICTION TO ORDER THE SALE OF MOBILE HOMES AS PROVIDED IN SECTION 27-37-170.
Referred to Committee on Judiciary.
H. 3866 -- Reps. Hearn and Cork: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO PROVIDE FOR THE CERTIFICATION OF REAL ESTATE APPRAISERS, CREATE THE REAL ESTATE APPRAISERS BOARD, PROVIDE FOR MEMBERSHIP, COMPENSATION, POWERS AND DUTIES, PROVIDE FOR CERTIFICATION REQUIREMENTS AND FOR THE RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATION, PROVIDE FOR FEES, AND TO PROVIDE PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
S. 1122 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HAVE BUCKSHOT OR ANY SHOT LARGER THAN NUMBER FOUR OR ANY RIFLE AMMUNITION OF A GREATER CALIBRE THAN TWENTY-TWO AND A WEAPON CAPABLE OF FIRING THE AMMUNITION IN POSSESSION OR HAVE IMMEDIATE ACCESS TO ANY OF THEM WHILE USING ARTIFICIAL LIGHTS HUNTING AT NIGHT, TO PROVIDE PENALTIES, AND TO DELETE A REFERENCE TO PRIMA FACIE.
Referred to Committee on Agriculture and Natural Resources.
S. 1123 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-1-190, 50-1-200, AND 50-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO REGULATE THE MANAGEMENT OF WILDLIFE ON FEDERAL LANDS, SO AS TO ALLOW AGREEMENTS TO REGULATE MANAGEMENT OF FEDERAL LANDS PLACED IN THE WILDLIFE MANAGEMENT AREA PROGRAM AND REGULATE HUNTING AND FISHING; TO PROVIDE THAT THE DEPARTMENT MAY REGULATE HUNTING AND FISHING ON FEDERAL AND PRIVATE LANDS, AND TO REDEFINE THE PENALTIES FOR VIOLATIONS ON DEPARTMENT MANAGED LANDS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-1-195 SO AS TO ALLOW THE DEPARTMENT TO PLACE PRIVATE LANDS IN THE WILDLIFE MANAGEMENT AREA PROGRAM.
Referred to Committee on Agriculture and Natural Resources.
S. 1124 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-920 SO AS TO PROVIDE THAT THE SHELLS OF OYSTERS, CLAMS, AND OTHER BIVALVE MOLLUSKS HARVESTED FOR COMMERCIAL PURPOSES FROM STATE-OWNED BOTTOMS AND SHUCKED OR OTHERWISE PROCESSED TO REMOVE THE MEAT IN THIS STATE ARE THE PROPERTY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND MUST BE USED IN SHELLFISH CULTIVATION AND PLANTING OPERATIONS, TO EXCEPT THOSE USED IN THE RESTAURANT BUSINESS, AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture and Natural Resources.
S. 1128 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-105 SO AS TO PERMIT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO TOW AWAY AND STORE ANY UNATTENDED WATERCRAFT, A WATERCRAFT THE OPERATOR OF WHICH IS ILL OR INTOXICATED AND UNABLE TO FUNCTION IN A SAFE MANNER, OR OTHER OBJECT WHICH CONSTITUTES A HAZARD TO NAVIGATION AND WHICH IS NOT WITHIN AN APPROVED UNITED STATES COAST GUARD ANCHORAGE AREA AND TO PROVIDE THAT THE OWNER SHALL PAY REASONABLE STORAGE FEES.
Referred to Committee on Agriculture and Natural Resources.
S. 1130 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONGAME GILL NETS, SO AS TO PROVIDE THAT ATLANTIC STURGEON CAUGHT DURING THE OPEN SEASON FOR ATLANTIC STURGEON IN LICENSED SHAD NETS LAWFULLY FISHED MAY BE KEPT BY THE FISHERMAN AND TO REQUIRE THE ATLANTIC STURGEON TO BE RETURNED TO THE WATER IF CAUGHT DURING THE CLOSED SEASON.
Referred to Committee on Agriculture and Natural Resources.
S. 1166 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT A PUBLIC SCHOOL ADMINISTRATOR, PRINCIPAL, COUNSELOR, OR TEACHER WHO SUSPECTS A STUDENT OF USING ALCOHOL OR ANY OTHER NONPRESCRIPTION DRUG, AND WHO IN GOOD FAITH NOTIFIES THE STUDENT'S PARENT OR LEGAL GUARDIAN OF THIS FACT IS NOT LIABLE FOR CIVIL DAMAGES.
Referred to Committee on Education and Public Works.
S. 1169 -- Senator WaddeLl: A BILL TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND AND HILTON HEAD ISLAND, SO AS ALSO TO PROHIBIT TRAWLING WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF FRIPP ISLAND AND TO CHANGE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Referred to Committee on Agriculture and Natural Resources.
S. 1180 -- Senators Dennis, Lindsay, Holland, and Horace C. Smith: A BILL TO AMEND SECTION 9-1-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF EMPLOYEES AND MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT CLASS ONE SERVICE MAY BE CONVERTED TO CLASS TWO SERVICE AND TO PROVIDE A CONVERSION FORMULA; AND TO AMEND SECTIONS 9-1-1590 AND 9-11-90, AS AMENDED, RELATING TO THE RESTORATION OF BENEFICIARIES TO ACTIVE SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO MAKE OPTIONAL RATHER THAN MANDATORY THE LOSS OF THE ALLOWANCE OF THE REEMPLOYED BENEFICIARIES.
Referred to Committee on Ways and Means.
S. 1189 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-125 SO AS TO DEFINE WILDLIFE AND PROVIDE PENALTIES FOR PERSONS CONVICTED OF UNLAWFUL BUYING, SELLING, TRADING, TRAFFICKING, OR BARTERING WILDLIFE.
Referred to Committee on Agriculture and Natural Resources.
S. 1215 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, RELATING TO PARKS AND RECREATION DEVELOPMENT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
S. 1216 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, SOUTH CAROLINA CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SNOW, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1217 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; AND TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 1218 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 38-73-457, 38-77-112, AND 38-77-280, ALL AS AMENDED, RELATING TO THE CIVIL LIABILITY OF A LICENSED HEALTH CARE PROVIDER, THE REQUIREMENT OF EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE ANNUALLY A BASE RATE WITH THE CHIEF INSURANCE COMMISSIONER, NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHO DOES NOT POSSESS A VALID SOUTH CAROLINA DRIVER'S LICENSE, THE AUTHORITY OF AUTOMOBILE INSURERS TO REFUSE TO WRITE AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHERE ONE OR MORE OF THE CONDITIONS OR FACTORS PRESCRIBED IN SECTION 38-73-455 EXIST, SO AS TO MAKE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO EXEMPT AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; TO AMEND SECTION 38-75-210, RELATING TO THE REQUIREMENT THAT HAZARD INSURANCE ON MOBILE HOMES MAY NOT BE WRITTEN FOR A PERIOD IN EXCESS OF THREE YEARS, SO AS TO CHANGE THE BASIS ON WHICH A REFUND IS MADE IF THE POLICY IS CANCELED DURING THE SECOND YEAR OF THE POLICY TERM; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSURER OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Corning Dangerfield Davenport Day Derrick Edwards Faber Fair Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.W. Kay Keyserling Kirsh Klapman Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride 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. Sharpe Sheheen Shelton Short Simpson Snow Taylor Thrailkill Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 1, 1988.
Will McCain Dave C. Waldrop, Jr. Irene K. Rudnick D.L. Aydlette, Jr. Robert A. Kohn William H. Jones E. Crosby Lewis Dick Elliott C. Lenoir Sturkie Gene Stoddard
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on March 1, 1988.
James C. Johnson Larry Koon
Philip T. Bradley Larry Gentry
John G. Felder Jack Gregory
The SPEAKER granted Rep. COOPER a leave of absence for the week due to illness.
Announcement was made that Dr. James C. McAlpine, Jr., of Camden is the Doctor of the Day for the General Assembly.
The following was introduced:
H. 3867 -- Reps. Harvin, Snow and Gordon: A CONCURRENT RESOLUTION TO CONGRATULATE BROWN'S BAR-B-QUE OF KINGSTREE IN WILLIAMSBURG COUNTY FOR WINNING FIRST PLACE IN THE COMMERCIAL BARBEQUE DIVISION OF THE SOUTH CAROLINA PALMETTO PIG PICK'N CONTEST HELD FEBRUARY 12, 1988, IN CHARLESTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3868 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 17, 1988, AS THE FIFTH ANNUAL SOUTH CAROLINA HISTORY DAY, AND AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE CHAMBERS ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. BLACKWELL moved to adjourn debate upon the following Bill until Friday, April 1, which was adopted.
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 following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 350 -- Corrections and Penology Committee: A BILL TO PROVIDE THAT EVERY SOLICITOR SHALL FURNISH THE APPROPRIATE CLERK OF COURT WITH A COPY OF ARREST WARRANTS, INCIDENT REPORTS, CRIMINAL CONVICTION RECORDS, AND THE PRESENTENCE INVESTIGATION OF EACH DEFENDANT SENTENCED TO A TERM OF IMPRISONMENT IN EXCESS OF NINETY DAYS, TO PROVIDE THAT THE CLERK OF COURT SHALL ATTACH A COPY OF THESE REPORTS TO THE PRISONER'S COMMITMENT PAPERS, AND TO PROVIDE THAT THE SOLICITOR AND CLERK OF COURT SHALL ALSO INSURE THAT ALL COMMITMENT ORDERS PERTAINING TO DEFENDANTS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS ARE REMITTED TO THE DEPARTMENT OF CORRECTIONS WITHIN TEN DAYS AFTER THE ADJOURNMENT OF THAT TERM OF COURT.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3652 -- Reps. Kirsh, Nesbitt, Foster, Klapman and McLellan: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES, SO AS TO DELETE THE PROVISIONS RELATING TO THE COLLECTION OF REASONABLE EXPENSES NOT TO EXCEED FIVE PERCENT OF THE DELINQUENT TAXES AND PENALTIES INCURRED IN CONNECTION WITH EXECUTIONS AND ADD A PROVISION WHICH ALLOWS A MUNICIPALITY TO ADD THE EXPENSE OF THE LEVY, SEIZURE, AND SALE AND COLLECTED AS ADDITIONAL EXECUTION COSTS TO INCLUDE THE EXPENSE OF TAKING POSSESSION OF REAL OR PERSONAL PROPERTY, ADVERTISING, STORAGE, IDENTIFYING THE BOUNDARIES OF THE PROPERTY, AND MAILING CERTIFIED NOTICES.
H. 3670 -- Reps. McLellan, Toal and Kirsh: A BILL TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE FOR STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS.
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.
The following Joint Resolution was taken up.
H. 3824 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, SOUTH CAROLINA CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SNOW moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
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.
Reps. H. BROWN and HUMPHRIES objected to the Bill.
The following Bill was taken up.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 1922J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Items (1), (3), and (4) of Section 8-21-310 of the 1976 Code are amended to read:
"(1) For recording a deed to or a mortgage on real estate, with or without renunciation of dower, four eight dollars; and an additional one dollar per a page for any deed or mortgage containing more than four pages; for entry of a deed or mortgage that covers both real estate and t personal property in the indexes for both real and personal property conveyances or mortgages, one dollar additional;
(3) For recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, four six dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, four six dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to therein and an additional one dollar for each page for any instrument exceeding three pages;
(4) For recording any lease, contract of sale, trust indenture, or other document affecting title or possession of real property not herein otherwise provided for, four six dollars and an additional one dollar per a page for any such document containing more than three pages;".
SECTION 2. Section 8-21-310(11)(a) of the 1976 Code is amended to read:
"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, twenty-five thirty-five dollars. There may be is no further fee for filing an amended or supplemental complaint or petition, nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which such the application is addressed. There may be is no further fee for entering and filing any verdict, judgment, final decree or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment;".
SECTION 3. This act takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. ARTHUR objected to the Bill.
Rep. WILKINS explained the amendment.
Reps. O. PHILLIPS and DAY objected to the Bill.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 933 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO REPEAL SECTION 61-13-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF UNSTAMPED ALCOHOLIC LIQUORS AS CONTRABAND.
H. 3763 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY SO AS TO CHANGE THE CHARGE ALLOWED ON A DELINQUENCY INSTALLMENT FROM FIVE CENTS A DOLLAR FOR EACH FULL DOLLAR OR ONE DOLLAR, WHICHEVER IS GREATER, NOT TO EXCEED FIVE DOLLARS, TO ONE DOLLAR TO A MAXIMUM OF FIVE PERCENT OF AN INSTALLMENT, OR A MAXIMUM OF FIVE DOLLARS ON A FAMILY OR HOUSEHOLD PURPOSE LOAN.
Rep. J. BRADLEY explained the Bill.
S. 1102 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE.OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF- THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND SECTION 38-57-190, RELATING TO TYPES OF INSURANCE EXEMPT FROM RESTRICTIONS ON PREFERENCES, SO AS TO REVISE THE EXEMPT CATEGORIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 RELATING TO ACCIDENT AND HEALTH INSURANCE.
Rep. J. BRADLEY explained the Bill.
H. 3831 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO IMPROPER CLAIMS PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep, J. BRADLEY explained the Joint Resolution.
H. 3832 -- Labor, Commerce.and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATION FEES AND RECIPROCITY CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3385 -- Reps. Gregory, Davenport, Klapman, McGinnis, Rudnick, Washington, Winstead, Kirsh, Wells, J. Brown, J. Bradley, Waldrop, Toal, Keyserling, Dangerfield, L. Martin, Day, McElveen and Elliott: A BILL TO AMEND SECTION 50-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DEER HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE ON GAME MANAGEMENT LANDS, SO AS TO PROHIBIT DEER HUNTING WITHIN THREE HUNDRED YARDS OF ANY RESIDENCE.
The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 2038J).
Amend the bill, as and if amended, by striking Section 1 in its entirety and inserting:
/SECTION 1. Section 50-11-140 of the 1976 Code is amended to read:
"Section 50-11-140. It shall be is unlawful to hunt deer on land designated as game management areas within three hundred yards of a resident residence without permission of the owner and occupant at any time. Anyone violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than two hundred dollars or imprisoned not more than thirty days."/
Amend title to conform.
Rep. FOXWORTH explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF CAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE, EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 2037J), which was adopted.
Amend the bill, as and if amended, by striking Section 1 in its entirety and inserting:
/SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-125. It is unlawful to sell live wolves within the State or to ship or import live wolves into this State, except for exhibition or scientific purposes upon the approval of the department as provided by regulations promulgated by the department."/
Amend title to conform.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. M.D. BURRISS a leave of absence for the remainder of the day.
Rep. SHARPE moved to adjourn debate upon the following Bill until Tuesday, March 8, which was adopted.
H. 3533 -- Reps. Kay, Sharpe, Jones, L. Phillips, Whipper, Townsend, P. Harris, D. Martin, Shelton, Rice, K. Bailey, Bennett, E.B. McLeod, Hearn, Humphries, Foxworth, Mappus and Nesbitt: A BILL TO AMEND SECTION 47-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS SUSPECTED OF HAVING RABIES, SO AS TO PROVIDE THAT CAPTURE, IMPOUNDMENT, AND EUTHANIZATION OF THE ANIMALS MUST BE PERFORMED BY COUNTY HEALTH DEPARTMENTS.
The following Bill was taken up.
H. 3560 -- Reps. Sharpe, Sturkie and Jones: A BILL TO AMEND SECTIONS 48-43-10 AND 48-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OIL AND GAS EXPLORATION, DRILLING, TRANSPORTATION, AND PRODUCTION, SO AS TO DEFINE "SANITARY LANDFILL" AND TO REGULATE ACTIVITIES RELATING TO WASTE AND ANTIPOLLUTION ACTIVITIES INVOLVING OIL AND GAS AND TO REGULATE ACTIVITIES RELATING TO METHANE GAS IN AND RELATED TO LANDFILLS.
The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 0055r), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. Section 48-43-30 (B), of the 1976 Code is amended by adding at the end:
"To regulate the exploration, drilling, production, and transportation of methane gas in and related to sanitary landfills. The Commission is authorized to exercise discretion in regulating such activities and may impose any requirement of this chapter as is necessary, in the opinion of the Commission, to prevent waste of oil and gas, to protect correlative rights and to prevent pollution of the water, air and land by oil and gas. The Commission is further authorized to require any person applying for a drilling permit or otherwise producing methane gas in a sanitary landfill to comply with one of the following requirements for financial responsibility in an amount deemed sufficient by the Commission in its discretion in order to achieve the authorization specified in Section 48-43-30(A) (1):
(i) furnish as bond consistent with the requirements of Section 48-43-30(B) (1) (e); or
(ii) furnish proof of insurance with the State of South Carolina as beneficiary.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 561 -- Senator Garrison: A BILL TO AMEND SECTION 48-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICTS' COMMISSIONERS, SO AS TO REVISE THE NOMINATION PROCEDURES FOR PLACEMENT ON THE BALLOT AND THE TERMS OF OFFICE OF THESE COMMISSIONERS EFFECTIVE WITH THE 1990 ELECTION AND TO AMEND SECTION 48-9-1230, RELATING TO TERMS OF OFFICE AND VACANCIES OF THESE COMMISSIONERS, SO AS TO REVISE THIS SECTION IN ORDER TO CONFORM IT TO THE ABOVE PROVISIONS.
The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 2114J), which was adopted.
Amend the bill, as and if amended, Section 48-9-1220, as contained in SECTION 1, by striking /every two or four years thereafter/ beginning on line 34 of page 2. When amended, the last paragraph shall read:
/Effective with the 1990 election, the two candidates who receive the highest number of votes shall serve for a term of four years each and the other candidate who receives the next highest number of votes shall serve for a term of two years. Thereafter, their successors must be elected in a nonpartisan election to be held at the same time as the general election for terms of four years each./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, March 8, which was adopted.
S. 1067 -- Senator Waddell: A BILL TO AMEND SECTION 46-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE FERTILIZER LAW, SO AS TO PROVIDE FOR THE FERTILIZER BOARD TO BE COMPOSED OF NOT OVER FIVE MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES INSTEAD OF ALL OF THE BOARD MEMBERS.
The following Bill was taken up.
H. 3395 -- Reps. J. Bradley, Boan and J.W. McLeod: a BILL TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; AND TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS.
The Labor Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1988J), which was tabled.
Amend the bill, as and if amended, in Section 38-73-1110 of the 1976 Code, as contained in SECTION 1, page 1, line 9, by striking/ five three/ and inserting /five/; page 2, line 11, by striking / five-year three-year/ and inserting /five-year/; page 2, lines 17 and 18, by striking /two percent above the average prime rate for the three-year/ and inserting /the insurer's average rate of return for the five-year/ so that when amended Section 38-73-1110 shall read:
/Section 38-73-1110. If at any time it appears to the Commissioner that rates charged for fire property, casualty, surety. marine, title, or allied lines or inland marine insurance or casualty or allied lines of insurance in this State are excessive or unreasonable, in that the results of the business of the insurers insurer in this State during the five years immediately preceding the year in which the investigation is made, as indicated by the insurer's annual statements and any supplements to them, show an aggregate underwriting operating profit in excess of a reasonable amount, then the Commissioner may order a general reduction in rates which will reduce the underwriting operating profit to a reasonable amount. Any reduction ordered by the Commissioner must be applied to the class or classes of risks as the insurers insurer or rating bureau or bureaus may elect, and they may not be compelled to reduce rates on classes which have not produced a reasonable underwriting operating profit for the five-year period. In addition to ordering a general reduction in rates, the Commissioner may also order a pro rata refund of any excessive or unreasonable profits found to have been realized by the insurer, together with interest. The Commissioner shall determine the rate of interest which must be the insurer's average rate of return for the five-year period. Any refund which is ordered must be equitably apportioned among the policyholders entitled to it, and may be given either in the form of a cash refund or as a credit toward future premiums or a combination of these two methods. In determining the question of a reasonable underwriting operating profit under this section, the Commissioner as a protection to policyholders shall give proper and reasonable consideration to conflagration liabilities, both within and without this State./
Amend title to conform.
Rep. J. BRADLEY explained the amendment and moved to table the amendment which was agreed to.
The Bill was then read the second time and ordered to third reading.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, March 15, which was adopted.
H. 3480 -- Rep. J. Bradley: A BILL TO AMEND SECTION 53-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNOR TO DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT THE GOVERNOR MAY NOT DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES IF THERE IS AN INTERVENING WEEKEND BETWEEN THE HOLIDAY GRANTED FOR DECEMBER TWENTY-FIFTH AND THE HOLIDAY GRANTED FOR DECEMBER TWENTY-SIXTH UNLESS HE DECLARES CHRISTMAS EVE A HOLIDAY IN LIEU OF THE HOLIDAY TO BE GRANTED FOR DECEMBER TWENTY-SIXTH.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2056J).
Amend the bill, as and if amended, by striking Section 40-39-70 of the 1976 Code as contained in Section 2 and inserting:
/Section 40-39-70. Every such pawnbroker shall keep a book in which shall be fairly written, at the time of any loan, an account and description of the goods, articles or things pawned or pledged, the amount of money loaned thereon, the time of pledging them, the charges or the rate of interest to be paid on such loan and the name and residence of the person pawning or pledging the goods, articles or things. Every pawnbroker shall keep a record, at the time of any loan, containing an account and description of the goods, articles, or things pawned, pledged, or purchased, the amount of money loaned thereon, the time of pledging them, the charges, or the rate of interest to be paid on the loan, and the name and residence of the person pawning or pledging the goods, articles, or things./
Amend the bill further, as and if amended, by striking Section 40-39-80 of the 1976 Code as contained in Section 2 and inserting:
/Section 40-39-80. Every such pawnbroker shall at the time of each loan deliver to the person pawing or pledging any goods, articles or things a memorandum or note, signed by him, containing the substance of the entry required to be made in his book by Section 40-39-70, and no charge shall be made or received by any pawnbroker for any such entry, memorandum or note. Every pawnbroker at the time of each loan shall deliver to the person pawning or pledging any articles, at no charge, a memorandum signed by the pawnbroker and the person pawning or pledging any articles containing the substance of the entry required by Section 40-39-70. If the memorandum is lost, the pledgor may receive a duplicate upon payment of a fee not exceeding three dollars. The administrator may prescribe the form to be used./
Amend the bill further, as and if amended, by striking Section 40-39-90 of the 1976 Code as contained in Section 2 and inserting:
/Section 40-39-90. Such book shall at all reasonable times be open to the inspection of the mayor and clerk of the circuit court, all judges of the criminal courts, the superintendent of police, police inspectors, captains of police and police justices of such towns or counties, or any or either of them, or of any person who shall be duly authorized in writing for that purpose by any or either of them and who shall exhibit such written authority to such pawnbroker. Records kept by pawnbrokers pursuant to this chapter must at all reasonable times be open to the inspection by court and officials, law enforcement officers, the administrator of the Department of Consumer Affairs, and their designees. Any loan records identifying any individual must be handled in a confidential manner at all times./
Amend the bill further, as and if amended, in Section 40-39-100 of the 1976 Code as contained in Section 2 by striking the first paragraph of the section and inserting:
/Section 40-39-100. Pawnbrokers may demand or receive on leans not in excess of three hundred dollars a charge at the rate of one dollar per thirty-day period for each ten dollars loaned; provided, that a minimum charge of fifty cents may be collected for loans under ten dollars. Pawnbrokers may charge interest on loans not exceeding the following amounts:
(1) at the rate of two dollars fifty cents per thirty-day period for each ten dollars loaned for the first fifty dollars loaned;
(2) at the rate of two dollars per thirty-day period for each ten dollars loaned on that portion of the loan exceeding fifty dollars but not exceeding one hundred dollars;
(3) at the rate of one dollar and fifty cents per thirty-day period for each ten dollars loaned on that portion of the loan exceeding one hundred dollars but not exceeding two hundred dollars;
(4) at the rate of one dollar per thirty-day period for each ten dollars loaned on that portion of the loan exceeding two hundred dollars but not exceeding one thousand dollars;
(5) at the rate of fifty cents per thirty-day period for each ten dollars loaned on that portion of the loan exceeding one thousand dollars but not exceeding two thousand dollars./
Amend the bill further, as and if amended, by striking Section 40-39-120 of the 1976 Code as contained in Section 2 and inserting:
/Section 40-39-120. The mayor or clerk of the circuit court issuing any such license may revoke it for cause. Each pawnbroker applying for a Certificate of Authority shall tender to the Department a fee of two hundred seventy-five dollars plus all other applicable fees required by other agencies to process the application. The administrator may revoke any Certificate of Authority if the pawnbroker has violated this chapter or any rule or order lawfully made pursuant to this chapter, or if facts or conditions exist which would clearly have justified the administrator in refusing to grant a Certificate of Authority had these facts or conditions been known to exist at the time the application for Certificate of Authority was made. The administrator may promulgate regulations for obtaining and revoking the Certificate of Authority./
Amend the bill further, as and if amended, by striking subsection (2) of Section 40-39-160 of the 1976 Code and inserting:
/(2) A pledgor is not obligated to pay a charge in excess of that allowed by this chapter, and has a right of refund of any excess charge paid within ten days of written demand. A refund may not be made by reducing the consumer's obligation by the amount of the excess charge unless the pawnbroker has notified the pledgor that the pledgor may request a refund and the pledgor has not so requested within ten days thereafter./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 2, which was adopted.
The following Joint Resolution was taken up.
S. 1143 -- Finance Committee: A JOINT RESOLUTION TO CREATE THE ACCOMMODATIONS TAX AD HOC COMMITTEE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2101J); which was adopted.
Amend the resolution, as and if amended, in SECTION 1, page 1, line 24, by inserting after /Commission/ /or his designee/; on line 24, by striking /and/; on line 25 by striking /and Vice-Chairman/; and on line 26, by inserting after /Commission/ /or his designee, and one member each appointed by the South Carolina Association of Counties, Municipal Association of South Carolina, and the South Carolina Hotel and Motel Association/ so that when amended SECTION 1 shall read:
/SECTION 1. There is established an Accommodations Tax Ad Hoc Committee composed of the Chairman of the Joint Legislative Committee on Tourism and Trade, the Chairman of the Joint Legislative Committee on Cultural Affairs, the Chairman of the Tax Study Commission or his designee, the Chairman of the State Reorganization Commission or his designee, and one member each appointed by the South Carolina Association of Counties, Municipal Association of South Carolina, and the South Carolina Hotel and Motel Association./
Amend the resolution further in SECTION 2, page 1, by striking on lines 28 through 30 /The Ad Hoc Committee shall meet no more than quarterly in the year following the effective date of this resolution./ so that when amended SECTION 2 shall read:
/SECTION 2. The members of the board shall receive per diem, mileage, and subsistence as provided by law for members of state boards, commissions, and committees. The amount of these expenditures must be withheld by the South Carolina Tax Commission from the proceeds of the accommodations tax and paid from it./
Amend the resolution further by striking SECTION 3, page 1, which reads:
/SECTION 3. The Ad Hoc Committee is responsible for determining that the accommodations tax advisory committees provided for in Section 12-35-720 have been appointed in each jurisdiction required by law to appoint these committees and that these committees are operating in accordance with the law./ and inserting:
/SECTION 3. The Ad Hoc Committee shall study the distribution of all monies disbursed under the provisions of Article 6, Chapter 35, Title 12 of the 1976 Code. The committee shall present a final report to the General Assembly no later than fifteen months following the effective date of this resolution. Upon presentation of the final report, the committee is dissolved./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
H. 2272 -- Reps. Neilson, Lockemy, Gilbert, Davenport, Holt, O. Phillips, J.W. McLeod, Blackwell, Shelton, Mattos, Dangerfield, Petty and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE CLOSING ATTORNEYS OR OTHER SETTLEMENT AGENTS TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLL-BACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLL-BACK TAX WHEN THE PROPERTY'S USE IS CHANGED.
The following Bill was taken up.
H. 2756 -- Reps. Wilder and Clyborne: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS AND TO MAKE CORRESPONDING ADJUSTMENTS IN THE JURISDICTION OF THE COURT OF GENERAL SESSIONS TO TRY THESE VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Do¢. No. 1976J), which was adopted.
Amend the bill, as and if amended, in Section 34-11-90(b) of the 1976 Code, as contained in SECTION 2, page 2, lines 10 through 15, by striking / and each subsequent conviction by imprisonment for thirty days conviction by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not more than one year, or both/ and inserting /and each subsequent conviction by imprisonment for thirty days/ so that when amended Section 34-11-90(a) shall read:
/(a) Convictions in a magistrate's court shall be are punishable as follows:
For a first conviction by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days; for a second conviction by a fine of two hundred dollars or by imprisonment for thirty days; and for a third and each subsequent conviction by imprisonment for thirty days./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3625 -- Rep. Carnell: A BILL TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO ADD A PROVISION REQUIRING A PERSON TO HAVE BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR PRIOR TO THE DATE OF APPLICATION AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.
Rep. CARNELL explained the Bill.
Reps. SIMPSON and TAYLOR objected to the Bill.
Rep. CARNELL continued speaking.
Rep. KLAPMAN objected to the Bill.
Reps. HENDRICKS and SIMPSON withdrew their objections to the following Bill:
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: 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.
Rep. M.O. ALEXANDER withdrew his objection to H. 2177 however, other objections remained upon the Bill.
Reps. HEARN and NEILSON withdrew their objections to S. 97 however, other objections remained upon the Bill.
Reps. AYDLETTE and BAXLEY withdrew their objections to the following Bill:
H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.
Rep. AYDLETTE withdrew his objection to the following Bill:
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.
Reps. T. ROGERS, KEYSERLING and ARTHUR withdrew their objections to the following Bill:
S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.
Rep. J. ROGERS withdrew his objection to the following Bill:
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: 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.
Rep. WHIPPER withdrew her objection to the following Bill:
H. 2929 -- Rep. Blackwell: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN ANY BOARD, COMMISSION, COMMITTEE, OR OTHER ENTITY, WHOSE DUTIES ARE PRESCRIBED BY LAW, WHEN THERE IS NO PROVISION FOR FILLING THE VACANCY.
Rep. WILDER withdrew his objection to H. 2944 however, other objections remained upon the Bill.
Rep. O. PHILLIPS withdrew his objection to the following Bill:
H. 3415 -- Rep. Wells: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO ALLOW COUNTY COUNCILS TO ENACT ORDINANCES REGULATING NOISE IN RESIDENTIAL AREAS AND STRUCTURES AND PROVIDE FOR FINES OF NOT MORE THAN TWO HUNDRED DOLLARS FOR VIOLATIONS.
Reps. HOLT and J. BRADLEY withdrew their objections to the following Bill:
H. 2929 -- Rep. Blackwell: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN ANY BOARD, COMMISSION, COMMITTEE, OR OTHER ENTITY, WHOSE DUTIES ARE PRESCRIBED BY LAW, WHEN THERE IS NO PROVISION FOR FILLING THE VACANCY.
Rep. SIMPSON withdrew his objection to the following Bill:
H. 3625 -- Rep. Carnell: A BILL TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO ADD A PROVISION REQUIRING A PERSON TO HAVE BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR PRIOR TO THE DATE OF APPLICATION AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.
Rep. J. BRADLEY withdrew his objection to the following Bill:
H. 2144 -- Reps. Blackwell, Mattos and M.O. Alexander: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO REVISE THE PERSONS WHO ARE REQUIRED TO MAKE THESE ENDORSEMENTS.
Rep. J. BRADLEY asked unanimous consent to recall H. 2728 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. KLAPMAN objected.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3322 -- Reps. Edwards, D. Martin, White and Clyborne: a BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL OFFICE VACANCIES, SO AS TO PROVIDE FOR ELECTIONS TO BE HELD ON THE SAME DATE IF THEY ARE REQUIRED WITHIN A TWENTY-EIGHT-DAY PERIOD IN THE SAME COUNTY.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2831 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.
Rep. T. ROGERS moved to adjourn debate upon the Senate Amendments until Wednesday, March 2, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. WILKINS explained the Senate Amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. T.M. BURRISS moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 3859 -- Reps. Koon, Felder, Derrick, Sturkie, Klapman, and Arthur: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MR. WOODROW H. TAYLOR OF LEXINGTON COUNTY.
H. 3860 -- Reps. Koon, Felder, Derrick, Sturkie, Klapman and Arthur: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. DOUGLAS ELBERT "BILL" MOSTELLER OF ANDERSON.
H. 3867 -- Reps. Harvin, Snow and Gordon: A CONCURRENT RESOLUTION TO CONGRATULATE BROWN'S BAR-B-QUE OF KINGSTREE IN WILLIAMSBURG COUNTY FOR WINNING FIRST PLACE IN THE COMMERCIAL BARBEQUE DIVISION OF THE SOUTH CAROLINA PALMETTO PIG PICK'N CONTEST HELD FEBRUARY 12, 1988, IN CHARLESTON.
At 12:55 P.M. the House in accordance with the motion of Rep. T.M. BURRISS adjourned to meet at 10:00 A.M. tomorrow.
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