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:
God of grace and glory, in these days of earth's awakening, thrilling and throbbing with the loveliness of Springtime, we thank You for every beauty from which our raptured souls drink as we bend in wonder at the petaled cups held high by bushes aflame with evidence of Your care of nature as well as human nature. In the changing world around with forms and colors that fascinate our senses, may we see this beauty as Your handwriting. Teach us to accept in gratitude that You are the Caretaker continually of the world You have made and all that in it is.
In the Name of Jesus we pray. 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.
March 27, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1101)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 27, 1989 regulations concerning License to Practice Podiatry; Fees to Practice Podiatry Requirements for the Written Examination; Fees for Examination; Procedure for re-examination and Review of Examination from the South Carolina State Board of Podiatry Examiners.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
March 29, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1115)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 29, 1989 regulations concerning Child and Adult Day Care Facilities from the State Budget and Control Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
March 30, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1122)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 30, 1989 regulations concerning license fees from the South Carolina Residential Home Builders Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
March 30, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1072)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 178 of 1977, I have received on March 30, 1989 regulations concerning Group Health Insurance Coordination of Benefits from the South Carolina Department of Insurance.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
March 30, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1124)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 30, 1989 regulations concerning licensing, continuing education and apprenticeships from the State Board of Examiners in Opticianry.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
March 31, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 969)
House of Representatives
Dear Mrs. McKinney:
The South Carolina Wildlife & Marine Resources Department is hereby resubmitting Regulation No. 123.153, Document #969, pertaining to the trawling requirements for the protection of sea turtles. This regulation was referred to the Agriculture and Natural Resources Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The question of a quorum was raised.
A quorum was later present.
On motion of Rep. R. BROWN, the Insurance Law Study Committee Report was received and is printed in the Senate Journal on Friday, March 31.
The following was received from the Senate.
Columbia, S.C., March 29, 1989
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 S. 333:
S. 333 -Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.
Very respectfully,
President
On motion of Rep. RUDNICK, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. NEILSON, R. BROWN, and RUDNICK to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
April 3, 1989
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3501, R-62, an Act:
(R62) H. 3601 - Rep. Davenport: AN ACT APPROVING THE DISSOLUTION OF THE UNA WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S WATER DISTRIBUTION SYSTEM AND ALL RELATED ASSETS TO THE COMMISSIONERS OF PUBLIC WORKS OF THE CITY OF SPARTANBURG AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S SEWERAGE COLLECTION SYSTEM AND ALL RELATED ASSETS TO THE SPARTANBURG SANITARY SEWER DISTRICT, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S FIRE PROTECTION ASSETS TO THE UNA COMMUNITY VOLUNTEER FIRE DEPARTMENT CORPORATION, AN ELEEMOSYNARY CORPORATION CREATED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE AREA WHICH COMPRISES THE UNA WATER DISTRICT; AND TO REPEAL ACT 582 OF 1955 RELATING TO THE UNA WATER DISTRICT.
Although I concur with the intent of this legislation, I must veto it because of an opinion of the Attorney General's Office, a copy of which is enclosed, which states:
"This Office has previously concluded that legislation dissolving a specific special purpose district is unconstitutional. In an opinion dated March 30, 1987, we stated that an Act providing for the dissolution of a rural community water district would most likely contraven Article VIII, Section 7. A copy of this opinion is enclosed."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
March 31, 1989
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of March 29, 1989, you asked for the opinion of this office as to the constitutionality of H. 3501, R-62, an act approving the dissolution of the Una Water District. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas V. Macklen,. 186 S.C. 290, 195 S.E. 539 (1937); Townsend V. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor constitutionality. While this office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
This act approves the dissolution of the Una Water District, a special purpose district in Spartanburg County and confirms the transfer of its water, sewerage and fire protection functions to other entities. It also repeals Act No. 582 of 1955 which established the Una Water District. From the description of the service area of the District as set forth in Section 1 of Act No. 582, it appears that the service area is wholly within Spartanburg County. Thus, H. 3501, R-62 is clearly an act for a specific county.
Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted..." The South Carolina Supreme Court has consistently struck down acts which relate to a specific county as violative of Article VIII, Section 7. See: Cooper River Parks and Playground Commission V. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson V. Craver, 267 S.C. 558, 230, S.E. 2d 228 (1976); Knight V. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
This office has previously concluded that legislation dissolving a specific special purpose district is unconstitutional. In an opinion dated March 30, 1987, we stated that an Act providing for the dissolution of a rural community water district would most likely contravene Article VIII, Section 7. A copy of this opinion is enclosed.
In another opinion dated January 16, 1989, (copy enclosed) we noted that Section 4-9-80 of the Code provides the method for the dissolution of a special purpose district existing prior to Home Rule. However, our Supreme Court has stated that an Act by the General Assembly dissolving a specific special purpose district pursuant to Section 4-9-80 would likely violate Article VIII, Section 7 of the Constitution. See: Spartanburg Sanitary Sewer District V. City of Spartanburg. et al., 283 S.C. 67, 321 S.E. 2d 258 (1984), a copy of which is enclosed. Based upon the Spartanburg case we have concluded that legislation following Section 4-9-80 of the Code would be found to be unconstitutional.
Consistent with the foregoing, we would advise that H. 3501, R-62 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Charles H. Richardson
Assistant Attorney General
Reviewed and approved by:
Robert D. Cook
Executive Assistant for Opinions
March 30, 1987
Timothy J. Trost, Esquire
100 Professional Building
Hilton Head Island, South Carolina 29928
Dear Mr. Trost:
By your letter of March 24, 1987, you have asked that this Office confirm or clarify Opinion No. 2455, dated May 20, 1968, which stated that a rural community water district could not be dissolved or abolished without an act of the General Assembly.
The standard of review for previously-issued opinions of this Office is to determine whether the opinion is clearly erroneous. The law relative to rural community water districts, Chapter 13 of Title 6 of the 1976 Code of Laws, has not been amended since the opinion was written. We are not aware of any Supreme Court decisions construing these laws, either. Therefore, the opinion is not clearly erroneous in light of no more recent legal or legislative action having been taken. The law as expressed therein represents the current opinion of this Office as to the issues raised therein.
One comment is in order as to the response to the third question, which appears to justify special legislation for dissolution or abolition of such districts. Subsequent to the opinion, Article VIII, Section 7 was added to the Constitution of this State; This provision prohibits the enactment of a law for a specific county. Similarly, and added to the Constitution at the same time, Article VIII, Section 10 now prohibits the enactment of a law for a specific municipality. These provisions have been interpreted in such decisions as Richardson V. McCutchen, 278 S.C. 117, 292 S.E. 2d 787 (1982); Torgerson V. Craver, 267 S.C. 558, 230 S.E. 2d 228 (1976); Cooper River Park and Playground Commission V. City of North Charleston, 273 S.C. 639, 259 S.E. 2d 107 (1979) (all construing Article VIII, Section 7) and Ops. Atty. Gen. No. 4055 and 77-129) (construing Article VIII, Section 10; copies enclosed). While in some instances it is possible to justify special legislation, see Ops. Atty. Gen. dated March 10, 1987 and June 16, 1986 (enclosed), it may be preferable, to avoid constitutional difficulties, to seek general legislation to provide a mechanism for the dissolution or abolition of a rural community water district.
With the additional comment as to the constitutional provisions adopted subsequent to the issuance of Opinion No. 2455, we must advise that Opinion No. 2455 is not clearly erroneous and remains the opinion of this Office.
With kindest regards, I am
Sincerely,
Patricia D. Petway
Assistant Attorney General
Reviewed and Approved by:
Robert D. Cook
Executive Assistant for Opinions
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bruce Ferguson Littlejohn McGinnis Wells
Those who voted in the negative are
So the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
March 31, 1989
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3367, R-63, an act:
(R63) H. 3367 - Reps. G. Bailey, Wofford, Kohn and Limehouse: AN ACT TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE LIMITATION ON ANY TRUSTEE SERVING MORE THAN TWO SUCCESSIVE FOUR-YEAR TERMS AND PROVIDE FOR THE NOMINATION OF CANDIDATES TO THE BOARD BY PETITION INSTEAD OF STATEMENT OF CANDIDACY.
This veto is based upon the fact that the provisions of this bill are identical to the provisions of S. 286, R-24, which I signed into law March 12, 1989. It is my view that since the purpose of this bill has already been accomplished, the bill is unnecessary and should be vetoed.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are
Those who voted in the negative are:
Bailey, G. Brown, H. Simpson Wofford
So the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 3806 - Reps. Wilkins, M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A HOUSE RESOLUTION TO EXPRESS APPRECIATION TO YVES TRELLU, PRESIDENT AND CHIEF OPERATING OFFICER OF MICHELIN OF NORTH AMERICA, FOR THE SIGNIFICANT CONTRIBUTIONS HE HAS MADE TO THE STATE OF SOUTH CAROLINA DURING HIS EIGHT AND ONE-HALF YEARS OF LEADERSHIP OF THE PROSPEROUS AND GROWING MICHELIN ENTERPRISE AND TO WISH HIM GOOD HEALTH AND CONTINUED SUCCESS UPON HIS RETURN TO HIS NATIVE FRANCE.
The Resolution was adopted.
On motion of Rep. BLACKWELL, with unanimous consent, the following was taken up for immediate consideration:
S. 600 -- Senators Hayes, Moore, Nell W. Smith, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING APRIL 2, 1989 AS "THE NATIONAL WEEK OF THE YOUNG CHILD" AND TO INVITE ALL SOUTH CAROLINIANS TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, our single most important concern is the future of our children; and
Whereas, they are our most precious commodity, providing us with great love, joy, and enthusiasm; and
Whereas, during the period when the evils of drugs and crime are an ever growing threat to the safety and well-being of our young children, we, now more than ever, must take time to concentrate on them to make sure that they are mentally and physically healthy, properly educated, and drug-free; and
Whereas, because they are the key to the future of our State and Nation, we must continue to encourage and develop their great minds and limitless potential; and
Whereas, it is only fitting that we designate the week beginning April 2, 1989, to specifically concentrate on them and recognize their great achievements and abilities as they thrive to fulfill the great demands this world has placed upon them. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the week beginning April 2, 1989, is designated as the "National Week of the Young Child" and to invite all South Carolinians to observe this week with appropriate ceremonies and activities.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:
S. 598 -- Senators Lourie, Giese, Patterson and Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF APRIL 30 THROUGH MAY 7, 1989, AS "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE NAZI HOLOCAUST" SO AS TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO DAILY STRIVE TO OVERCOME PREJUDICE AND INHUMANITY THROUGH EDUCATION, VIGILANCE, AND CONCERN FOR THEIR FELLOWMAN.
Whereas, from 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Nazism; and
Whereas, the citizens of South Carolina must be ever mindful of the atrocities committed by the Nazis so that these horrors may never be repeated; and
Whereas, South Carolinians continually should rededicate themselves to the principle of equal justice for all people, strive to be eternally vigilant, and recognize that bigotry provides a breeding ground for tyranny to flourish; and
Whereas, last year more than one million Americans, including members of the armed forces both here and abroad, observed the "Days of Remembrance"; and
Whereas, once again, the citizens of the United States will recognize, recollect, and reflect upon the formidable events and lessons of the Holocaust, fifty years after the eve of destruction; and
Whereas, the United States Holocaust Memorial Council is sponsoring the national civic "Days of Remembrance" commemoration ceremony to be held in the Capitol Rotunda, Washington, D.C., on Tuesday, May 2, 1989, Yom Hashoah, the international "Day of Remembrance". The President, Members of Congress, Cabinet Officers, Supreme Court Justices, and representatives of the diplomatic community are scheduled to join survivors, liberators, rescuers, and concerned citizens in this very special observance. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize the week of April 30 through May 7, 1989, as "Days of Remembrance of the Victims of the Nazi Holocaust" so as to encourage the citizens of South Carolina to daily strive to overcome prejudice and inhumanity through education, vigilance, and concern for their fellowman.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 596 -- Senator Mullinax: A CONCURRENT RESOLUTION TO CONGRATULATE THE 1989 PAINTBRUSH DIPLOMATS FROM THE ANDERSON COUNTY ARTS COUNCIL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 597 -- Senator Mullinax: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. MANNA HIGH SCHOOL COMPUTER TEAM IN ANDERSON COUNTY UPON WINNING ITS THIRD CONSECUTIVE STATE TITLE IN COMPETITION WITH COMPUTER TEAMS FROM ALL PUBLIC AND PRIVATE SCHOOLS IN SOUTH CAROLINA MARCH 10, 1989, AT CLEMSON UNIVERSITY.
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. 3807 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE PAYMENT NECESSARY TO RECEIVE CREDIT UNDER THE SYSTEM FOR SERVICE IN THE SOUTH CAROLINA RETIREMENT SYSTEM IS THE ACCUMULATED CONTRIBUTIONS AND INTEREST IN THE SOUTH CAROLINA RETIREMENT SYSTEM PLUS FIVE PERCENT OF CURRENT SALARY FOR EACH FULL YEAR CREDITED PRORATED FOR PERIODS OF LESS THAN A YEAR.
Referred to Committee on Ways and Means.
H. 3808 - Rep. Cork: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF POINT COMFORT PROPERTY OWNERS ASSOCIATION, INC., IN BEAUFORT COUNTY.
On motion of Rep. CORK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3809 - Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1235 SO AS TO REQUIRE A PERSON OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.
Referred to Committee on Labor, Commerce and Industry.
H. 3811 - Reps. Blackwell and Wilkins: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
Referred to Committee on Judiciary.
S. 68 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE CONTRACTORS' LICENSING BOARD OF SOUTH CAROLINA FOR SIX YEARS; TO AMEND SECTION 40-11-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REGULATION OF CONTRACTORS BY THEIR LICENSING BOARD, SO AS TO EXEMPT LICENSED FIRE SPRINKLER, BURGLAR ALARM, AND WELL DRILLING CONTRACTORS; AND TO REPEAL SECTION 40-11-200 RELATING TO AN ANNUAL BIDDER'S LICENSE FEE.
Referred to Committee on Labor, Commerce and Industry.
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
Referred to Committee on Judiciary.
S. 373 -- Senators Holland, Wilson, Matthews and Moore: A BILL TO AMEND SECTION 7-13-325, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME OF A CANDIDATE WHICH MAY APPEAR ON AN ELECTION BALLOT, SO AS TO PROVIDE THAT IF A DERIVATIVE NAME OR NICKNAME IS TO BE USED, THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION MUST BE NOTIFIED IN WRITING.
Referred to Committee on Judiciary.
S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: A BILL TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988.
Referred to Committee on Labor, Commerce and Industry.
S. 492 -- Senator Williams: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOUR HOLES ATHLETIC CLUB, INC., OF ORANGEBURG COUNTY.
On motion of Rep. K. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 555 -- Senator Pope: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE NAME OF THE "MT. PLEASANT" PRECINCT TO THE "CONSOLIDATED NUMBER 5" PRECINCT.
Referred to Newberry Delegation.
S. 562 - Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX, GENERAL REQUIREMENTS FOR RATIO STUDY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
S. 563 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX MAPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1022, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
S. 564 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.
Referred to Committee on Judiciary.
S. 574 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 11-1-70 AND 11-9-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE THEIR INVESTMENT IN SECURITIES ISSUED BY THE AFRICAN DEVELOPMENT BANK.
Referred to Committee on Ways and Means.
S. 589 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-230, 38-81-340, AND 38-83-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURER PARTICIPATION IN THE EXPENSES, PROFITS, AND LOSSES OF THE JOINT UNDERWRITING ASSOCIATIONS FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE, MEDICAL MALPRACTICE LIABILITY INSURANCE, AND LEGAL PROFESSIONAL LIABILITY INSURANCE, SO AS TO ELIMINATE THE CAPPING PROVISIONS ON PARTICIPATION BY AN INDIVIDUAL INSURER AT ONE PERCENT OF ITS SURPLUS TO POLICYHOLDERS AND TO PROVIDE FOR DEFERRAL OF PAYMENTS OF ASSESSMENT UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 594 -- Senator Land: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER OF THE SYSTEM WHO IS AN ELECTED OFFICIAL WHOSE ANNUAL COMPENSATION IS LESS THAN THE EARNINGS LIMITATION BELOW WHICH A RETURN TO COVERED EMPLOYMENT DOES NOT AFFECT THE RECEIPT OF BENEFITS AND WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIREMENT MAY RETIRE WITHOUT A BREAK IN SERVICE.
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 Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Glover Gordon Gregory Hallman Harris, P. Harwell Haskins Hayes Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on April 4, 1989.
James H. Hodges Roland S. Corning T.M. Burriss Alex Harvin Samuel R. Foster Larry Gentry C. Lenoir Sturkie Jean L. Harris William D. Boan Steve Lanford J. Derham Cole E.B. McLeod, Jr. John B. Williams John J. Snow, Jr.
DOCTOR OF THE DAY
Announcement was made that Dr. Vince Degenhart of Columbia is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3790 -- Reps. McLellan and T.C. Alexander: A BILL TO DESIGNATE A ROAD IN OCONEE COUNTY AS THE SAMUEL BRUCE ROCHESTER MEMORIAL HIGHWAY".
H. 3565 - Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.
Rep. T.M. BURRISS explained the Bill.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 400 - Finance Committee: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REQUIRED AMOUNT FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3758 - Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO TANDEM TRAILER COMBINATIONS AND OTHER LARGER VEHICLE ACCESS CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3759 - Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO HIGHWAY ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1051, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 504 -- Fish, Game and Forestry Committee: A BILL TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE, SO AS TO SPECIFY THE SPECIES OR GROUPS OF SPECIES OF NONDOMESTIC ANIMALS WHOSE IMPORTATION IS REGULATED AND WHICH ANIMALS ARE EXEMPT FROM REGULATION.
The following Bill was taken up.
H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Rep. T.M. BURRISS explained the Bill.
Reps. RUDNICK, BLANDING and BAXLEY objected to the Bill.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 5, which was adopted.
H. 3084 -- Rep. Sturkie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE BEACH MANAGEMENT TRUST FUND; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-715 SO AS TO PROVIDE AN ADDITIONAL ACCOMMODATIONS TAX IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, AND HORRY COUNTIES AND PROVIDE FOR THE USE OF ITS PROCEEDS.
The following Bill was taken up.
H. 3417 -- Reps. M.D. Burriss and McCain: A BILL TO AMEND SECTION 50-21-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO DELETE THE RESTRICTION ON THE USE OF AIRBOATS ON THE DESIGNATED PORTION OF LAKE MARION AND SANTEE SWAMP DURING THE SEASON FOR HUNTING WATERFOWL.
Reps. J. BAILEY and RAMA objected to the Bill.
The following Bill was taken up.
H. 3532 -- Reps. Sharpe and McCain: 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 House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0071R), which was adopted.
Amend the bill, as and if amended, Section 48-43-30 of the 1976 Code, by adding at the end of item (6):
/"Prior to issuance of drilling permits for methane gas recovery from sanitary landfills, the commission shall obtain certification from the Department of Health and Environmental Control that the proposed activity is consistent with the Department of Health and Environmental Control requirements governing the operation, monitoring and maintenance of such landfills including but not limited to Regulation 61-66, Regulation 61-70 and applicable permit conditions."/
Amend the bill further, by adding after Section 2:
/SECTION 3. The 1976 Code is amended by adding:
"Section 58-5-35. Public utilities and pipeline companies engaged in the extraction, processing, distribution, or sale of landfill gas (LFG) derived from sanitary landfills, which provide this gas to no more than twenty customers from any single landfill, are exempt from regulation by the Commission."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3471 -- Reps. Keyserling, J. Harris and T. Rogers: A BILL TO AMEND TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING CHAPTER 6 SO AS TO CREATE THE ART IN STATE BUILDINGS PROGRAM WHICH PROVIDES FOR THE ACQUISITION OF WORKS OF ART FOR THE NEWLY CONSTRUCTED OR RENOVATED STATE-OWNED OR LEASED FACILITIES, TO PROVIDE FOR THE EXPENDITURE OF ONE-HALF OF ONE PERCENT OF THE AMOUNT APPROPRIATED FOR ANY STATE PUBLIC CONSTRUCTION OR RENOVATION PROJECT, WITH EXCEPTIONS, TO ALLOCATE FUNDS FOR THE PROGRAM, TO ESTABLISH A PROCEDURE FOR CHOOSING THE WORKS OF ART, PROVIDE FOR EXPENDITURES IN THE PROGRAM, AND ESTABLISH ARTISTS' RIGHTS IN CONNECTION WITH THE PROGRAM.
Rep. McABEE explained the Bill.
Reps. McEACHIN, KIRSH, J.W. JOHNSON and T.M. BURRISS objected to the Bill.
Rep. SHARPE moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the Speaker in the chair.
The question of a quorum was raised.
A quorum was later present.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 202 -- Finance Committee: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND COLLECTION OF TAXES, BY ADDING ARTICLE 5, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS.
H. 3667 - Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.
Rep. HEARN explained the Bill.
H. 3770 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 12-27-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ETHANOL MOTOR FUEL TAX INCENTIVE, SO AS TO ADD CORN AND ITS BY-PRODUCTS TO THE LIST OF FEED STOCKS IN THE DEFINITION OF FUEL ETHANOL, PROVIDE THAT TO QUALIFY FOR THE INCENTIVE THE PRINCIPAL FEED STOCK FROM WHICH FUEL ETHANOL IS DISTILLED MUST BE GROWN IN THIS STATE, AND TO DELETE THE RECIPROCITY PROVISION WHICH GIVES INCENTIVES TO PRODUCERS OF FUEL ETHANOL PRODUCED OUTSIDE OF THIS STATE.
Rep. SNOW explained the Bill.
H. 3777 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LONG-TERM CARE INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1071, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. NEILSON explained the Joint Resolution.
H. 3781 - Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-28-10, 40-28-40, 40-28-80, 40-28-100, 40-28-110, 40-28-120, 40-28-140, 40-28-160, 40-28-170, 40-28-180, 40-28-190, AND 40-28-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF "LANDSCAPE ARCHITECT" AND "LANDSCAPE ARCHITECTURE", TO REQUIRE MEMBERS OF THE COUNCIL APPOINTED BY THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS TO BE REGISTERED LANDSCAPE ARCHITECTS, TO CHANGE REFERENCES TO CERTIFICATES TO CERTIFICATES OR LICENSES, TO CHANGE QUALIFICATION AND EXAMINATION REQUIREMENTS FOR LICENSURE, TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY A PARTNERSHIP OR CORPORATION, TO CHANGE FEES, AND TO CHANGE PENALTY PROVISIONS.
H. 3801 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KIRSH explained the Joint Resolution.
H. 3802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO SALES TAX ON SUBSCRIPTION PUBLICATIONS, MICROFILM OR MICROFICHE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1023, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 29, TITLE 1 OF THE 1976 CODE.
Rep. KIRSH explained the Joint Resolution.
The following Bill was taken up.
H. 3077 - Reps. Kirsh and McLellan: A BILL TO REPEAL SECTIONS 12-27-430 AND 12-27-431, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX AND TAX CREDITS ON FUEL ETHANOL BLENDS.
Rep. BENNETT moved to commit the Bill to the Committee on Agriculture and Natural Resources.
Rep. McLELLAN moved to table the motion to commit.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Brown, H. Farr Harris, P. Jaskwhich McLellan Williams, J. Wofford
Those who voted in the negative are:
Alexander M.O. Alexander, T.C. Bailey, K. Baker Barber Barfield Beasley Bennett Blackwell Brown, G. Bruce Carnell Chamblee Cole Corbett Cork Derrick Felder Ferguson Gentry Glover Gordon Hallman Harris, J. Hayes Hendricks Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Klapman Koon Lanford Littlejohn Lockemy Manly Mappus Martin, L. McAbee McEachin McGinnis McLeod McTeer Moss Nesbitt Nettles Quinn Rama Rogers, J. Rudnick Sharpe Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Whipper Wilder Wilkes Wright
So. the House refused to table the motion to commit the Bill.
The question then recurred to the motion to commit the Bill to the Committee on Agriculture and Natural Resources, which was agreed to.
The following Bill was taken up.
H. 3695 -- Labor, Commerce and Industry: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-67-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Rep. J. ROGERS moved to divide the question Section by Section, which was agreed to by a division vote of 107 to 1.
Rep. J. ROGERS moved that he be allowed to note a motion daily to reconsider each Section adopted, which was agreed to.
Reps. R. BROWN, KOHN and LIMEHOUSE explained the Bill.
Reps. J. BAILEY and MARVIN spoke upon the Bill.
Rep. BLANDING inquired about what the members were speaking on.
The SPEAKER stated that the members were speaking for the first time on the Bill.
Reps. MAPPUS and T.C. ALEXANDER spoke in favor of the Bill.
Rep. WASHINGTON spoke against the Bill.
Rep. T.M. BURRISS spoke in favor of the Bill.
Rep. KEESLEY proposed the following Amendment No. 44 (Doc. No. 3282U).
Amend the bill, as and if amended, page 4, by striking lines 16 through 24.
Amend title to conform.
Rep. KEESLEY explained the amendment.
Rep. LIMEHOUSE moved to adjourn debate upon the amendment, which was adopted.
Reps. J. BAILEY, T. ROGERS and J. ROGERS proposed the following Amendment No. 7 (Doc. No. 3159U), which was ruled out of order.
Amend the bill, as and if amended, by striking Section 2, page 4, lines 41 and 42, and inserting:
/SECTION 2A. Section 38-73-1350 of the 1976 Code is amended to read:
"Section 38-73-1350. Cooperation among rating advisory organizations or among rating advisory organizations and insurers in rate making or in other matters within the scope of this chapter is not authorized, so long as the filings resulting from the cooperation are subject to all the provisions of this chapter which are applicable to filings generally. The commissioner may review such cooperative activities and practices, and, if, after a hearing, he finds that any activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he may issue a written order specifying in what respects the activity or practice in unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of the activity or practice except to the extent that these organizations may compile and disseminate only historic loss data with no mathematical manipulations."
B. Section 38-73-920 of the 1976 Code is amended to read:
"Section 38-73 920. No insurer may make or issue a contract or policy except in accordance with the filings which are in effect for the insurer as provided in this chapter or in accordance with Section 38-73-1060. Notwithstanding Section 38-73-10, item (2) of Section 38-73-330, and item (4) of Section 38-73-430, filings for property and casualty rate increases may not be approved for any insurer or rating organization for any line, sub-line, or otherwise identifiable property and casualty insurance coverage for which a rate increase has previously been granted within the immediately preceding twelve months. However, if satisfactory evidence is presented to the commissioner by an insurer or rating organization that the continued use of the previously approved rates for the line, sub-line, or otherwise identifiable property and casualty insurance coverage may result in the insolvency of an insurer, more frequent rate increases may be approved. This section does not apply to contracts or policies for inland marine risks as to which filings are not required."
C. Sections 38-73-510, 38-73-530, 38-73-1210, 38-73-1270, 38-73-1280, 38-73-1290, 38-73-1310, 38-73-1320, 38-73-1330, 38-73-1340, 38-73-1360, and 38-73-1540 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE: "After reading his Amendment, he strikes Section 2, beginning on lines 41 and 42, but he's not striking Section 2, lines 38 and 39, which references Section 38-77-30 (4) of the Code, therefore, we would have the pure cost component in the middle of the Code Section."
SPEAKER: "What you're citing to me is in here as an inartful draftor of the Amendment. Other than that, what are you telling me?"
Rep. LIMEHOUSE: "It belongs in Section 50. Mr. Beasley's suggestion of germaneness to the Section since it references Section 38-77-30."
SPEAKER: "Are you raising a Point of Order now?"
Rep. LIMEHOUSE: "I am raising a Point of Order."
SPEAKER: "Tell me your Point."
Rep. LIMEHOUSE: "The Amendment will create, in the middle of Section 38-77-30 (4), a new Code Section that is completely unrelated to the definition of damages."
SPEAKER: "That is inartful drafting. You have already tried that once. What's your Point? If he wants to mess up that Code Section and the House wants to agree with him to mess up that Code Section, then he has the right to do that. I overrule the Point of Order."
Rep. R. BROWN: "I raise the Point of Order that Amendment No. 7 is not germane, that, when you are debating it Section by Section, that it has to be germane to the Section. This Amendment is not germane to Section 2 of the Bill under consideration."
SPEAKER: "As I understand your Point, Mr. Brown, you're saying that his Amendment is not germane to Section 2 and therefore, ought not be allowed."
Rep. R. BROWN: "Just like under the Appropriations Bill."
SPEAKER: "But, the Rules provide differently for the Appropriations Bill. It is a matter of whether or not germaneness applies to the subject matter in the Bill, and to the Title. I'm looking to see if we've had the question arise before. The problem I'm having, Mr. Brown, is, suppose Mr. Bailey just wanted to reorganize your Section, suppose he wanted to make Section 50 to number 2. If his Amendment deals with the subject matter that is in the Bill, then I don't know why he ought to be held to your order of consideration in the Bill."
Rep. BEASLEY: "I think you lost that option when you divided the Bill into Sections. That is the decision that the House made."
SPEAKER: "What do I do, then, with the Amendments that add a new section and there's nothing in the Bill. Can you raise the Point that that's not germane because it doesn't amend a Section in the Bill?"
Rep. BEASLEY: "Absolutely not, if it's relevant to the total contents of the Bill, then it should be considered at the end of all sections having been considered."
SPEAKER: "Mr. Jaskwhich, what purpose do you rise?"
Rep. JASKWHICH: "Rule 5.2, second paragraph, every bill or joint resolution which shall propose the amendment, shall, in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution. Is this pertinent?"
SPEAKER: "No sir, that is not pertinent to this debate. The question is whether or not his Amendment is germane to the Section by virtue of the House having divided the question, then each Amendment to each Section has to be germane as alleged by Mr. Brown. As I understand it, each Amendment has to be germane to the subject matter of each Section. He is not allowed the option of substituting a Section dealing with a separate matter, topic matter. Am I stating your Point correctly, Mr. Brown? You got a Rule you want to cite me about that? Yes sir, Mr. Haskins?"
Rep. HASKINS: "Having looked at the House Rules, it maybe that this specific question is not answered in there, however, in Mason's, Section 402, subsection 1, reads 'every amendment proposed must be germane to the subject of the proposition or to the section or paragraph to be amended, and an amendment is not in order which is not germane to the question to be amended' and in this case, it is an amendment of a specific section. We've divided the question into sections, and I would agree that it would not be germane to this section and therefore, would be out of order."
SPEAKER: "Do you want to speak to that Point, Mr. McEachin?"
Rep. McEACHIN: "Mr. SPEAKER, under Rule 9.3 of the House, there is a Proviso that says nothing prevents the adoption of an amendment which rewrites the Bill in its entirety. If the amendment is rewriting the Section in its entirety, under 9.3, it seems our Rules will provide for that."
SPEAKER: "So long, however, Mr. McEachin, as it is germane to the title of the Bill. So, if it's divided, how do I get around that this is not germane to the subject matter, if each Section has to be germane, in essence, has a title, and now that the question is divided, then how do I get around that second provision in that sentence under Rule 9.3.? Mr. Felder, you want to speak to that?"
Rep. FELDER: "Mr. SPEAKER, would you not amend the title to conform?"
SPEAKER: "Well, you don't amend the title to the section. We're not dealing with the normal rules in dealing with a Bill. What, in essence, we've got now is however many sections there are, then we've got that number of Bills, even though we've done that for ease of consideration by the House, we've got to get some regular normal procedure to protect the House itself."
Rep. FELDER: "Mr. SPEAKER, as I was saying, as the question was divided, the content of the Bill, the title was not divided."
SPEAKER: "I understand that. But, if you had a Bill dealing with pink automobiles, then I wouldn't let you strike the title, strike the substance, and deal with black trucks, and then say we amended the title to deal with black trucks, instead of pink automobiles. Yes, Mr. Brown?"
Rep. R. BROWN: "Mr. SPEAKER, I would refer you to Rule 9.3, which says that no motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless it refers to the intent of the motion or proposition under consideration. So, I would submit that this Amendment does not refer to the intent of the motion or proposition which is under consideration, which is Section 2, dealing with punitive damages."
SPEAKER: "I sustain the Point of Order, the Amendment is out of order."
Section 1 was adopted.
Rep. LIMEHOUSE explained the Section.
Reps. HARWELL and J. BAILEY spoke against the Section.
Reps. R. BROWN and LIMEHOUSE spoke in favor of the Section.
Rep. HUFF moved to table the Section.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Barber Baxley Bennett Blanding Brown, J. Burch Carnell Clyborne Cole Corbett Faber Fant Farr Felder Ferguson Foster Gentry Glover Gregory Harris, J. Harvin Harwell Hayes Hodges Huff Johnson, J.W. Kay Keesley Keyserling Lockemy Martin, D. Mattos McAbee McBride McEachin McElveen McLeod McTeer Nesbitt Nettles Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Taylor Tucker Waites Washington Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barfield Beasley Blackwell Boan Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Corning Davenport Derrick Fair Hallman Harris, P. Haskins Hearn Hendricks Holt Jaskwhich Johnson, J.C. Keegan Kirsh Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, L. McCain McGinnis McLellan Neilson Quinn Rama Sharpe Simpson Snow Stoddard Sturkie Townsend Vaughn Wells Winstead Wofford Wright
So, the Section was tabled.
Rep. T.C. ALEXANDER explained the Section.
Rep. J. BAILEY spoke in favor of the Section.
Section 3 was adopted.
Reps. R. BROWN, KOHN, T. ALEXANDER, MARVIN, LIMEHOUSE and MAPPUS proposed the following Amendment No. 4 (Doc. No. 3239U), which was adopted.
Amend the bill, as and if amended, p. 6, by striking line 32 and inserting:
/policy under which the insured might/
Amend further, p. 6, by striking line 35 and inserting:
/the same policy may not under any/
Amend further, p. 7, by striking line 10 and inserting:
/by a policy does not apply to the named/
Amend further, p. 7, by striking line 18 and inserting:
/afforded by the policy under which he is insured/
Amend further, p. 10, by striking line 6 and inserting:
/on the policy under which the/
Amend further, p. 10, by striking lines 10 and 11 and inserting:
/vehicles insured under the same policy be added together, combined with, or/
Amend further, p. 10, by striking lines 15-32 and inserting:
/(D) If more than one policy applies, the following order of priority applies: (1) a policy covering a motor vehicle occupied by the insured person at the time of the accident; (2) a policy covering a motor vehicle not involved in the accident under which the injured person is a named insured: (3) a policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured. The underinsured/
Amend further, p. 10, by striking lines 35-37 and inserting:
/occupying a motor vehicle owned by the insured or resident spouse if the/
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. J. BAILEY spoke in favor of the amendment.
The amendment was then adopted.
Rep. J. BAILEY spoke against the Section.
Rep. LIMEHOUSE spoke in favor of the Section.
Rep. HUFF moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Section 4, as amended, Rep. LIMEHOUSE having the floor.
Rep. J. ROGERS moved to reconsider the vote whereby Sections 1 and 3 were adopted and the motion was noted.
At 5:05 P.M. the House in accordance with the motion of Rep. HUFF adjourned to meet at 10:00 A.M. tomorrow.
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