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:

Eternal God and Father, Who in goodness has brought us to another week, help us to do our duties well, to carry our responsibilities in keeping with Your will, and to make our decisions with sincerity of mind guided by Your truths. Keep clear from us all pretense, deceit and hypocrisy. Grant us the wisdom to know what we should do and the determination to do it. Undergird our lives that we may walk the high road of noble purpose faithfully, and with outreached understanding as we seek to heal the wounds of the human family.

As we travel unknown paths, may we move forward with a firm faith in the reality of goodness and truth with an abiding assurance that You are near to sustain us. 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 was received.
Columbia, S.C., April 6, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 400:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3224 -- Reps. J. Brown, Washington, Felder, J. Bailey, White, D. Martin, Harvin, Glover, K. Bailey, Taylor, McBride, Davenport, Altman, Mattos, Gordon, Font and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3636 -- Rep. Lockemy: A BILL TO AMEND SECTION 44-6-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT AND, AMONG OTHER THINGS, TO CONFIDENTIAL INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF UNIFORM BILLING SYSTEM DATA AND OTHER NECESSARY DATA WITH PATIENT AND HOSPITAL IDENTIFICATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT DISEASE AND INJURY SURVEILLANCE STUDIES, RESTRICT THE RELEASE OF THE INFORMATION PROVIDED TO THE DEPARTMENT, AND ALLOW THE DEPARTMENT TO PUBLISH THE RESULTS OF ITS SURVEILLANCE STUDIES; AND TO AMEND SECTION 44-6-180, RELATING TO THE MEDICALLY INDIGENT ASSISTANCE ACT AND THE CONFIDENTIALITY OF PATIENT RECORDS, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED AS LIMITING ACCESS TO INFORMATION NEEDED BY THE DEPARTMENT TO CONDUCT DISEASE AND INJURY SURVEILLANCE STUDIES.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3527 -- Rep. Lockemy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-31-60 AND 6-1-60 SO AS TO PROHIBIT AN ENTITY SUPPLYING WATER TO SUBSCRIBERS FROM BILLING THE OWNER OF THE PROPERTY FOR WATER SUPPLIED TO LESSEES OF THE PROPERTY WHO HAVE SUBSCRIBED FOR WATER AND WHO HAVE NOT PAID FOR THE WATER SUPPLIED.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3240 -- Rep. Limehouse: A BILL TO REPEAL SECTIONS 17-7-50 AND 17-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A CORONER OR MAGISTRATE FROM HOLDING AN INQUEST OVER A DEAD BODY EXCEPT UPON THE WRITTEN REQUEST OF TWO REPUTABLE CITIZENS RESIDING IN THE NEIGHBORHOOD WHERE THE DEAD BODY IS FOUND, AND TO THE PROVISIONS WHICH MAKE SECTION 17-7-50 NOT APPLICABLE TO COUNTIES IN WHICH CORONERS ARE PAID SALARIES, WITH CERTAIN EXCEPTIONS.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3612 -- Rep. M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-35 SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO PRESERVE AND PROTECT ABANDONED CEMETERIES.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 237 -- Senators Lee, Horace C. Smith, Leventis, Thomas, Giese, Setzler, Wilson, Courson, Peeler, Shealy, Stilwell, Pope, Hayes, Saleeby, Patterson, Bryan, Land, Matthews, Drummond, McConnell, Leatherman, Lourie, McLeod and Fielding: A BILL TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT THE CHIEF DEPUTY OR SECOND-IN-COMMAND OF THE SHERIFF'S OFFICE SHALL ACT AS SHERIFF, AND IS SUBJECT TO THE DUTIES AND LIABILITIES INCIDENT TO THE OFFICE OF SHERIFF, UNTIL THE VACANCY IS FILLED; AND TO REPEAL SECTIONS 23-11-50, 23-11-60, 23-11-70, 23-11-80, 23-11-90, AND 23-11-100 RELATING TO THE RESPONSIBILITIES OF THE COUNTY CORONER AND CLERK WHEN THERE IS A VACANCY IN THE OFFICE OF SHERIFF.

Ordered for consideration tomorrow.

Rep. FARR, from the Union Delegation, submitted a favorable report, on:

H. 3705 -- Rep. Farr: A BILL TO PROVIDE FOR NINE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES, PROVIDE FOR ELECTION OF MEMBERS IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, PROVIDE FOR DEFINED SINGLE-MEMBER ELECTION DISTRICTS WITH ONE TRUSTEE EACH, PROVIDE FOR THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES ON THE BOARD, PROVIDE FOR THE EXPIRATION OF THE TERMS OF CURRENT MEMBERS, AND PROVIDE THAT IF A MEMBER OF THE BOARD MOVES HIS RESIDENCE FROM THE SINGLE-MEMBER ELECTION DISTRICT FROM WHICH HE WAS ELECTED, HIS OFFICE BECOMES VACANT AUTOMATICALLY; AND TO REPEAL ACTS 615 AND 616 OF 1984, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND NONPARTISAN ELECTIONS, TERMS OF OFFICE OF THE MEMBERS SO ELECTED, THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED, AND THE MANNER IN WHICH VACANCIES MUST BE FILLED.

Ordered for consideration tomorrow.

The following was introduced:

H. 3842 -- Reps. Hearn, Haskins, Baker, H. Brown, Bruce, M.D. Burriss, T.M. Burriss, Clyborne, Cole, Corbett, Cork, Corning, Davenport, Fair, Hallman, Keegan, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, McCain, Quinn, Rama, Sharpe, Simpson, Sturkie, Vaughn, Wells, Wilkins, Winstead, Wofford, Wright, Klapman, Derrick and Jaskwhich: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY ON BEHALF OF ALL THE PEOPLE OF SOUTH CAROLINA TO SENATOR STROM THURMOND FOR HIS SIXTY YEARS OF PUBLIC SERVICE BENEFITING THE PEOPLE OF HIS COMMUNITY, STATE, AND NATION.

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. 3843 -- Reps. Wofford, Hallman and J. Williams: A JOINT RESOLUTION TO PROVIDE FOR A MEMORIAL TO BE ERECTED ON THE STATE HOUSE GROUNDS TO RECOGNIZE SOUTH CAROLINIANS WHO HAVE BEEN VICTIMS OF VIOLENT CRIMES.

Referred to Committee on Ways and Means.

H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.

Referred to Committee on Judiciary.

H. 3845 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO THE PRACTICE OF PHYSICAL THERAPY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3846 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1081, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3847 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES BY SETTING FORTH RELATED DEFINITIONS, LICENSING AND REGULATING REQUIREMENTS, FINANCIAL DUTIES, DISCLOSURE REQUIREMENTS, THE ESTABLISHMENT OF A COMPLAINT SYSTEM, BILLING REQUIREMENTS, EXAMINATION OF THE COMMUNITIES, EXEMPTIONS, ESTABLISHMENT OF AN ESCROW ACCOUNT, SANCTIONS FOR NONCOMPLIANCE, THE APPEAL PROCESS, PENALTIES FOR VIOLATIONS, A WAIVER OF REQUIREMENTS, AND EFFECTIVE DATE OF CHAPTER REQUIREMENT FOR CERTAIN COMMUNITIES.

Without reference.

H. 3848 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SIXTEEN YEARS AND SIX MONTHS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO FIFTEEN YEARS AND SIX MONTHS AND TO REQUIRE A REPORT ON THE EFFECT OF THE AGE INCREASE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY THIRTY MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS AND FOR ADDITIONAL HIGHWAY SAFETY PROGRAMS; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE SIX-POINT ASSESSMENT FOR DRIVING THROUGH AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION, TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS, TO PROVIDE THAT THE INSURER GIVE NOTICE OF CANCELLATION OR EXPIRATION OF LIABILITY INSURANCE COVERAGE IN ANOTHER MANNER ACCEPTABLE TO THE DEPARTMENT IN ADDITION TO CERTIFIED MAIL, AND PROVIDE THAT THE DEPARTMENT MUST GIVE NOTICE OF CANCELLATION OR SUSPENSION OF REGISTRATION PRIVILEGES TO THE VEHICLE OWNER BY FIRST CLASS INSTEAD OF CERTIFIED MAIL; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE IS MANDATORY, SO AS TO INCREASE PENALTIES FOR PERSONS CAUGHT DRIVING WHO NEVER HAD A LICENSE AND WHO HAVE BEEN CONVICTED PREVIOUSLY OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WOULD HAVE BEEN MANDATORY IF HE HAD BEEN LICENSED TO DRIVE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES FOR RECKLESS DRIVING AND ESTABLISH SEPARATE PUNISHMENT WITH INCREASED PENALTIES INCLUDING A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF FIRST OFFENSE RECKLESS DRIVING WHICH RESULTS IN PERSONAL INJURY TO ANOTHER PERSON AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME AND INCREASE THE MAXIMUM PUNISHMENT FROM FIVE TO TEN YEARS; TO AMEND SECTION 56-5-2950 RELATING TO DRUG AND ALCOHOL TESTING, SO AS TO REQUIRE DRIVERS INVOLVED IN ACCIDENTS RESULTING IN DEATH TO SUBMIT TO DRUG OR ALCOHOL TESTING; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL, IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN A VEHICLE OR BOAT ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE PENALTIES AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS OR LIKE SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO OPERATE A VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2931 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN A MEASURABLE ALCOHOL CONTENT IS IN THE PERSON'S BLOOD, TO PROVIDE FOR IMPLIED CONSENT TO TESTS, PROCEDURES RELATING TO ADMINISTERING THE TESTS, AND PENALTIES FOR REFUSAL TO SUBMIT TO TESTS; TO AMEND SECTION 56-5-2945, RELATING TO ACCIDENTS RESULTING IN GREAT BODILY INJURY OR DEATH, SO AS TO MAKE THE PROVISIONS APPLY TO OPERATING A VEHICLE INSTEAD OF DRIVING A VEHICLE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION TO INCLUDE VIOLATIONS OF SECTIONS 56-1-350, 56-1-450, 56-1-460(a)(1) AND (b)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, 56-5-2931, AND 56-5-2940(1), 56-5-6190, AND FOR FIRST AND SECOND OFFENSES ONLY VIOLATIONS OF SECTIONS 56-9-340, 56-10-240, 56-10-250, 56-10-260, AND 56-10-270; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, AND 56-7-20 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.

Without reference.

H. 3849 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 15 SO AS TO PROVIDE A LIMIT ON LIABILITY FOR INJURIES RESULTING FROM THE ADMINISTRATION OF CERTAIN VACCINES TO CHILDREN.

Referred to Committee on Judiciary.

H. 3850 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO PROVIDE A UNIFORM DEDUCTION OF FIVE THOUSAND DOLLARS OF THE PENSION BENEFITS OF FEDERAL CIVILIAN AND MILITARY RETIREES, RETIREES OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND RETIREES UNDER SOUTH CAROLINA MUNICIPALITIES AND COUNTIES SEPARATE GROUP RETIREMENT PLANS; TO AMEND SECTIONS 9-1-1680, AS AMENDED, 9-8-190, 9-9-180, and 9-11-270, RELATING TO THE TAX EXEMPTION ALLOWED RETIREMENT BENEFITS OF THE VARIOUS STATE RETIREMENT SYSTEM, SO AS TO DELETE THE EXEMPTION FROM THE STATE INDIVIDUAL INCOME TAX; AND TO REPEAL SECTION 12-7-436, RELATING TO THE PHASE-IN OF THE FORMER THREE THOUSAND DOLLAR EXCLUSION.

Referred to Committee on Ways and Means.

H. 3851 -- Reps. Gordon and Whipper: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE REQUIREMENTS FOR ATTENDANCE IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROVIDE THAT STUDENTS MAY ENTER THE FIRST GRADE IF THEY WILL ATTAIN THE AGE OF SIX ON OR BEFORE DECEMBER 31 OF THE APPLICABLE SCHOOL YEAR.

Referred to Committee on Education and Public Works.

H. 3852 -- Rep. McLellan: A BILL TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.

Referred to Committee on Ways and Means.

S. 201 -- Senators Lindsay, McConnell, Lourie, Williams, Martin, O'Dell and Mullinax: A BILL TO AMEND SECTIONS 58-13-910 AND 58-13-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES OF RAILWAYS OR OTHER COMMON CARRIERS, SO AS TO PROVIDE THAT THEY MAY BE RESIDENTS OF OTHER STATES IF THEY ARE COMMISSIONED IN OTHER STATES WHERE THE RAILWAY OR COMMON CARRIER OPERATES AND MEET LAW ENFORCEMENT TRAINING STANDARDS OF THIS STATE AND THAT THE COMMISSIONS OF RESIDENTS EXTEND BEYOND THE TERM OF THE APPOINTING GOVERNOR.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 464 -- 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. 465 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROVIDE THAT A PERSON REQUIRED TO HAVE A WHOLESALE DEALER'S LICENSE WHO ENGAGES IN SHUCKING OR PROCESSING BIVALVE MOLLUSKS SHALL USE, OR MAY TRANSFER TO ANOTHER PERSON FOR USE, ALL SHELLS GENERATED AS THE RESULT OF THE SHUCKING OR PROCESSING FOR SHELLFISH CULTIVATION AND PLANTING OPERATIONS AND TO PROVIDE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

S. 469 -- Senator Drummond: A BILL TO AMEND SECTION 50-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF GAME OR FISH UNLAWFULLY TAKEN, SO AS TO PROVIDE THAT WILDLIFE COMING INTO THE POSSESSION OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY BE DISPOSED OF IN THE DISCRETION OF THE DEPARTMENT.

Referred to Committee on Agriculture and Natural Resources.

S. 490 - Senator Martschink: A BILL TO REPEAL SECTION 50-21-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE OPERATION OF AIR BOATS.

Referred to Committee on Agriculture and Natural Resources.

S. 497 -- Senators Nell W. Smith, Moore and Hayes: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO PROVIDE FOR BOARD MEMBERS TO RECEIVE SUBSISTENCE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 539 -- Senator Gilbert: A BILL TO AMEND ACT 271 OF 1986, RELATING TO THE AREAS AND BOUNDARIES FOR CERTAIN SCHOOL DISTRICTS IN FLORENCE COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE TAX MILLAGE LEVIED AND COLLECTED FOR THE BENEFIT OF THE FIRE DISTRICT IN FLORENCE COUNTY TO BE BASED ON THE SCHOOL DISTRICT BOUNDARY LINES AS THEY EXISTED BEFORE BEING AMENDED BY THE PROVISIONS OF THAT ACT.

Referred to Florence Delegation.

S. 691 -- Senator Bryan: A BILL TO AMEND ACT 879 OF 1966, AS AMENDED, RELATING TO THE LAURENS COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO PROVIDE THAT THE TEN RESIDENT ELECTORS COMPOSING THE COMMISSION MUST BE APPOINTED AT LARGE BY THE GOVERNOR.

Referred to Laurens Delegation.

S. 595 -- Senator Macula: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION OF MOTOR VEHICLES, THE MONETARY PENALTIES FOR LATE REGISTRATION, AND THE CRIMINAL PENALTIES FOR OPERATING AN UNLICENSED VEHICLE, SO AS TO PROVIDE THAT THE MONETARY PENALTIES FOR LATE REGISTRATION MAY NOT BE IMPOSED AGAINST THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS.

Referred to Committee on Education and Public Works.

S. 613 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO SPECIES OR SUBSPECIES OF NONGAME WILDLIFE, DESIGNATED AS REGULATION DOCUMENT NUMBER 988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture and Natural Resources.

S. 614 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO OPERATIONS OF FIELD TRIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1103, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture and Natural Resources.

S. 627 -- Senator Patterson: A BILL TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED IN COMPLIANCE WITH THE EDUCATION IMPROVEMENT ACT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE.

Referred to Committee on Education and Public Works.

The following was received.

The General Assembly, Columbia, S.C., April 6, 1989

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3366 --A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 2/14/89--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 26-1-20 of the 1976 Code is amended to read:

"Section 26-1-20. No notary public shall be appointed except upon at least Each count legislative delegation shall determine whether the endorsement of notaries public must be by (1) one-half of the members of the legislative delegation representing that county in which the applicant resides or. (2) endorsement by the Senator and Representative in whose district the applicant resides. without other endorsers. Each County legislative delegation shall notify the Secretary of State in writing if it chooses to utilize method (2) within the individual county. If the county legislative delegation chooses to utilize method (2), the applicant, Senator. and Representative shall indicate their respective districts on the application Provided to the Secretary of State. If the office of Senator or Representative from that district is vacant at the time the application is submitted. the notary public may be appointed upon the endorsement of a majority of the legislative delegation representing the County in which the applicant resides.

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Edward E. Saleeby              /s/David H. Wilkins
/s/Thomas H. Pope, III            /s/Dill Blackwell
/s/H. Samuel Stilwell             /s/J. Michael Baxley
On Part of the Senate              On Part of the House.

Rep. WILKINS explained the report.

The report was adopted and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., April 6, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference:
H. 3355 -- Rep. Black well: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.

Very respectfully,
President

No. 066

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Elliott
Faber                  Fair                   Farr
Felder                 Ferguson               Foster
Gentry                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harwell                Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Lanford                Limehouse              Littlejohn
Lockemy                Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McTeer                 Moss
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Short                  Simpson
Smith                  Stoddard               Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Winstead               Wofford                Wright

I came in after the roll call and was present for the Session on April 11, 1989.
Denny W. Neilson         Ralph Davenport
John J. Snow         Irene K. Rudnick
Ken Bailey         Roland S. Corning
E. B. McLeod         Paul Derrick
Robert A. Kohn         Joseph McElveen
Larry Koon         Alex Harvin

Announcement was made that Dr. Gerald Harmon of Georgetown is the Doctor of the Day for the General Assembly.

Rep. McTEER moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.

H. 3832 -- Rep. McTeer: A BILL TO PROVIDE FOR THE COMPOSITION AND ELECTION OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2 TRUSTEES AND A METHOD FOR FILLING VACANCIES, AND TO REPEAL ACTS 547 AND 549 OF 1982.

The following Joint Resolution 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. 590 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO TANDEM TRAILER COMBINATIONS AND OTHER LARGER VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.

H. 3217 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO GIVE NOTICE OF THE CANCELLATION OR SUSPENSION OF A VEHICLES' REGISTRATION TO THE OWNER BY FIRST CLASS MAIL INSTEAD OF CERTIFIED MAIL.

Rep. WILKINS moved that the House recede until 2:30 P.M., which was adopted.

At 2:30 P.M. the House resumed, the SPEAKER in the chair.

The question of a quorum was raised.

A quorum was later present.

Debate was resumed on the following Bill, the pending question being the consideration of Section 68, Rep. LIMEHOUSE having the floor.

H. 3695 -- Labor, Commerce and Industry Committee: 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 38-57-140, 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, 38-73-138, 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 ON 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 WILLFULLY 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 ON 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. HASKINS moved that Mr. Ray Lark from the Department of Consumer Affairs be admitted on the floor of the House to assist in explaining amendments on the Automobile Insurance Bill, which was agreed to.

The SPEAKER PRO TEMPORE, in explaining his previous ruling on the Point of Order on Section 39, stated that he had sustained Rep. McLELLAN's Point of Order since the purpose of the Constitutional provision was to prevent the General Assembly from being misled by passing bills which contained provisions that are not indicated in their titles, and to apprise the members of the subject of the proposed legislation, and thus give them an opportunity to be heard if desired. He again stated that the title of the Bill had not described the subject matter of the section in question.

Debate was resumed on Section 68, Rep. LIMEHOUSE having the floor.

Rep. LIMEHOUSE continued speaking.

Rep. McLELLAN spoke against the Section.

Rep. McLELLAN continued speaking.

Rep. R. BROWN spoke in favor of the Section.

Rep. McLELLAN moved to table the Section, which was not agreed to by a division vote of 23 to 61.

The question then recurred to the adoption of the section, which was agreed to.

Rep. R. BROWN asked unanimous consent to admit John G. Richards, Chief Insurance Commissioner, to the floor of the House to assist in explaining amendments on the Bill, which was agreed to.

Debate was resumed on Section 70.

Rep. J. BAILEY proposed the following Amendment No. 82 (Doc. No. 3468U), which was adopted.

Amend the bill, as and if amended, by striking SECTION 70 on pages 68 and 69 and inserting:

/SECTION 70. Section 38-73-465(B) of the 1976 Code, as reenacted by this act, is amended by adding an appropriately numbered item to read:

"____(a) In making a determination that an insurance rate is unfairly discriminatory, excessive, or unreasonable, the Insurance Department shall, in accordance with generally accepted and reasonable actuarial techniques, include consideration of expenses. Effective after June 30, 1989, expenses must be given effect in all private passenger automobile insurance rates by inclusion in rates of a level of expenses approximating an efficient company for the appropriate category in which each insurer qualifies. Insurers must be categorized by the marketing mechanism utilized, either as a nonagency insurer, captive agency insurer, or independent agency insurer. Nonagency insurers are those who market the automobile insurance policy primarily through the mail. Captive agency insurers are those who market the automobile insurance policy primarily through agents, compensated by salary or commission or both, but who are restricted by contract with the insurer from contracting with other insurers for marketing of automobile insurance. Independent agency insurers are those who market the automobile insurance policy primarily through agents who are not restricted by contract from marketing automobile insurance with other insurers.

(b) For purposes of this item, the maximum allowable expense level for each respective category is the weighted average for the past three years for which data is reported of the average expenses by insurer category for the top ten most efficient insurers in that category writing automobile insurance in this State. If there are not ten insurers in any given category, then the expense level is the weighted average for all the insurers in that category. The Chief Insurance Commissioner may reward an insurer actually achieving less than the maximum expense level allowable by allowing a higher underwriting profit than would otherwise result, However, this reward may not exceed the difference between the insurer's actual expense level achieved and the maximum level allowable in rates in a given year.

(c) The commissioner may extend the provisions of this item to other lines of property and casualty insurance, by order, after public hearing, when the determination is made that to do so is in the public interest./

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Section 70, as amended, was adopted.

Debate was resumed on Section 71.

Rep. McLELLAN spoke against the Section.

The SPEAKER granted Rep. CORK a leave of absence for the remainder of the day.

The SPEAKER granted Rep. BENNETT a temporary leave of absence.

Rep. McLELLAN continued speaking and moved to adjourn debate upon the Section, which was adopted.

Debate was resumed on Section 74.

Section 74 was adopted.

Debate was resumed on Section 76.

Rep. J. BAILEY proposed the following Amendment No. 81 (Doc. No. 3478U), which was adopted.

Amend the bill, as and if amended, by striking SECTION 76, pages 71 and 72, and inserting:

/SECTION 76. The provisions of this act are effective for policies of insurance entered into or renewed or delivered or issued for delivery in this State after September 30, 1989./

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Section 76, as amended, was adopted.

Rep. J. ROGERS asked unanimous consent to admit Mr. Steve Hamm of the Consumer Affairs Department on the floor of the House to assist in explaining amendments on the Automobile Insurance Bill, which was agreed to.

Debate was resumed on Section 77.

Section 77 was adopted.

Debate was resumed on Section 78.

Section 78 was adopted.

Debate was resumed on Amendment No. 44, which was proposed on Tuesday, April 4, by Rep. KEESLEY.

The amendment was then adopted.

Debate was resumed on Section 5.

Rep. McLELLAN spoke against the Section.

Rep. LIMEHOUSE spoke upon the Section.

Rep. L. MARTIN spoke in favor of the Section.

Reps. J.C. JOHNSON, MCGINNIS, FELDER, HARWELL, BARBER, J. BAILEY, KEESLEY, McEACHIN and JASKWHICH proposed the following Amendment No. 50 ,which was adopted.

Amend the Bill on Page 9, Line 28, Section 5, by striking the word "maximum" and on Page 9, Lines 30 through 35, by striking all words beginning with "the lesser" and continuing through the words "or (2)".

Rep. J.C. JOHNSON explained the amendment.

The amendment was then adopted.

Rep. T. HUFF proposed the following Amendment No. 90 (Doc. No. 3326U), which was rejected.

Amend the bill, as and if amended, by striking SECTION 5 beginning on page 8 and inserting:

/SECTION 5. Section 38-77-160 of the 1976 Code, formerly known as Section 56-9-831 and amended by Act 166 of 1987, is further amended to read:

"Section 38-77-160. Automobile insurance carriers shall offer, at the option of the insured, uninsured excess uninsured/underinsured motorist coverage up to the limits of the insured's liability coverage in addition to the mandatory coverage prescribed by Section 38-77-150. Such carriers shall also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured liability coverage to provide coverage in the event that damages are sustained in excess of the liability limits carried by an at fault insured or underinsured motorist. If, however, an insured or named insured is protected by uninsured or underinsured motorist coverage in excess of the basic limits, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. If none of the insured's or named insured's vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with the excess or underinsured coverage. Benefits paid pursuant to this section are not subject to subrogation and assignment. The policy shall provide that the insured or named insured is protected only to the extent of the excess uninsured/underinsured motorist coverage on any policy regardless of the number of vehicles covered by that policy. Excess uninsured/underinsured motorist coverage is defined as first party benefits to protect an insured or named insured should the at fault motorist be uninsured or should the at fault motorist have liability limits insufficient to compensate the insured for his cognizable damages. Excess uninsured/underinsured motorist coverage is not subject to subrogation or assignment."/

Renumber sections to conform.

Amend title to conform.

Rep. HUFF explained the amendment.

The amendment was then rejected by a division vote of 37 to 40.

Section 5, as amended, was adopted.

Debate was resumed on Section 7.

Rep. LIMEHOUSE moved to table the Section, which was agreed to by a division vote of 86 to 0.

Debate was resumed on Section 8.

The SPEAKER granted Reps. J. ROGERS, GENTRY, McEACHIN and D. MARTIN a leave of the House to attend the Judicial Screening Committee meeting.

Section 8 was adopted.

Debate was resumed on Section 12.

Rep. LIMEHOUSE moved to table the Section, which was agreed to.

Debate was resumed on Section 13.

Section 13 was adopted.

The SPEAKER granted Rep. J.W. JOHNSON a temporary leave of absence.

Rep. R. BROWN proposed the following Amendment No. 71 (Doc. No. 3364U), which was adopted.

Amend the bill, as and if amended, Section 38-73-720, as contained in SECTION 15, page 21, by adding at the end of the section: /All plans promulgated must comply with the requirements of Article 1, Chapter 23 of Title 1 (the Administrative Procedures Act)./

Renumber sections to conform.

Amend title to conform.

Rep. MAPPUS explained the amendment.

The amendment was then adopted.

Reps. J. BAILEY, MAPPUS and R. BROWN proposed the following Amendment No. 92 (Doc. No. 3507U), which was adopted.

Amend the bill, as and if amended, in SECTION 15, page 20, line 37, by inserting after /Carolina./ /However, classification differentials must be uniform for every insurer. In addition, the commissioner shall not permit within the revised risk classification plan a distinction in Bodily Injury Liability premiums charged or Property Damage Liability premiums charged because of the type of private passenger automobile insured./

Amend title to conform.

Rep. MAPPUS explained the amendment.

The amendment was then adopted.

Sections 14-20, as amended, were adopted.

Rep. MANLY moved to reconsider the vote whereby Amendment No. 5 on Section 26 was adopted.

Rep. SHARPE moved to table the motion to reconsider.

Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Bailey, G.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Blanding               Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Derrick                Faber                  Felder
Glover                 Harris, P.             Huff
Johnson, J.C.          Kay                    Keesley
Kirsh                  Koon                   Limehouse
Littlejohn             Lockemy                McAbee
McBride                McCain                 McLeod
Moss                   Nesbitt                Quinn
Rogers, T.             Sharpe                 Short
Smith                  Snow                   Townsend
Vaughn                 Waldrop                White
Wofford                Wright

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Boan
Brown, R.              Cole                   Corbett
Corning                Elliott                Fair
Farr                   Ferguson               Foster
Hallman                Harris, J.             Harvin
Harwell                Haskins                Hayes
Hearn                  Hendricks              Hodges
Holt                   Jaskwhich              Keegan
Keyserling             Klapman                Lanford
Manly                  Mappus                 Martin, L.
Mattos                 McElveen               McGinnis
McKay                  McLellan               McTeer
Neilson                Nettles                Rama
Rudnick                Sheheen                Simpson
Tucker                 Waites                 Washington
Wells                  Whipper                Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider the vote whereby Amendment No. 5 was adopted.

Rep. HAYES demanded the yeas and nays, which were ordered.

Rep. T. ROGERS raised the Point of Order that the motion to reconsider the vote whereby Amendment No. 5 was adopted was out of order as it was not in compliance with Rule 8.14.

The SPEAKER stated that the Point of Order came too late, as the Roll Call had already been ordered.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, J.
Bailey, K.             Barber                 Boan
Brown, R.              Cole                   Corbett
Corning                Elliott                Fair
Ferguson               Foster                 Hallman
Harris, J.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Jaskwhich              Keegan                 Keyserling
Klapman                Lanford                Littlejohn
Manly                  Mappus                 Martin, L.
Mattos                 McEachin               McElveen
McGinnis               McLellan               McTeer
Neilson                Nettles                Rama
Rudnick                Sheheen                Simpson
Tucker                 Waites                 Washington
Wells                  Whipper                Wilder
Wilkes                 Wilkins                Williams, D.

Those who voted in the negative are:

Bailey, G.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Davenport              Derrick
Faber                  Farr                   Felder
Glover                 Harris, P.             Huff
Johnson, J.C.          Kay                    Keesley
Kirsh                  Koon                   Limehouse
Lockemy                McAbee                 McBride
McCain                 McLeod                 Moss
Nesbitt                Phillips               Quinn
Rogers, T.             Sharpe                 Short
Smith                  Snow                   Townsend
Vaughn                 Waldrop                White
Williams, J.           Wofford                Wright

So, the motion to reconsider was rejected.

Although I use a seat belt, there is no present law prohibiting use of seat belts and a majority of the folks in District 17 oppose mandatory use of belts. My vote reflects their sentiment. Rep. DILL BLACKWELL.

Rep. T. ROGERS moved to table the Section, which was agreed to.

Reps. R. BROWN, KOHN, T.C. ALEXANDER, HARVIN, LIMEHOUSE and MAPPUS proposed the following Amendment No. 1 (Doc. No. 3253U), which was tabled.

Amend the bill, as and if amended, by striking SECTION 24 and inserting:

/SECTION 24. Section 38-77-280 of the 1976 Code, as last amended by Act 641 of 1988, is further amended to read:

"Section 38-77-280 (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to any insured or qualified applicant who requests such coverage.

Collision coverage must have a mandatory deductible of fifty dollars, but an insured or qualified applicant, at his option may select an additional deductible in appropriate increments up to one thousand dollars.

Comprehensive coverage or fire, theft, and combined additional coverages may not be subject to any mandatory deductible, but an insured, at his option, may select a deductible of from fifty to one thousand dollars in appropriate increments. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance with a fifty dollar deductible or comprehensive coverage or fire, theft, and combined additional coverages without a deductible unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner.

(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses or one or more 'chargeable accidents' as defined in Section 38-73-455 within the thirty-six months immediately preceding the effective date of coverage or has had convictions for driving violations on two or more separate occasions within the thirty-six months Immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation or three or more comprehensive claims, and no such physical damage coverage may be ceded to the Reinsurance Facility.

(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280 (C) which existed prior to the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.

(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the Facility.

(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are a led and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-33-457 Section 38-73-457. No policy of automobile insurance which includes physical damage insurance coverages offered to an applicant or existing policyholder pursuant to this paragraph may be ceded to the Facility.

(F) Notwithstanding any other provision of law, no collision coverage. comprehensive coverage, or fire, theft. and combined additional coverages with a deductible of less than two hundred fifty dollars may be ceded to the Reinsurance Facility. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass."/

Amend title to conform.

Rep. R. BROWN explained the amendment.

Reps. WASHINGTON, MAPPUS, HODGES and McLELLAN spoke against the amendment.

Rep. McLELLAN moved to table the amendment.

Rep. LIMEHOUSE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 81 to 23.

Rep. WASHINGTON moved to table the Section, which was agreed to.

Rep. J. BAILEY moved to table the Section, which was agreed to.

Rep. WILKES moved to table the Section, which was agreed to.

Rep, McABEE proposed the following Amendment No. 74, which was adopted.

SECTION 34. Section 38-57-130 of the 1976 Code is amended to add:

(4) Section 38-39-40 (a) (5) is deleted.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. McLELLAN moved to table the Section, which was not agreed to.

Section 34, as amended, was then adopted.

Reps. J. BAILEY, T. ROGERS and J. ROGERS proposed the following Amendment No. 12 (Doc. No. 3147U), which was adopted.

Amend the bill, as and if amended, in Section 37-6-605 of the 1976 Code, as contained in SECTION 36, page 41, line 7, by inserting after /addition,/: /the Advocate shall have reasonable access to confidential records and information, provided he enters a proprietary agreement to insure their confidentiality. The South Carolina Department of Insurance. Public Service Commission, and Advocate also have access to records, information, and data of the insurance companies, utilities, and other regulated entities, as well as all of their sister affiliates, subsidiaries, and parent companies./

Amend further, page 41, by striking /during/ on line 7 and inserting /During/.

Amend title to conform.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

Reps. J. BAILEY, T. ROGERS and J. ROGERS proposed the following Amendment No. 13 (Doc. No. 3148U), which was adopted.

Amend the bill, as and if amended, by adding new Section 36A, page 41, immediately after line 44, to read:

/SECTION 36A. Part 6 of Chapter 6, Title 37 of the 1976 Code is amended by adding:

"Section 37-6-610. The Advocate is authorized to undertake periodic audits of insurance companies licensed to do business in South Carolina and regulated by the Insurance Department, utilities regulated by the Public Service Commission, as well as their sister affiliates, subsidiaries, and parent companies, and the Reinsurance Facility."/

Amend title to conform.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

Section 36, as amended, was adopted.

Rep. McABEE proposed the following Amendment No. 75, which was tabled.

SECTION 41. Section 56-10-280 of the 1976 Code is amended to read:

"Section 56-10-280. Notwithstanding any other provision of law, no automobile insurance policy in existence for less than sixty days may be canceled for nonpayment of premium unless the reason for nonpayment is a check returned as a result of insufficient funds."

Rep. McABEE explained the amendment.

Rep. MAPPUS spoke against the amendment.

Rep. McABEE spoke in favor of the amendment.

Rep. MAPPUS moved to table the amendment, which was agreed to by a division vote of 62 to 18.

Rep. McABEE spoke against the Section.

Rep. MAPPUS spoke in favor of the Section.

Rep. McABEE moved to table the Section.

Rep. HASKINS demanded the yeas and nays, which were not ordered.

The House refused to table the Section by a division vote of 15 to 79.

The question then recurred to the adoption of the Section, which was agreed to.

Rep. J. BAILEY proposed the following Amendment No. 91 (Doc. No. 3473U), which was rejected.

Amend the bill, as and if amended, page 51, by striking Section 49 and inserting:

/SECTION 49. The 1976 Code is amended by adding:

"Section 38-77-360. (A) All automobile insurance companies doing business in this State shall develop and implement safety programs to help lower costs to the system. Companies shall attach to every renewal notice a shoppers' guide, comparing auto rates for it and the top ten writers in the State, by using current data compiled by use of computer tapes by the Insurance Department or an independent clearinghouse, or both.

(B) The Chief Insurance Commissioners shall promulgate regulations to implement these and other programs. These regulations may include a safety incentive provision to provide companies with a profit incentive."/

Renumber sections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The SPEAKER granted Rep. BARBER a leave of Absence for the remainder of the day to attend a function in Charleston where he is the main speaker.

Reps. MAPPUS and McLELLAN spoke against the amendment.

Rep. WASHINGTON spoke in favor of the amendment.

Rep. McLELLAN moved to table the Section, which was not agreed to by a division vote of 42 to 54.

Reps. SIMPSON and R. BROWN spoke against the amendment.

The amendment was then rejected by a division vote of 37 to 58.

Section 49 was adopted.

Rep. WILKENS moved to table the Section, which was agreed to.

Debate was resumed on Section 58.

Debate was resumed on Amendment No. 34 by Reps. R. BROWN, KOHN, et al.

Rep. LIMEHOUSE explained the amendment. The amendment was then rejected.

Rep. McLELLAN moved to table the Section, which was agreed to.

Debate was resumed on Section 59.

Rep. T. ROGERS moved to table the Section, which was agreed to.

Debate was resumed on Section 61.

Rep. R. BROWN moved to table the Section, which was agreed to.

Debate was resumed on Section 63.

Rep. LIMEHOUSE explained the Section.

Rep. SIMPSON moved that the House do now adjourn, which was adopted.

Rep. BEASLEY moved to reconsider the vote whereby Amendment No. 90 on Section 5 was rejected and the motion was noted.

Rep. J. ROGERS moved to reconsider the vote whereby Amendment No. 44 and Sections 5, 8, 13, 14-20, 34, 36, 41, 49, 68, 70, 74, 76, 77 and 78 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Section 63.

The Senate returned to the House with concurrence the following:

H. 3842 -- Reps. Hearn, Haskins, Baker, H. Brown, Bruce, M.D. Burriss, T.M. Burriss, Clyborne, Cole, Corbett, Cork, Corning, Davenport, Fair, Hallman, Keegan, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, McCain, Quinn, Rama, Sharpe, Simpson, Sturkie, Vaughn, Wells, Wilkins, Winstead, Wofford, Wright, Klapman, Derrick and Jaskwhich: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY ON BEHALF OF ALL THE PEOPLE OF SOUTH CAROLINA TO SENATOR STROM THURMOND FOR His SIXTY YEARS OF PUBLIC SERVICE BENEFITING THE PEOPLE OF HIS COMMUNITY, STATE, AND NATION.

At 5:30 P.M. the House in accordance with the motion of Rep. SIMPSON adjourned to meet at 10:00 A.M. tomorrow.

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