Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Rev. Stephen W. Scott of the First Presbyterian Church of Moncks Corner.
Eternal God,
Before whose government of the universe we bow, Your justice forms our hope and our vision. We look for You to be with us this day.
Be with Your people, the people of our State, as they work today in cities and towns and farms, in businesses and factories, schools and homes.
Bless we pray, these Your servants, our elected representatives, as they seek Your wisdom and justice in governing the people they serve. We pray that You will be at work, O God, through our institutions of government, through the work of this House. 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.
May 11, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1120)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on May 11, 1989, regulations concerning Controlled Substances from the South Carolina Department of Health and Environmental Control.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following were received.
May 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1105)
House of Representatives
Dear Mrs. McKinney:
By letter received May 9, 1989 the State of South Carolina Public Service Commission is hereby withdrawing and simultaneously resubmitting Regulations Nos. 1104 and 1105 with changes. Regulation No. 1104 deals with gas utilities and Regulation No. 1105 deals with electric utilities. These Regulations were originally referred to the Committee on Labor, Commerce and Industry.
Sincerely,
Robert J. Sheheen
May 12, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1079)
House of Representatives
Dear Mrs. McKinney:
The State of South Carolina Environmental Certification Board is hereby withdrawing and simultaneously resubmitting Regulation 1079 with changes concerning Name of Board; Board; Certification of Physical/Chemical Operators Examinations; Well Drillers; Fees. These Regulations have been referred to the Committee on Medical, Military, Public and Municipal Affairs.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
May 15, 1989
Mr. Speaker and Members of the House:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the House of Representatives," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Reappointment, Member, State Ethics Commission, with term to expire May 31. 1993:
1st Congressional District:
Ed Duryea, 3 Riverside Lane, Beaufort, S.C. 29902
Appointment, Member. State Ethics Commission, with term to expire May 31, 1993:
3rd Congressional District:
Rev. David Terry, 604 E. Hampton St., Anderson, S.C. 29621 VICE Dr. D.H. Daniel
The appointments were confirmed and a message was ordered sent to the Senate accordingly.
On motion of Rep. J.W. JOHNSON, with unanimous consent, the following Bill wee ordered recalled from the Legislative Council.
H. 3336 -Reps. Holt, Winstead, Washington, J. Bailey, D. Martin, Kohn and Hallman: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT MUNICIPALITIES HAVING A POPULATION OF TWENTY THOUSAND OR LESS ACCORDING TO THE 1950 CENSUS MAY ELECT TWO ADDITIONAL COMMISSIONERS AT ANY GENERAL ELECTION AFTER AUTHORIZING THEM BY ORDINANCE.
Rep. J.W. JOHNSON moved to reconsider the vote whereby the House concurred in the Senate Amendments to H. 3336 and the motion was noted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4032 -- Reps. Kay, Townsend, P. Harris, Gentry, Hendricks, L. Martin, Mattos, Simpson, T.C. Alexander, McLellan, Chamblee, Cooper, Carnell, McAbee, J.W. Johnson, Stoddard, Wright, Derrick, Felder, Koon, Sharpe, Sturkie and J.C. Johnson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT ALTERNATIVES AS A FIRST PRIORITY AND ALTERNATIVES AS A SECOND PRIORITY AS CONTAINED IN A PRELIMINARY FINANCIAL FEASIBILITY STUDY FOR THE UPSTATE CORRIDOR AND, IF FEASIBLE, TO REQUEST THAT ALTERNATIVES A AND E BE IMMEDIATELY AND CONCURRENTLY IMPLEMENTED.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3399 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 522 -- Senators Lourie, Land, Fielding, Mitchell, Martschink and Rose: A BILL TO AMEND SECTION 58-25-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT MEMBER GOVERNMENTS, REGARDLESS OF POPULATION, MUST HAVE AT LEAST ONE MEMBER ON THE GOVERNING BOARD OF AN AUTHORITY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4043 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE TRAGIC DEATH OF THE HONORABLE GEORGE R. TINDAL, A CLARENDON COUNTY FARMER AND THE THIRD JUDICIAL CIRCUIT STATE AGRICULTURE COMMISSIONER, WHO DIED FRIDAY, MAY 12, 1989, AND TO EXTEND HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS AND ADMIRERS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4044 -- Reps. Wright, Derrick, Felder, Klapman, Koon, Sharpe, Sturkie and Quinn: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND GRIEF OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MISS MARY R. WHITEHEAD OF IRMA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 771 -- Senators Hinson, Lee, Mitchell, Moore and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNITED STATES TEXTILE INDUSTRY FOR BEING RANKED FIRST IN THE NATION IN SAFETY BY THE NATIONAL SAFETY COUNCIL FOR THE THIRD CONSECUTIVE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 777 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF TERRY CALDWELL SCARBOROUGH, OF CYPRESS, A BISHOPVILLE POLICE OFFICER, WHO DIED RECENTLY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:
S. 778 -- Senator Lourie: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF MAY 14-20, 1989, AS NATIONAL TRANSPORTATION WEEK, AND RECOGNIZING THAT TRANSIT HELPS CONSERVE ENERGY, REDUCE POLLUTION, AND RELIEVE CONGESTION BY PROVIDING MOBILITY FOR ALL, INCLUDING THE YOUNG, OLD, DISABLED AND POOR, WHO DEPEND UPON TRANSIT FOR SAFE CLEAN, EFFICIENT AND EFFECTIVE SERVICE FOR THE PEOPLE OF SOUTH CAROLINA.
Whereas, the nation is celebrating National Transportation Week from May 14-20, 1989; and
Whereas, transit is a vital component of the fabric of society, both nationally and in South Carolina; and
Whereas, transit helps conserve energy, reduce pollution, and relieve congestion in South Carolina; and
Whereas, transit provides mobility for all, including the young, old, disabled and poor, who depend upon it; and
Whereas, the private and public transit systems are providing cafe, clean, efficient and effective service for the people of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes Thursday, May 18, 1989, as Transit Appreciation Day and calls upon all citizens to recognize the vital role of transit in South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. MARVIN, with unanimous consent, the following was taken up for immediate consideration:
S. 780 - Senator Moore: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 31, 1989, AT 12:00 NOON AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY TO ELECT A CHAIRMAN OF THE SOUTH CAROLINA STATE FIRE COMMISSION.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in a joint session of the General Assembly in the hall of the House of Representatives at 12:00 Noon on Wednesday, May 31, 1989, to elect a Chairman of the South Carolina State Fire Commission.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 782 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF FRED L. BAKER, SR., OF AIKEN COUNTY WHO DIED ON TUESDAY, MAY 9, 1989.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 783 -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 31, 1989, AS THE TIME FOR ELECTING MEMBERS TO THE STATE BOARD OF SOCIAL SERVICES FROM THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE AT-LARGE SEAT.
The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4045 -- Rep. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1970, BY ADDING SECTION 50-11-925 SO AS TO CREATE THE SOUTH CAROLINA FUTURE FARMERS OF AMERICA CAMP WILDLIFE SANCTUARY IN THE LITTLE RIVER NECK SECTION OF HORRY COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Horry Delegation.
H. 4046 -- Rep. Wofford: A BILL TO AMEND SECTION 38-25-150(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38, ON UNAUTHORIZED INSURANCE TRANSACTIONS, DOES NOT APPLY TO THE LAWFUL TRANSACTION OF REINSURANCE BY INSURERS, SO AS TO DEFINE "REINSURANCE" FOR THE PURPOSES OF THIS ITEM AND TO SET FORTH WHAT THE TERM "REINSURANCE" DOES NOT INCLUDE; AND TO REPEAL ITEM (6) OF SECTION 38-25-150 RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38 DOES NOT APPLY TO TRANSACTIONS IN THIS STATE INVOLVING ANY POLICY OF INSURANCE OR ANNUITY CONTRACT ISSUED BEFORE APRIL 30, 1975.
Referred to Committee on Labor, Commerce and Industry.
H. 4047 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SEA BANKS HOMEOWNERS ASSOCIATION, INC., IN HORRY COUNTY.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4048 -- Reps. Cooper, Chamblee, G. Bailey and Moss: A BILL TO DESIGNATE HIGHWAY 57 WHERE IT JOINS HIGHWAY 9 EAST IN THE CITY OF DILLON UNTIL IT REACHES S.C. HIGHWAY 41 THE "J.E. LOCKEMY HIGHWAY", AND TO PROVIDE FOR A SUITABLE DEDICATION CEREMONY AND THE INSTALLATION OF APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY.
Referred to Committee on Invitations and Memorial Resolutions.
H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.
Referred to Committee on Judiciary.
H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
On motion of Rep. BLANDING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4051 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS, AND TO AMEND SECTION 7-7-502, RELATING TO VOTING PLACES IN SUMTER COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PLACES.
On motion of Rep. BLANDING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 260 -- Senator Mullinax: A BILL TO PRESCRIBE THE PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICTS NO. 4 AND NO. 5 INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN THE STATE PLUS ONE PERCENT EXCEPT UPON FAVORABLE REFERENDUM VOTE FOR A LARGER INCREASE.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 656 -- Senator Macaulay: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD A PRECINCT AND TO REVISE THE BOUNDARIES OF CERTAIN OTHER PRECINCTS.
On motion of Rep. McLELLAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 763 -- Agriculture and Natural Resources: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL COUNCIL, RELATING TO BEACH RESTORATION FUND APPLICATION PROCEDURES AND CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1140, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 764 -- Senator Moore: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SAMUEL H. SWINT POST # 77 OF THE AMERICAN LEGION IN AIKEN COUNTY.
On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
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 Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cooper Corbett Cork Davenport Derrick Elliott Faber Fant Felder Foster Glover Gordon Gregory Hallman Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 16, 1989.
Joe Wilder Mike Fair Derham Cole Rick Quinn, Jr, T.M. Burriss Tee Ferguson Roland S. Corning James Lockemy Gene Stoddard
LEAVE OF ABSENCE
The SPEAKER granted Rep. J. HARRIS a leave of absence for the day due to illness.
Announcement was made that Dr. Gene Dicker son of Sumter is the Doctor of the Day for the General Assembly.
The following was received from the Senate.
Columbia, S.C., May 11, 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 H. 3695:
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, 38-73-1380, 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 ON LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE ON 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 ON 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.
Very respectfully,
President
On motion of Rep. R. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. R. BROWN, J. BAILEY and MAPPUS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 11, 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 H. 3528:
H. 3528 -- Reps. Sharpe, Hallman, Corbett, G. Brown, Koon, Rhoad, Sturkie, Bennett, Manly, Littlejohn, M.O. Alexander, K. Bailey, Waites, Snow, Bruce and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-65, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO STEAL FISH IN WHICH ANY OTHER PERSON HAS PROPERTY RIGHTS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President
On motion of Rep. BENNETT, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BENNETT, SNOW and BARFIELD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 12, 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 H. 3161:
H. 3161 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS: TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-640, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE A PENALTY FOR COUNTIES WHICH DO NOT REMIT ASSESSMENTS TO THE COMMISSION IN A TIMELY MANNER, TO REQUIRE THE COMMISSION TO DOCUMENT REASONS FOR CHANGES IN RATES AND SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTIONS 58-11-10 THROUGH 58-11-160, SECTION 58-23-1510, AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO RADIO COMMON CARRIERS, BUSES, AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.
Very respectfully,
President
On motion of Rep. GREGORY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. GREGORY, J. ROGERS and NETTLES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 11, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3128:
H. 3128 -- Rep. McEachin: A BILL TO AMEND CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH AND GAME, BY ADDING SECTION 50-1-25 SO AS TO PROVIDE FOR A BIRD DOG TRAINING SEASON FROM OCTOBER FIRST THROUGH THE DAY BEFORE THE OPENING OF QUAIL SEASON EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING SEASON, AND TO REQUIRE BIRD DOG TRAINERS TO HAVE THE APPROPRIATE HUNTING LICENSES AND PERMITS.
and asks for a Committee of Conference and has appointed Senators Drummond, Hinds and Courson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 062
Whereupon, the Chair appointed Reps. McEACHIN, RHOAD and FARR to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 11, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3599:
H. 3599 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.
and asks for a Committee of Conference and has appointed Senators Lourie, Bryan and Helmly of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 063
Whereupon, the Chair appointed Reps. HUFF, T.C. ALEXANDER and HODGES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 11, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 216:
S. 216 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT THIS TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1987 AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1989.
and asks for a Committee of Conference and has appointed Senators Waddell, Matthews and Passailaigue of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 064
Whereupon, the Chair appointed Reps. WHITE, KIRSH and WILDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 16, 1989
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SHARPE the invitation was accepted.
Rep. SHARPE moved that the House stand at ease during the Ratification of Acts, and upon completion, the House stand adjourned.
Rep. JASKWHICH demanded the yeas and nays, which were not ordered.
The motion was then agreed to by a division vote of 62 to 32.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3898 -- Reps. Jaskwhich and Manly: A BILL TO AMEND ACT 275 OF 1986, AS LAST AMENDED BY ACT 269 OF 1987, RELATING TO THE TAX LEVY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY.
On motion of Rep. FANT, with unanimous consent, the following Bill wee taken up for immediate consideration.
H. 3898 -- Reps. Jaskwhich and Manly: A BILL TO AMEND ACT 275 OF 1986, AS LAST AMENDED BY ACT 269 OF 1987, RELATING TO THE TAX LEVY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4712U).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, the authorized tax levy for the operations of the school district of Greenville County must be determined in the manner provided in this act. The year 1988 is considered the base year with a millage authorization for the district of eighty mills. Beginning in 1989 and thereafter, the board of trustees of the district, upon a two-thirds recorded vote of its membership, may increase this eighty mill authorization by not more than a total of three mills in any consecutive two-year period. In determining these two-year periods, a particular year is to be used twice, both prospectively and retrospectively. That is to say by example that the 1989 and 1990 years constitute a consecutive two-year period, and the years 1990 and 1991 constitute another separate two-year period. If the board determines that the millage needs of the district in any year exceed the authorized limits of this section, the excess millage desired must be approved by the qualified electors of the district in a referendum called for this purpose by the board to be conducted as provided in Section 3.
SECTION 2. (A) If in any year of equalization and reassessment the millage authorized to be levied for the benefit of the district is reduced pursuant to the provisions of Section 12-43-280 or any other provision of Article 3, Chapter 43, Title 12 of the 1976 Code. The reduced millage, for purposes of determining the millage limitation provisions of Section 1 only, must be adjusted upward by the county auditor to equalize on a value basis the number of miles that were levied before equalization and reassessment as compared to the number of mills that are authorized to be levied after equalization and reassessment. This adjusted millage must be used in all calculations pertaining to that year for purposes of determining the allowable millage increases without a referendum under the provisions of Section 1. However, the allowable millage increase so determined above must be added to the reduced millage for that year and not to the adjusted millage figure determined above.
(B) If in any year the qualified electors of the district in the manner authorized by this act approve of a millage levy in excess of that authorized to be levied in Section 1 without a referendum, this excess millage becomes the amount of millage for that year which must be used for purposes of determining the millage limitation provisions of Section 1.
SECTION 3. (A} The county commissioners of election shall conduct and supervise any referendum authorized by Section 1 in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.
(B)The ballot must read substantially as follows:
"Must the tax millage for the year _____ authorized to be levied for the operation of the School District of Greenville County be increased by a total of _______ mills above those levied in the past year?
SECTION 4. Before the provisions of this act may take effect, the qualified electors of the school district of Greenville County must fires approve of its provisions in a referendum called for this purpose by the election commissions of the respective counties in the school district. This referendum must be called and conducted at the 1990 general election. The board shall frame the question for the ballot. If multiple questions are used, each must receive approval for any of the provisions of this act to be considered approved and for this purpose the provisions of this act are declared to be nonseverable.
The county commissioners of election shall conduct and supervise this referendum in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots after the questions for the ballot have been framed by the school board, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.
SECTION 5. Notwithstanding any other provision of law, upon the expiration of the terms of the current members of the board of trustees of the school district of Greenville County, their successors thereafter elected, including incumbents who are reelected, shall serve for terms of two years commencing on the Monday following the general election.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL explained the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. BLACKWELL having the floor.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R142) S. 575 -- Senators Horace C. Smith, Waddell, J. Verne Smith, Leatherman and Moore: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO EXPAND THE PURPOSES FOR WHICH BONDS WERE AUTHORIZED FOR THE RENOVATION OF THE ADMINISTRATION BUILDING, AIRPORT CAMPUS OF MIDLANDS TECHNICAL COLLEGE AND AUTHORIZE CLASSROOM BUILDING RENOVATIONS ON THE BELTLINE CAMPUS OF THE COLLEGE; AND TO AMEND ACT 638 OF 1988, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REAUTHORIZE AND REDUCE PRIOR AUTHORIZATION FOR THE DEPARTMENT OF MENTAL RETARDATION.
(R143) S. 414 -- Senators J. Verne Smith, Bryan, Courson, Drummond, Giese, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Moore, O'Dell, Pope, Saleeby, Setzler, Stilwell, Wilson, Rose, Horace C. Smith, Martschink, Mullinax, Leventis, McGill, Nell W. Smith and Hayes: AN ACT TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED BURIAL CONTRACTS, SO AS TO CHANGE THE NAME OF THE CONTRACTS AUTHORIZED UNDER THE CHAPTER TO PRENEED FUNERAL CONTRACTS, TO DEFINE THE TERMS "SELLER", "PROVIDER", "PURCHASER", AND "BENEFICIARY", TO REQUIRE THAT WHEN ANY VAULT IS SOLD PRENEED BY A SELLER IN ACCORDANCE WITH THIS CHAPTER, ONE HUNDRED PERCENT OF ACTUAL COST TO THE SELLER AT THE TIME OF PAYMENT MUST BE HELD AS TRUST FUNDS AND DEPOSITED IN A FINANCIAL INSTITUTION, TO REQUIRE THAT ALL TAXES ON THE TRUST ACCOUNT MUST BE PAID IN ACCORDANCE WITH THE INTERNAL REVENUE CODE AND APPLICABLE RULES AND REGULATIONS, TO PROVIDE FOR A FUNERAL CONTRACT WHEN THE FULL CONTRACT PRICE AMOUNT IS PAID TO THE PROVIDER, TO REQUIRE THAT THE FUNDS HELD BY A FINANCIAL INSTITUTION IN TRUST FOR A BENEFICIARY MUST NOT BE PAID UNTIL A DEATH CERTIFICATE IS FURNISHED BY THE PROVIDER, TO PROVIDE FOR THE REFUND OF AMOUNTS DEPOSITED WITH THE PROVIDER WHEN THEY DO NOT CONSTITUTE PAYMENT IN FULL, TO PROVIDE THAT ALL CONTRACTS CONTAIN THE NAME AND FUNERAL SERVICE LICENSE NUMBER OF THE PROVIDER AND SELLER, TO PROVIDE FOR A PROCEDURE FOR ESTABLISHING A TRUST FOR THE PURCHASER OF A CONTRACT AND ESTABLISH REQUIREMENTS WITH REGARD TO THE ESTABLISHMENT AND MAINTENANCE OF A TRUST ACCOUNT, TO PROVIDE THAT THE CONTRACT IS VOIDABLE IF THE PURCHASER FAILS TO MAKE PAYMENTS AS PROVIDED IN THE CONTRACT, TO PROVIDE THAT IF THE MERCHANDISE SELECTED IS NOT AVAILABLE AT THE TIME OF NEED THAT THE PROVIDER MUST MAKE AVAILABLE TO THE PURCHASER MERCHANDISE OF EQUAL OR GREATER VALUE WHICH MUST BE APPROVED BY THE PURCHASER OR HIS REPRESENTATIVE, TO PROVIDE UNDER WHAT CONDITIONS CONTRACTS MAY BE MADE IRREVOCABLE, TO PROVIDE FOR A PROCEDURE FOR THE REFUND OF MONIES PAID FOR A CONTRACT, TO PROVIDE A PROCEDURE FOR THE TRANSFER TO ANOTHER PROVIDER OF A CONTRACT, TO DELETE PROVISIONS WITH REGARD TO THE MANNER IN WHICH TRUST FUNDS MUST BE ESTABLISHED AND MAINTAINED, TO PROVIDE FOR THE OCCURRENCE OF A PROVIDER GOING OUT OF BUSINESS, TO AUTHORIZE THE BOARD OF FINANCIAL INSTITUTIONS TO ESTABLISH AN AMOUNT RATHER THAN A TWO DOLLAR SERVICE CHARGE TO BE COLLECTED FROM EACH PURCHASER TO BE USED IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER, TO DELETE PROVISIONS MAKING IT UNLAWFUL FOR ANY PERSON OTHER THAN A FUNERAL DIRECTOR OR HOME TO FURNISH OR PERFORM FUNERAL SERVICES TO ACCEPT OR HOLD PAYMENTS ON A PRENEED BURIAL CONTRACT EXCEPT FINANCIAL INSTITUTIONS, TO DELETE PROVISIONS RELATING TO COMMISSIONS ALLOWED PERSONS ON TRUST FUNDS WHICH ARISE OUT OF A PRENEED BURIAL CONTRACT, TO DELETE PROVISIONS WHICH MAKE IT UNLAWFUL FOR A LICENSEE WHO SELLS PRENEED BURIAL CONTRACTS TO SOLICIT OR PUBLICLY ADVERTISE THE AVAILABILITY OF THEM AND TO ESTABLISH A PROCEDURE FOR THE SOLICITATION AND ADVERTISING OF PRENEED FUNERAL CONTRACTS, AND TO PROVIDE FOR THE PROHIBITION ON THE SOLICITATION OF THESE CONTRACTS, AND TO AMEND SECTION 39-55-35, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA CEMETERY ACT OF 1984, SO AS TO REDEFINE "MERCHANDISE."
(R144) S. 333 -- Banking and Insurance Committee: AN ACT 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 POLICIES AND PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED, AND TO PROVIDE THAT THE BENEFITS OF MAJOR MEDICAL INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES ARE DEEMED REASONABLE UNDER CERTAIN CONDITIONS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-315 SO AS TO PROVIDE FOR PROCEDURES TO BE FOLLOWED WHEN AN INSURER OF INDIVIDUAL ACCIDENT AND HEALTH INSURANCE VOLUNTARILY DECREASES ITS PREMIUM CHARGES.
(R145) S. 673 -- Senators Nell W. Smith, J. Verne Smith, Leatherman, Matthews, Peeler, Lourie, Hinson, Giese, Bryan, Thomas, Rose, Lee, Waddell, McGill, Mullinax, Gilbert, Hinds, Passailaigue, Stilwell, Setzler and Horace C. Smith: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONSTRUCT ADDITIONAL MEDICAID-CERTIFIED NURSING HOME BEDS AND PROVIDE ADEQUATE FUNDS TO PAY FOR THE CARE GIVEN TO THE ADDITIONAL MEDICAID PATIENTS WHEN THESE NEW BEDS ARE CONSTRUCTED AND CERTIFIED, SET FORTH THE FEDERAL LIMITATION ON THE NUMBER OF PATIENTS ALLOWED ADDING TO THE DEMAND FOR THE BEDS, AUTHORIZE THE DEPARTMENT TO CONTRACT WITH NURSING HOMES IN GEORGIA AND NORTH CAROLINA, WITHIN BUDGET LIMITATIONS, TO PROVIDE CARE FOR MEDICAID PATIENTS FROM THIS STATE DURING THE FIRST FISCAL YEAR BEFORE THE AUTHORIZED ADDITIONAL BEDS ARE CONSTRUCTED, PROVIDE FOR THE ADMISSION PROCEDURES FOR PATIENTS, REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND THE HOSPITAL "SWING BED" PROGRAM TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW, DEFINE "SMALL RURAL HOSPITALS", AND PROVIDE FOR THE HOSPITALS TO CONVERT A PORTION OF THEIR LICENSED HOSPITAL BEDS TO MEDICAID-CERTIFIED NURSING HOME BEDS WHICH MUST NOT BE COUNTED IN THE MEDICAL FACILITIES PLAN UNTIL 1991.
(R146) S. 245 -- Judiciary Committee: AN ACT TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD OR IF A RESOLUTION TO DISAPPROVE A REGULATION HAS NOT BEEN INTRODUCED BY A STANDING COMMITTEE TO WHICH IT WAS REFERRED, TO TOLL THE RUNNING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD UPON THE INTRODUCTION OF A RESOLUTION TO DISAPPROVE, TO PROVIDE THAT EMERGENCY REGULATIONS MAY NOT BE INTRODUCED AFTER A RESOLUTION TO DISAPPROVE, TO PROVIDE FOR THE ONE-HUNDRED-TWENTY-DAY PERIOD TO RECOMMENCE AFTER A NEGATIVE VOTE ON A RESOLUTION TO DISAPPROVE; AND TO PROVIDE THAT IF LESS THAN NINETY DAYS REMAIN AFTER THE PERIOD BEGINS TO RUN AGAIN, ADDITIONAL DAYS MUST BE ADDED TO EQUAL NINETY DAYS.
(R147) H. 3693 -- Rep. J. Rogers: AN ACT TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOTLEG RECORDS AND TAPES, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL PIRATING, BOOTLEGGING, AND COUNTERFEITING OF RECORDS, TAPES, AND RECORDINGS AND TO PROVIDE OR REVISE THE PENALTIES FOR THE FELONY AND MISDEMEANOR OFFENSES CONTAINED IN THE ARTICLE.
(R148) H. 3040 -- Reps. Wilkins, Huff and Nettles: AN ACT TO AMEND SECTIONS 17-24-10 AND 17-24-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INSANITY, SO AS TO PROVIDE THAT IT IS AN AFFIRMATIVE DEFENSE WHICH THE DEFENDANT HAS THE BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE; AND TO AMEND SECTION 17-24-20, AS AMENDED, RELATING TO A VERDICT OR PLEA OF GUILTY BUT MENTALLY ILL, SO AS TO FURTHER PROVIDE FOR THE BURDEN OF PROOF IN THESE CASES AND FOR THE MANNER IN WHICH A COURT MAY ACCEPT THIS PLEA.
(R149) H. 3060 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 11, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-95 SO AS TO MAKE IT ILLEGAL FOR A NOTARY PUBLIC IN HIS OFFICIAL CAPACITY TO FALSELY CERTIFY THE AFFIRMING, SWEARING, OR ACKNOWLEDGING OF A PERSON OR HIS SIGNATURE TO AN INSTRUMENT, AFFIDAVIT, OR WRITING, TO PROVIDE A PENALTY FOR VIOLATION, AND TO REQUIRE A NOTARY PUBLIC CONVICTED UNDER THE PROVISIONS OF THIS SECTION TO FORFEIT HIS COMMISSION AND NOT BE ISSUED ANOTHER COMMISSION.
(R150) H. 3414 -- Reps. Beasley, Hayes, Fair, P. Harris, J. Harris, Carnell and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 7, TITLE 20, SO AS TO PROVIDE FOR THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN BY SETTING FORTH ITS PURPOSES AND PROVIDING FOR BOARD MEMBERS, MEETINGS, AN ADVISORY COUNCIL, THE CHILDREN TO BE SERVED, DUTIES AND FUNCTIONS, DIRECTOR AND STAFF EMPLOYMENT, REPORTS TO THE GOVERNOR AND GENERAL ASSEMBLY, AND ADMINISTRATIVE SUPPORT; TO REPEAL CHAPTER 83, TITLE 44, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN; AND TO PROVIDE FOR THE INITIAL TERMS OF THE COMMISSION AND ADVISORY COUNCIL AND INITIAL APPOINTMENT OF A PARENT OF A CHILD CURRENTLY RECEIVING SERVICES FROM THE CURRICULUM.
(R151) H. 3790 -- Reps. McLellan and T.C. Alexander: AN ACT TO DESIGNATE A ROAD IN OCONEE COUNTY AS THE "SAMUEL BRUCE ROCHESTER HIGHWAY".
(R152) H. 3353 -- Reps. R. Brown, J. Rogers, McEachin, Beasley, Lockemy, Harwell, Davenport, M.O. Alexander, Glover, Manly, Farr, Cole, Littlejohn, Jaskwhich, Waldrop, G. Bailey and Keegan: AN ACT TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE SOUTH CAROLINA SCENIC RIVERS ACT OF 1989; AND TO REPEAL CHAPTER 5, TITLE 51 OF THE 1976 CODE RELATING TO SCENIC RIVERS.
(R153) H. 3529 -- Reps. Kirsh, Nesbitt and Foster: A JOINT RESOLUTION TO AUTHORIZE A COUNTY TO EXHAUST ITS SUPPLY OF REASSESSMENT FORMS BEFORE USING THE FORMS REQUIRED UNDER THE PROVISIONS OF SECTION 12-43-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, WITH AN EXCEPTION THAT WOULD PROHIBIT THE COUNTY FROM USING THESE FORMS WHICH DO NOT COMPLY WITH THE PROVISIONS OF THAT CODE SECTION AFTER DECEMBER 31, 1990.
(R154) H. 3847 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT 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 THE EFFECTIVE DATE OF CHAPTER REQUIREMENTS FOR CERTAIN COMMUNITIES.
(R155) H. 3499 -- Rep. Snow: AN ACT TO AMEND SECTION 48-9-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICT COMMISSIONERS, SO AS TO REVISE THE DATE WHEN THE NUMBER OF QUALIFIED ELECTORS IN THE DISTRICT IS ASCERTAINED FOR PURPOSES OF DETERMINING WHETHER OR NOT A NOMINATION PETITION CONTAINS A SUFFICIENT NUMBER OF SIGNATURES.
(R156) H. 3771 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTIONS 40-65-120, 40-65-130, 40-65-170, AND 40-65-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOIL CLASSIFIERS, SO AS TO CHANGE QUALIFICATIONS FOR CERTIFICATION, PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION SHALL SIGN EACH CERTIFICATE OF REGISTRATION, AND EXEMPT FROM REGULATION BY THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION A PERSON WHO CLASSIFIES SOIL ON THE REAL ESTATE OF HIS EMPLOYER.
(R157) H. 3195 -- Reps. Hearn, J.W. Johnson, Lockemy, Harwell, McBride, Bruce, Waites, T.M. Burriss, Quinn, Wright, Neilson, Harvin, Moss, Wofford, McGinnis, Corbett, Keegan, Lanford, Cork, Snow, Rama, McCain, Derrick, Klapman, Wells, Barfield, M.D. Burriss, Sharp, Kirsh and Corning: AN ACT TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON WORKERS' COMPENSATION INSURERS, SO AS TO PROVIDE THAT FOR FISCAL YEAR 1990-91 THE TAX IS AT THE RATE OF THREE AND ONE-HALF PERCENT OF THE AMOUNT OF THE PREMIUMS RECEIVED FOR WORKERS' COMPENSATION INSURANCE AND FOR FISCAL YEAR 1991-92 AND AFTERWARD THE TAX IS AT THE RATE OF TWO AND ONE-HALF PERCENT OF THE AMOUNT OF THE PREMIUMS AND TO AMEND SECTION 42-5-190, RELATING TO THE TAX ON SELF-INSURERS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT FOR FISCAL YEAR 1990-91 THE MAINTENANCE TAX IS AT THE RATE OF THREE AND ONE-HALF PERCENT AND FOR FISCAL YEAR 1991-92 AND AFTERWARD THE TAX IS AT THE RATE OF TWO AND ONE-HALF PERCENT.
(R158) H. 3051 -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 3 OF TITLE 50 SO AS TO CREATE THE SOUTH CAROLINA WILDLIFE ENDOWMENT FUND TO BE FUNDED FROM GIFTS, GRANTS, AND CONTRIBUTIONS, THE PROCEEDS OF COMBINATION AND LIFETIME HUNTING AND FISHING LICENSES, TO PROVIDE FOR RESTRICTIONS AND LIMITATIONS ON EXPENDITURES FROM THE FUND, AND PROVIDE FOR INCREASES IN LIFETIME AND ANNUAL FISHING AND HUNTING LICENSES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-11 AND 50-9-455 SO AS TO AUTHORIZE A RESIDENT OF THIS STATE TO OBTAIN A LIFETIME COMBINATION LICENSE GRANTING HIM THE SAME PRIVILEGES AS IN SECTION 50-9-10 (COMBINATION FISHING AND HUNTING LICENSE), PROVIDE A FEE SCHEDULE FOR THE TYPES OF LICENSES AUTHORIZED, AND AUTHORIZE A LIFETIME FISHING LICENSE AND PROVIDE A FEE FOR THE LICENSE; TO AMEND SECTION 50-9-30, RELATING TO THE PROOF OF RESIDENCY REQUIRED FOR ISSUANCE OF A HUNTING OR FISHING LICENSE, SO AS TO DEFINE "RESIDENT"; AND TO AMEND SECTION 50-9-120, RELATING TO FEES FOR RESIDENTS' STATEWIDE OR COUNTY HUNTING LICENSES, SO AS TO PROVIDE A FEE FOR THE ISSUANCE OF A RESIDENT LIFETIME STATEWIDE LICENSE.
(R159) H. 3877 -- Rep. McLellan: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO AUTHORIZE THE BOARD OF VISITORS OF THE CITADEL TO ISSUE STUDENT AND FACULTY HOUSING REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF STUDENT AND FACULTY HOUSING AND RELATED AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM STUDENT AND FACULTY HOUSING AND AUXILIARY FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS; TO AMEND ACT 653 OF 1978, AS AMENDED, RELATING TO THE ISSUANCE OF FACULTY HOUSING REVENUE BONDS FOR THE COLLEGE OF CHARLESTON AND FRANCIS MARION COLLEGE, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS; TO REPEAL ACT 619 OF 1967 AND SECTION 7 OF ACT 194 OF 1979 RELATING TO THE AUTHORIZATION OF THE BOARD OF VISITORS TO ISSUE STUDENT HOUSING RENOVATION BONDS; AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS UNDER THIS ACT.
(R160} H. 3713 -- Rep. McLellan: AN ACT TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT SALES TO THE FEDERAL GOVERNMENT OF ELECTRICITY AND OF WAYS OR MEANS FOR TRANSMISSION OF THE VOICE OR MESSAGES.
(R161) H. 3062 -- Reps. Kirsh and Mappus: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 53 SO AS TO REQUIRE ALL VEHICLES WHICH TRANSPORT LITTER TO PROVIDE A MEANS OF COVERING THE VEHICLE TO PREVENT LITTER FROM DROPPING, SIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE AND TO PROVIDE A PENALTY FOR VIOLATION.
At 12:45 P.M. the House in accordance with the motion of Rep. SHARPE adjourned to meet at 10:00 A.M. tomorrow.
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