Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Jack Roberts, Pastor of Wolf Pond Baptist Church in Pageland.
"Our Father, for the power of Thy creation, we thank Thee for this day that Thou hast provided for each of us. We thank Thee for these men and these women who have the awesome responsibility of providing leadership for the State of South Carolina. We pray that Your love and extended arms of grace and mercy shall encompass each one of us, and Father, we pray that guidance shall be in the life of each one today by Thy righteous hand. Father, we thank you for these that have left their families, that have left their friends, and left loved ones all over our state to come here to the capitol, so that the legislative process of our state government may function. Please, we do pray, to make our State of South Carolina a better place to live, to work and to seek recreation that will make each one of us more capable of mind, body and soul. Grant again, oh Father, we do pray, Thy hallowed blessings upon each of us, 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 yesterday, the SPEAKER ordered it confirmed.
On motion of Rep. McTEER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 699 -Senators Waddell, Passailaigue, McConnell and Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
The following was received.
Columbia, S.C., May 30, 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 Free Conference on 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 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 REFORM ACT OF 1989", TO INCLUDE SEPARATE ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 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 H. 3762:
H. 3762 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO PROVIDE THAT THE REQUIRED REPORT BE MADE BY THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE SELF-INSURER'S FISCAL YEAR, PROVIDE AUTHORITY TO THE WORKERS' COMPENSATION COMMISSION TO ASSESS A PENALTY AGAINST A SELF-INSURER WHO FAILS TO PAY THE TAX BY THE REQUIRED DATE, AND PROVIDE FOR THE WITHDRAWAL OF THE PRIVILEGE OF SELF-INSURING IN SOUTH CAROLINA UNDER CERTAIN CONDITIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 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. 502:
S. 502 -- Senators Nell W. Smith, Moore and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2382 SO AS TO PROVIDE FOR A MEMBER NOT TO BE LIABLE FOR DAMAGES IN THE DISCHARGE OF HIS DUTIES AFTER PARTICIPATING IN A TRAINING PROGRAM OF THE SYSTEM FOR THE REVIEW OF THE FOSTER CARE OF CHILDREN; AND TO AMEND SECTION 20-7-2385, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR MEMBERS' TERMS TO CONTINUE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFY AND FOR NOTICE OF A BOARD VACANCY BY CERTIFIED INSTEAD OF REGISTERED MAIL.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 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. 637:
S. 637 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 43-33-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE THAT FOUR ADDITIONAL MEMBERS MAY BE ELECTED BY THE BOARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 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. 201:
S. 201 -- Senators Lindsay, McConnell, Lourie, Williams, Martin, O'Dell and Mullinax: A BILL TO AMEND SECTIONS 58-13-910 AND 58-19-920, 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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Bryan and Stilwell of the Committee of Conference on the part of the Senate on H. 3739:
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 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 Free Conference on S. 267 and the Report having been adopted by both Houses:
S. 267 -- Senator McLeod: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO PROVIDE FOR THE MANAGEMENT OF INFECTIOUS WASTE; TO AMEND SECTION 51, PART II OF ACT 658 OF 1988, RELATING TO THE COMMERCIAL DISPOSAL OF INFECTIOUS WASTE BY INCINERATION, SO AS TO PROVIDE FOR THE TREATMENT OF INFECTIOUS WASTE INSTEAD OF COMMERCIAL DISPOSAL.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
S. 823 - Senator Pope: A CONCURRENT RESOLUTION TO FIX TUESDAY, JUNE 20, 1989, AT 12:00 NOON AS THE TIME FOR ELECTING A SUCCESSOR FOR THE FAMILY COURT JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3 WHOSE TERM EXPIRES IN 1989.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, June 20, 1989, at 12:00 noon for the purpose of electing a successor to the judge of the Family Court, Fifth Judicial Circuit, Seat 3, whose term expires in 1989.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4134 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NONHAZARDOUS SOLID WASTE MANAGEMENT PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1091, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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 Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Fant Farr Ferguson Foster Glover Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McCain McEachin McGinnis McKay McLellan McTeer Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Wofford Wright
I came in after the roll call and was present for the Session on May 31, 1989.
Luther L. Taylor Thomas E. Huff David H. Wilkins James E. Lockemy Gene Stoddard Robert A. Kohn Daniel E. Winstead Donna Moss B.J. Gordon Frank McBride Larry Blanding James Faber Larry Gentry John G. Felder Denny W. Neilson C. Lenoir Sturkie Joe E. Brown Roland S. Corning Mike Fair Grady Brown T.T. Mappus Tom Limehouse Tim Rogers Larry Koon E.B. McLeod Joseph McElveen Steve Lanford
STATEMENTS OF ATTENDANCE
Reps. MARVIN, KOON and LANFORD signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, May 25, 1989.
Reps. GENTRY and KOON signed a statement with the Clerk that they came in after the roll call and were present for the Session on Monday, May 20, 1089.
Reps. G. BROWN and KOON signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, May 30, 1989.
The SPEAKER granted Rep. McELVEEN a temporary leave of absence.
Announcement was made that Dr. VyLautos Pakalines of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 699 - Senators Waddell, Passailaigue, McConnell and Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
Rep. McLELLAN proposed the following Amendment No. 1 (Doc. No. 5281U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. On the effective date of this act, the powers, duties, and responsibilities of the governing body of the Patriot's Point Development Authority are devolved upon the South Carolina Public Service Authority, and on this effective date, the assets and liabilities of the Patriot's Point Development Authority are also transferred to the South Carolina Public Service Authority.
SECTION 2. Section 51-13-710 of the 1978 Code is amended to read:
"Section 51-13-710. There is hereby created the Patriot's Point Development Authority, a body politic and corporate under the laws of this State, consisting of and governed by a board of nine members hereinafter referred to as the Authority. On June 30, 1983, the General Assembly may transfer the powers, responsibilities, liabilities and assets of the Authority to the Department of Parks, Recreation and Tourism; but no obligation or the full faith and credit of the State shall be given to assure the performance of obligations so transferred. As used in this article, the term 'Authority' or any variation of this term, unless the context requires otherwise, means the South Carolina Public Service Authority."
SECTION 3. Section 51-13-740 of the 1976 Code is amended to read:
"Section 51-13-740. The authority may employ an executive director, a secretary, attorney and such those other employees or consultants for Patriot's Point as it deems considers necessary for the performance of its duties and shall fix their compensation."
SECTION 4. Sections 51-13-720 and 51-18-730 of the 1976 Code are repealed.
SECTION 5. This act takes effect upon approval by the Governor.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that S. 699 be read the third time tomorrow.
The Senate sent to the House the following:
S. 826 - Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 1989, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, 13, 14, 15, AND 16, 1989, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 16, 1989, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 19, 1989, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 19, 1989, AND ON SUBSEQUENT DAYS THEREAFTER UNTIL IT SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that Code Section, to permit the General Assembly to continue in session under the following terms and conditions:
(1) When the respective Houses adjourn on Thursday, June 1, 1989, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 6, 7, 8, 9, 13, 14, 15, and 16, 1989, for consideration of local uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.
(2) When the respective Houses of the General Assembly adjourn on June 16, 1989, they shall stand adjourned to meet in regular statewide session at 11:30 a.m. on Monday, June 19, 1989, and may continue in session daily for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) the concurrence or nonconcurrence in any legislative matters received from the other house;
(d) appointment of conference and free conference committees;
(e) consideration of conference and free conference reports;
(f) ratification of acts;
(g) local matters if the affected delegation is unanimous;
(h) elections previously set by the General Assembly;
(i) consideration of joint resolutions proposing amendments to the Constitution of South Carolina;
(j) bills and resolutions pending third reading consideration on the date of adoption of this resolution by both bodies;
(k) resolutions affecting sine die adjournment; and
(1) bills granting authority to the secretary of State to restore charters.
However, the presiding officers of the respective houses may, between June 1, 1989, and June 19, 1989, call their respective houses into session only for the consideration of matters provided for in this resolution. The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution.
Reps. SHEHEEN, J. ROGERS, McLELLAN, WILKINS, R. BROWN, MOSS, BEASLEY, BENNETT and HUFF proposed the following Amendment No. 1 (Doc. No. 5308U), which was adopted.
Amend the Concurrent Resolution, as and if amended, by striking all after the resolving clause and inserting:
/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that Code Section, to permit the General Assembly to continue in session under the following terms and conditions:
(l) When the respective Houses adjourn on Thursday, June 1, 1989, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 6, 7, 8, 9, 13, 14, 15, and 16, 1989, for consideration of local uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.
(2) When the respective Houses of the General Assembly adjourn on June 16, 1989, they shall stand adjourned to meet in regular statewide session at 11:30 a.m. on Tuesday, June 20, 1989, and may continue in session daily for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointment of conference and free conference committees;
(d) conference and free conference reports;
(e) ratification of acts;
(f) local matters if the affected delegation is unanimous:
(g) elections previously set by the General Assembly;
(h) joint resolutions proposing amendments to the Constitution of South Carolina;
(i) S. 699, relating to the Patriot's Point Development Authority.
However, the presiding officers of the respective houses may, between June 1, 1989, and June 20, 1989, call their respective houses into session only for the consideration of matters provided for in this resolution.
(3) When the General Assembly adjourns on Thursday, June 22, 1989, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The SPEAKER granted Rep. J. WILLIAMS a temporary leave of absence.
The Free Conference Report on the following Bill was taken up.
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 OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Rep. J.C. JOHNSON spoke against the Report.
Rep. R. BROWN spoke in favor of the Report.
Rep. HAYES moved immediate closure on the entire matter, which was rejected, by a division vote of 53 to 57.
Rep. KOHN spoke in favor of the Report.
Reps. RHOAD, LIMEHOUSE, CARNELL, STURKIE, G. BROWN and FANT spoke against the Report.
Rep. J. ROGERS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
On motion of Rep. McTEER the House stood at ease subject to the call of Chair.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Free Conference Report.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4002 - Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 31, 1989, AT 12:00 NOON AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE CITADEL BOARD OF VISITORS WHOSE TERM EXPIRES ON JUNE 30, 1989, AND FOR ELECTING SUCCESSORS TO THE FOUR MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL WHOSE TERMS EXPIRE ON JUNE 30, 1989.
The President announced that nominations were in order for a member of the Citadel Board of Visitors.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated William Rhett Risher.
On motion of Rep. WINSTEAD, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that William Rhett Risher was duly elected for the term prescribed by law.
The President announced that nominations were in order for four members to the Board of Trustees of the Wil Lou Gray Opportunity School.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Elizabeth Tant Thrailkill, Hannah Estelle Campbell Meadors, Frances Pournelle "Mickey" Lindler, and Frank M. Hart.
On motion of Rep. WINSTEAD, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Elizabeth Tant Thrailkill, Hannah Estelle Campbell Meadows, Frances Pournelle "Mickey" Lindler, and Frank M. Hart were duly elected for the terms prescribed by law.
We, the members of the Marion County Delegation, consider it a privilege and an honor to unanimously second the nomination of the Hon. Frank M. Hart to the Board of the Wil Lou Gray Opportunity School
Rep. Hicks Harwell
Rep. Robert Brown
Sen. Yancey McGill
Sen. Frank Gilbert
The Reading Clerk of the House read the following Concurrent Resolution:
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.
The President announced that nominations were in order for a Chairman of the State Fire Commission.
Rep. Waldrop nominated Lewis Boyd Lee of Newberry as follows:
"Thank you Mr. President, Mr. Speaker, ladies and gentlemen of the General Assembly, honored guests and friends...On behalf of Senator Tom Pope, Representative Larry Gentry, and myself, it is a great pleasure for me to nominate the Honorable Lewis B. Lee of Newberry, South Carolina for re election as Chairman of the South Carolina State Fire Commission, of which he has served for four years. Mr. Lee is the fire chief for the City of Newberry and for the past four years, has served with distinction as chairman of the State Fire Commission, which he first began his service on the State Fire Commission in 1981 and during his continuous service since this date, has played a key role in bringing leadership and direction to this important agency of state government. Chief Lee is a native South Carolinian who was born in Union, South Carolina, holds an A.A. Degree from the Spartanburg Methodist College and a B.S. Degree from Limestone College. He has a very lovely wife, he is married to the former Nancy Jean Rowe, and they are one of Newberry's most devoted couples. He first went to work for the City of Newberry as a fire prevention officer in 1966 and rose steadily through the ranks until he was promoted to fire chief in 1982 and he has served in this position since that time. He has a number of dignatory awards, I won't mention that, he has served in the National Guard, he is a member of O'Neal St. Methodist Church, he is a Mason, a former member of the National Guard, just retired. I would like to say this, without due accord, he has done a fine job in the last four years. He has done something that many people couldn't do, and that was to buck, sometimes, the system of South Carolina, and he stood up, and is doing a good job at it, and I certainly believe that he would do well continuing as our Chairman of the State Fire Commission, so therefore, I nominate him and, thank you very much."
Rep. ALTMAN nominated James Terry Smith, Jr., of Murrells Inlet as follows:
"Mr. President, Mr. Speaker, members of the General Assembly...I would like to place in nomination Chief James Terry Smith of the Murrells Inlet-Garden City Fire Department. Chief Smith is somewhat of a hero, now on the coast. He started with a rural fire department and he has developed into a metropolitan fire department in the area of the coast, where we have so much growth. I'm not going into great detail about the history of Chief Smith, but he is well known on the state level, he has served on many committees, he has paid his dues, he is well respected by his peers, he has done a great job and he is a man that has innovative ideas and has looked to the future with the development that he has overseen and that has been adopted by the state association. I think very highly of him, he is endorsed by every member of the Horry and Georgetown County Delegations. I would appreciate very much your support of Chief Smith for this very important job, one of which represents the people that we respect very highly in the State of South Carolina. Thank you very much."
On motion of Rep. CHAMBLEE, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Lee:
Bryan Courson Drummond Fielding Giese Hayes Lee Lourie Macaulay Martschink Moore Mullinax O'Dell Patterson Peeler Pope Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Williams
The following named Senators voted for Mr. Smith:
Hinds Hinson Land Leatherman Leventis Long McGill Saleeby Setzler Waddell Wilson
On motion of Rep. WINSTEAD, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Lee:
Alexander, M.O. Alexander, T.C. Bailey, J. Bailey, K. Baker Barber Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corning Davenport Derrick Faber Fair Fant Farr Felder Ferguson Foster Gentry Gordon Hallman Harris, P. Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Kirsh Klapman Kohn Lanford Limehouse Littlejohn Lockemy Manly Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McTeer Moss Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilkes Wilkins Winstead Wofford Wright
The following named Representatives voted for Mr. Smith:
Altman Barfield Baxley Brown, R. Corbett Elliott Glover Harris, J. Harvin Harwell Keegan Keyserling Mappus McLeod Neilson Simpson Snow Wilder
Total Number of Senators voting 34
Total Number of Representatives voting 110
Grand Total 144
Necessary to a choice 73
Of which Mr. Lee received 115
Of which Mr. Smith received 29
Whereupon the President announced that Mr. Lewis Boyd Lee having received a majority of the votes cast was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:25 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of the Free Conference Report.
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 OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISE 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. McTEER moved immediate cloture on the entire matter.
Rep. CARNELL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Immediate cloture was invoked by a division vote of 75 to 41.
Reps. J. ROGERS and T. ROGERS spoke in favor of the Report.
Rep. HASKINS was recognized.
Rep. GORDON moved that the House recede until 2:00 P.M.
Rep. WINSTEAD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Blanding Brown, G. Brown, H. Brown, J. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Corbett Davenport Derrick Faber Fair Fant Felder Foster Gentry Glover Hallman Harris, P. Harvin Hearn Hendricks Jaskwhich Kohn Koon Lanford Limehouse Littlejohn Manly McAbee McCain McEachin McGinnis McKay Moss Nesbitt Nettles Rhoad Rudnick Sharpe Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waldrop Wells Whipper White Wofford
Those who voted in the negative are:
Altman Bailey, J. Barber Beasley Blackwell Boan Brown, R. Chamblee Cooper Corning Elliott Farr Gordon Harwell Hayes Hodges Huff Johnson, J.C. Kay Keegan Keesley Keyserling Lockemy Mappus Martin, L. Mattos McBride McElveen McLeod McTeer Neilson Phillips Quinn Rama Rogers, J. Rogers, T. Sheheen Short Simpson Townsend Waites Wilder Wilkes Wilkins Winstead Wright
So, the motion to recede until 2:00 was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Free Conference Report, Rep. HASKINS having been recognized.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of the Free Conference Report, immediate cloture having been ordered.
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 OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Reps. HASKINS and CARNELL spoke against the Report.
Rep. CARNELL moved to recommit the Report to the Conference Committee.
Rep. R. BROWN raised the Point of Order that the motion to recommit the report to the Free Conference Committee was out of order as the Senate had already adopted the report, therefore, the Free Conference Committee no longer existed.
Rep. HASKINS argued the Point, citing Mason's, Section 770, in stating that when either House refuses to adopt the report of the Committee, the Committee should be discharged and a new one appointed.
The SPEAKER stated that the Free Conference Committee was composed of six people, and when one Body had adopted the report, the Committee was then discharged.
Rep. HASKINS argued that the Free Conference Committee still existed in the House.
The SPEAKER stated that the Free Conference Committee had completed its work, but if neither Body had adopted the report, which has the effect of discharging the Free Conference Committee, then it could be recommitted.
Rep. L. MARTIN raised the further Point of Order that the previous question had been ordered and it would be out of order to recommit the report. He further argued that there was precedence from 1985 concerning a nuclear waste bill that in accordance with Mason's, once the previous question had been ordered, then the report cannot be committed or recommitted.
The SPEAKER stated that the report cannot be recommitted once the previous question had been ordered and he sustained Rep. L. MARTIN'S Point of Order.
Rep. HASKINS moved to continue the Report.
Rep. L. MARTIN raised the Point of Order that the motion to continue the report was out of order.
The SPEAKER stated, citing the priority of motions listed under Rule 8.5, that the reason you could not commit or recommit, was because the previous question was a higher priority than to commit or recommit, but he stated that you could continue the Conference Committee Report and he overruled the Point of Order.
Rep. CARNELL raised a further Point of Order concerning the motion to recommit, citing Rule 4.8.
The SPEAKER stated that he had already disposed of that and the House precedents consistently ruled that once the previous question had been ordered, then the motion to recommit was out of order and he overruled the Point of Order.
Rep. LIMEHOUSE inquired if the House had the power, at this stage, while the motion to continue was pending, to resolve itself into a Committee of the Whole.
The SPEAKER stated that the Chair could not advise that, only consider a motion if it were made.
Rep. LIMEHOUSE moved that the House resolve itself into a Committee of the Whole, which was not agreed to by a division vote of 20 to 77.
Rep. HASKINS withdrew the motion to continue the Report.
Reps. WASHINGTON and G. BAILEY spoke in favor of the Report.
The question then recurred to the adoption of the Free Conference Report.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beasley Bennett Boan Brown, R. Burch Burriss, M.D. Chamblee Clyborne Cole Corbett Corning Elliott Faber Fair Fant Farr Ferguson Foster Gentry Glover Gordon Hallman Harris, J. Harris, P. Harwell Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Kohn Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McEachin McElveen McGinnis McLellan McLeod McTeer Neilson Nesbitt Nettles Rama Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Tucker Waites Washington Wells Whipper White Wilder Wilkes Wilkins Winstead
Those who voted in the negative are:
Baker Barfield Blackwell Blanding Brown, G. Brown, H. Brown, J. Bruce Burriss, T.M. Carnell Cooper Davenport Derrick Felder Haskins Johnson, J.C. Kay Kirsh Koon Lanford Limehouse McAbee McBride McCain Moss Phillips Quinn Rhoad Sharpe Simpson Stoddard Sturkie Townsend Vaughn Waldrop Wofford Wright
So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Ref. H. 3695 Conference Report
My vote reflects my promise to the voters of District 17 that I would not support mandatory seat belts.
Rep. BLACKWELL
I voted against the Automobile Insurance Reform Act because, first of all I strongly oppose any mandate to wear safety belts and I also feel that the Legislation represents a complete capitulation to the special interests who are making excessive profits under our current system. Any true reform will require sacrifices from the special interest to groups and this legislation does not do this. I hope that the General Assembly will take up this issue again, and give more attention to the good driver and less to the special interests.
Rep. BARFIELD
I was out of the chamber when the vote was taken on the adoption of the Free Conference Report. Had I been present, I would have voted no, against the adoption of the Report.
Rep. JAMES LOCKEMY
The following was received.
The General Assembly, Columbia, South Carolina,
May 29, 1989
The COMMITTEE OF CONFERENCE, to whom was referred:
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, 58-9-540, 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.
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 3/30189--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 58-3-100 of the 1976 Code is amended to read:
"Section 58-3-100. The expenses of the Transportation Division of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, shall must be borne by the several companies subject to its jurisdiction according to their gross income from operations in this State, such gross income to be proportionate to the number of miles operated in this State by transportation and transmission companies, to be apportioned by the Comptroller General. The Comptroller General shall revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630, registration fees derived pursuant to Section 58-23-640, and the portion of the fuel stamp fees allocated to the Public Service Commission by the Tax Commission. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State.
Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all other expenses of the Public Service Commission must be borne by the public utilities as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, radio common carrier as defined in Section 58-11-10, and electric utilities as defined in Section 58-27-10 under the commission's jurisdiction. on On or before the first day of October in each and every year, the Tax Commission shall assess upon each of such companies utility company and railway company its just proportion of such the expenses in proportion to its gross income from operation in this State in the current year ending on the thirtieth day of June preceding that on which the assessment is made. Such The assessments shall must be charged up against such the companies, respectively, under the order and direction of by the Comptroller General Tax Commission, shall be and collected by the several county treasurers Tax Commission in the manner provided by law for the collection of taxes from such the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and shall be paid, less the Tax Commission's actual incremental increase in the cost of administration by the county treasurers as collected into the State Treasury in like manner as other taxes collected by them the Tax Commission for the State.
The Public Service Commission shall certify to the South Carolina Tax Commission annually on or before August first the amounts to be assessed."
SECTION 2. Section 58-5-240 of the 1976 Code is amended by adding:
"(H) The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole record. The commission shall specify an allowable operating margin in all water and wastewater orders."
SECTION 3. Section 58-9-540 of the 1976 Code is amended by adding:
"(E) The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole record."
SECTION 4. Section 58-21-10 of the 1976 Code is amended to read:
"Section 58-21-10. All authority, power, and duties conferred by law upon the Commission commission as to steam railways, express and telegraph lines in this State, and steamboat lines, and truck lines doing business as common carriers within this State are hereby extended and conferred upon the Commission commission as to all interurban railways, whether steam, electricity, or other power be is used by them and whether or not such the roads be are partly without the corporate limits of towns or cities. The commission may not fix or approve the rates, fares, or charges for interurban railways."
SECTION 5. Section 58-23-20 of the 1976 Code is amended to read:
"Section 58-23-20. No corporation or person, their his lessees, trustees, or receivers, shall may operate any a motor vehicle for the transportation of persons or property for compensation on any an improved public highway in this State except in accordance with the provisions of this chapter, except where the use of a motor vehicle is incidental only to the operation, and any such operation shall be is subject to control, supervision, and regulation by the Commission commission in the manner provided by this chapter. The commission may not fix or approve the rates, fares, or charges for buses. Provided, however, nothing herein shall affect the commission's jurisdiction to regulate street railway service or any successor to street railway service under Chanter 5 of Title 58."
SECTION 6. Section 58-23-330 of the 1976 Code, as last amended by Act 525 of 1988, is further amended to read:
"Section 58-23-330. An applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle common carrier may be approved upon a showing based on criteria established by the commission that the applicant is fit, willing, and able to appropriately perform appropriately the proposed service. If an intervenor shows or if the commission determines that the public convenience and necessity is being served already, the commission may deny the application. If the commission approves a restricted certificate to operate, the reason for the restriction must be justified in writing.
If an application is denied, another application may not be made until at least six months have elapsed since the date of the denial."
SECTION 7. Section 58-23-1010 of the 1976 Code is amended to read:
"Section 58-23-1010. The Commission commission shall supervise and regulate every motor carrier in this State and fix or approve the rates, fares, charges, classifications, and rules and regulations pertaining thereto of to each such motor carrier, except as provided in Section 58-23-20. The rates now obtaining for the respective motor carriers shall once established remain in effect until such time when, pursuant to complaint and proper hearing, the Commission commission shall have determined that such determines the rates are unreasonable. The Commission commission may approve joint rates, local rates, and rate agreements between two or more motor carriers relating to rates, classifications, allowances, and charges agreed to and published by individuals, firms, corporations, or the Motor Truck Rate Bureau, Inc. Any such of these agreements when approved by the Commission shall be deemed commission are not in violation of Section 39-3-10.
As to holders of a certificate C the Commission commission shall fix a maximum rate only."
SECTION 8. Section 58-27-870 of the 1976 Code is amended by adding:
"(G) The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole record."
SECTION 9. In accordance with Section 1-20-60 of the 1976 Code, the existence of the Public Service Commission is reauthorized for six years.
SECTION 10. Section 58-23-1510 and Article 19, Chapter 9 of Title 58 of the 1976 Code are repealed.
SECTION 11. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/ Herbert U. Fielding /s/ Jackson V. Gregory /s/ W. Richard Lee /s/ John I. Rogers, III /s/ Jefferson M. Long, Jr. /s/ Eugene L. Nettles, Jr. On Part of the Senate. On the Part of the House.
Rep. J. ROGERS explained the Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
S. 671 - Senator Hayes: A BILL TO AMEND ACT 271 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3, SO AS TO DELETE PROVISIONS WHICH STIPULATE WHEN ELECTED MEMBERS OF THE BOARD TAKE OFFICE, WHAT PUBLIC NOTICE OF THE ELECTIONS IS REQUIRED, AND THE DATES BY WHICH A CANDIDATE MUST FILE NOTICE OF HIS CANDIDACY.
Reps. KIRSH, FOSTER and HAYES, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 4952U), which was adopted.
Amend the bill, as and If amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 271 of 1981, as amended by an Act of 1989 bearing Ratification Number 57, is further amended to read:
"Section 1. The Board of Trustees of Rock Hill School District No. 3 of York County is composed of the seven members presently serving who shall serve until their successors are are elected and qualify as hereinafter provided.
During the general election in November, 1982, two members, whose terms would otherwise expire in January of 1982, must be elected to fill vacancies resulting from the expiration of terms of office ending on November 30, 1982. The terms of the two members so elected shall expire on November 30, 1984. In the general election in November, 1984, four members must be elected to fill the vacancies resulting from the terms expiring on November 30, 1984. The terms of the four members so elected shall expire on November 30, 1988. In the general election in November, 1980, three members must be elected to serve until November 30, 1990. Thereafter, all terms of office are for four years, and elections for office must be held simultaneously with the November general election in the years in which the terms of office shall expire. All newly elected members of the board shall take office on December first following their election.
Members of the board of trustees must be elected by the qualified electors of the school district. When elections are required, the incumbent board of trustees shall give at least six weeks public notice by publishing notice of the election in a newspaper of general circulation published in York County. Each candidate for election shall notify the incumbent board and appropriate election officials in writing of his candidacy by twelve noon on September first. However, if the last day for filing falls on a Saturday, Sunday, or legal holiday, the time period for filing is extended until twelve noon of the next succeeding day which is not a Saturday, Sunday, or legal holiday. The balloting must take place at the general election precincts located within the district and must be conducted according to the laws governing elections in this State. In each election those several candidates receiving the most votes are the duly elected trustees and no runoff is required."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 804 -- Senator Pope: A BILL TO REPEAL ACT 735 OF 1936 WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION.
S. 784 - Senator Lourie: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS IN RICHLAND COUNTY RELATING TO THE LOCATION OF THE LUTHERAN THEOLOGICAL SOUTHERN SEMINARY.
The following Bill was taken up.
H. 4131 -. Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.
Rep. T. ROGERS raised the Point of Order that H. 4131 was out of order in that it was not a local Bill and should be a statewide Bill as it pertained to a school district that crossed county lines.
Rep. QUINN argued contra the Point.
Rep. T. ROGERS further argued that the Bill had the affect of altering the lines and therefore, altering the substance of the operation of the financial impact on Lexington District 5.
The SPEAKER stated that the Bill provided for a referendum before the lines could be changed in Richland County and nothing happened until the General Assembly altered the lines as a result of the recommendations of the referendum and he overruled the Point of Order.
Rep. T. ROGERS moved to adjourn debate upon the Bill until July 1.
Rep. T.M. BURRISS moved to table the motion.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Corning Hearn Quinn
Those who voted in the negative are:
Brown, J. Faber McBride Rogers, T. Waites
So, the House refused to table the motion.
Reps. T. ROGERS, FABER and McBRIDE objected to the Bill.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 428 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRIPED BASS (ROCKFISH), SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY SET AND PUBLISH THE DAILY CREEL LIMITS AND SIZE LIMITS FOR STRIPED BASS AND BLACK BASS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES, SO AS TO PROVIDE THAT THE PENALTIES ASSESSED BY THE SECTION INCLUDE CONVICTIONS OF SECTION 50-13-235; AND TO REPEAL SECTIONS 50-13-220 AND 50-13-230 RELATING TO STRIPED BASS.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4064 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS - LYNCHES RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1054, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4117 -- Rep. L. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DACUSVILLE RECREATION ASSOCIATION OF PICKENS COUNTY.
The following was received.
The General Assembly, Columbia, S.C., May 30, 1989
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 216 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1987 AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1989.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the Joint Resolution pass amended as follows:
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The time for the filing of applications for the exemption of property required by Section 12-3-145 of the 1976 Code for taxable years 1981 through 1989 is extended until July 1, 1989.
SECTION 2. The time for the filing of applications for the exemption of property taxes required by Section 12-3-145 of the 1976 Code for all property of a local farmer-owned nonprofit marketing authority for taxable years 1980 through 1988 is extended until July 1, 1989.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/ James M. Waddell, Jr. /s/ Juanita M. White /s/ John W. Matthews /s/ Herbert Kirsh /s/ Ernie Passailaigue /s/ Joseph B. Wilder On Part of the Senate. On the Part of the House.
Rep. KIRSH explained the Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
Rep. McLELLAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
Rep. McLELLAN moved to adjourn debate upon the motion to grant free conference powers for 30 minutes, which was adopted.
The following Bill was taken up.
H. 3402 -- Reps. Faber and McBride: A BILL TO REQUIRE CANDIDATES FOR THE POSITION OF LAW ENFORCEMENT OFFICER TO UNDERGO PSYCHOLOGICAL SCREENING IN THE USE OF DEADLY FORCE AND FIREARMS, AS PART OF BASIC TRAINING, BEFORE BEING COMMISSIONED OR EMPLOYED AS A LAW ENFORCEMENT OFFICER; TO REQUIRE THE PSYCHOLOGICAL SCREENING TO BE ADMINISTERED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO PROVIDE FOR THIS PROMULGATION OF REGULATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Monday, May 29, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. FABER explained the amendment.
Reps. M.D. BURRISS, SHARPE and HALLMAN objected to the Bill.
Rep. SHORT moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 93 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Davenport Derrick Elliott Fair Fant Farr Ferguson Glover Gordon Hallman Harris, J. Harris, P. Harvin Harwell Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Klapman Koon Limehouse Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McEachin McGinnis McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Wells Whipper Wilder Wilkins
Those who voted in the negative are
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference wee thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. SHORT, J. WILLIAMS and HASKINS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., May 31, 1989
The FREE CONFERENCE COMMITTEE, to whom was referred:
S. 93 - Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND CERTAIN OTHER ITEMS BY A GOVERNMENTAL BODY.
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 2/21/89-S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Article 1, Chapter 35, Title 11 of the 1976 Code is amended by adding:
Section 11-35-450. (A) The purchase of furniture, floor coverings, wall coverings, or any other decorative or ornamental item by a governmental body for at least one of the following uses must be reported to the governing board, commission, or council of the respective governmental body, when the cost of the furniture, covering, or item exceeds five hundred dollars, before the purchase:
(1) in an office or adjoining reception area utilized by an agency director or assistant agency director;
(2) in a board room or a conference room used as a board room.
(B) The reports required in subsection (A) must include the item to be purchased and its price. Upon receiving the reports, the governing board, commission, or council of the respective governmental body formally shall approve or disapprove the purchase."
SECTION 2. This act takes effect upon approval by the Governor.
/s/ Hugh K. Leatherman, Sr. /s/ Paul E. Short, Jr. /s/ Phil P. Leventis /s/ Terry E. Haskins /s/ Glenn F. McConnell John B. Williams On Part of the Senate. On Part of the House.
Rep. SHORT explained the Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
Rep. SHARPE moved to adjourn debate upon the following Joint Resolution until June 25, which was adopted.
H. 4053 - Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. GORDON moved to adjourn debate upon the following Bill until June 26, which was adopted.
S. 688 -- General Committee: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR AUCTIONEERS AND AUCTION FIRMS, SO AS TO PROVIDE THAT THE LICENSE FEES FOR AUCTIONEERS, APPRENTICE AUCTIONEERS, AND AUCTION COMPANIES ARE ONE HUNDRED FIFTY DOLLARS.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3662 - Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE INSURANCE LAWS OF THIS STATE, SO AS TO INCLUDE "JOB PROTECTION INSURANCE" IN THE DEFINITION OF "CASUALTY INSURANCE", TO SET FORTH WHAT JOB PROTECTION INSURANCE DOES NOT APPLY TO, TO EXEMPT INDIVIDUALS WHO SOLICIT JOB PROTECTION INSURANCE ON BEHALF OF CERTAIN INSURANCE CARRIERS FROM HAVING TO TAKE AND PASS A WRITTEN EXAMINATION IN ORDER TO BE LICENSED, AND TO PROVIDE THAT COVERAGES PROVIDED UNDER THIS TYPE OF INSURANCE ARE NOT SUBJECT TO GUARANTY FUNDS UNLESS SPECIFICALLY INDICATED IN THE LAWS GOVERNING THOSE FUNDS.
S. 589 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-230, 38-81-340, AND 38-83-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURER PARTICIPATION IN THE EXPENSES, PROFITS, AND LOSSES OF THE JOINT UNDERWRITING ASSOCIATIONS FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE, MEDICAL MALPRACTICE LIABILITY INSURANCE, AND LEGAL PROFESSIONAL LIABILITY INSURANCE, SO AS TO ELIMINATE THE CAPPING PROVISIONS ON PARTICIPATION BY AN INDIVIDUAL INSURER AT ONE PERCENT OF ITS SURPLUS TO POLICYHOLDERS AND TO PROVIDE FOR DEFERRAL OF PAYMENTS OF ASSESSMENTS UNDER CERTAIN CONDITIONS.
Rep. KOHN explained the Bill.
S. 615 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1095, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO ELECTRIC UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4074 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO GAS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 687 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO APPEALS AND HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 696 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE NATIONAL ASSOCIATION FOR STATE COMMUNITY SERVICES PROGRAMS, IN RICHLAND COUNTY.
S. 787 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MYRTLE EXECUTIVE PARK PROPERTY OWNERS ASSOCIATION, INC., IN HORRY COUNTY.
On motion of Rep. KOHN, with unanimous consent, it was ordered that S. 589 be read the third time tomorrow.
On motion of Rep. HEARN, with unanimous consent, it was ordered that S. 615 be read the third time tomorrow.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4073 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4074 be read the third time tomorrow.
On motion of Rep. MOSS, with unanimous consent, it was ordered that S. 687 be read the third time tomorrow.
On motion of Rep. HEARN, with unanimous consent, it was ordered that S. 696 be read the third time tomorrow.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that S. 787 be read the third time tomorrow.
The following Bill was taken up.
H. 3920 -- Reps. Hearn, J.W. Johnson, Lockemy and Corning: A BILL TO AMEND SECTION 38-73-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFORMATION TO BE FURNISHED INSUREDS, SO AS TO PROVIDE THAT RATING ORGANIZATIONS AND THEIR MEMBERS AND INSURERS ARE SUBJECT TO PROVISIONS OF THE FREEDOM OF INFORMATION ACT FOR CERTAIN PURPOSES.
The Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc. No. 6834k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 38-73-1080 of the 1976 Code is amended to read:
"Section 38-73-1080. Every rating organization and every and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor for and upon payment of such a reasonable charge as it may make, furnish to any insured affected by a rate made by it or to the authorized representative of the insured all pertinent information as to the rate. Every rating organization and every insurer which makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by his authorized representative, on his written request to review the manner in which the rating system has been applied in connection with the insurance afforded him. If the rating organization or insurer fails to grant or reject the request within thirty days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of the rating organization or the insurer on the request may, within thirty days after written notice of the action, appeal to the commissioner, who, after a hearing held upon not less than thirty days' written notice to the appellant and to the rating organization or insurer, may affirm or reverse the action."
Notwithstanding the provisions of Section 38-13-140, all books, accounts, papers or replies provided to the commissioner must be made available, upon written request, to any party affected by the action of the rating organization or the insurer.
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. HEARN proposed the following Amendment No. 2 (Doc. No. 5023U), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by adding at the end of Section 38-73-1080 of the 1978 Code, as contained in SECTION 1, the following:
/When an insured requests information used, directly or indirectly, to calculate his workers' compensation rate, the Chief Insurance Commissioner shall, within twenty days, request the same from the rating organization or carrier and shall promptly forward the response to the insured./
Amend title to conform.
Rep. HEARN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3920 be read the third time tomorrow.
The following Bill was taken up.
H. 3921 - Reps. Hearn, J.W. Johnson, Lockemy and Corning: A BILL TO AMEND SECTION 42-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, AWARDS PROCEDURE, AND AGREEMENT AS TO COMPENSATION, SO AS TO ALLOW AN EMPLOYER AND A CARRIER TO INITIATE PAYMENT WITHOUT AN AGREEMENT UPON FILING A NOTICE OF CONDITIONAL PAYMENT, AND TO ADD SECTION 42-9-265 SO AS TO PROVIDE THAT UPON FILING WITH THE COMMISSION A NOTICE OF CONDITIONAL PAYMENT AS DESCRIBED IN SECTION 42-17-110, THE EMPLOYER'S CARRIER OR THE EMPLOYER, IF SELF-INSURED, MAY BEGIN PAYMENT OF BENEFITS PURSUANT TO TITLE 42 WHILE THE CARRIER OR THE EMPLOYER CONDUCTS AN INVESTIGATION AS TO LIABILITY, TO FURTHER PROVIDE THAT THE EMPLOYER OR CARRIER MAY, WITHIN SIXTY DAYS AFTER THE COMMENCEMENT OF PAYMENT, CEASE FURTHER PAYMENT IF INVESTIGATION DETERMINES THE CLAIM IS NOT COMPENSABLE, TO PROVIDE FOR A HEARING ON WHY PAYMENT WAS STOPPED AND TO PROVIDE FOR A FIFTY PERCENT PENALTY WHERE PAYMENTS ARE STOPPED ARBITRARILY, AND TO REQUIRE PAYMENT OF THE PENALTY TO THE EMPLOYEE.
Rep. J. ROGERS objected to the Bill.
Rep. HEARN moved to adjourn debate upon the Bill until June 25, which was adopted.
The following Bill was taken up.
H. 3919 -- Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.
Rep. J. ROGERS objected to the Bill.
Rep. HEARN moved to adjourn debate upon the Bill until June 25, which was adopted.
Rep. BENNETT, moved to reconsider the vote whereby S. 428 was given a third reading and the motion was noted.
On motion of Rep. BENNETT, with unanimous consent, the following Bill was ordered recalled from the Senate.
S. 428 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRIPED BASS (ROCKFISH), SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY SET AND PUBLISH THE DAILY CREEL LIMITS AND SIZE LIMITS FOR STRIPED BASS AND BLACK BASS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES, SO AS TO PROVIDE THAT THE PENALTIES ASSESSED BY THE SECTION INCLUDE CONVICTIONS OF SECTION 50-13-235; AND TO REPEAL SECTIONS 50-13-220 AND 50-13-230 RELATING TO STRIPED BASS.
Rep. SIMPSON moved to reconsider the vote whereby the Bill was given a second reading, which was agreed to.
H. 3662 - Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE INSURANCE LAWS OF THIS STATE, SO AS TO INCLUDE "JOB PROTECTION INSURANCE" IN THE DEFINITION OF "CASUALTY INSURANCE", TO SET FORTH WHAT JOB PROTECTION INSURANCE DOES NOT APPLY TO, TO EXEMPT INDIVIDUALS WHO SOLICIT JOB PROTECTION INSURANCE ON BEHALF OF CERTAIN INSURANCE CARRIERS FROM HAVING TO TAKE AND PASS A WRITTEN EXAMINATION IN ORDER TO BE LICENSED, AND TO PROVIDE THAT COVERAGES PROVIDED UNDER THIS TYPE OF INSURANCE ARE NOT SUBJECT TO GUARANTY FUNDS UNLESS SPECIFICALLY INDICATED IN THE LAWS GOVERNING THOSE FUNDS.
Rep. SIMPSON moved to adjourn debate upon the Bill until June 25, which was adopted.
Rep. WOFFORD moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 686 -- General Committee: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR AUCTIONEERS AND AUCTION FIRMS, SO AS TO PROVIDE THAT THE LICENSE FEES FOR AUCTIONEERS, APPRENTICE AUCTIONEERS, AND AUCTION COMPANIES ARE ONE HUNDRED FIFTY DOLLARS.
Reps. GORDON, McEACHIN and PHILLIPS objected to the Bill.
Rep. SHARPE moved to adjourn debate upon the following Bill until June 25, which was adopted.
H. 3549 -- Reps. Rhoad, Keegan, M.D. Burriss, McBride, Sharpe, G. Bailey, L. Martin, Nesbitt, Blackwell, Bennett, Baker, Gordon, Manly, Derrick, Kay, Foster, Cooper, M.O. Alexander, Davenport, Cole, Altman, Snow, K. Bailey, McAbee, Corbett, D. Martin, Waites, Cork, Hallman, Kirsh, Wright, McTeer, McGinnis, Taylor, G. Brown, Gregory, Wilder, J. Bailey, Carnell, Burch, T. Rogers, Fant, Rama, Waldrop, Elliott, Hayes, White, Mappus and Whipper: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AFFECTING AUTOMOBILE INSURANCE LEGISLATION, SO AS TO INCLUDE BUSES OWNED BY AMERICAN LEGION POSTS IN THE DEFINITION OF "SMALL COMMERCIAL RISK."
Rep. RAMA moved to adjourn debate upon the following Bill until June 25, which was adopted.
H. 3624 -- Reps. Rama, Barber, J. Bailey, Whipper, Hallman, Kohn, Mappus, Washington, D. Martin and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-45 SO AS TO PROVIDE FOR THE TIMELY PAYMENT OF CLAIMS TO A HOSPITAL BY ACCIDENT AND HEALTH INSURERS, FOR PENALTIES, AND FOR EXCESSIVE AND IMPROPERLY PAID CLAIMS.
The following Bill was taken up.
H. 4098 -- Rep. L. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DACUSVILLE RECREATION ASSOCIATION IN PICKENS COUNTY.
Rep. L. MARTIN moved to table the Bill, which was agreed to.
Rep. McLELLAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
Rep. T. ROGERS spoke against the request.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Baxley Beasley Bennett Blanding Boan Brown, R. Carnell Chamblee Cooper Elliott Fant Ferguson Hallman Harris, J. Harris, P. Hayes Hendricks Hodges Johnson, J.W. Kay Keyserling Kirsh Klapman Limehouse Lockemy Manly Mappus Martin, D. Mattos McAbee McEachin McElveen McLellan McTeer Neilson Nesbitt Nettles Phillips Rogers, J. Sheheen Short Snow Stoddard Townsend Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Bailey, G. Baker Barfield Brown, H. Brown, J. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Corbett Corning Davenport Derrick Faber Fair Farr Felder Foster Gentry Glover Gordon Harvin Harwell Haskins Hearn Jaskwhich Johnson, J.C. Keegan Keesley Kohn Koon Lanford Littlejohn Martin, L. McBride McCain McGinnis Moss Quinn Rama Rogers, T. Rudnick Sharpe Simpson Smith Sturkie Taylor Tucker Vaughn Waites Waldrop Wells Wilkes Winstead Wofford Wright
So, having failed to receive the necessary two-thirds vote, the motion to grant free conference powers was rejected.
Rep. LIMEHOUSE, with unanimous consent, withdrew his objection to the following Bill.
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.
Rep. ELLIOTT, with unanimous consent, withdrew his objection to the following Bill.
H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Rep. FAIR asked unanimous consent to recall H. 3254 from the Committee on Labor, Commerce and Industry.
Rep. LIMEHOUSE objected.
Rep. KLAPMAN, with unanimous consent, withdrew his objection to the following Bill.
H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.
Rep. G. BROWN asked unanimous consent to recall H. 3171 from the Committee on Agriculture and Natural Resources.
Rep. KOON objected.
On motion of Rep. MOSS, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 809 -- Senators Horace C. Smith, J. Verne Smith, Pope, Hayes, Stilwell, Thomas, Lee, O'Dell, Setzler and Drummond: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 116 SO AS TO AUTHORIZE PUBLIC SAFETY AND SECURITY DEPARTMENTS OF PRIVATE COLLEGES AND UNIVERSITIES IN THE STATE AND THEIR CAMPUS POLICE OFFICERS TO EXERCISE LAW ENFORCEMENT POWERS INCLUDING THE POWER TO ARREST AND TO PRESCRIBE QUALIFICATIONS AND TRAINING STANDARDS FOR THE OFFICERS INCLUDING ATTENDANCE AT THE CRIMINAL JUSTICE ACADEMY.
On motion of Rep. MOSS, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 809 -- Senators Horace C. Smith, J. Verne Smith, Pope, Hayes, Stilwell, Thomas, Lee, O'Dell, Setzler and Drummond: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 116 SO AS TO AUTHORIZE PUBLIC SAFETY AND SECURITY DEPARTMENTS OF PRIVATE COLLEGES AND UNIVERSITIES IN THE STATE AND THEIR CAMPUS POLICE OFFICERS TO EXERCISE LAW ENFORCEMENT POWERS INCLUDING THE POWER TO ARREST AND TO PRESCRIBE QUALIFICATIONS AND TRAINING STANDARDS FOR THE OFFICERS INCLUDING ATTENDANCE AT THE CRIMINAL JUSTICE ACADEMY.
The Bill was read the second time and ordered to third reading.
On motion of Rep. MOSS, with unanimous consent, it was ordered that S. 809 be read the third time tomorrow.
On motion of Rep. SHORT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture and Natural Resources.
H. 3820 -- Reps. Short, Ferguson, Phillips, Hayes, Littlejohn, Wells, Farr, Nesbitt, McGinnis, Kirsh, Hodges, Lanford and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-704 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 4 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Rep. RUDNICK, with unanimous consent, moved that when the House adjourns it adjourn in memory of Rep. Claude Pepper, which was agreed to.
Rep. WALDROP, with unanimous consent, withdrew his objection to the following Bill.
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3820 -- Reps. Short, Ferguson, Phillips, Hayes, Littlejohn, Wells, Farr, Nesbitt, McGinnis, Kirsh, Hodges, Lanford and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-704 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 4 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
The Bill was read the second time and ordered to third reading.
On motion of Rep. SHORT, with unanimous consent, it was ordered that H. 3820 be read the third time tomorrow.
The Senate Amendments to the following Joint Resolution were taken up for consideration.
H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.
Reps. McLELLAN, KLAPMAN and J.W. JOHNSON proposed the following Amendment No. 28 (Doc. No. 5276U), which was adopted.
Amend the resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1988-89 the following amounts:
(1) Employee Bonus
One-time bonus $8,886,190
$8,886,190
1.1 Effective on the first pay day after November 30, 1989, each state employee who has been in continuous state service since June 2, 1989, is eligible to receive a one-time lump-sum payment. Effective on the date of the lump-sum payment, employees who earn $20,000 or less must receive $286 and those employees who earn more than $20,000 must receive $143. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employer or employee contributions to the respective retirement systems. This appropriation may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources. Legislative and judicial employees must receive the above one-time lump-sum payment; however, no additional funds are provided for these payments. The bonus for the employees in the Legislature and Judiciary must be funded out of their respective budgets.
1.2 The lump sum payment to which a classified state employee, who was employed on June 1, 1989, and who died after June 1, 1989, but before December 1, 1989, would have been entitled under the provisions of 1.1 above had he remained in continuous state service until December 1, 1989, must be paid to his estate if open, and to the residual heirs or beneficiaries of his estate if the estate has been closed. The payment required by this section must be made by the State Treasurer upon warrant of the Comptroller General from the state general fund in the manner the Budget and Control Board shall direct within thirty days after the estate, heirs, or beneficiaries notify the Division of Human Resource Management of the Budget and Control Board of the person or entity to whom the payment should be made. The division may require that proof of proper inheritance as it considers necessary. Any decision of the division as to whom the proper heirs or beneficiaries are of a deceased state employee if his estate has been closed is final and not appealable in a court of competent jurisdiction.
(2) Health Insurance Reserve
Deficiency 25,926,983
25,926,983
2.1 The $25,926,983 appropriated in this item for "Health Insurance Restoration-Deficit", together with the $6,850,000 appropriated in Part III of the fiscal year 1989-90 General Appropriations Act for Health Insurance Restoration-Deficit, must be allocated to agencies and institutions for the state and school district share of a temporary $251 surcharge on the employer share of health insurance premiums for all state employees, school district employees, and retirees. It is the intent of the General Assembly that this surcharge be used to eliminate the deficit in the State Health Insurance Fund in the 1989 plan year and that all proceeds from this surcharge must be applied to the State Health Insurance Fund. The employer shall pay the entire amount of this surcharge, and, for state employees, state funds must be used only in the same proportion as the employer share of the employees regular health insurance premium is paid from state funds. On a date no later than July 10, 1989, the State Retirement System shall bill all state agencies for this surcharge on all employees and retirees based on the actual July employee count. The State Budget Division shall transfer state funds to the State Health Insurance Fund on behalf of agencies and school districts; agencies may elect to remit the share of the surcharge to be paid from federal or other funds in equal monthly payments over a six-month period.
(3) Higher Education
Cutting Edge 3,026,799
3,026,799
3.1 Of the funds appropriated for the Cutting Edge: Research Investment Initiative, twenty-five percent of the funds must be allocated to the State's senior public colleges. If the number of quality proposals for funds submitted by the senior colleges does not necessitate the twenty-five percent allocation, then the remaining funds must be allocated by the Commission on Higher Education to the State's public universities.
(4) Department of Health and
Environmental Control
Computer Network -
County Offices 1,480,000
1,480,000
(5) Savannah Valley Authority
Hampton Project 1,325,000
1,325,000
5.1 Notwithstanding any other provision of law, the Savannah Valley Authority shall expend any appropriated funds designated for the "Hampton Project" at the direction of the Hampton County Industrial Development Commission.
(6) Tax Commission
Equipment - Revenue
Enhancement 1,116,873
1,116,873
(7) Aeronautics Commission
Engine Overhaul
Helicopter Retrofit 230,000
156,000
386,000
(8) Workers' Compensation Commission
Computer System 500,000
500,000
(9) Educational Television
Equipment - New
Facility 4,000,000
4,000,000
(10) Department of Mental Health
Medicaid Repayment - Crafts
Farrow Audit 900,000
Bond Payoff for V.A.
Nursing Home 979,613
1,879,613
(11) Legislative Department
Legislative Audit
Council Management
Review
50,000
50,000
11.1 The funds appropriated in this item for the Legislative Audit Council Management Review must be expended for the purpose of engaging a management consultant to perform a full scope review of the management structure and practices of the Legislative Audit Council. The management consultant must be selected by the Speaker of the House, the President Pro Tempore of the Senate or his designee, the chairmen of the Senate Finance Committee and the House Ways and Means Committee, and the chairmen of the Senate and House Judiciary Committees.
(12) Adjutant General
Armory Maintenance 215,771
216,771
(13) Francis Marion
At-Risk Youth 50,000
50,000
(14) Orangeburg Tech
Permanent Improvement 400,000
400,000
(15) Department of Education
Textbooks 3,590,820
3,590,820
(16) Human Affairs Commission
Computer 161,000
161,000
(17) Forestry Commission
Equipment - Forest
Fire Control 533,887
533,887
17.1 Funds appropriated to the Forestry Commission for Equipment - Forest Fire Control must be expended only for that purpose.
(18) Department of Agriculture
Peach Marketing 25,000
25,000
(19) Clemson PSA
Aquaculture Equipment 120,000
Food Packaging
Equipment 80,480
200,000
(20) Development Board
Rail Bank 100,000
100,000
(21) Budget and Control Board
Budget Division
Equipment 500
500
Total Capital Reserve-
Fund $53,854,916/
Amend title and totals to conform.
Rep. McLELLAN explained the amendment.
The question then recurred to the adoption of the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Blanding Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Derrick Elliott Faber Fair Fant Farr Ferguson Foster Gentry Glover Gordon Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McTeer Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Winstead Wofford Wright
Those who voted in the negative are:
So, having received the two-thirds vote of those present and voting, and no less than three-fifths of the membership of the body, the amendment was adopted.
The Senate Amendments, as amended, were then agreed to and the Joint Resolution ordered sent to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
S. 322 -- Senators Setzler, Nell W. Smith, Rose, Wilson, McConnell, Land, Leventis, Peeler, Helmly, Stilwell, Russell, Hayes, Mullinax, Lourie, Passailaigue, Courson, Moore, McGill, Martschink, McLeod and Horace C. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-6-15 SO AS TO PROVIDE FOR THE COMPOSITION, ORGANIZATION, AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; BY AMENDING SECTION 59-6-20 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION, THE STEERING COMMITTEE OF THE EDUCATION-BUSINESS PARTNERSHIP, AND THE JOINT SUBCOMMITTEE; TO PROVIDE FOR THE DUTIES AND POWERS OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN PUBLIC EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; AND BY AMENDING SECTION 59-6-30 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROVIDE AN ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT TO THE BUSINESS-EDUCATION SUBCOMMITTEE; TO REQUIRE THAT THE BUSINESS-EDUCATION SUBCOMMITTEE REPORT ON THE ASSESSMENT TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION; TO REQUIRE THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION TO PROVIDE A REPORT ON THE ASSESSMENT TO THE GENERAL ASSEMBLY ON FEBRUARY FIRST RATHER THAN ON JANUARY FIRST; AND TO PROVIDE FOR THE STAFFING OF THE BUSINESS-EDUCATION SUBCOMMITTEE.
Rep. BEASLEY moved to adjourn debate upon the Senate Amendments, which was adopted.
The Senate Amendments to the following Bill were taken up for consideration.
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 Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.
Reps. SHEHEEN, McELVEEN, HALLMAN and McLEOD proposed the following Amendment No. 7 (Doc. No. 5263U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4, lines 43 and 44, page 5, and lines 1 through 35, page 6, and inserting:
/SECTION 4. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Section 44-56-165. Of the fee imposed under Section 44-56-170(C), two dollars a ton must be used to fund hazardous waste reduction and minimization activities of the department. Of the fee imposed under Section 44-56-170(E), one dollar a ton must be used to fund hazardous waste reduction and minimization activities of the department. Funding for this activity is not limited to the amount collected annually and may be supported by the general appropriation of the General Assembly. Aqueous wastes which are hazardous only because of ph are exempt from this fee if they are generated and treated on site in a permitted wastewater treatment plant. In addition to funding hazardous waste reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section 44-56-130(4), (5), and (6)."/
Amend further by striking SECTION 9, page 9, lines 24 and 25, and inserting:
/SECTION 9. Section 44-56-130 of the 1976 Code is amended by adding:
(4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment.
(5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage.
(6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal."
SECTION 10. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Reps. McELVEEN, McLEOD, BAXLEY, G. BROWN, BLANDING, HALLMAN, CORBETT, WAITES, SHEHEEN, KEYSERLING and McEACHIN proposed the following Amendment No. 8 (Doc. No. 5256U), which was tabled.
Amend the bill, as and if amended, by striking SECTION 2 which begins on page 5 and inserting:
/SECTION 2. Section 44-56-60 of the 1976 Code is amended by adding a new subsection at the end to be appropriately numbered to read:
"( ) No land waste disposal or storage facility for hazardous waste or its authority to operate may be expanded, enlarged, or increased prior to the promulgation and establishment of site suitability criteria by the Department of Health and Environmental Control. Before a new permit, modified permit, or renewal of a permit to dispose or store by landfilling of hazardous waste may be issued, a site suitability study conforming to criteria as set forth by the Department of Health and Environmental Control must be conducted by either the department or an independent party contracted by the department, with the applicant responsible for payment to the Department of Health and Environmental Control of all costs associated with the site suitability study. However, an interim permit may be issued prior to the promulgation of the site suitability criteria by the department, provided that any interim permit issued is contingent upon and subject to the site suitability criteria when promulgated or enacted by statute and is not effective beyond ninety days from the date of promulgation of the site suitability criteria, during which time a site suitability study must be performed on the land waste disposal or storage facility.
The Department of Health and Environmental Control must have site suitability criteria established by March 15, 1990. A hazardous waste landfill established before approval of the site suitability criteria or established after approval which does not meet the siting criteria must close immediately upon that determination.
In the interim period prior to the effective date of a final permit decision, a lawfully operating land waste disposal or storage facility for hazardous waste shall either comply in all respects with any draft or final permit prepared by the department for the facility, or the facility shall cease operations and comply fully with the regulations of the department applicable to a facility for which a permit has been terminated.
The Department of Health and Environmental Control may not grandfather any land disposal or storage facilities permitted for the disposal or storage of hazardous wastes in regulations it adopts concerning site suitability."/
Renumber subsections to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Reps. McEACHIN, HALLMAN, BAXLEY and CORBETT spoke in favor of the amendment.
Rep. WINSTEAD spoke against the amendment and moved to table the amendment.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barfield Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Davenport Derrick Faber Fair Fant Farr Felder Foster Gentry Glover Harris, J. Harris, P. Harwell Haskins Hearn Huff Jaskwhich Johnson, J.C. Kay Kohn Koon Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis Moss Nesbitt Nettles Rama Rhoad Rogers, J. Sharpe Short Simpson Smith Snow Taylor Townsend Tucker Vaughn Waldrop Washington Whipper White Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Barber Baxley Blanding Brown, G. Corbett Gordon Hallman Harvin Hayes Hendricks Hodges Keesley Keyserling Lanford Limehouse Manly Mappus McEachin McElveen McLeod McTeer Neilson Phillips Quinn Rudnick Sheheen Waites Wilder Wofford
So, the amendment was tabled.
Reps. McELVEEN, McLEOD, BAXLEY, G. BROWN, BLANDING, HALLMAN, CORBETT, WAITES, SHEHEEN, KEYSERLING and McEACHIN proposed the following Amendment No. 9 (Doc. No. 5257U), which was tabled.
Amend the bill, as and if amended, by adding a new Section 44-56-220(d) immediately after Section 44-56-220(c) of the 1976 Code, as contained on page 5, to read:
/Section 44-56-220(d). No land waste disposal facility used for the disposal or storage of hazardous waste may be issued a new permit, modified permit, or renewed permit until the department is satisfied that the facility is capable of providing the financial assurances necessary to protect the people and environment of the State during its operation and after closure of the facility./
Renumber sections to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Davenport Derrick Faber Fant Farr Felder Foster Glover Harris, J. Harwell Hearn Hodges Huff Jaskwhich Johnson, J.W. Kay Klapman Kohn Koon Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay Moss Neilson Nesbitt Nettles Rama Rhoad Rogers, J. Sharpe Simpson Smith Snow Taylor Townsend Tucker Vaughn Waldrop Whipper White Wilkes Winstead Wright
Those who voted in the negative are:
Bailey, K. Barber Barfield Baxley Blanding Brown, G. Corbett Elliott Fair Gentry Gordon Hallman Harvin Hayes Hendricks Johnson, J.C. Keegan Keesley Keyserling Kirsh Lanford Limehouse Manly Mappus McEachin McElveen McLeod McTeer Quinn Rogers, T. Rudnick Sheheen Waites Wells Wilder Wofford
So, the amendment was tabled.
Reps. WAITES, KEYSERLING and McELVEEN proposed the following Amendment No. 12 (Doc. No. 5261U), which was tabled.
Amend the bill, as and if amended, in SECTION 2, by striking the last paragraph of SECTION 2, as contained on page 6 and inserting:
/Upon promulgation of site suitability standards, any new or existing facility shall comply with these standards prior to issuance of a Part B permit. These standards must be incorporated in and shall become a condition of any Part B permit. Failure to meet the site suitability standard regulations is deemed to be a failure to meet the conditions of the permit./
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. SHARPE spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barfield Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Davenport Derrick Faber Fair Fant Felder Foster Harris, J. Harris, P. Harwell Haskins Hearn Huff Jaskwhich Kay Koon Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Sharpe Simpson Smith Snow Taylor Townsend Tucker Vaughn Waldrop Whipper White Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Bailey, K. Barber Baxley Blanding Brown, G. Corbett Elliott Gentry Gordon Hallman Harvin Hayes Hendricks Hodges Johnson, J.C. Keegan Keesley Keyserling Lanford Limehouse Littlejohn Manly Mappus McEachin McElveen McLeod McTeer Quinn Rogers, T. Rudnick Waites Wells Williams, J.
So, the amendment was tabled.
Reps. McLEOD, BAXLEY, BLANDING, G. BROWN, McELVEEN, WAITES and HARVIN proposed the following Amendment No. 13 (Doc. No. 5247U).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The Department of Health and Environmental Control may not exempt any existing land waste disposal facility or any facility used for the disposal or storage of hazardous waste when it adopts regulations establishing siting criteria for new land waste disposal facilities or any facilities used for the disposal or storage of hazardous waste which meet or are more stringent than those regulations promulgated by the Environmental Protection Agency./
Renumber sections to conform.
Amend title to conform.
Rep. E.B. McLEOD explained the amendment.
Further proceedings were interrupted by a request for Free Conference Powers, the pending question being consideration of Amendment No. 13, Rep. E.B. McLEOD having the floor.
Rep. McLELLAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
Reps. T. ROGERS and TOWNSEND spoke in favor of granting free conference powers.
Reps. BAKER and HASKINS spoke against granting free conference powers.
Rep. HASKINS moved that the House resolve itself into a Committee of the Whole, which was rejected by a division vote of 32 to 73.
The question then recurred to the motion to grant free conference powers.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. 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 Corning Davenport Derrick Elliott Faber Fair Farr Ferguson Foster Gentry Gordon Hallman Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Baker Felder Glover Harwell Koon Lanford McCain
So, the motion to resolve the Committee of Conference into a Committee of Free Conference wee agreed to.
The Committee of Conference wee thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. McLELLAN, KLAPMAN and J.W. JOHNSON to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of Amendment No. 13, Rep. McLEOD having the floor.
H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.
Rep. FABER moved that the House do now adjourn.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Baker Barfield Bennett Brown, G. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Derrick Faber Felder Ferguson Foster Glover Gordon Harvin Harwell Hendricks Klapman Kohn Koon Manly Mappus Martin, L. Mattos McAbee McCain McGinnis McKay Neilson Nesbitt Nettles Rama Short Simpson Snow Sturkie Taylor Townsend Waldrop Wells Whipper Williams, J. Winstead
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Barber Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Burch Carnell Cole Corbett Davenport Elliott Fair Farr Gentry Hallman Harris, J. Harris, P. Haskins Hayes Hearn Hodges Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Keyserling Kirsh Lanford Limehouse Littlejohn Lockemy Martin, D. McBride McEachin McElveen McLeod McTeer Moss Phillips Quinn Rogers, J. Rudnick Sharpe Sheheen Smith Tucker Vaughn Waites White Wilder Wilkes Wilkins Wofford Wright
So, the House refused to adjourn.
Rep. LIMEHOUSE moved to rescind Rule 3.9, which was rejected by a division vote of 47 to 59.
Debate was resumed on Amendment No. 13, which was proposed on Wednesday, May 31, by Reps. McLEOD, BAXLEY, McELVEEN, et al.
Rep. McLEOD continued speaking.
Rep. STURKIE moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Davenport Derrick Faber Felder Foster Gentry Glover Harris, J. Harris, P. Harwell Haskins Hearn Hodges Huff Jaskwhich Kay Kohn Koon Limehouse Littlejohn Lockemy Martin, L. Mattos McAbee McBride McCain McGinnis McKay Moss Nesbitt Nettles Rama Rogers, J. Sharpe Short Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waldrop Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Bailey, K. Barber Barfield Baxley Blanding Brown, G. Cooper Corbett Fair Hallman Harvin Hayes Johnson, J.C. Keegan Keesley Keyserling Manly Mappus McEachin McElveen McLeod McTeer Neilson Quinn Rudnick Sheheen Waites Wells
So, the amendment was tabled.
Reps. McELVEEN, McLEOD, BAXLEY, G. BROWN, BLANDING, HALLMAN, CORBETT and WAITES proposed the following Amendment No. 10 (Doc. No. 5270U), which was tabled.
Amend the bill, as and if amended, by striking SECTION 3 which begins on page 6 and inserting:
/SECTION 3. Of the fee collected pursuant to Section 44-56-l 70(C), one dollar a ton must be remitted by the department at least quarterly to the Pinewood Hazardous Waste Contingency Fund, two dollars a ton must be remitted at least quarterly to the Sumter County Contingency Fund, and two dollars a ton must be deposited at least quarterly by the department in its Hazardous Waste Contingency Fund./
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. STURKIE moved to table the amendment, which was agreed to.
Reps. McELVEEN, McLEOD, BAXLEY, G. BROWN, BLANDING, HALLMAN, CORBETT, WAITES and McEACHIN proposed the following Amendment No. 14 (Doc. No. 5256U), which was tabled.
Amend the bill, as and if amended, by striking SECTION 2 which begins on page 5 and inserting:
/SECTION 2. Section 44-56-60 of the 1976 Code is amended by adding a new subsection at the end to be appropriately numbered to read:
"( ) No land waste disposal or storage facility for hazardous waste or its authority to operate may be expanded, enlarged, or increased prior to the promulgation and establishment of site suitability criteria by the Department of Health and Environmental Control. Before a new permit, modified permit, or renewal of a permit to dispose or store by landfilling of hazardous waste may be issued, a site suitability study conforming to criteria as set forth by the Department of Health and Environmental Control most be conducted by either the department or an independent party contracted by the department, with the applicant responsible for payment to the Department of Health and Environmental Control of all costs associated with the site suitability study. However, an interim permit may be issued prior to the promulgation of tho site suitability criteria by the department, provided that any interim permit issued is contingent upon and subject to the site suitability criteria when promulgated or enacted by statute and is not effective beyond ninety days from the date of promulgation of the site suitability criteria, during which time a site suitability study must be performed on the land waste disposal or storage facility.
The Department of Health and Environmental Control must have site suitability criteria established by March 15, 1990. A hazardous waste landfill established before approval of the site suitability criteria or established after approval which does not meet the siting criteria must close immediately upon that determination.
In the interim period prior to the effective date of a final permit decision, a lawfully operating land waste disposal or storage facility for hazardous waste shall either comply in all respects with any draft or final permit prepared by the department for the facility, or the facility shall cease operations and comply fully with the regulations of the department applicable to a facility for which a permit has been terminated. A lawfully operating land waste disposal facility may continue to operate during the period when site suitability regulations are being promulgated and while a site suitability study is being developed. The Department of Health and Environmental Control may not grandfather any land disposal or storage facilities permitted for the disposal or storage of hazardous wastes in regulations it adopts concerning site suitability."/
Renumber subsections to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. G. BAILEY moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Beasley Bennett Blackwell Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Davenport Derrick Faber Fant Felder Glover Gordon Harris, P. Harwell Haskins Hearn Huff Jaskwhich Kay Kohn Koon Lockemy Martin, L. Mattos McAbee McBride McCain McGinnis McKay Moss Nesbitt Nettles Rama Rhoad Rogers, J. Sharpe Smith Snow Sturkie Taylor Tucker Vaughn Waldrop Wilkes Winstead Wright
Those who voted in the negative are:
Bailey, J. Bailey, K. Barber Barfield Baxley Blanding Brown, G. Corbett Elliott Fair Hallman Harris, J. Harvin Hayes Hodges Johnson, J.C. Keegan Keesley Keyserling Lanford Limehouse Littlejohn Manly Mappus McEachin McElveen McLeod McTeer Quinn Rudnick Sheheen Waites
So, the amendment was tabled.
The Senate Amendments, as amended, were then agreed to and the Bill ordered sent to the Senate.
Rep. HASKINS moved that the House recur to the morning hour.
Rep. G. BAILEY insisted upon the Special Orders of the day.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. LIMEHOUSE having the floor.
S. 721 -- Senators Waddell and Lindsay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-47-445 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 12-47-440 RELATING TO ABATEMENT AND REFUND DO NOT APPLY TO CLAIMS FOR ABATEMENT OR REFUND RESULTING FROM A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION DECLARING A TAX LAW OF THIS STATE UNCONSTITUTIONAL OR OTHERWISE UNLAWFUL AND TO DEFINE "FINAL DECISION".
Rep. LIMEHOUSE continued speaking and moved to continue the Bill, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 350 -- Senator Drummond: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING; TO AMEND THE 1976 CODE BY ADDING SECTIONS 31-1-40 AND 31-1-50 SO AS TO REQUIRE AN ELECTRICAL PERMIT FOR A CONNECTION TO A MOBILE HOME; AND TO REPEAL ARTICLE 1, CHAPTER 17 OF TITLE 31 RELATING TO MOBIL HOMES AND HOUSE TRAILERS.
The following was introduced:
H. 4135 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 783, RELATING TO ELECTION OF MEMBERS OF THE STATE BOARD OF SOCIAL SERVICES, FOR IMMEDIATE CONSIDERATION.
Be it resolved by the House of Representatives:
That S. 783 be set by special order for immediate consideration.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
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.
Be it resolved by the Senate, the House of Representatives concurring:
/That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, June 20, 1989, immediately after the election of a successor to the judge of the Family Court, Fifth Judicial Circuit, Seat 3, for the purpose of electing members to the State Board of Social Services from the second, fourth, and sixth Congressional Districts and the at-large seat./
Amend title to conform.
Reps. HUFF, McTEER, T. M. BURRISS, FAIR, GENTRY, GORDON, MARVIN, HENDRICKS, J.W. JOHNSON, KEYSERLING, McEACHIN, McELVEEN, McLELLAN, TUCKER and WILKINS proposed the following Amendment No. 2 (Doc. No. 5324U), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, June 20, 1989, immediately after the election of a successor to the judge of the Family Court, Fifth Judicial Circuit, Seat 3, for the purpose of electing members to the State Board of Social Services from the second, fourth, and sixth Congressional Districts and the at-large seat./
Amend title to conform.
Rep. LANFORD proposed the following Amendment No. 3 (Doc. No. 5332U), which was tabled.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives at 12:00 noon on Thursday, June 1, 1989, for the purpose of electing members to the State Board of Social Services from the second, fourth, and sixth Congressional Districts and the at-large seat./
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Barfield Bennett Blackwell Blanding Brown, G. Brown, J. Brown, R. Carnell Chamblee Elliott Faber Fair Fant Felder Ferguson Foster Glover Gordon Harris, P. Harvin Hayes Hodges Huff Kay Keyserling Lockemy Manly Mappus Martin, D. Mattos McAbee McBride McCain McEachin McElveen McTeer Nesbitt Nettles Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Taylor Tucker Waites Whipper White Wilder Wilkes Wilkins Williams, J.
Those who voted in the negative are:
Baker Baxley Boan Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Farr Gentry Hallman Harris, J. Harwell Haskins Hearn Jaskwhich Keegan Keesley Klapman Kohn Koon Lanford Limehouse Littlejohn Martin, L. McGinnis McKay McLeod Moss Neilson Phillips Quinn Rama Sturkie Townsend Vaughn Waldrop Wells Wofford Wright
So, the amendment was tabled.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
On motion of Rep. HUFF the House non-concurred in the Senate Amendments to the following Concurrent Resolution, and a message was ordered sent to the Senate accordingly.
S. 826 -- Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 1989, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, 13, 14, 15, AND 16, 1989, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 16, 1989, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 19, 1989, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 19, 1989, AND ON SUBSEQUENT DAYS THEREAFTER UNTIL IT SHALL STAND ADJOURNED SINE DIE.
Rep. HASKINS moved that the House recur to the morning hour.
Rep. FABER moved that the House do now adjourn.
Rep. MOSS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Baker Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Fant Felder Ferguson Foster Glover Gordon Harris, J. Harris, P. Harvin Harwell Hodges Keesley Keyserling Koon Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLeod Nesbitt Nettles Rhoad Rogers, J. Rudnick Short Simpson Snow Sturkie Taylor Tucker Whipper White Winstead
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Barber Barfield Baxley Blackwell Brown, H. Burriss, M.D. Burriss, T.M. Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Farr Gentry Hallman Haskins Hayes Hearn Huff Jaskwhich Johnson, J.C. Kay Keegan Klapman Kohn Lanford Limehouse Lockemy Mappus McElveen McTeer Moss Neilson Phillips Quinn Rama Rogers, T. Sharpe Sheheen Smith Townsend Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 3992 -- Reps. McEachin, McKay, Nettles and Glover: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME A PORTION OF S.C. HIGHWAY 51 IN FLORENCE COUNTY THE HERBERT THOMAS FLOYD MEMORIAL HIGHWAY.
At 8:00 P.M. the House in accordance with the motion of Rep. RUDNICK adjourned in memory of Representative Claude Pepper to meet at 10:00 A.M. tomorrow.
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