Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, Who by Your providence did lead our forefathers to this land wherein they found freedom and liberty, ever guide by Your wisdom that our Nation in the way of justice and peace so that we may never fail to receive the blessings which You have promised to that people whose God is the Lord. Keep us under the all-inclusive blanket of Your guidance that we may ever remain "the land of the free and the home of the brave". Deliver us from discord and disunity into the path of peace and goodwill. Keep ever before us the goal of a greater Nation and a better world seeking the road of freedom for all.
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.
The question of a quorum was raised.
A quorum was later present.
The following was introduced:
H. 3526 -- Reps. T.C. Alexander and Phillips: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE FEASIBILITY AND COST OF REPLACING HIGHWAY SIGNS STATING "SLOWER TRAFFIC KEEP RIGHT" WITH SIGNS STATING "KEEP RIGHT EXCEPT TO PASS" AND TO REPORT ITS FINDINGS TO THE APPROPRIATE HOUSE AND SENATE COMMITTEES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. L. MARTIN moved that when the House adjourns it adjourn in memory of Mrs. Jean Louise Reamsbottom McKissick of Greenville, which was agreed to.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3520 -- Reps. Whipper, Rogers, White, Hallman, Fulmer, Holt, J. Bailey, Beatty, McLeod, Haskins, Kempe and Rudnick: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-401 SO AS TO REQUIRE A CONSUMER CREDIT REPORTING AGENCY TO ACCURATELY REPORT INFORMATION AND TO VERIFY AND UPDATE CONSUMER CREDIT INFORMATION WITHIN THIRTY DAYS OF RELEASING THE INFORMATION AND TO PROVIDE CIVIL LIABILITY FOR NONCOMPLIANCE.
Referred to Committee on Labor, Commerce and Industry.
H. 3521 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO REQUIRE UNDER THE POLLUTION CONTROL ACT THAT A PERMIT TO EXPAND OR CONSTRUCT A NEW HAZARDOUS, INFECTIOUS, OR SOLID WASTE FACILITY MAY NOT BE ISSUED UNLESS THE APPLICANT DEMONSTRATES THE NEED FOR THE FACILITY OR EXPANSION, AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS TO IMPLEMENT THE DEMONSTRATION OF NEED REQUIREMENTS FOR CERTAIN FACILITIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3523 -- Reps. Vaughn, Corbett, Rogers, G. Brown, Baker, Littlejohn, Cato, Whipper, McBride, Holt, J. Bailey, Rama, Haskins, Wells, Waites, McGinnis, Meacham and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
Referred to Committee on Judiciary.
H. 3524 -- Reps. Kirsh and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-145 SO AS TO DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-10, RELATING TO DEFINITIONS USED IN THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "MOTORCYCLE" AND ADD THE DEFINITION OF "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-50, RELATING TO BEGINNER'S DRIVING PERMITS, SO AS TO REDUCE FROM TWENTY-ONE TO EIGHTEEN YEARS THE AGE OF A LICENSED DRIVER WHO MUST ACCOMPANY A PERMITTEE AND ESTABLISH PROVISIONS FOR THE ACCOMPANYING DRIVER WHEN THE PERMITTEE IS DRIVING A THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, RELATING TO A DRIVER'S LICENSE EXAMINATION, SO AS TO AUTHORIZE A LICENSEE TO OPERATE A THREE-WHEEL VEHICLE WITH A BASIC DRIVER'S LICENSE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA MOTOR VEHICLE REGISTRATION AND LICENSING ACT, SO AS TO REDEFINE "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF "MOTORCYCLE", SO AS TO REDEFINE IT; AND TO AMEND SECTION 56-19-10, RELATING TO DEFINITIONS USED IN THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO REDEFINE THE DEFINITION OF "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE".
Referred to Committee on Education and Public Works.
H. 3525 -- Reps. Kirsh and Klapman: A BILL TO AMEND SECTIONS 12-7-1120, 12-7-1130, 12-7-1140, 12-7-1150, 12-7-1160, 12-7-1170, AND 12-7-1190, RELATING TO ALLOCATION OR APPORTIONMENT OF INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO REQUIRE CORPORATIONS TO APPORTION RATHER THAN ALLOCATE CERTAIN TYPES OF CORPORATE INCOME; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1125, SO AS TO PROVIDE FOR THE CORPORATE APPORTIONMENT OF INCOME; AND TO REPEAL SECTION 12-7-1110, RELATING TO THE DEFINITION OF PRINCIPAL PLACE OF BUSINESS.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beasley Beatty Bennett Brown, H. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Faber Fair Farr Foster Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Hayes Hendricks Hodges Holt Houck Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, D. Martin, L. Mattos McAbee McBride McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, February 14.
Sara Manly Irene Rudnick Grady Brown Joe E. Brown William Boan Mike Jaskwhich Dell Baker Larry Koon L. Morgan Martin Terry E. Haskins C. Lenoir Sturkie John G. Felder Alex Harvin, III
SENT TO THE SENATE
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3499 -- Reps. Altman and Snow: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.
H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: GRADES 9-12, VII. THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1348, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1349, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3486 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3487 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL COUNCIL, RELATING TO AMENDMENTS TO THE COASTAL ZONE MANAGEMENT ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1341, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3514 -- Reps. Kirsh, Meacham, Foster and Hayes: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO REVISE THE AREA OF ONE OF THE SANCTUARIES IN YORK COUNTY.
H. 3508 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND DEFINE TERMS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-5-120, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL CAPITAL AND SURPLUS, AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL SURPLUS, AND PROVIDE FOR INITIAL SURPLUS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES; TO AMEND SECTION 38-11-10, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; TO AMEND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS, SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO INCREASE THE NET WORTH REQUIREMENTS, PROVIDE REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990; TO AMEND SECTION 38-55-30, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.
Rep. T.C. ALEXANDER explained the Bill.
H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LIFE REINSURANCE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3510 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO VALUATION OF INVESTMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. T.C. ALEXANDER explained the Joint Resolution.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3514 be read the third time tomorrow.
The following Bill was taken up.
H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
Rep. HOLT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7211.BD), which was adopted.
Amend the bill, as and if amended, Section 24-3-410(B)(7), contained in SECTION 1, page 2, line 27, after /Code 27./ by inserting /The Department of Labor shall determine if the work displaces employed workers./ so that when amended Section 24-3-410 reads:
/Section 24-3-410. (A) It shall be is unlawful to sell or offer for sale on the open market of this State any articles or products manufactured or produced wholly or in part by convicts or prisoners inmates in this or any other another state, except convicts or prisoners.
(B) The provisions of this section do not apply to:
(1) articles manufactured or produced by persons on parole or probation, and except the following agricultural products: Cattle;
(2) the production of cattle, cotton, Turkish tobacco (Turkish), soybeans, and wheat; provided, however, that this section shall not apply to
(3) products sold by the Department of Corrections which are made by inmates in the hobbycraft program; provided, further, that the provisions of this section shall not apply to any prisoner-made
(4) articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31, of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1954 1986; provided, further that the provisions of this section shall not apply to prisoner-made
(5) road and street designation signs sold to private developers; and provided, further, that the provisions of this section shall not apply to any prisoner-made
(6) articles or products made in an adult work activity center established by the Department of Corrections through contract contracts with private sector business businesses which centers provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the prisoner inmate on a piece completed basis.;
(7) products sold intrastate or interstate produced by inmates of the Department of Corrections employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, 'products' does not include goods and Standard Industrial Classification Code 27. The Department of Labor shall determine if the work displaces employed workers.
(C) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not less than two hundred dollars, nor more than five thousand dollars, or by imprisonment in jail imprisoned for not less than three months nor more than one year, or both. Each such sale or offer for sale shall constitute is a separate offense under this section. Proceeds of the sale of all agricultural products, when produced by an instrumentality under control of the State Board of Corrections, shall must be applied as provided in Section 24-1-250./
Amend title to conform.
Rep. CHAMBLEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3240 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-31-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE ADDITIONAL POWERS PERTAINING TO MAXIMUM ASSESSMENTS ON ACCOUNTS OF PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION MEMBERS AND TO INSURANCE EMERGENCIES OR CATASTROPHES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7201.BD), which was adopted.
Amend the bill, as and if amended, Section 38-31-80(B)(5), as contained in SECTION 1, page 2, line 23, by inserting /pursuant to Insurance Department Regulation 69-1(2)/ after /State/ so that when amended, Section 38-31-80 reads:
/Section 38-31-80. (1)(A) The commissioner shall:
(a)(1) notify the association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvency.;
(b)(2) upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.
(2)(B) The commissioner may:
(a)(1) require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter. The notification must be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation is sufficient.;
(b)(2) suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any a member insurer which who fails to pay an assessment when due or which fails to comply with the plan of operation. As an alternative, the commissioner may impose the penalties provided in Section 38-2-10.;
(c)(3) revoke the designation of any a servicing facility if he finds claims are being handled unsatisfactorily.;
(4) upon request of the board of directors, notwithstanding the limitation on assessments contained in Section 38-31-60(c)(iii), increase the maximum assessment in a year in an account in order for that assessment to provide an amount sufficient to make all necessary payments by the association from that account. However, no member insurer may be assessed in a year on an account under this provision an amount greater than two percent of the member insurer's net direct written premiums for the calendar year preceding the insolvency on the kinds of insurance in the account;
(5) after determining that an insurance emergency or catastrophe exists in this State pursuant to Insurance Department Regulation 69-1(2), direct the association to pay the first one hundred dollars of each unearned premium claim and the first two hundred fifty dollars of each covered claim, notwithstanding the provisions of Section 38-31-60(a)./
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, February 19, which was adopted.
H. 3243 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRES BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE EXCEPTIONS.
The following Bill was taken up.
H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: A BILL TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT SUCH COMMISSIONS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5338.HC), which was adopted.
Amend the bill, as and if amended, in Section 52-7-310, as contained in Section 2, page 2, by adding beginning on line 33:
/The office of a commissioner who fails to attend three consecutive commission meetings is declared vacant and the vacancy must be filled as provided by law. No vacancy occurs if the unaffected commission members vote unanimously to excuse the absences./ so that when amended, Section 51-7-310 reads:
/Section 52-7-310. The athletic commission of each county shall consist consists of five members, two to be appointed by the governing body of the county for terms of four years and until their successors are appointed and qualify. Senators representing the county, two by the members of the House of Representatives representing the county, and one by the mayor of the city having the largest population within the county. If a county has municipalities in excess of fifty thousand population then that member must be appointed by the mayors of those municipalities. It is the duty of the appointing body to see that The governing body of the county shall forward a record of the appointees to the commission is filed for filing in the office of the State Athletic Commission so as to indicate which indicates the persons holding office and the duration of their respective terms. The County Athletic Commission shall select its chairman and other officers to serve for terms as the commission may designate. All of the members shall serve without compensation; however, they may receive such per diem, mileage, and subsistence that the county authorizes. Their respective terms of office are coterminous with the terms of office of persons by whom they were appointed. No member may have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event. The office of a commissioner who fails to attend three consecutive commission meetings is declared vacant and the vacancy must be filled as provided by law. No vacancy occurs if the unaffected commission members vote unanimously to excuse the absences."/
Amend title to conform.
Rep. M.O. ALEXANDER 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. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3246 be read the third time tomorrow.
The following Bill was taken up.
H. 3320 -- Reps. Boan and McElveen: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18144.SD), which was adopted.
Amend the bill, as and if amended, in subsection (A) of Section 38-43-106 of the 1976 Code by striking /38-3-105/ as contained on line 39 of page 1 and inserting /38-43-105/. When amended, subsection (A) shall read:
/(A) In addition to the requirements contained in Section 38-43-105, any applicant or agent licensed to sell property and casualty insurance or to sell life, accident and health insurance or both, or qualified for this licensure, must complete biennially a minimum of twenty-four hours of continuing insurance education in order to be eligible for licensure for the following two years.
However, if an agent is licensed in both property and casualty and life, accident and health, the agent must complete at least one-third of the twenty-four required biennial continuing insurance education hours in courses related to each of these types of licenses or qualification for licensure./
Amend the bill further, as and if amended, by striking subsection (C) of Section 38-43-106 of the 1976 Code and inserting:
/(C) The Chief Insurance Commissioner shall administer these continuing education requirements and shall approve courses of instruction which qualify for these purposes. In administering this program, the commissioner, in his discretion, may promulgate regulations whereby agents provide to a continuing education administrator established within the Department of Insurance proof of compliance with continuing education requirements as a condition of license renewal or, in the alternative, contract with an outside service provider to provide record-keeping services as the continuing education administrator. The costs of the continuing education administrator must be paid from the continuing insurance education fees paid by agents in the manner provided by this section, except that course approval responsibilities may not be designated to the continuing education administrator. The continuing education administrator shall compile and maintain, in conjunction with insurers and agents, records reflecting the continuing insurance education status of all licensed or qualified agents subject to the requirements of this section. The continuing education administrator shall furnish to the insurer, within ninety days of the agent's renewal date, as specified by regulation, a report of the continuing insurance education status of all of its agents. All licensed agents shall provide evidence of their continuing insurance education status to the continuing education administrator at least one hundred twenty days before the annual renewal date. Any continuing insurance education approved courses taken subsequent to one hundred twenty days before the renewal date must be applied to the following biennial continuing insurance education required period.
The commissioner shall promulgate regulations prescribing the overall parameters of continuing education requirements, and these regulations shall expressly authorize the commissioner to recognize product-specific training offered by insurers, subject to those parameters and guidelines as are promulgated by the regulations. The commissioner shall appoint an advisory committee to make recommendations with respect to courses offered for approval, but the commissioner shall retain authority with respect to course approvals, subject to those regulations as are promulgated. When the advisory committee is approved, it shall meet regularly as needed, but no less than semiannually, to review new course applications. Also the advisory committee shall review modifications of courses previously approved, and review previously promulgated regulations to make recommendations regarding any need for modifications, deletions, or new regulations. The advisory committee must be comprised of two representatives from each of the following associations, groups, or categories:
(1) the Carolina's Association of Professional Insurance Agents;
(2) the Independent Insurance Agents of South Carolina;
(3) the South Carolina Association of Automobile Insurance Agents;
(4) the South Carolina Association of Life Underwriters;
(5) the Association of South Carolina Life Insurance Companies;
(6) the Direct Writers Insurance Companies;
(7) the Association of South Carolina Property and Casualty Insurance Companies; and
(8) insurers that are not members of national insurance trade associations.
Advisory committee members must be appointed by the commissioner from recommendations made by the respective associations, groups, or categories to the commissioner./
Amend the bill further, as and if amended, by adding a new subsection (I) to Section 38-43-106 of the 1976 Code to read:
/(I) All information received by the advisory committee in the course and scope of its duties must be treated as confidential and proprietary and not used or disclosed outside the requirements of the duties imposed on it by law./
Renumber sections to conform.
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BAILEY asked unanimous consent that H. 3320 be read a third time tomorrow.
Rep. FAIR objected.
The following Bill was taken up.
H. 3181 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER LEARNING ACT TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO EVALUATE THEIR FACULTIES FOR FLUENCY IN THE ENGLISH LANGUAGE, PROVIDE CERTIFICATES AS TO THAT FLUENCY, PROVIDE FOR PENALTIES FOR NONCOMPLIANCE, AND CONFER POWERS AND DUTIES UPON THE COMMISSION ON HIGHER EDUCATION.
Rep. WHIPPER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.
Rep. MATTOS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 187 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.
Rep. WILKINS explained the Bill.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3036 -- Rep. Kirsh: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO EXCLUDE PERSONS FROM THE PROGRAM WHO ARE CHARGED WITH CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES.
Rep. KEESLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR THE FELONIES OF KIDNAPPING IN THE FIRST DEGREE, KIDNAPPING IN THE SECOND DEGREE, UNLAWFUL RESTRAINT IN THE FIRST DEGREE, AND UNLAWFUL RESTRAINT IN THE SECOND DEGREE, TO DEFINE CERTAIN TERMS IN REGARD TO THESE OFFENSES, AND TO REVISE THE CRIME OF CONSPIRACY TO KIDNAP; AND TO AMEND SECTION 16-1-10 OF THE 1976 CODE, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THESE CRIMES AS FELONIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9189.AL).
Amend the bill, as and if amended, Section 16-3-920, as contained in Section 1, by striking on page 2, line 39, and inserting /he must be imprisoned for a period not to exceed ten years./ so that when amended, Section 16-3-920 shall read:
"Section 16-3-920. If two or more persons enter into an agreement, confederation or conspiracy to violate the provisions of Section 16-3-910 and any of such persons do any overt act towards carrying out such unlawful agreement, confederation or conspiracy, each such person shall be guilty of a felony and, upon conviction, shall be punished in like manner as provided for the violation of Section 16-3-910. It is unlawful to restrain another person under circumstances which expose the other person to a risk of serious physical injury. A person who violates the provisions of this section is guilty of unlawful restraint in the first degree, which is a felony. Upon conviction, he must be imprisoned for a period not to exceed ten years./"
Amend further, Section 16-3-930(B), as contained in Section 1, by striking on page 3, line 11, and inserting /conviction, he must be imprisoned for a period not to exceed/ so that when amended, Section 16-3-930(B) shall read:
/(B) A person who violates the provisions of this section is guilty of unlawful restraint in the second degree, which is a misdemeanor. Upon conviction, he must be imprisoned for a period not to exceed three years./
Amend further, Section 16-3-950(A), as contained in Section 1, by striking on page 4, line 2, and inserting /must be imprisoned for a period not to exceed twenty years./ so that when amended, Section 16-3-950(A) shall read:
/(A) A person is guilty of kidnapping in the second degree, which is a felony, if he abducts another person. Upon conviction, he must be imprisoned for a period not to exceed twenty years./
Amend title to conform.
Rep. NETTLES explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3146.AL).
Amend the bill, as and if amended, Section 56-7-10 as contained in SECTION 1, page 1, by striking lines 24 through 28 and inserting:
/"Section 56-7-10. There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses:/
Amend the section further, page 4, by inserting after the period on line 39:
/The uniform traffic ticket may be used by law enforcement officers in arrests for violation of county or municipal ordinances./
When amended the section shall read:
/"Section 56-7-10. There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses: (See next page for table.)
Offense Citation
Interfering with
Police Officer Serving
Process Section 16-5-50
Dumping Trash on
Highway/Private
Property Section 16-11-700
Indecent Exposure Section 16-15-130
Disorderly Conduct Section 16-17-530
Discharging Fireworks
from Motor Vehicle Section 23-35-120
Damaging Highway Section 57-7-10
Place Glass, Nails
Etc., on Highway Section 57-7-20
Obstruction of Highway by Railroad
Cars, Etc. Section 57-7-240
Signs Permitted on Interstate Section 57-25-140
Brown Bagging Section 61-5-20
Drinking Liquors in
Public Conveyance Section 61-13-360
Poles Dragging on Highway Section 57-7-80
Open Container Section 61-9-87
Purchase or Possession
of Beer or Wine by a
Person Under Age Section 20-7-370
Purchase or Possession
of Alcoholic Liquor by
a Person Under Age
Twenty-One Section 20-7-380
Unlawful Possession
and Consumption of
Alcoholic Liquors Section 61-5-30
Sale of Beer or Wine on
Which Tax Has Not
Been Paid Section 61-9-20
Falsification of Age to
Purchase Beer or Wine Section 61-9-50
Unlawful Purchase of
Beer or Wine for a
Person Who Cannot
Legally Buy Section 61-9-60
Unlawful Sale or
Purchase of Beer or
Wine, Giving False
Information as to Age,
Buying Beer or Wine
Unlawfully for
Another Section 61-9-85
Employment of a Person
Under the Age of
Twenty-One as an
Employee in Retail or
Wholesale or
Manufacturing Liquor
Business Section 61-13-340
Failure to Remove
Doors from Abandoned
Refrigerators Section 16-3-1010
Malicious Injury to
Animals or Personal
Property Section 16-11-510
Timber, Logs, or Lumber
Cutting, Removing,
Transporting Without
Permission, Valued at
Less than Fifty Dollars Section 16-11-580
Littering Section 16-11-700
Larceny of a Bicycle
Valued at Less Than
One Hundred Dollars Section 16-13-80
Cock Fighting Section 16-17-650
Ticket Scalping Section 16-17-710
Glue Sniffing Section 44-53-1110
Trespassing Section 16-11-755
Trespassing Section 16-11-600
Trespassing Section 16-11-610
Trespassing Section 16-11-620
Negligent Operation of
Watercraft; Operation
of Watercraft While
Under Influence of
Alcohol or Drugs Section 50-21-110
Negligence of Boat
Livery to Provide
Proper Equipment and
Registration Section 50-21-120
Interference with Aids
to Navigation or
Regulatory Markers or
Operation of
Watercraft in
Prohibited Areas Section 50-21-170
Operation of
Watercraft Without a
Certificate of Title Section 50-23-190
Parking on Private
Property Without
Permission Section 16-11-760.
No other ticket may be used for these offenses. The uniform traffic ticket may be used by law enforcement officers in arrests for violation of county or municipal ordinances. The service of the uniform traffic ticket shall vest vests all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be is designed by the Department of Highways and Public Transportation and approved by the Attorney General."/
Amend title to conform.
Rep. NETTLES explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point Of Order.
The following Bill was taken up.
H. 3511 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.
Rep. M.O. ALEXANDER explained the Bill.
Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
On motion of Rep. FAIR, with unanimous consent, it was ordered that H. 3320 be read the third time tomorrow.
Rep. D. WILLIAMS, with unanimous consent, withdrew his objection to H. 3081, however, other objections remained upon the Bill.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that H. 3178 be read the third time tomorrow.
Rep. SNOW moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3527 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RICHARD LLOYD OF LEE COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3528 -- Reps. Fair and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-311 SO AS TO PROVIDE THAT A PERSON SELLING BEER AND WINE AT RETAIL FOR OFF-PREMISE CONSUMPTION MAY SELL ONLY UNREFRIGERATED BEER AND WINE.
Referred to Committee on Labor, Commerce and Industry.
H. 3529 -- Rep. Keyserling: A BILL TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO APPOINT A PERSON TO REPRESENT THEM.
Referred to Committee on Education and Public Works.
H. 3530 -- Reps. Snow, McAbee, Kinon, Harwell, Koon, Rhoad, Sharpe, Short, Stoddard, Waldrop, P. Harris, G. Brown, McLeod, Phillips, Baxley, G. Bailey, L. Martin, Bruce, Townsend, Beasley, Smith, Wilder, K. Bailey, Glover, D. Elliott, Bennett, Chamblee, Cooper, M.O. Alexander, Cato, Houck, Farr, M. Martin, J. Harris and L. Elliott: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF MATERIALS AND EQUIPMENT USED IN THE CONSTRUCTION OF POULTRY OR LIVESTOCK HOUSING.
Referred to Committee on Ways and Means.
H. 3531 -- Reps. Rama, J. Williams, H. Brown, G. Bailey, Barber, Whipper, T.C. Alexander, Klapman, Gonzales, R. Young, Beasley, Wofford, Waites, Rogers, J. Bailey, Keegan, Wright, Cork, L. Elliott, Houck, Burriss, M.O. Alexander, Cato, J.C. Johnson, Corning, McLeod, Kirsh, Wells, McGinnis, Rudnick and Quinn: 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 DUE A LICENSED HEALTH CARE PROVIDER FROM ACCIDENT AND HEALTH INSURERS, TO PROVIDE FOR CONTESTED CLAIMS INCLUDING NOTICE REQUIREMENTS FOR TIMELY ACTION ON DISPUTED CLAIMS, TO PROVIDE THAT FAILURE OF AN INSURER TO PAY CONTESTED CLAIMS IN A TIMELY MANNER IS A BAD FAITH DENIAL UNLESS THE INSURER CAN PROVE ITS FAILURE TO PAY WAS IN GOOD FAITH, TO PROVIDE FOR LIABILITY FOR BAD FAITH DENIAL, TO PROVIDE FOR INTEREST ON DELAYED CLAIMS UNLESS THE INSURER PROVES ITS TIMELY FAILURE TO PAY WAS IN GOOD FAITH, AND TO PROVIDE FOR REFUNDS OF IMPROPER OR EXCESSIVE PAYMENTS, INCLUDING INTEREST ON REFUNDS.
Referred to Committee on Labor, Commerce and Industry.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Corning, Hayes, Hodges, Sheheen, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
The following Concurrent Resolution was taken up.
S. 562 -- Senator Bryan: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 18-22, 1991, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED WEEK" AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION.
Whereas, the primary purpose of "Students in Free Enterprise, Incorporated," (SIFE), a nonprofit corporation sponsored by individuals, foundations, and corporations, is to educate college students and their surrounding communities on current economic issues and the American Free Enterprise System; and
Whereas, SIFE is mainly a cadre of students on college and university campuses who serve voluntarily as intelligent and articulate exponents for the organization; and
Whereas, SIFE annually sponsors and conducts outreach educational projects at seminars on the nation's economy and free enterprise system; and
Whereas, the members of the General Assembly feel that the members and sponsors of SIFE certainly deserve recognition for their hard work, devotion, and noble purpose. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, declare the week of March 18-22, 1991, as "Students in Free Enterprise, Incorporated Week", and commend them for their fine work and dedication.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5309.HC), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the members of the General Assembly, by this resolution, declare the week of March 3-9, 1991, as "Students in Free Enterprise, Incorporated, Week", and commend them for their fine work and dedication./
Amend title to read:
/TO DECLARE THE WEEK OF MARCH 3-9, 1991, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED, WEEK", AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION./
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
Rep. BURCH moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3502 -- Rep. Kinon: A CONCURRENT RESOLUTION TO EXPRESS THE PRIDE OF THE GENERAL ASSEMBLY AND THE PEOPLE OF SOUTH CAROLINA IN THE ANDREW BETHEA FAMILY OF NEW TOWN IN DILLON COUNTY WHO HAS FIVE SONS AND A DAUGHTER-IN-LAW SERVING IN THE ARMED FORCES IN SAUDI ARABIA, AND TO INVITE MR. AND MRS. ANDREW BETHEA TO BE RECOGNIZED IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, FEBRUARY 26, 1991, AT 12:30 P.M., FOR THIS CONTRIBUTION TO THE DEFENSE OF OUR COUNTRY AND TO THE DEFENSE OF FREEDOM IN THE WORLD.
H. 3503 -- Rep. Klapman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. DORIS B. MARCHANT OF WEST COLUMBIA UPON HER DEATH.
H. 3516 -- Reps. Sheheen, Burch and Baxley: A CONCURRENT RESOLUTION COMMEMORATING FEBRUARY 19, 1991, AS THE BICENTENNIAL OF THE FOUNDING OF KERSHAW COUNTY, ACKNOWLEDGING THE CONTRIBUTIONS OF THE CITIZENS OF KERSHAW COUNTY OVER THE PAST TWO HUNDRED YEARS, AND RECOGNIZING THE HISTORICAL SIGNIFICANCE OF KERSHAW COUNTY TO SOUTH CAROLINA AND THE UNITED STATES.
H. 3527 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RICHARD LLOYD OF LEE COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS FRIENDS.
At 10:40 A.M. the House in accordance with the motion of Rep. L. MARTIN adjourned in memory of Mrs. Jean Louise Reamsbottom McKissick of Greenville, to meet at 10:00 A.M. tomorrow.
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