Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, Who has created us in Your own image and given us this good land as our heritage, keep us, we pray, "one Nation under God, with liberty and justice for all". Make us who have come from many nations and with different languages a united people. Defend our liberties and give us wisdom that there might be justice and peace throughout the world. When times are prosperous, give us thankful hearts; and in troubled times, do not let our trust in You to fail. Give us the sure confidence of the Psalmist when he wrote: "The Lord is the Strength of my life" (Psalm 27:1). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The Senate sent to the House the following:
S. 657 -- Senator Russell: A CONCURRENT RESOLUTION TO RECOGNIZE THE SECOND PRESBYTERIAN CHURCH OF SPARTANBURG AS IT CELEBRATES ITS ONE HUNDREDTH ANNIVERSARY FEBRUARY 22-24, 1991, AND TO COMMEND THE CHURCH FOR ONE HUNDRED YEARS OF SERVICE TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 658 -- Senators Stilwell, Thomas, Bryan, J. Verne Smith and Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. JACK E. DANIEL OF W.R. GRACE AND COMPANY VERMICULITE MINES AND MILL NEAR ENOREE AND A RESIDENT OF GREENVILLE COUNTY WHO WAS SELECTED THE 1990 MINER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3532 -- Reps. Clyborne, J. Williams, Barber, Holt, Littlejohn, Baker, Baxley, Cooper, L. Elliott, H. Brown, Townsend, Shirley, Phillips, Wells, Wilkins, Wilkes, Huff, Meacham, J. Harris, Rudnick, J. Brown, Scott, Keegan and Klapman: A BILL TO AMEND SECTION 23-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT, COMPENSATION, REMOVAL, AND TERMS OF SPECIAL DEPUTIES, CONSTABLES, SECURITY GUARDS, AND DETECTIVES, SO AS TO PROVIDE THAT A RETIRED POLICE OFFICER OR LAW ENFORCEMENT OFFICER IN THIS STATE IS EXEMPT FROM THIS SECTION AND UPON APPLICATION MUST BE APPOINTED AS A CONSTABLE UNLESS HE WAS NOT IN GOOD STANDING UPON RETIREMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3533 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO LAKE MURRAY - DAILY CREEL AND SIZE LIMIT OF STRIPED BASS (ROCKFISH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1314, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3534 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1300, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3535 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM/CURRICULUM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3536 -- Rep. Corning: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND LICENSING OF BREWPUBS, THE PROMULGATION OF REGULATIONS, INCLUDING FEES, AND PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3537 -- Reps. Kirsh and Klapman: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.
Referred to Committee on Ways and Means.
H. 3538 -- Rep. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-75 SO AS TO REQUIRE MANUFACTURERS OF MANUFACTURED HOMES TO AFFIX A PERMANENT METAL PLATE ON WHICH IS IMPRINTED THE SERIAL NUMBER OF THE HOME WITHIN THREE FEET OF ITS PRINCIPAL DOOR.
Referred to Committee on Labor, Commerce and Industry.
S. 449 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-100 SO AS TO PROVIDE FOR EXPEDITED PROCESSING OF INDIVIDUAL INCOME TAX REFUNDS BY THE SOUTH CAROLINA TAX COMMISSION IN HARDSHIP CASES.
Referred to Committee on Ways and Means.
S. 560 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.
Referred to the Colleton Delegation.
S. 639 -- Fish, Game & Forestry Committee: A BILL TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3539 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT THE SAME LEVEL THAT WOULD BE PAID FOR CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY UNDER CERTAIN CONDITIONS, REQUIRE THE INSURER TO OFFER THIS NECESSARY CARE IN THE HOME OR COMMUNITY FOR THE INSURED'S OPTION BY MEANS OF A RIDER, AND PROVIDE AN EXCEPTION FOR OFFERING THE RIDER; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS AFTER THAT, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND REPORT TO THE GENERAL ASSEMBLY.
Referred to Committee on Labor, Commerce and Industry.
H. 3540 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E OF SECTION 3 OF INSURANCE DEPARTMENT REGULATION R69-44 (REQUIREMENT FOR HOME CARE) UNTIL JANUARY 1, 1992.
Referred to Committee on Labor, Commerce and Industry.
S. 642 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO PRINCIPLES OF PROFESSIONAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 645 -- Senator Bryan: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1990-91 SCHOOL YEAR, HICKORY TAVERN ELEMENTARY SCHOOL, LOCATED IN LAURENS COUNTY SCHOOL DISTRICT 55, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP AS A RESULT OF A FIRE AND ASBESTOS CONTAMINATION AT THE SCHOOL.
On motion of Rep. J.W. JOHNSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, H. Brown, J. Bruce Burriss Carnell Cato Chamblee Cooper Corbett Corning Derrick Elliott, L. Faber Farr Felder Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harvin Harwell Hayes Hendricks Hodges Houck Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McBride McCraw McElveen McKay McLeod McTeer Meacham Neilson Nettles Phillips Rhoad Rogers Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, February 19.
James L.M. Cromer Harriet Keyserling Timothy C. Wilkes Alfred C. McGinnis Dick Elliott William S. McCain Holly A. Cork Michael F. Jaskwhich Paul M. Burch Jackson V. Gregory John B. Williams Grady A. Brown Terry E. Haskins Maggie W. Glover Ronald P. Townsend Kenneth E. Bailey Morgan Martin D.N. Holt J. Derham Cole Steve P. Lanford Lowell W. Ross
DOCTOR OF THE DAY
Announcement was made that Dr. O'Neal Humphries of the USC Medical School is the Doctor of the Day for the General Assembly.
Rep. BOAN moved that when the House adjourns it adjourn to meet at 2:00 P.M. tomorrow, which was agreed to.
The SPEAKER granted Rep. WILDER a leave of absence for the remainder of the day.
Rep. WILKES moved to adjourn debate upon the following Bill until Tuesday, February 26, which was adopted.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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. CORNING moved to adjourn debate upon the following Bill until Wednesday, February 20, which was adopted.
H. 3011 -- Reps. Kirsh and Whipper: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.
Rep. P. HARRIS moved to adjourn debate upon the following Bill until Tuesday, February 26, which was adopted.
H. 3064 -- Reps. P. Harris, Carnell, Corning, J. Harris and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
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.
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 moved to adjourn debate upon the Bill until Wednesday, February 20.
Rep. CORK moved to table the motion.
Rep. HOLT demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 25 to 17.
Rep. Holt proposed the following Amendment No. 1 (Doc NameL:\COUNCIL\LEGIS\AMEND\JIC\5346.HC), which was adopted.
Amend the bill, as and if amended, in Section 50-17-520, as contained in SECTION 1, page 2, line 15, by striking /five/ and inserting /fifteen/.
Amend title to conform.
Rep. HOLT 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. 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 Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\ N05\7213.BD), which was adopted.
Amend the bill, as and if amended, Section 38-13-160, contained in SECTION 1, page 1, line 40, after /advocate/ by inserting /as provided/ so that when amended Section 38-13-160 reads:
/Section 38-13-160. The commissioner may require any an authorized insurer or its officers to answer any an inquiry in relation to its transactions, condition, or any a connected matter necessary to the administration of the insurance laws of the State. Every corporation or person must shall reply in writing to the inquiry promptly and truthfully, and the reply must be verified, if required by the commissioner, by the individual or by the officer or officers of a corporation as he designates. These replies and work papers and draft reports of examiners, acting with or for the commissioner in connection with financial examinations conducted pursuant to Section 38-13-10, are strictly confidential and not subject to disclosure unless ordered by a court of competent jurisdiction or unless requested by the consumer advocate as provided in Section 37-6-605 pursuant to an appropriate proprietary agreement to ensure confidentiality. Before ordering disclosure, the court privately shall determine that the public need for disclosure of the documents outweighs the disruptive influence that public disclosure causes either upon the office of the Chief Insurance Commissioner or the Department of Insurance./
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, February 20, which was adopted.
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.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1208.AC), which was adopted.
Amend the bill, as and if amended, Section 20-7-1572(4), as contained in SECTION 1, by striking /a period of/ and inserting /a period of/. When amended Section 20-7-1572 (4) shall read:
"(4) The child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to support the child. Failure to support means that the parent has failed to make a material contribution to the child's care when contribution has been requested by the custodian of the child. A material contribution consists of either financial contributions according to the parent's means or contributions of food, clothing, shelter, or other necessities for the care of the child according to the parent's means. The court may consider all relevant circumstances in determining whether or not the parent has wilfully failed to support the child, including requests for support by the custodian and the ability of the parent to provide support; or"./
Amend title to conform.
Rep. HUFF 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. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3137.AL), which was tabled.
Amend the bill, as and if amended, Section 6-11-105 as contained in SECTION 1, by inserting after /require/ on line 30:
/, except burning conducted for agricultural, forestry, and wildlife purposes as authorized by the South Carolina Forestry Commission/
When amended SECTION 1 shall read:
/SECTION 1. The 1976 Code is amended by adding:
"Section 6-11-105. 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, except burning conducted for agricultural, forestry, and wildlife purposes as authorized by the South Carolina Forestry Commission.
A person violating such an emergency ban is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for a term not exceeding thirty days."
Amend title to conform.
The Judiciary Committee proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18180.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 6-11-105. The governing board of a special purpose district or public service district providing fire protection services may place an emergency ban by ordinance or regulation on the burning of trash or debris within the district for a specified period of time if circumstances require, except that no ban may be placed on burning conducted for agricultural, forestry, and wildlife purposes as authorized by the South Carolina Forestry Commission."
SECTION 2. Section 6-11-295 of the 1976 Code, which was added by Act 176 of 1989, is further amended to read:
"Section 6-11-295. Violations of ordinances or regulations of special purpose districts or public service districts relating to garbage or, trash collection, or an emergency ban on burning trash or debris imposed pursuant to Section 6-11-105 are unlawful, and a person convicted of a violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than fifty dollars or imprisoned for not more than ten days. This section applies only to ordinances or regulations of districts which have governing bodies elected by the qualified electors of the district."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. RAMA 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. 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. TUCKER moved to adjourn debate upon the Bill until Tuesday, March 5.
Rep. NETTLES moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Tuesday, March 5, which was agreed to.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, February 26, which was adopted.
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.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 14, by the Committee on Judiciary.
Rep. NETTLES 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. 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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 14, by the Committee on Judiciary.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. L. MARTIN moved to dispense with the Motion Period.
As a first substitute Rep. LITTLEJOHN moved to recall H. 3070 from the Labor, Commerce and Industry Committee.
As a second substitute Rep. BRUCE moved to recall H. 3092 from the Education and Public Works Committee.
Rep. PHILLIPS moved to table the motion.
Rep. BRUCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Barber Beasley Burriss Cork Cromer Fair Farr Fulmer Hallman Harris, P. Hayes Huff Jaskwhich Keegan Keesley Kempe Keyserling Klapman Martin, D. McCraw McTeer Meacham Neilson Nettles Phillips Rogers Rudnick Stoddard Tucker Waites Whipper White Wilkins Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Baxley Beatty Bennett Brown, G. Brown, H. Bruce Burch Carnell Cato Chamblee Cole Cooper Corbett Corning Derrick Elliott, D. Elliott, L. Felder Foster Gentry Gonzales Harris, J. Harvin Harwell Haskins Hendricks Houck Johnson, J.W. Kinon Kirsh Koon Littlejohn Marchbanks Martin, L. Martin, M. McCain McElveen McGinnis McKay Quinn Rhoad Ross Scott Sheheen Shirley Short Smith Snow Sturkie Townsend Vaughn Waldrop Wells Wilkes Williams, J. Wofford Wright
So, the House refused to table the motion.
The question then recurred to the motion to recall H. 3092 from the Education and Public Works Committee, which was agreed to by a division vote of 61 to 29.
Rep. BEASLEY moved to dispense with the balance of the motion period, which was agreed to.
The following Joint Resolution was taken up.
H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.
Reps. Whipper, Keyserling, Glover, Foster and White proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18175.SD).
Amend the joint resolution, as and if amended, by striking Sections 1 and 2 and inserting:
/SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended to read:
"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, a Comptroller General, a Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years, coterminous with that of Governor. The duties and compensation of such the offices shall must be prescribed by law and their compensation shall must not be neither increased nor diminished during the period for which they shall have been elected.
The Superintendent of Education must be appointed by the State Board of Education. He or she shall serve at the pleasure of the Board and shall have those qualifications and compensation as the Board determines and as provided by law. The Superintendent of Education serving in office on the effective date of the provisions of this section providing for the appointment by the State Board of Education of the Superintendent of Education shall continue to serve until his or her current term of office expires, at which time his or her successor must be appointed in the manner provided by this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 7, Article VI of the Constitution of this State be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that he or she must be appointed by the State Board of Education, upon the expiration of the term of the current superintendent, to serve at the pleasure of the Board?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. GENTRY moved that the House do now adjourn, which was adopted by a division vote of 48 to 47.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 3.
At 12:45 P.M. the House in accordance with the motion of Rep. BOAN adjourned to meet at 2:00 P.M. tomorrow.
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