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 we thank You for these unique positions to which You have called legislators, clerks, attaches, pages and all others to places of service in sailing the ship of State. Use the combined efforts of us all that would transform
"ambition into aspiration,
greed into gratitude,
selfishness into service,
getting into giving,
demands into dedication".
In our service, cause us to turn to the Lord for guarding and to wait for his rewarding, as we hear clearly the admonition of the Psalmist: "Wait for the Lord; be strong, and let your heart take courage; yea, wait for the Lord" (Psalm 27:14). 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.
I would like to respond to comments made in the Columbia State paper today concerning my bill related to the health care cost problem.
As most of you know, my bill establishes a Cost Containment Commission. I recently deferred process of this bill through committee at the urging of the South Carolina Medical Association. They urged me to do this because they sincerely want to tackle the problem of health care cost in the State of South Carolina. They earnestly would like to sit down with all parties and work it out.
Mr. Bill Prince, the lobbyist for the South Carolina Hospital Association, in today's paper has stated that my commission was costly and bureaucratic. He is quoted as saying, "I have been a Democrat all my life. And I hate to say it, but it's a typical Democrat knee jerk reaction."
Let's give it to the government to do instead of building a consensus in the private sector and make the market force change in the system.
It has been my observation that the cost of health care does not respond to market forces and the private sector has been a failure in containing costs. The proposal made by the Hospital association of South Carolina has proposed an "independent body" being formed. They also suggest that the financial support of their proposal come from taxing of the employer and employees. It's my sincere belief that there is no one way to approach the problem. But I can assure you of one thing, when I undertook the writing of the bill, it was in good faith and without any animosity, and in hopes of doing something about the horrible health care cost problem in the State of South Carolina.
I might add that there are 35 co-sponsors on my bill who are equally interested in the health care cost problem.
Bickering, name-calling and innuendoes will not solve the health care cost problem in South Carolina or anywhere in the fifty states. It is time for those who complain to put up or shut up, and come to the table and let's all work it out together. I am receptive to any suggestions. I also want to reassure my supporters that if something is not done between now and the first of January, 1993, we will be back on the floor, with a bigger and a better bill, because we are dedicated to doing something about the problem of health care cost in the State of South Carolina.
The following was received.
April 2, 1992
Honorable Robert J. Sheheen
Speaker of the House
506 Blatt Building
Columbia, SC 29211
Dear Mr. Speaker:
The Screening Committee met at 9:00 on April 2, 1992 and screened the four candidates for the Clemson University Board of Trustees: John J. Britton, Louis B. Lynn, Patricia McAbee, and Allen P. Wood. These candidates were found qualified.
The Committee also considered the following candidates for the University of South Carolina Board of Trustees: Second Judicial Circuit, Charles E. Simons, III; Fourth Judicial Circuit, Gus Hoffmeyer, Jr. and J. DuPre Miller; Sixth Judicial Circuit, James Bradley; Eighth Judicial Circuit, Herbert C. Adams and James E. Wiseman, III; Tenth Judicial Circuit, Lily-Roland Hall; Fourteenth Judicial Circuit, Helen C. Harvey; Fifteenth Judicial Circuit, Eugene C. Floyd; and Sixteenth Judicial Circuit, Samuel R. Foster. All of these candidates were also found qualified.
The committee respectfully requests that the foregoing favorable report be printed in the Journal.
Sincerely,
EUGENE C. STODDARD, Chairman
Received as information.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
April 1, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
I would appreciate your consideration regarding South Carolina Student Legislature's request to hold a legislative reception.
The proposed date is April 14, 1992 at 1:30 P.M. or upon adjournment and last until 2:30 P.M. Arrangements have been made with General Services to hold the function in the lobby of the State House. A light lunch will be served.
South Carolina Student legislature is a model government open to all students who attend South Carolina's colleges and universities. Our purpose is to gain a more complete understanding of state government and its workings.
Please refer to my address above for all correspondence. Thank you again for your consideration of this matter.
Respectfully,
C. Keith Melton
Governor
The following was received and referred to the appropriate committee for consideration.
Document No. 1422
Promulgated By Department of Health and Environmental Control
Environmental Health Fees to Test Milk, Milk Products, and Frozen Desserts
Received By Speaker April 3, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date August 1, 1992
Rep. HYATT moved that when the House adjourns it adjourn in memory of Mr. Scott Godfrey of Rock Hill, which was agreed to.
The following was received.
Columbia, S.C., April 6, 1992
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. 220:
S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 7, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HASKINS the invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Sheriff's Association for breakfast, April 16, 1992, 8:30 A.M.-11:00 A.M., State House Lobby
The invitation was accepted.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4215 -- Reps. Sheheen, Klapman, Boan and Kirsh: A BILL TO AMEND SECTION 11-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Reps. KLAPMAN and KIRSH, for the minority, submitted an unfavorable report, on:
H. 4606 -- Reps. Whipper, Waites, Cobb-Hunter, Keyserling, Rogers, J. Harris, McTeer and H. Brown: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR SIXTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS FIFTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4521 -- Reps. L. Martin, Hallman, Corning, Wofford, Rama, H. Brown, Shissias, Haskins, Fulmer, Littlejohn, Lanford, Meacham, Manly, D. Elliott, Keyserling, Stone, Kirsh, D. Williams, McGinnis, Cato, G. Bailey, Quinn, Marchbanks, Stoddard, Rhoad, Jaskwhich, A. Young, Holt, Baker, Wright, Hendricks, Keegan, Wells, Sharpe, Council, Fair, Wilder, P. Harris, Riser, Snow, Koon, Phillips, Altman, Bruce, McCraw and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 38 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE CHAPTER OF TITLE 38, SO AS TO PROVIDE THAT "AUTOMOBILE INSURANCE POLICY" ALSO INCLUDES THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND REQUIRE AN INSTRUCTION TO THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE PROVISIONS OF LAW ON AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO EXCLUDE PUNITIVE DAMAGES FROM THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REFER TO "ACTUAL DAMAGES", AND PROVIDE THAT AN INSURER SHALL OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES, WHICH COVERAGE IS OPTIONAL WITH THE INSURED; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REFER TO ACTUAL DAMAGES, INCREASE THE EXCLUSION AMOUNT REGARDING LOSS OR DAMAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, REQUIRE INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT PREMIUM RATES MADE BY INSURERS FOR UNINSURED MOTORIST COVERAGE MUST BE DETERMINED AND REGULATED AS PREMIUM RATES FOR AUTOMOBILE INSURANCE GENERALLY ARE DETERMINED AND REGULATED, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, REQUIRE THE OFFERING OF UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT, AND ENACT CERTAIN PROVISIONS FOR INSURERS OFFERING UNINSURED MOTORIST COVERAGE; TO AMEND SECTION 56-9-350, RELATING TO THE REQUIREMENT THAT THE VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE FORM BE ISSUED FOLLOWING CERTAIN ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNER OR OTHER OPERATOR NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 AND WHO RESIDES IN THE SAME HOUSEHOLD MEETS ONE OF THE CONDITIONS OR FACTORS SPECIFIED IN SECTION 38-73-455 FOR APPLICATION OF THE OBJECTIVE STANDARDS RATE; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED IN THIS STATE MUST BE INSURED, SO AS TO DESCRIBE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240; RELATING TO THE REQUIREMENT THAT, UPON LOSS OF AUTOMOBILE INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER THE VEHICLE'S REGISTRATION AND PLATES, SO AS TO DESCRIBE THE MOTOR VEHICLES REFERENCED IN THE SECTION AS VEHICLES FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10 OF TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT AUTOMOBILE INSURERS MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760 OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW SUCH POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, OR ECONOMIC STATUS OF ANYONE WHO SEEKS TO BECOME INSURED, PROVIDE THAT AN APPLICANT WHO IS DENIED COVERAGE MAY REQUEST THE DENYING INSURER TO PROVIDE IN WRITING THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE, AND REQUIRE THE INSURER TO RESPOND IN WRITING WITHIN TEN DAYS OF THE REQUEST; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38 SO AS TO PROVIDE FOR THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY AND FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, AND THAT INSURERS MAY PLACE ANY AUTOMOBILE INSURANCE RISK AT ANY OF THE FOUR RATE LEVELS WITHOUT RESTRICTION UNLESS PROVIDED OTHERWISE BY LAW; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS, BY ADDING LANGUAGE WHICH PROVIDES THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS NO CHARGEABLE ACCIDENTS OR DRIVING CONVICTIONS FOR THE PREVIOUS THREE YEARS; TO AMEND SECTION 38-57-130, RELATING TO INSURANCE, TRADE PRACTICES, AND THE PROHIBITION ON MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE CONTRACTS, SO AS TO MAKE AN EXCEPTION FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE CONTRACT; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO INCREASE CERTAIN OF THE PENALTIES, AUTHORIZE PERFORMANCE OF PUBLIC SERVICE AS A PENALTY, PROVIDE FOR SUSPENSION OF THE DRIVING PRIVILEGE AND ALL LICENSE PLATES AND REGISTRATION CERTIFICATES ISSUED IN A PERSON'S NAME FOR SECOND, THIRD, AND SUBSEQUENT OFFENSE VIOLATIONS OF THE PROVISIONS OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THE CONVICTED PERSON'S PRIVILEGES MAY NOT BE REINSTATED UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS CERTAIN OTHER THINGS; TO PROVIDE THAT AFTER SEPTEMBER 30, 1992, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT IF THE DESIGNATED CARRIER FAILS TWO CLAIMS AUDITS, INCLUDING A RE-AUDIT, WITHIN THE CONTRACT TERM, THE DESIGNATED CARRIER IS DISQUALIFIED FOR RENEWAL OF ITS CONTRACT UPON EXPIRATION OF ITS EXISTING CONTRACT, AND PROVIDE THAT NO DESIGNATED PRODUCERS MAY RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY CEDED TO THE JOINT UNDERWRITING ASSOCIATION AND THAT AGENTS OR PRODUCERS OTHER THAN DESIGNATED PRODUCERS MAY NOT RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY WRITTEN DIRECTLY BY THE ASSOCIATION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE FORM AND THE EFFECT OF FAILURE TO RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE FOR THE DEPOSIT OF ANY FINE COLLECTED FOR A VIOLATION OF SECTION 56-10-270 AS A RESULT OF THESE TWO NEW SECTIONS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; AND TO PROVIDE FOR THE SEVERABILITY AND THE CONSTITUTIONALITY OF THIS ACT AND FOR CERTAIN OBLIGATIONS AND SUBROGATION OF PERSONAL PROTECTION INSURERS UNDER CERTAIN CIRCUMSTANCES INVOLVING THE UNCONSTITUTIONALITY OR INVALIDITY OF SECTION 38-78-110.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 452 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
Ordered for consideration tomorrow.
On motion of Rep. FELDER, with unanimous consent, the following was taken up for immediate consideration:
H. 4679 -- Rep. Felder: A HOUSE RESOLUTION TO CONGRATULATE THE CALHOUN ACADEMY "LADY CAVALIERS" BASKETBALL TEAM OF CALHOUN COUNTY FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP IN THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 14, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Calhoun Academy "Lady Cavaliers" Basketball Team of Sumter won the Class AAA State Championship in the South Carolina Independent School Athletic Association for the 1991-92 season; and
Whereas, the team finished the season with twenty-six wins and two losses; and
Whereas, Calhoun Academy Coach Jan Stoudenmire is commended for outstanding coaching abilities in guiding this team to its championship. Now, therefore,
Be it resolved by the House of Representatives:
That the Calhoun Academy "Lady Cavaliers" of Calhoun County and its coach, Jan Stoudenmire, are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Tuesday, April 14, 1992, for the purpose of being recognized for winning the Class AAA State Championship in the South Carolina Independent School Athletic Association.
The Resolution was adopted.
The following was introduced:
H. 4680 -- Reps. Rogers, Cromer, Byrd, Sturkie, Quinn, Klapman, Sharpe, Waites, Riser, Shissias and Rama: A CONCURRENT RESOLUTION RECOGNIZING THE HISTORIC SIGNIFICANCE OF THE DOOLITTLE RAIDERS AND THEIR HEROIC MISSION, WELCOMING THEM TO COLUMBIA UPON THE OBSERVANCE OF THE FIFTIETH ANNIVERSARY OF THIS VICTORY, AND CONGRATULATING TRUSTUS THEATER FOR ITS NATIONAL RECOGNITION AND FOR ITS PRESENTATION OF A WORLD PREMIER OF INTO THE YONDER ZONE WHICH IS A UNIQUE RECOGNITION OF THE DOOLITTLE RAIDERS.
Whereas, on April 18, 1942, Lt. Col. Jimmy Doolittle and his Raiders, in a bombing mission waged on Japan against astounding odds, brought about the psychological turning point of World War II by giving our nation the confidence it needed to win the war; and
Whereas, the Doolittle Raiders began their training in Columbia, South Carolina, and the remaining Doolittle Raiders have chosen to observe the fiftieth anniversary of this great victory in Columbia, South Carolina; and
Whereas, in recognition of this reunion, Trustus Theater, Columbia's professional theater, will present the world premiere of Into the Yonder Zone, Trustus playwright-in-residence Doug Williams' new play which was inspired by the Doolittle mission; and
Whereas, Trustus Theater has further honored Columbia and South Carolina by becoming the only theater in the southeast to receive a National Endowment for the Arts grant and be accepted into the prestigious National Endowment for the Arts Advancement Program. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the historic significance of the Doolittle Raiders and their heroic mission, welcome them to Columbia upon the observance of the fiftieth anniversary of this victory, and congratulate Trustus Theater for its national recognition and for its presentation of a world premiere of Into the Yonder Zone which is a unique recognition of the Doolittle Raiders.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1451 -- Senators Peeler, Cork, Courson, Courtney, Giese, Martschink, McConnell, Reese, Rose, Russell, Shealy, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. W. GLADDEN SMOKE OF CHEROKEE COUNTY FOR A SPEEDY RECOVERY FROM HIS RECENT ILLNESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1452 -- Senators Patterson, Lourie, Matthews, Washington, Fielding, Mitchell, Gilbert, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Giese, Robert W. Hayes Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Macaulay, Martin, Martschink, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MODJESKA M. SIMKINS OF COLUMBIA, OUTSTANDING CIVIL RIGHTS ACTIVIST AND HUMANITARIAN, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4681 -- Rep. Harrelson: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA GOVERNMENT RESTRUCTURING STUDY COMMITTEE TO MAKE A STUDY TO DETERMINE WHETHER, AND TO WHAT EXTENT, THE VARIOUS STATE BOARDS, COMMITTEES, COMMISSIONS, AGENCIES, AND COUNCILS SHOULD BE RESTRUCTURED, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Ways and Means.
H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.
Referred to Committee on Education and Public Works.
H. 4683 -- Rep. Chamblee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO PROVIDE THAT ANY PERSON WHO HAS SOLD ANOTHER ANY AGRICULTURAL PRODUCTS, WHICH HAVE NOT BEEN PAID FOR, HAS A PREFERENCE ON THE PRICE OF THIS PROPERTY OVER THE OTHER CREDITORS OF THE PURCHASER, WHETHER THE SALE WAS MADE ON A CREDIT OR WITHOUT, IF THIS PROPERTY STILL REMAINS IN THE POSSESSION OF THE PURCHASER, TO PROVIDE THAT ANY PERSON WHO SELLS AGRICULTURAL PRODUCTS IS ENTITLED TO A SPECIAL LIEN THEREON FOR THE PERIOD OF SIXTY DAYS AFTER THE DATE OF DELIVERY, TO PROVIDE THAT WITHIN THIS TIME THE VENDOR IS ENTITLED TO SEIZE THIS PROPERTY AND HIS CLAIM FOR THE PURCHASE PRICE SHALL HAVE PREFERENCE OVER ALL OTHERS, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SUPERSEDE THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE WITH CERTAIN EXCEPTIONS.
Referred to Committee on Judiciary.
H. 4684 -- Reps. Wilkins, Kinon, McAbee and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-480 SO AS TO ALLOW THE GOVERNOR TO AUTHORIZE THE NATIONAL GUARD TO SUPPORT FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES IN DRUG ENFORCEMENT MATTERS, AND TO AUTHORIZE THE GOVERNOR TO DELEGATE HIS AUTHORITY UNDER THIS SECTION TO THE ADJUTANT GENERAL WHO IS ALLOWED SPECIFICALLY TO ENTER INTO MUTUAL ASSISTANCE AND SUPPORT AGREEMENTS WITH LAW ENFORCEMENT AGENCIES FOR ACTIVITIES WITHIN THIS STATE.
On motion of Rep. McGINNIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4685 -- Rep. Fair: A BILL TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST A PERSON HAVING HIS AUTOMOBILE INSURANCE PREMIUMS INCREASED AS A RESULT OF CERTAIN FIRST OFFENSE TRAFFIC VIOLATIONS, SO AS TO PROVIDE THAT NO PARKING VIOLATION OF WHATEVER NATURE AGAINST ANY PERSON MAY CAUSE HIS AUTOMOBILE INSURANCE PREMIUMS TO BE INCREASED OR THOSE OF THE OWNER OF THE AUTOMOBILE AGAINST WHICH THE PARKING VIOLATION WAS ISSUED.
Referred to Committee on Labor, Commerce and Industry.
H. 4686 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR PAVING FROM STATE HIGHWAYS TO PRIVATE RIGHTS OF WAY ENTRANCES BY STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Without reference.
H. 4687 -- Rep. Felder: A BILL TO AMEND SECTION 38-77-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE UNDER THE STATE'S AUTOMOBILE INSURANCE LAW, SO AS TO DELETE PROVISIONS, INCLUDING REFERENCE TO THE SOUTH CAROLINA REINSURANCE FACILITY, PROVIDE REFERENCE TO AN UNDERWRITING ASSOCIATION, AND TO MAKE CHANGES TO THE DECLARATION; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE THE DEFINITION OF "FACILITY" AND TO DEFINE "UNDERWRITING ASSOCIATION", DELETE THE DEFINITION OF "QUOTA SHARE REINSURANCE" AND TO DEFINE "SHARED RISK POOLING", PROVIDE A DEFINITION FOR "WEIGHTED BUREAU RATE", CHANGE THE DEFINITION OF "SPECIALIZED INSURER", AND PROVIDE A DEFINITION FOR "ALLOCATION FEE" AND "ALLOCATION CREDIT"; TO CHANGE THE TITLE OF ARTICLE 3, CHAPTER 77, TITLE 38 FROM "MANDATE TO WRITE AND INSURANCE COVERAGE" TO "CERTAIN REQUIREMENTS TO INSURE AND INSURANCE COVERAGE"; TO CHANGE THE TITLE OF SECTION 38-77-110 FROM "INSURERS REQUIRED TO INSURE; EXCEPTIONS" TO "PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES", DELETE PROVISIONS OF THAT CODE SECTION, AS AMENDED, AND ADD NEW PROVISIONS, INCLUDING THE PROVISION THAT A REFUSAL TO WRITE AN AUTOMOBILE INSURANCE POLICY MUST BE IN WRITING STATING THE CAUSE OF THE REFUSAL IF REQUESTED BY THE APPLICANT; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR AUTOMOBILE INSURANCE OR A POLICYHOLDER IS REQUIRED TO HAVE A DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO DELETE THE REFERENCE TO SECTION 38-77-280; TO AMEND SECTION 38-77-115, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT SIGNS ARE REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SO AS TO DELETE THE PROVISIONS OF THAT SECTION, REQUIRE THAT AUTHORIZED AGENTS FOR EVERY INSURER COVERED BY SECTION 38-77-110 SHALL POST A SIGN WHICH IS TO BE TITLED "PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES", AND PROVIDE FOR THE CONTENTS OF THE SIGN; TO AMEND SECTION 38-77-140, RELATING TO THE BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO CHANGE THE AMOUNTS OF CERTAIN OF THE LIMITS; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION COVERAGE AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT NO POLICY OF INSURANCE WHICH PROVIDES AUTOMOBILE PHYSICAL DAMAGE COVERAGE ONLY MAY BE TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING; TO AMEND SECTION 38-77-285, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE COVERAGES BE IN ONE INSURANCE POLICY, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THIS CODE SECTION APPLIES ONLY TO INSURANCE POLICIES COVERING PRIVATE PASSENGER VEHICLES; TO CHANGE THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38 FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "UNDERWRITING ASSOCIATION; SERVICING CARRIERS AND PRODUCERS"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-511 SO AS TO CREATE THE NONPROFIT, UNINCORPORATED LEGAL ENTITY KNOWN AS THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-520, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST BECOME MEMBERS OF THE REINSURANCE FACILITY, SO AS TO REPLACE THE REFERENCES TO THE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION BY THE REINSURANCE FACILITY AND APPROVAL BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE INSTEAD FOR THE PLAN OF OPERATION OF THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-540, RELATING TO THE DUTIES OF THE CEDING INSURER UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION, PROVIDE THAT THE UNDERWRITING ASSOCIATION SHALL ACCEPT THE TRANSFER OF RISK ON ANY POLICY OF AUTOMOBILE INSURANCE AT THE OPTION OF ANY INSURER BUT ONLY AT THE RATE OR PREMIUM CHARGE AS DETERMINED UNDER THE RATING PLANS ESTABLISHED BY THE GOVERNING BOARD AND APPROVED BY THE COMMISSIONER, SUBJECT TO CERTAIN PROVISIONS OF LAW, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-550, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT LEGAL RIGHTS OF THE INSURED AND THE INSURER ARE NOT AFFECTED BY REINSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE FOR THE EFFECT OF THE TRANSFER OF RISK UNDER A POLICY OF AUTOMOBILE INSURANCE TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING; TO AMEND SECTION 38-77-560, RELATING TO DEDUCTIONS TO A CEDING INSURER UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE THAT AN INSURER TRANSFERRING RISKS ON AUTOMOBILE INSURANCE POLICIES TO THE UNDERWRITING ASSOCIATION SHALL RECEIVE CREDIT BY WAY OF DEDUCTION FROM ITS UNEARNED PREMIUM LIABILITY AS CALCULATED IN ACCORDANCE WITH SECTION 38-9-170; TO AMEND SECTION 38-77-570, RELATING TO INVESTMENT AND DISTRIBUTION OF FUNDS OF THE REINSURANCE FACILITY, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE FOR THE INVESTMENT AND DISTRIBUTION OF THE FUNDS AND RESERVES OF THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO DELETE REFERENCES TO THE FACILITY AND REPLACE THEM WITH REFERENCES TO THE UNDERWRITING ASSOCIATION, AND DELETE REFERENCES TO "DESIGNATED AGENTS" AND REPLACE THEM WITH REFERENCES TO "SERVICING AGENTS"; TO AMEND SECTION 38-77-585, AS AMENDED, RELATING TO ADDITIONAL BOARD MEMBERS OF THE REINSURANCE FACILITY, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE REINSURANCE FACILITY AND DESIGNATED INSURERS AND PROVIDE REFERENCES TO UNDERWRITING ASSOCIATION CONTRACTED INSURERS; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO DESIGNATED PRODUCERS UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE CERTAIN PROVISIONS, ADD PROVISIONS, INCLUDING THE REQUIREMENT THAT THE GOVERNING BOARD OF THE UNDERWRITING ASSOCIATION CONTRACT WITH DOMESTIC INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE BOARD, CHANGE THE QUALIFICATIONS FOR AN APPLICANT FOR ASSIGNMENT TO A SERVICING CARRIER, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-630, AS AMENDED, RELATING TO POLICIES CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE UNDERWRITING ASSOCIATION, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A RISK, OTHER THAN AT RENEWAL, MAY BE TRANSFERRED TO THE UNDERWRITING ASSOCIATION ONLY WHEN THE APPLICATION IS ACCOMPANIED BY EITHER A RENEWAL NOTICE FROM ANOTHER INSURER OR A MOTOR VEHICLE REPORT (MVR) ISSUED AT THE POINT OF SALE, TOGETHER WITH THE FULL PREMIUM CORRECTLY REFLECTING THE FACTS SHOWN ON THE MVR OR CONSISTENT WITH THE PREMIUM QUOTED IN THE RENEWAL NOTICE; TO AMEND SECTION 38-77-910, RELATING TO THE AUTOMOBILE INSURANCE LAWS AND UNLAWFUL DISTINCTIONS BETWEEN POLICYHOLDERS OR APPLICANTS, SO AS TO PROVIDE THAT ANY VIOLATION OF THIS CODE SECTION OR THE PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES AS DESCRIBED UNDER SECTION 38-77-110 MAY BE CAUSE FOR REVOCATION OR SUSPENSION OF THE INSURER'S OR AGENT'S LICENSE BY THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, THE PROPERTY RIGHTS OF CERTAIN AGENTS, AND THE RESTRICTION OF MAILINGS TO CERTAIN AREAS, SO AS TO DELETE CERTAIN PROVISIONS AND ADD PROVISIONS, INCLUDING THE PROVISION THAT NO INSURER MAY AGREE, COLLUDE, OR CONSPIRE WITH AN AGENT OR GIVE, OFFER, OR PROMISE AN AGENT ANYTHING OF VALUE TO PLACE ANY RISK OR ANY CLASS OR TYPE OF RISK IN ANOTHER INSURER; TO AMEND SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAWS, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS AND REPLACE THE REFERENCES TO THE REINSURANCE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, REPLACE REFERENCES TO THE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION INSTEAD, AND ADD PROVISIONS, INCLUDING THE PROVISION FOR MAKING A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION; TO AMEND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION AND ADD PROVISIONS, INCLUDING THE PROVISION THAT WHEN DEALING WITH THE AGENTS OF THE COMPANY, WHO ARE LICENSED TO SELL AUTOMOBILE INSURANCE, THE COMPANY MAY NOT USE ANY BUSINESS TRANSFERRED TO THE UNDERWRITING ASSOCIATION IN DETERMINING THE PROFITABILITY OF THAT AGENT'S BUSINESS; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE AND CONSTRUCTION OF CHAPTER 73 OF TITLE 38, DEALING WITH PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATEMAKING ORGANIZATIONS, SO AS TO DELETE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION, AND ADD PROVISIONS, INCLUDING A PROVISION THAT AN AUTOMOBILE INSURER SHALL FILE AND OFFER FOR AUTOMOBILE INSURANCE A RATE AS DEFINED IN SECTION 38-73-457, WHICH RATE IS SUBJECT TO ALL SURCHARGES OR DISCOUNTS, IF ANY, APPLICABLE UNDER ANY APPROVED MERIT RATING PLAN, CREDIT OR DISCOUNT PLAN PROMULGATED OR APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND A PROVISION THAT NO POLICY MAY BE ENDORSED DURING A POLICY PERIOD TO REFLECT FACTORS OR CONDITIONS OCCURRING DURING THAT POLICY PERIOD; TO AMEND SECTION 38-73-457, RELATING TO INSURANCE CASUALTY AND SURETY RATES, FILING INFORMATION ON BASE RATES, AND THE EFFECTIVE DATE OF RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND ADD PROVISIONS, INCLUDING A PROVISION THAT EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION SHALL FILE WITH THE CHIEF INSURANCE COMMISSIONER A RATE FOR AUTOMOBILE INSURANCE BY COVERAGE CALCULATED SOLELY UPON THE EXPERIENCE GENERATED BY THE INSURER IN ITS BOOK OF BUSINESS AND WHICH MUST NOT INCLUDE EXPERIENCE GENERATED BY RISKS TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING, AND INCLUDING A PROVISION THAT EFFECTIVE OCTOBER 1, 1992, THE COMMISSIONER SHALL DISALLOW THE FURTHER USE OF THE OBJECTIVE STANDARDS RATE PREVIOUSLY FILED IN ACCORDANCE WITH THIS SECTION; TO AMEND SECTION 38-73-460, RELATING TO INSURANCE CASUALTY AND SURETY RATES AND THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS ON RATES, SO AS TO DELETE THE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE AUTOMOBILE UNDERWRITERS ASSOCIATION, AND PROVIDE THAT IT IS THE INTENT OF THE PLAN OF OPERATION OF THE UNDERWRITERS ASSOCIATION PURSUANT TO SECTION 38-77-530 THAT THE ALLOCATION FEE OR CREDIT BE UTILIZED TO RECOVER OR DISBURSE THE ALLOCATED NET LOSSES OR GAINS OF THE UNDERWRITERS ASSOCIATION DISTINCTLY AND SEPARATELY FROM THE RATE FILINGS OF INDIVIDUAL INSURERS OR RATING ORGANIZATIONS; TO AMEND SECTION 38-73-520, RELATING TO INSURANCE CASUALTY AND SURETY RATES AND THE REQUIREMENT OF RATE FILINGS, SO AS TO PROVIDE FOR THE EXCEPTION OF AN INSURER'S USE OF THE RATE PLANS OF THE AUTOMOBILE UNDERWRITERS ASSOCIATION PURSUANT TO SECTION 38-73-455; TO AMEND SECTION 38-73-735, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE THE PROVISION THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY BE CEDED TO THE REINSURANCE FACILITY IN ACCORDANCE WITH THE FACILITY'S PLAN OF OPERATION; TO AMEND SECTION 38-73-750, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION, THE REQUIREMENT THAT PLANS MUST BE FILED BY INSURERS, THE PROVISION THAT CERTAIN PLANS MAY NOT BE FILED OR APPROVED, AND THE DISAPPROVAL OF PLANS BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REFERENCE TO THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCE TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-920, RELATING TO INSURANCE RATES, RATE MAKING, RATE FILING, AND THE PROVISION THAT NO INSURANCE MAY BE ISSUED EXCEPT ON RATES FILED, SO AS TO DELETE CERTAIN PROVISIONS AND ADD CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT THIS SECTION DOES NOT APPLY TO CONTRACTS OR POLICIES FOR INLAND MARINE RISKS AND TO THE APPORTIONMENT OF GAINS OR LOSSES OF THE UNDERWRITING ASSOCIATION IN THE FORM OF ALLOCATION FEES OR CREDITS AS TO WHICH FILINGS ARE NOT REQUIRED; TO AMEND SECTION 38-73-1420, RELATING TO INSURANCE RATING ORGANIZATIONS, THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE THE EXPENSE COMPONENT, AND USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION REQUIRING THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION TO FILE AN EXPENSE COMPONENT FOR RATE OR PREMIUM CHARGES DEVELOPED UNDER RATE PLANS APPROVED BY THE CHIEF INSURANCE COMMISSIONER, AND INCLUDING A PROVISION THAT AUTOMOBILE INSURERS CONTRACTED TO THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION PURSUANT TO SECTION 38-77-590(a) AND ALL INSURERS ON POLICIES OF AUTOMOBILE INSURANCE TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING SHALL UTILIZE THE FINAL RATE OR PREMIUM CHARGES UNDER THE APPLICABLE RATE PLAN APPROVED BY THE CHIEF INSURANCE COMMISSIONER FOR THE UNDERWRITING ASSOCIATION COMPRISING THESE FILED RATES; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT A STUDY TO DETERMINE WHETHER THERE ARE MORE EQUITABLE TERRITORIES IN THIS STATE, WHERE PRIVATE PASSENGER AUTOMOBILE INSURERS COMPETE, THAN NOW EXIST WHICH WOULD ALLOW A GREATER DEGREE OF OPEN-MARKET COMPETITION; TO PROVIDE THAT ANY PERSON WHO SHALL OPERATE OR ALLOW AN UNINSURED MOTOR VEHICLE TO BE OPERATED SHALL SUFFER THE IMMEDIATE IMPOUNDMENT OF SUCH VEHICLE UNTIL SUCH TIME AS HE POSTS LIABILITY INSURANCE IN THE AMOUNT REQUIRED BY CHAPTER 77, TITLE 38, AND PAYS ANY STORAGE AND IMPOUNDMENT FEES, TOGETHER WITH ANY OTHER FINES OR FEES IMPOSED FOR THE OPERATION OF AN UNINSURED MOTOR VEHICLE; PROVIDE THAT NO NEWLY LICENSED DRIVER WHO HAS OBTAINED HIS DRIVER'S LICENSE AFTER SUCCESSFULLY COMPLETING A DULY LICENSED COURSE IN DRIVER TRAINING SHALL BE DEPRIVED OF THE BENEFIT OF A SAFE DRIVER DISCOUNT FOR AUTOMOBILE INSURANCE PURPOSES, AND PROVIDE THAT NO STUDENT WHO SUCCESSFULLY COMPLETES A RECOGNIZED AND APPROVED COURSE IN DRIVER EDUCATION IN THE SCHOOL HE ATTENDS AND OBTAINS HIS DRIVER'S LICENSE FOLLOWING SUCH COMPLETION OF THE COURSE SHALL HAVE HIS POLICY OF AUTOMOBILE INSURANCE CEDED TO THE REINSURANCE FACILITY OR BE DEPRIVED OF ANY DISCOUNT HE RECEIVES OR IS ENTITLED TO RECEIVE AS A RESULT OF THE SUCCESSFUL COMPLETION OF SUCH COURSE; AND TO REPEAL SECTIONS 38-73-1410, RELATING TO INSURANCE RATING ORGANIZATIONS AND THE PROVISION THAT THE REFILING OF FINAL RATES OR PREMIUM CHARGES PREVIOUSLY APPROVED IS NOT REQUIRED, 38-73-1425, RELATING TO INSURANCE RATING ORGANIZATIONS AND THE PROVISIONS REGARDING THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, 38-77-510, RELATING TO THE REINSURANCE FACILITY, 38-77-595, RELATING TO THE REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF OTHERWISE INELIGIBLE APPLICANTS FOR DESIGNATION, 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGE BE DISPLAYED, 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE INCLUSION OF RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, 38-77-625, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT THERE SHALL BE NO INCREASE IN THE RECOUPMENT CHARGE UNDER CERTAIN CONDITIONS, AND 38-77-930, RELATING TO THE PROVISION THAT NO AUTOMOBILE INSURER WHICH IS A MEMBER OF A GROUP OF AFFILIATED AUTOMOBILE INSURANCE INSURERS MAY MAKE OR ADOPT CERTAIN RULES.
Referred to Committee on Labor, Commerce and Industry.
S. 1441 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THE PRECINCTS IN THE CITY OF SPARTANBURG.
Referred to Spartanburg Delegation.
On motion of Rep. G. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 4688 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO SUCCEED THOSE MEMBERS OF THE BOARD WHOSE TERMS EXPIRE IN 1992.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint session in the hall of the House at 12:00 noon on Wednesday, April 29, 1992, for the purpose of electing members of the Board of Trustees of Clemson University to succeed those members whose terms expire in 1992.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4689 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING GRATITUDE TO MR. JAMES N. MCFADDEN OF SUMMERTON FOR HIS YEARS OF DEVOTED AND DEDICATED SERVICE TO THE TOWN OF SUMMERTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4690 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS GRATITUDE TO THE HONORABLE RALPH H. BELL, JR., OF SUMMERTON FOR HIS YEARS OF DEDICATED AND DEVOTED SERVICE TO THE TOWN OF SUMMERTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Beatty Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, April 7.
Roger M. Young Irene K. Rudnick Stephen E. Gonzales F.G."Greg" Delleney, Jr James P. Harrelson Eugene C. Stoddard Thomas E. Huff L. Edward Bennett Gilda Cobb-Hunter
LEAVE OF ABSENCE
The SPEAKER granted Rep. WHITE a leave of absence for the day.
Announcement was made that Dr. Mitchell J. Wolin of Columbia is the Doctor of the Day for the General Assembly.
Rep. MEACHAM presented the Fort Mill School Marching Band, Winner and Grand Champions of the Burger King Classic, The James F. Byrnes Tournament of Bands, and the AAA Upper State and State Championships, their directors and other school officials.
Rep. HASKINS moved that upon completion of the Ratification of Acts, the House recede until 2:15 P.M., which was agreed to.
At 12:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R360) S. 1048 -- Senator Passailaigue: AN ACT TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.
(R361) S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: AN ACT TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES, EXCLUDING HEALTH CARE FACILITIES.
(R362) S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: AN ACT TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
(R363) S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: AN ACT TO AMEND SECTION 44-22-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
(R364) S. 1109 -- Senator Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-60 SO AS TO PROHIBIT FREE TUITION FOR A MEMBER OF THE BOARD OF TRUSTEES OF A STATE SUPPORTED POST-SECONDARY EDUCATION INSTITUTION OR MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE EXCEPTIONS.
(R365) S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.
(R366) S. 788 -- Senator Drummond: AN ACT TO AMEND SECTION 50-17-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE DETAILED PROVISIONS LISTING CERTAIN FISH SUBJECT TO FEDERAL REGULATIONS, DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED, AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
(R367) S. 1244 -- Senator Land: AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
(R368) H. 3048 -- Rep. Keyserling: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-80 SO AS TO PROVIDE FOR A UNIFORM SUMMONS FOR COUNTIES AND MUNICIPALITIES AND TO PROVIDE A PENALTY FOR FAILURE TO APPEAR IN COURT AFTER A SUMMONS HAS BEEN ISSUED.
At 12:50 P.M. the House resumed, the SPEAKER in the Chair.
The House receded until 2:15 P.M.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. NETTLES a leave of absence for the remainder of the day.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 21, which was adopted.
H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3097 -- Reps. Baxley, Wilder, Manly, Whipper, Burch, Corning, Quinn, Wells and Waites: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INTERPRETER FOR A DEAF PERSON WHO IS A PARTY TO A LEGAL PROCEEDING OR CONFINED TO AN INSTITUTION, SO AS TO ESTABLISH THE POSITION OF COURT INTERPRETER FOR THE DEAF AND TO PROVIDE FOR HIS FUNCTIONS, DUTIES, AND QUALIFICATIONS.
H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: A BILL TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. WOFFORD having the floor.
S. 261 -- Senator Fielding: A BILL TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
Rep. WOFFORD relinquished the floor.
The Bill was read the second time and ordered to third reading.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, April 8, which was adopted.
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, April 21, which was adopted.
H. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.
Rep. FARR moved to adjourn debate upon the following Bill until Thursday, April 16, which was adopted.
S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
The following Bill was taken up.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Rep. CROMER objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the Bill until Wednesday, April 8, which was adopted.
The following Bill was taken up.
S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 2, by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Reps. WHIPPER, KEYSERLING, INABINETT, ANDERSON and HOLT proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6451.HC), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, page vii, line 12, by striking /seventy-five/ and inserting /fifty/.
Amend further, page viii, by adding an appropriately lettered subsection to read:
/( ) Notwithstanding the distribution provisions of subsection (e) of this section, twenty-five percent of forfeited proceeds must be distributed to the South Carolina Department of Mental Health and credited to a separate community alcohol and drug abuse treatment account, which is hereby created. Funds in this account must be used by the department in its community-based treatment programs for chemically addicted persons./
Renumber subsections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. RAMA moved to table the amendment.
Rep. ANDERSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baker Beasley Bennett Boan Brown, H. Burch, K. Cato Clyborne Cooper Corbett Corning Council Delleney Fair Farr Fulmer Gentry Gonzales Hallman Harrison Haskins Hodges Huff Keegan Kirsh Klapman Koon Marchbanks Martin, L. McCraw McTeer Meacham Quinn Rama Riser Ross Sheheen Shissias Snow Stone Tucker Vaughn Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, J. Baxley Beatty Brown, G. Brown, J. Bruce Byrd Chamblee Cromer Elliott, L. Foster Glover Harwell Hyatt Inabinett Jaskwhich Kempe Keyserling Littlejohn Martin, D. Martin, M. Mattos McGinnis Neilson Phillips Rudnick Scott Shirley Smith Taylor Townsend Waites Wells Whipper Wilder Wilkes Williams, D.
So, the amendment was tabled.
The Bill, as amended, was then read the second time and ordered to third reading.
The following Bill was taken up.
H. 4429 -- Reps. Tucker, Haskins, Cobb-Hunter, Stone, McCraw, G. Bailey, Corning, Wells, Wofford, L. Elliott, Mattos, McAbee, D. Martin, Holt, Phillips, Kempe, J. Brown, K. Burch, Riser, Beatty, Wright, Harrison, Smith, Kinon, T.C. Alexander, Vaughn, McGinnis, Littlejohn, Rhoad, Barber, Chamblee, Gonzales, Meacham, Farr, L. Martin, Marchbanks and Hyatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 2, by the Committee on Judiciary.
Rep. HODGES explained the amendment and moved to adjourn debate upon the Bill until Wednesday, April 8, which was adopted.
The following Bill was taken up.
H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 19, by the Committee on Education and Public Works.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 2.
Amend the amendment of the Committee of Education and Public Works by adding an appropriately numbered section to-wit:
/SECTION ___ Nothing herein shall be construed to authorize any teacher or student to use the provisions of this act to advocate or promote any particular religious viewpoint./
Renumber sections to conform.
Rep. PHILLIPS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 2, Rep. PHILLIPS having the floor.
Rep. G. BROWN withdrew his objections to the following Bill.
H. 4174 -- Reps. Jennings, M. Martin and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT ANY PERSON UPON BEING ARRESTED FOR A VIOLATION OF SECTION 56-5-2930 AND TAKEN BY THE ARRESTING OFFICER TO A LOCATION FOR PURPOSES OF ADMINISTERING THE CHEMICAL TEST OF HIS BREATH MUST ALSO HAVE HIS CONDUCT AT THIS LOCATION VIDEOTAPED BY THE ARRESTING OFFICER OR ANOTHER MEMBER OF THE ARRESTING OFFICER'S DEPARTMENT, TO PROVIDE THAT A COPY OF THIS VIDEOTAPE MUST BE PROVIDED TO THE DEFENDANT UPON HIS REQUEST AND AT HIS EXPENSE BEFORE THE SCHEDULED TRIAL DATE AND IT IS ADMISSIBLE AS EVIDENCE BY EITHER SIDE IN THIS PROCEEDING, AND TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO THE VIDEOTAPING OF HIS CONDUCT.
The motion of Rep. KEMPE to reconsider the vote whereby the following Bill was tabled was taken up.
H. 3314 -- Reps. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".
Rep. KEMPE moved to adjourn debate upon the motion to reconsider, which was rejected.
The question then recurred to the motion to reconsider, which was rejected by a division vote of 17 to 58.
Rep. ROGERS, with unanimous consent, made the following remarks:
"Thank you...Mr. Speaker, on December 1, 1982, a great South Carolinian and a grand lady was appearing before a Senate committee arguing for a reapportionment plan that would give greater representation to African-American voters. She was asked by the committee if she planned to submit a written statement. Modjeska Monteith Simkins replied, 'I am a written statement.' The life of Modjeska Simkins, which ended after 92 years on Sunday, April 5, was a most eloquent statement on the virtues of compassion, courage, integrity and sheer persistence. Modjeska Simkins had an unwavering commitment to the cause of social justice for all of humankind, and she had the energy, the enthusiasm and the true grit to fulfill that commitment. She devoted her life to that commitment to her brothers and sisters on this earth. And in so doing, she touched the lives of many, many people. She challenged, she chastised, she exhorted, she inspired. Those of us who were privileged to know her and learn from her, will never be the same. Modjeska Simkins was the matriarch of the civil rights movement in South Carolina. Her role in that movement was pivotal. She built it. She led it. She was ever its champion. She was no less a champion in the movement for women's rights. If ever a woman symbolized the rejection of the subservience of women, Modjeska Simkins did. She was no less an advocate for the poor, for their dignity, for their worth. She encouraged them, she organized them, she agitated them, she emboldened them. In fact, Modjeska Simkins was always on the lookout for anyone who was treated unfairly, who was shorted by the powers-that-be, whose rights were denied. She spent her life fighting for the underdog. At times that fight led her to excess, but if she were to err, it would always be on the side whose odds were greater, and whose resources were fewer. And now, as she has finally laid down her trophies, and I, as many who were touched by her, wish to express my love for her, my deep respect for her, my deep appreciation for her and for the work that she did. For my son and my two daughters, South Carolina and this world will be a much better place for Modjeska Simkins having lived and toiled among us. May her soul rest in peace, and may her memory live on. Thank you."
Rep. QUINN moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, April 14, which was adopted.
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
Rep. VAUGHN moved that the House recur to the morning hour, which was rejected by a division vote of 26 to 58.
The motion period was dispensed with on motion of Rep. L. MARTIN.
The following Bill was taken up.
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Rep. McABEE moved to adjourn debate upon the Bill until Wednesday, April 8.
Rep. J. BAILEY moved to table the motion, which was not agreed to by a division vote of 9 to 59.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up.
H. 3687 -- Reps. Fair, Wright, Corbett, Keegan and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES.
Rep. FAIR explained the Bill.
Rep. COBB-HUNTER moved to continue the Bill.
Rep. HASKINS 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 Baxley Bennett Brown, G. Carnell Cobb-Hunter Cromer Glover Inabinett Jennings Kennedy Keyserling Kirsh Manly Martin, D. Mattos McAbee McCraw McTeer Neilson Rhoad Rogers Rudnick Townsend Waites Whipper Wilkes
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Baker Beasley Boan Brown, H. Bruce Burch, K. Canty Cato Chamblee Clyborne Cooper Corbett Corning Council Delleney Elliott, L. Fair Farr Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Haskins Hodges Houck Huff Hyatt Jaskwhich Keegan Kinon Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McElveen McGinnis Meacham Phillips Quinn Rama Riser Ross Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Vaughn Waldrop Wells Wilder Wilkins Williams, J. Wofford Wright Young, R.
So, the House refused to continue the Bill.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18608.SD).
Amend the bill, as and if amended, by striking Section 59-29-240 of the 1976 Code, as contained in Section 1, and inserting:
/Section 59-29-240. (A) It is unlawful to teach religious "New Age" practices or tenets in the public schools. These practices include but are not limited to:
(1) Progressive Relaxation;
(2) Meditation;
(3) Visualization;
(4) Moral Relativism; and
(5) Guided Imagery.
(B) In developing and emphasizing higher order thinking and problem solving skills as required by law, the State Department of Education and the school districts must employ verbalization techniques as opposed to visualization in the teaching of critical thinking, shall encourage conscious critical thinking skills, and may not become involved in consciousness alteration or any attempt to influence the subconscious mind of students through direct or indirect methods.
(C) The following definitions apply for purposes of this section:
(1) "Progressive Relaxation" involves the serial relaxation of the major muscles of the body. Such relaxation may be brought about by conscious intent through directions by a narrator and may also involve a process of first tensing then relaxing major muscle groups in a prescribed order. This activity may be accompanied by music which is selected to be soothing or restful.
(2) "Meditation" is any activity which involves repeated exposure to any sensory stimuli, including words or sounds, for the purpose of inducing a relaxed or altered mental state.
(3) "Visualization" is a technique of creating an image in one's mind and using that image in an effort to create or control reality through mind-powers.
(4) "Moral Relativism" involves the idea that morals are relative to a situation and that nothing is absolutely right or wrong.
(5) "Guided Imagery" involves the use of images communicated to the listener by narration while the listener is in a deeply relaxed state, hypnotic state, or altered state of consciousness./
Amend title to conform.
Rep. FAIR explained the amendment and moved to adjourn debate upon Amendment No. 1, which was adopted.
Rep. FAIR proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\3811.AL), which was tabled.
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 59-29-240. It is unlawful to teach religious 'New Age' practices or tenets in the classrooms of the public schools. These practices include but are not limited to:
(1) sensory stimuli for the purpose of hypnotizing or inducing an altered mental state;
(2) techniques that teach that reality can be controlled by mind power alone;
(3) the idea that morals are relative; and
(4) narration while the listener is in a hypnotic or altered state of consciousness.
SECTION 2. The 1976 Code is amended by adding:
"Section 59-29-550. A person who violates the provisions of Section 59-29-540 is subject to disciplinary action determined by the local school board or local school administration including termination."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. FAIR explained the amendment.
The SPEAKER granted Reps. STODDARD and MANLY a leave of absence for the remainder of the day.
Rep. FAIR continued speaking.
Rep. WILKES spoke against the amendment.
Rep. CROMER spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. WILKES moved to table the amendment.
Rep. FAIR 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. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Bruce Burch, K. Byrd Canty Clyborne Cobb-Hunter Council Cromer Delleney Elliott, D. Elliott, L. Farr Foster Glover Gonzales Harrelson Harris, J. Harrison Harvin Hodges Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Littlejohn Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McTeer Neilson Rama Rhoad Rogers Ross Rudnick Scott Shirley Shissias Snow Taylor Townsend Tucker Waites Whipper Wilder Wilkes
Those who voted in the negative are:
Baker Beasley Brown, H. Carnell Cato Chamblee Cooper Corbett Corning Fair Fulmer Gentry Hallman Harris, P. Harwell Haskins Hyatt Jaskwhich Keegan Klapman Koon Lanford Marchbanks Martin, L. Meacham Quinn Riser Sharpe Sheheen Smith Stone Sturkie Vaughn Waldrop Wells Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Reps. TOWNSEND and HUFF proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\CYY\18608.SD).
Amend the bill, as and if amended, by striking Section 59-29-240 of the 1976 Code, as contained in Section 1, and inserting:
/Section 59-29-240. (A) It is unlawful to teach religious "New Age" practices or tenets in the public schools. These practices include but are not limited to:
(1) Progressive Relaxation;
(2) Meditation;
(3) Moral Relativism; and
(4) Guided Imagery.
(B) In developing and emphasizing higher order thinking and problem solving skills as required by law, the State Department of Education and the school districts must employ verbalization techniques as opposed to visualization in the teaching of critical thinking, shall encourage conscious critical thinking skills, and may not become involved in consciousness alteration or any attempt to influence the subconscious mind of students through direct or indirect methods.
(C) The following definitions apply for purposes of this section:
(1) "Progressive Relaxation" involves the serial relaxation of the major muscles of the body. Such relaxation may be brought about by conscious intent through directions by a narrator and may also involve a process of first tensing then relaxing major muscle groups in a prescribed order. This activity may be accompanied by music which is selected to be soothing or restful.
(2) "Meditation" is any activity which involves repeated exposure to any sensory stimuli, including words or sounds, for the purpose of inducing a relaxed or altered mental state.
(3) "Moral Relativism" involves the idea that morals are relative to a situation and that nothing is absolutely right or wrong.
(4) "Guided Imagery" involves the use of images communicated to the listener by narration while the listener is in a deeply relaxed state, hypnotic state, or altered state of consciousness./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. WILKES moved to table the Bill.
Rep. HUFF 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. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Bruce Burch, K. Byrd Canty Carnell Clyborne Cobb-Hunter Council Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Hodges Houck Hyatt Inabinett Kempe Kennedy Keyserling Kinon Kirsh Littlejohn Martin, D. Mattos McAbee McCraw McElveen McGinnis McTeer Neilson Rama Rhoad Rogers Ross Rudnick Scott Sheheen Shissias Snow Taylor Waites Waldrop Whipper Wilder Wilkes Wright
Those who voted in the negative are:
Baker Beasley Brown, H. Cato Chamblee Cooper Corbett Fair Fulmer Harris, P. Haskins Huff Jaskwhich Keegan Klapman Koon Lanford Marchbanks Martin, L. Meacham Quinn Riser Sharpe Shirley Smith Stone Sturkie Townsend Vaughn Wilkins Wofford Young, R.
So, the Bill was tabled.
The following Bill was taken up.
H. 3010 -- Rep. Kirsh: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.
Rep. L. MARTIN moved to table the Bill.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Baker Barber Baxley Beasley Boan Cato Chamblee Clyborne Cooper Corbett Cromer Delleney Elliott, D. Fair Fulmer Hallman Harrelson Harris, P. Haskins Hodges Jaskwhich Klapman Koon Marchbanks Martin, D. Martin, L. McElveen McGinnis Meacham Quinn Rama Sturkie Taylor Vaughn Whipper Wilkins
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Bennett Brown, H. Brown, J. Bruce Burch, K. Canty Carnell Cobb-Hunter Corning Council Elliott, L. Farr Foster Gentry Glover Gonzales Harris, J. Harrison Harvin Harwell Houck Huff Hyatt Inabinett Jennings Keegan Kempe Keyserling Kinon Kirsh Lanford Littlejohn Mattos McAbee McCraw McTeer Neilson Phillips Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stone Townsend Tucker Waites Waldrop Wilder Wilkes Wofford Wright Young, A. Young, R.
So, the House refused to table the Bill.
Rep. L. MARTIN spoke against the Bill and moved to adjourn debate upon the Bill.
Rep. KIRSH moved to table the motion, which was not agreed to by a division vote of 43 to 49.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up.
H. 3789 -- Rep. Waldrop: A BILL TO AMEND SECTION 40-45-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO REVISE THE GROUND RELATING TO CERTAIN ACTIONS TAKEN INDEPENDENT OF A LICENSED DOCTOR OR DENTIST; AND TO AMEND SECTION 40-45-220, RELATING TO THE SCOPE OF PRACTICE OF PHYSICAL THERAPISTS, SO AS TO REVISE THIS SCOPE OF PRACTICE.
Rep. RAMA moved to adjourn debate upon the Bill until Thursday, April 16.
Rep. WALDROP moved to table the motion, which was agreed to by a division vote of 82 to 10.
Rep. HUFF moved that the House do now adjourn.
Rep. P. HARRIS demanded the yeas and nays, which were not ordered.
The question then recurred to the motion that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
At 4:35 P.M. the House in accordance with the motion of Rep. HYATT adjourned in memory of Mr. Scott Godfrey of Rock Hill, to meet at 10:00 A.M. tomorrow.
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