Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for these moments of daily prayer when we can look to God Who is more ready to hear our prayers that we are to pray. Give us such a measure of faith that becomes a simple confidence that God is and that He will faithfully do what He has promised. Teach us, then, that when it is hardest to pray that we should pray the hardest. Keep clear to us the golden lesson that "prayer can transform seconds into service, minutes into miracles, obstacles into opportunities, adversities into adventures". Cause us to know always that ours is a God Who sees tomorrow clearer than we see today.
Hear us, good Lord, in our prayer offered in faith. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HARRISON moved that when the House adjourns it adjourn in memory of Mrs. Lillian Strother, mother of Rep. JUNE SHISSIAS, which was agreed to.
The House stood in silent prayer in memory of Mrs. Lillian Strother, Rep. SHISSIAS' mother.
The following was introduced:
H. 4691 -- Reps. Shissias, Corning, Harrison and Quinn: A HOUSE RESOLUTION TO WELCOME ARNOLD SCHWARZENEGGER, DISTINGUISHED MOTION PICTURE ACTOR, DIRECTOR, AND PRODUCER, AND CHAIRMAN OF THE PRESIDENT'S COUNCIL ON PHYSICAL FITNESS AND SPORTS, TO SOUTH CAROLINA AND TO INVITE HIM TO ADDRESS THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1992, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, Arnold Schwarzenegger is known worldwide for his many distinguished accomplishments as a motion picture actor, director, and producer; and
Whereas, he also serves as chairman of the President's Council on Physical Fitness and Sports; and
Whereas, he will be in South Carolina on April 15 in his capacity as chairman of the council and during this time he will visit schools, chair the South Carolina summit meeting of the council and engage in other activities designed to promote this worthwhile endeavor; and
Whereas, the members of the House of Representatives, by this resolution, would like to welcome him to South Carolina and invite him to address the House at a time his schedule will permit during his visit on April 15. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby welcome Arnold Schwarzenegger, distinguished motion picture actor, director, and producer, and chairman of the President's Council on Physical Fitness and Sports, to South Carolina and to invite him to address the House of Representatives on Wednesday, April 15, 1992, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to Mr. Schwarzenegger.
The Resolution was adopted.
The following was introduced:
H. 4692 -- Reps. Inabinett, Rogers, Whipper, Vaughn, Scott, Jaskwhich, Holt, L. Elliott, Kennedy, Sturkie, Kempe, McCraw, Anderson, Littlejohn, Cobb-Hunter, Manly, Beatty, Cato, D. Martin, Phillips, Byrd, Barber, J. Brown, Townsend, Lanford, Shirley, Snow, McLeod and Canty: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 7, 1992) AS "LEGISLATIVE FAMILY DAY 1992" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1992".
Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and
Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and
Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate the first Thursday in May (May 7, 1992) as "Legislative Family Day 1992" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.
Be it further resolved that each member of the General Assembly invite a member of his or her family to the State House as special guests of the General Assembly to attend and observe the respective sessions in the Senate and the House of Representatives on "Legislative Family Day 1992".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4693 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PUBLICLY RECOGNIZE AND COMMEND MISSY FRANKLIN OF NEWBERRY FOR HER OUTSTANDING WORK WITH THE COUNTY COUNCIL ON AGING AND FOR HER OTHER UNSELFISH SERVICE TO THE PEOPLE OF THE CITY AND COUNTY OF NEWBERRY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4694 -- Reps. Rogers, J. Brown, Byrd, Scott, Taylor, Waites, Cromer, Shissias, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MODJESKA MONTEITH SIMKINS, THE MATRIARCH OF CIVIL RIGHTS ACTIVISTS IN THIS STATE FOR FOUR DECADES, WHO DIED SUNDAY, APRIL 5, 1992.
Whereas, it is with much sadness that the members of the General Assembly learned of the death on Sunday, April 5, 1992, of Modjeska Monteith Simkins; and
Whereas, this fearless outspoken champion of the oppressed was an original organizer of the state chapter of the NAACP; and
Whereas, she was one of the architects of the Clarendon County desegregation case that became part of the United States Supreme Court's historic decision, Brown v. Board of Education in 1954; and
Whereas, in the words of United States District Judge Matthew J. Perry ". . . she probably will be remembered as a woman who challenged everyone."; and
Whereas, she was a powerful force for equality and served as an inspiration to all who came to know her; and
Whereas, her entire life was spent focusing on the liberation of people from the oppression of segregation, poverty, illiteracy, and disenfranchisement; and
Whereas, Mrs. Simkins, acting as a warrior not only in Columbia and on the state level, linked her reform movements to the national and regional levels; and
Whereas, the granddaughter of a slave, she was born in Columbia, December 5, 1899, and was graduated from Benedict College in 1921; and
Whereas, her long career as an activist began to congeal in the late 1930's when she became involved with a number of civil rights and service groups, among them the Civil Rights Congress, the United Negro and Allied Veterans of America, and the Southern Reform Council, a male dominated organization that paved the way for voter education in the 1960's; and
Whereas, of the many causes Modjeska Simkins championed, medical and mental health care for the underprivileged got much of her attention; and
Whereas, it is with great sadness we turn a page in the history of our State in witnessing the passing of this great humanitarian who leaves a legacy of civil rights victories which will not be equaled in the near future. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly wish to express their deep sorrow to the family and friends of Modjeska Monteith Simkins, the matriarch of civil rights activists in this State for four decades, who died Sunday, April 5, 1992.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4695 -- Reps. Farr, Phillips, Sharpe, Wilkes, Bruce, Rhoad, Inabinett, Corbett, Bennett, Gonzales, Beasley, Riser, Meacham, Waites, Snow, Delleney and Manly: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER LITTLE BROWN'S CREEK ON S. 44-57 IN UNION COUNTY AS THE CURTIS HARRIS BRIDGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4696 -- Reps. Harrison, Farr, Corning, Rogers, Vaughn, A. Young, Gonzales, Wofford, Haskins, Quinn, Phillips, Kirsh, McGinnis, Baker and Stone: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REFRAIN FROM IMPOSING UPON THE STATE'S CONSTITUTIONAL AUTHORITY TO REGULATE TRAFFIC AND MOTOR VEHICLE SAFETY WITHIN THEIR RESPECTIVE BOUNDARIES, AND SPECIFICALLY TO REFRAIN FROM MANDATING THE PASSAGE OF STATE LAWS REQUIRING THE USE OF MOTORCYCLE HELMETS, SAFETY BELTS, AND CHILD RESTRAINT SYSTEMS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4697 -- Reps. Byrd, J. Brown, Cromer, Rogers, Taylor, Scott, Quinn, Harrison, Corning, Waites and Shissias: A CONCURRENT RESOLUTION TO COMMEND REVEREND ROSCOE C. WILSON, SR., PASTOR OF SAINT JOHN BAPTIST CHURCH IN COLUMBIA, FOR HIS FORTY-FOUR YEARS OF UNSELFISH AND DEDICATED LEADERSHIP OF THIS OUTSTANDING CHURCH, AND TO EXTEND TO HIM BEST WISHES ON THE OCCASION OF HIS SEVENTY-FIRST BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4698 -- Rep. Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 58 SO AS TO PROVIDE FOR THE LICENSURE OF CERTAIN NONPUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS AND TO REPEAL CHAPTERS 46 AND 59 OF TITLE 59, RELATING TO DEGREE-GRANTING NONPUBLIC EDUCATIONAL INSTITUTIONS AND TO PROPRIETARY SCHOOLS RESPECTIVELY.
Referred to Committee on Education and Public Works.
H. 4699 -- Reps. McElveen and Hodges: A JOINT RESOLUTION TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL AND THE STATE REORGANIZATION COMMISSION TO JOINTLY CONDUCT A STUDY OF STATE GOVERNMENT IN ORDER TO MAKE RECOMMENDATIONS CONCERNING MAKING STATE GOVERNMENT MORE EFFICIENT, EFFECTIVE, AND ACCOUNTABLE, THE ELIMINATION OF DUPLICATE SERVICES, CONSOLIDATION OF AGENCY FUNCTIONS, DESIRABILITY OF IMPLEMENTING TOTAL QUALITY MANAGEMENT IN STATE GOVERNMENT, AND THE POSSIBLE REORGANIZATION OF THIS STATE'S SYSTEM OF HIGHER EDUCATION, TO PROVIDE FOR THE REQUIRED COMPLETION DATES OF THIS STUDY WHICH ARE STAGGERED OVER A PERIOD OF FIVE YEARS, TO INCLUDE IN THE STUDY CERTAIN PUBLIC AUTHORITIES OR ENTITIES ESTABLISHED BY STATE LAW THE FUNDING AND REVENUES OF WHICH ARE NOT EXPENDED OR APPROPRIATED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT IF THE GENERAL ASSEMBLY DOES NOT ADOPT THE RECOMMENDATIONS OF THE AUDIT COUNCIL AND THE REORGANIZATION COMMISSION BY ENACTING APPROPRIATE LEGISLATION OR IF IT DOES NOT OTHERWISE EXTEND AN AGENCY BY ACT OR JOINT RESOLUTION, THE AGENCY OR ENTITY IS ABOLISHED AS OF A SPECIFIED DATE, AND TO PROVIDE THAT THE PROVISIONS OF CHAPTER 20, TITLE 1 OF THE 1976 CODE, RELATING TO THE SUNSETTING OF CERTAIN AGENCIES AND DEPARTMENTS, ARE SUSPENDED UNTIL JULY 1, 1997.
Referred to Committee on Ways and Means.
H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4701 -- Reps. A. Young, Meacham, Stone, Mattos, Quinn, Baker, Smith, Haskins, G. Bailey, Cobb-Hunter, Vaughn, Wells, Huff, Wilder, Harrison, Farr, Council, Keyserling, K. Burch, Keegan, Beasley, Wofford, Byrd, Taylor and Canty: A BILL TO AMEND ARTICLE 3, SUBARTICLE 1, CHAPTER 20, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-92 SO AS TO PROVIDE THAT THE BIOLOGICAL FATHER OF A CHILD CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT HAS NO RIGHTS OR PRIVILEGES AS THE PARENT OF THAT CHILD AND TO PROVIDE THAT THIS DOES NOT PRECLUDE A COURT FROM ENFORCING ANY REQUIREMENTS, PENALTIES, OR SANCTIONS AS THEY RELATE TO THE CHILD OR THE OFFENSE.
Referred to Committee on Judiciary.
H. 4702 -- Reps. Rudnick, Kempe, Houck and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-75 SO AS TO REQUIRE HOSPITALS TO DISPLAY A LIST OF THEIR STANDARD CHARGES AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4703 -- Rep. Stone: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.
On motion of Rep. STONE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4704 -- Rep. Manly: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED PROSTHETIC DEVICES SOLD BY PRESCRIPTION TO SALES OF SUCH DEVICES TO A PURCHASER WHICH IS A HOSPITAL WHICH OBTAINS THE DEVICE FOR THE PURPOSE OF DONATING IT TO A PATIENT.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Delleney Elliott, L. Fair Farr Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Hendricks Hodges Holt Houck Huff Hyatt Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Wells Whipper White Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, April 8.
Terry Haskins Samuel Foster Joseph Wilder George Bailey Dick Elliott Lenoir Sturkie Curtis Inabinett Gilda Cobb-Hunter Dave Waldrop John Williams Robert Barber John Felder Joseph McElveen Maggie Glover Tim Wilkes Ralph Canty Douglas McTeer Larry Gentry Larry Koon Alex Harvin, III
STATEMENTS OF ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 2.
Reps. CORBETT and D. MARTIN signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, April 6.
Announcement was made that Dr. Larry R. Winn of Easley is the Doctor of the Day for the General Assembly.
Rep. KINON presented the Lake View High School Wild Gators Football Team, winners of the 1991 State Class A Division H. championship, and coaches.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 the following Bill, the pending question being the consideration of amendment No. 2, Rep. PHILLIPS having the floor.
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. 2, which was proposed on Tuesday, April 7, by Rep. HASKINS.
Rep. PHILLIPS continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
I wish to record a no vote on H. 4160 voice vote.
Rep. SARAH MANLY
I was not in the House when the prayer in the schools was voted. I would have voted "No".
Rep. HARRIET KEYSERLING
The following Bill was taken up.
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. SMITH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9950.JM), which was adopted.
Amend the bill, as and if amended, page 1, by striking lines 29 through 42 and inserting:
/"Section 6-11-70. (A) Notwithstanding any other provision of law the When a special purpose district elects its board members, the governing body of any county may by ordinance or resolution establish a uniform election date for the election of members of the governing bodies of any special purpose districts within the county board members must be elected in the November general election held in an even-numbered year. To implement the provisions of this section, such the ordinances or resolutions governing body of a county shall by ordinance or resolution may include provisions to extend terms, for necessary periods not to exceed one year, of persons to be elected to permit such the persons to be elected on the uniform election date in accordance with the provisions of this section, but no elected term shall may be shortened for that purpose./
Amend further, by striking lines 43 and 44 on page 1, and lines 1 through 4 on page 2 and inserting:
/(B) Notwithstanding any provision of Title 7 or other provision of law, in such a district a candidate is required to obtain on a petition the signatures of five percent of the qualified electors of the district in order to have his name placed on the ballot for election as a commissioner of a special purpose district within the county."/
Amend title to conform.
Rep. SMITH 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. 4361 -- Reps. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 19, by the Committee on Labor, Commerce and Industry.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. SHIRLEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6253.HC), which was adopted.
Amend the bill, as and if amended, page 2, by striking lines 24, 25, 26, and 27 and inserting:
/appoint the personnel necessary to implement/.
Amend further, page 7, by striking lines 10, 11, 12, and 13 and inserting: /this State. The commission,in consultation with the Athletic Regulation Division of the Department of Labor, shall promulgate regulations as necessary for the protection of the health and safety of participants and to carry out the provisions of this article and Article 7, Chapter 3 of Title 41./
Amend title to conform.
Rep. SHIRLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. G. BROWN moved to adjourn debate upon the following Bill until Tuesday, April 14, which was adopted.
H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.
Rep. L. MARTIN moved to adjourn debate upon the following Joint Resolution until Wednesday, April 15, which was adopted.
H. 4568 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WAITES moved to adjourn debate upon the following Bill until Wednesday, April 22, which was adopted.
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.
The following Bill was taken up.
S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.
Rep. T. ROGERS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8357.HC), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. ROGERS 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. 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 Tuesday, April 2, by the Committee on Judiciary.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. MANLY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9949.JM), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION__.Notwithstanding the provisions of Section 27-21-20 of the 1976 Code of Laws or any other provision of law, if any glassware or other drug paraphernalia which is unclaimed and which would be useful in a science laboratory is recovered pursuant to Section 27-21-20, every effort must first be to make it available to the public schools or technical colleges for use in their science programs or courses before it may be sold at public auction or otherwise disposed of in accordance with that section./
Renumber sections to conform.
Amend title to conform.
Rep. MANLY explained the amendment.
Rep. HODGES spoke upon 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.
S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
Reps. WOFFORD and RAMA proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12324.AC), which was adopted.
Amend the bill, as and if amended, Section 44-7-320(A)(3), page 1, line 39, by inserting /immediately/ before /reinstated/.
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 Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
The following Bill was taken up.
H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE A PENALTY FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12302.DW), which was adopted.
Amend the bill, as and if amended, in Section 16-3-1070(C) and (D) of the 1976 Code, as contained in SECTION 1, page 2, line 15, by striking /one year/ and inserting /two years/; line 24 by striking /one year/ and inserting /three years/; and on line 25 by striking /one/ and inserting /two/ so that when amended Section 16-3-1070 shall read:
/"Section 16-3-1070. (A) For purposes of this section:
(1) 'Harasses' means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(2) 'Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of 'course of conduct'.
(3) 'A credible threat' means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his safety. The threat must be against the life of, or a threat to cause great bodily injury to, a person.
(B) It is unlawful for a person to wilfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place that person in reasonable fear of death or great bodily injury. A person violating this section is guilty of the crime of stalking and, upon conviction, must be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both.
(C) A person who violates subsection (B) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (B) against the same party is guilty of stalking and, upon conviction, must be punished by imprisonment for not more than two years or by a fine of not more than one thousand dollars, or both.
(D) A second or subsequent conviction occurring within seven years of a prior conviction under subsection (B) against the same victim and involving an act of violence or a 'a credible threat' of violence, as defined in item (3) of subsection (A), is guilty of stalking and, upon conviction, must be punished by imprisonment for not more than three years or by a fine of not more than two thousand dollars, or both.
(E) This section does not apply to conduct which occurs during labor picketing."/
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
I voted "aye" on Rep. RUDNICK's stalking Bill. I am very pleased to see the House take such a positive step in protecting the public in South Carolina. I, too, introduced a stalking Bill this session and am glad to see that a version thereof is making its way into law.
Rep. J.L. MANN CROMER, JR.
The following Bill was taken up.
H. 4448 -- Reps. Corning and Hodges: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, AND SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE THIRD TUESDAY IN AUGUST.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9858.JM).
Amend the bill, as and if amended, Section 7-13-40, as contained in SECTION 3, p. 3, line 20, by striking /third/ and inserting /fourth/, so that, when amended Section 7-13-40 shall read:
/"Section 7-13-40. In the event that If a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second fourth Tuesday in June August of each general election year and a second and third primary each two weeks successively thereafter after that date, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first July tenth, or if May first July tenth falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."/
Amend further, by adding an appropriately-numbered SECTION to read:
/SECTION ___. Section 7-13-350 of the 1976 Code is amended to read:
"Section 7-13-150. The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission under this title for one or more of the offices, national, state, circuit, multi-county district, countywide, or less than countywide, to be voted on in the general election must be placed upon the appropriate ballot for the election as candidates nominated by party by the authority charged by law with preparing the ballot if the names of the nominees are certified by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on September first eighteenth or, if September first eighteenth falls on Sunday, not later than twelve o'clock noon on the following Monday and for a special or municipal election, by at least twelve o'clock noon on the thirtieth day prior to the date of holding the election, or if the thirtieth day falls on Sunday, by twelve o'clock noon on the following Monday."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Reps. HARRELSON, McLEOD, HASKINS, G. BROWN and RUDNICK objected to the Bill.
Rep. J. BROWN withdrew his objection 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. BEASLEY to reconsider the vote whereby the following Joint Resolution was rejected was taken up and rejected.
H. 4472 -- Reps. Kirsh, Huff, Beatty, Kempe and R. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, 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. BYRD, with unanimous consent, made the following remarks.
"Mr. Speaker, members of the House of Representatives and fellow citizens...I deem it to be extremely important for me to pay tribute to a dear friend, a noble advocate for freedom and justice, and a former resident of House District 74, of which I have the opportunity to serve. Mrs. Modjeska M. Simkins, who passed away on April 5, 1992, was an educator, health worker, banker and an advocate for civil rights. She was a leader who was personally involved in designing, implementing, monitoring and evaluating sensible solutions concerning equality in educational, political, economical, and social issues for all people. She spoke out on issues to benefit humanity until she was no longer able to do so. She worked extremely hard to promote the state of South Carolina and the United States of America the noble ideas of this nation's founding fathers, that all men are created equal. Portraits that currently hang in these hallowed halls attest to the untiring efforts that have moved us closer to the ideas of this nation's founding fathers as exemplified by Mrs. Simkins in the category of freedom fighter of modern times. I have personally supported and participated in the efforts of four of the individuals whose portraits now hang in these halls, and I look for the opportunity to do the same for Mrs. Modjeska Simkins. Thanks to those freedom fighters like Modjeska Simkins, we are closer to those principals today than we are yesterday. We do not need to mourn her death, but instead let us celebrate her life. Let us dedicate ourselves to the principals for which Modjeska Simkins stood, and the ideals in which she believed. The torch has been passed. Mrs. Simkins has carried it as far as she could. I ask you, who among us in this chamber will reach out, grasp out, and carry it further? This is our challenge, how will we respond."
Rep. J. BROWN, with unanimous consent, made the following remarks.
"Ladies and Gentlemen of the South Carolina General Assembly, it is with an abiding respect and sincere pleasure that I speak to you in memory of one of our state's most forthright pioneering women of integrity; and, exceptionally beautiful human beings. Modjeska Monteith Simkins, granddaughter of slaves, was a woman of innate intelligence and abundant wisdom. She was a powerful advocate for the powerless; an articulate voice for the voiceless; speaking out on issues which threatened the degradation of her people and the division of her state; all because of 'nonsense and foolishness;' as she might call it. Mrs. Modjeska M. Simkins was an avid civil and human rights leader who did not suffer fools gladly; or accept inequality with quiet acquiescence. She was a woman of courage and selflessness; who sacrificed much of herself; time, money, comfort, and security; in exchange for her freedom to liberate the illiterate; poverty stricken, and disenfranchised people of our state, from the shackles of complacency. Not unlike Sojourner Truth, or Mary McLeod Bethune; Fannie Lou Hamer or Rosa Parks; Modjeska M. Simkins was a noted pioneer and advocate for the cause of equality; freedom; and, justice for all of the people of our great nation. Mrs. Modjeska M. Simkins is among our nation's heroes; and, has earned her place in history. Modjeska M. Simkins was no ordinary human being and carried out her life's work in a fearless manner; much like a martyr. Mrs. Modjeska Simkins was one of the founders of the state's chapter of the NAACP; where she served as secretary for approximately twelve years. She was also among the litigants of the Landmark Brown v. The Board of Education Desegregation decision; originating in Clarendon County. A noted educator, Mrs. Simkins was a splendid role model for the young women of our state long before the feminist movement. She made a daily ritual of the 'pen is mightier than the sword.' Many state officials have felt the sting of her poison pen. As a teacher, Mrs. Simkins, knew the value of education and the power of information. She knew how to use each wisely to mobilize her people into a force to be reckoned with. It was her leadership and commitment that spearheaded voter education and voter rights efforts in this State. Her journalistic revelation and oratory exposed the shortcomings of a number of unsuspecting Dixiecrats. With the help and organization of the NAACP, and other civil rights groups, Mrs. Modjeska Simkins was responsible for equality in teacher pay; new freedoms of expression and organization for state employees; intergration of the University of South Carolina and other institutions of higher learning. Mrs. Modjeska M. Simkins was active in a number of social, professional, and civil rights organizations. She received numerous honors, awards and commendations. Not only has she earned her position among outstanding black pioneers, but she has been included in Southern Bell's calendar featuring outstanding Black Americans. A real survivor, who had a stronger lease in entrepreneurship, after being forced out of the state NAACP, she landed on her feet and began a new career in banking,at which time she became Branch Manager of the Victory Savings Bank, the first and only black-owned bank in our state. Modjeska M. Simkins, a woman of petite statute who exhibited the tenacity of a lion, fearlessly going about her appointed rounds. She was not afraid to place her hand in the hand of the Man from Galilee; and, answered the call for soldiers in the Army of the Lord; reaching out to her people and speaking out against evil; cutting right and left like a two-edged sword. She did her part to fulfill her personal dream of life, liberty and the pursuit of happiness for all, going about her life judging people not by the color of their skin but the content of their character. Mrs. Modjeska M. Simkins was a positive influence and has left her footprints in the sands of South Carolina. She is a woman of impeccable Christian character whose living has definitely not been in vain. I am proud to join this great body in its memorial of an abundantly deserving and contributing South Carolinian, Mrs. Modjeska Monteith Simkins. Thank you."
The Senate amendments to the following Bill were taken up for consideration.
H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HODGES moved to recall H. 4699 from the Ways and Means Committee.
As a first substitute Rep. SHARPE moved to dispense with the balance of the Motion Period.
As a second substitute Rep. McELVEEN moved to recall H. 4699 from the Ways and Means Committee, which was agreed to by a division vote of 52 to 14.
Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18884.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-20 of the 1976 Code is amended to read:
"Section 40-45-20. In As used in this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:
(1) 'Physical therapy' shall mean means the evaluation and treatment of any bodily or mental condition of any person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry. The use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term 'physical therapy' as used in this chapter human beings to detect, correct, alleviate, and prevent physical disability, movement dysfunction, bodily malfunctions and pain resulting from injury, disease, congenital or developmental deficits, or illness. Physical therapy includes performing tests and measurements of bodily structures and functions and the planning and administration of treatment including the use of physical agents such as light, heat, cold, water, air, sound, compression, electricity, massage, therapeutic exercise, and other rehabilitation procedures.
(2) 'Physical therapist' shall mean means a person who practices licensed to practice physical therapy.
(3) 'Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological and physical sciences involved in the practice of physical therapy licensed to assist in the practice of physical therapy under the supervision of a physical therapist. The physical therapist assistant's activities require an understanding of physical therapy, but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.
(4) 'Prescription' shall mean the written or oral designation of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor may be as detailed or as general as the doctor in his sound discretion deems necessary in the particular case.
(5) 'Evaluation' means the process of identifying the primary physical dysfunction toward which the physical therapist directs treatment. The physical therapist identifies the dysfunction based on information obtained from the history, signs, symptoms, examination, and tests that the physical therapist performs or requests.
(5)(6) 'Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION 2. Section 40-45-200(8) of the 1976 Code is amended to read:
"(8) Who has treated or undertaken to treat human ailments otherwise other than by physical therapy as defined in this chapter, or who has undertaken to practice independent of the prescription of a licensed doctor of medicine or dentistry, or who has undertaken to practice independent of a referral of a licensed doctor of medicine or dentistry where required under this chapter, or who has failed to refer any individual still under active physical therapy treatment to a licensed doctor of medicine or dentistry thirty days after the initial evaluation and treatment; or"
SECTION 3. Section 40-45-220 of the 1976 Code is amended to read:
"Section 40-45-220. A person registered under this chapter as a physical therapist shall not treat human ailments otherwise than by physical therapy as defined in this chapter or undertake to practice independent of the prescription of a licensed doctor of medicine or dentistry. Nothing in this chapter shall be construed as authorizing a registered physical therapist, or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing or any other form, branch or method of healing as authorized by the laws of this State. A person registered under this chapter as a physical therapist assistant shall perform his duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his treatment program by such therapist, at frequent intervals, not less than after every seventh treatment given by the assistant. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall be punished as set out in Section 40-47-260.
(1) A physical therapist registered under this chapter is considered to be engaged in the practice of physical therapy by employing acts, tests, procedures, and modalities commensurate with professional training received through approved education and experience. Physical therapy treatment includes the use of physical agents such as light, heat, cold, water, air, sound, compression, electricity, massage, and therapeutic exercises including rehabilitation procedures.
(2) A physical therapist registered under this chapter must have a referral from a licensed doctor of medicine or dentistry to perform tissue penetration for debridement of wounds and ulcers, to apply topical prescription medications, to order prosthetic limb replacements, and to perform manipulations of the spine.
(3) Nothing in this chapter may be construed as authorizing a registered physical therapist nor any person working under his supervision to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State.
A physical therapist registered under this chapter or any person working under his supervision may not employ acts, tests, procedures, treatments, or modalities in the treatment of patients that are beyond the scope of the practice of physical therapy. The use of roentgen rays, or radioactive materials for diagnostic purposes or treatment is prohibited, and the use of electricity for surgical purposes, including cauterization and colonic irrigations is prohibited.
(4) A patient receiving treatment without the initial prescription of a licensed doctor of medicine or dentistry from a physical therapist registered under this chapter who is still under active treatment by the physical therapist thirty days after the initial evaluation and treatment must be referred by the physical therapist to a licensed doctor of medicine or dentistry before any further physical therapy treatment may be performed.
(5) A physical therapist must supervise physical therapist assistants, physical therapy aides, physical therapy graduates, and physical therapy assistant graduates to the extent allowed under this chapter and the regulations promulgated by the board.
(6) A physical therapist assistant registered under this chapter may assist in the practice of physical therapy only to the extent allowed by the supervising physical therapist and within the scope allowed by law. A physical therapist assistant shall perform his duties only after the initial evaluation of a patient by a registered physical therapist. Periodic reexaminations and reevaluations of the patient by a registered physical therapist must be made not less than every seventh treatment given by the physical therapist assistant.
(7) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 40-47-260."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CHAMBLEE explained the amendment.
Rep. RAMA moved to continue the Bill.
Rep. WALDROP demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Cobb-Hunter Glover Hallman Harrison Harvin Inabinett Manly Quinn Rama Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Baker Barber Baxley Brown, H. Bruce Burch, K. Canty Carnell Cato Chamblee Cooper Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Gonzales Harrelson Harris, J. Harris, P. Harwell Haskins Hodges Holt Houck Huff Hyatt Jaskwhich Jennings Johnson, J.C. Kinon Kirsh Koon Lanford Littlejohn Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis Phillips Riser Rogers Ross Rudnick Scott Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Wilkes Wofford Wright
So, the House refused to continue the Bill.
The question then recurred to the adoption of Amendment No. 1, which was agreed to.
Reps. MATTOS and J. HARRIS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6460.HC), which was adopted.
Amend the Report of the Medical, Military, Public and Municipal Affairs Committee, page 3789-4, by inserting beginning on line 44 /Provided, however, that a physical therapist shall not implement a plan of treatment on a patient being treated in a hospital without a written or oral prescription or order by a licensed doctor of medicine or dentistry./
Renumber sections to conform.
Amend title to conform.
Rep. MATTOS explained the amendment.
The amendment was then adopted.
Rep. CHAMBLEE explained the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Brown, G. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Felder Foster Gonzales Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hendricks Hodges Holt Houck Hyatt Jaskwhich Jennings Kinon Kirsh Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McElveen Rogers Ross Rudnick Scott Sheheen Shirley Shissias Smith Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop White Wilkes Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Corbett Harrison Manly Rama Williams, J.
So, the Bill, as amended, was read the second time and ordered to third reading.
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. SMITH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12335.DW), 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 38-77-282. A refusal to write or renew physical damage coverage based in whole or in part on race, sex, religion, national origin, economic status, residence, or lawful occupation is unlawful. An insurer or agent who refuses to write or renew or cancels physical damage coverage shall provide the reasons for the action in writing.
Section 38-77-284. (A) Not later than ninety days after the effective date of this section, insurers of automobile insurance shall file with the commissioner revised rates for private passenger automobile physical damage insurance coverages written by them. Each insurer shall file a:
(1) 'preferred' rate by driver classification and territory which is a rate less than the 'standard' rate;
(2) 'standard' rate which must be the approved base rate as defined in Section 38-73-457 by driver classification and territory in effect July 1, 1992;
(3) 'substandard' rate by driver classification and territory which is a rate more than the 'standard' rate.
(B) The commissioner shall approve the rates filed pursuant to subsection (A) if they meet the requirements, and these rates become effective for all policies of automobile insurance issued or renewed with effective dates after September 30, 1992.
(C) Insurers of automobile insurance may place an automobile risk at any of the three rate levels for physical damage coverages without restriction. However, the Uniform Merit Rating Plan continues to apply to all risks written by them.
(D) An insurer or agent shall provide written notice to the insured of the tier at which physical damage coverage is being written for the insured and the reasons the insured was written in that particular tier."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SMITH explained the amendment.
The amendment was then adopted.
Rep. WHIPPER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\12143.DW), which was tabled.
Amend the bill, as and if amended, Section 38-77-280 of the 1976 Code, as contained in SECTION 1, by striking on page 3, lines 39 through 44 commencing with /Notwithstanding/ through /fire,/ and on page 4, lines 1 through 5, commencing with /theft,/ through /facility./ and inserting:
/Notwithstanding the provisions of Sections 38-77-110 and 38-77-920, after September 30, 1992, automobile insurers and their agents may refuse to write or renew private passenger automobile physical damage insurance coverages, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage for an applicant or existing policyholder. However, in order to establish availability of such physical damage coverages, which are an economic necessity for many South Carolina drivers, the Facility shall, after September 30, 1992, accept cessions of physical damage business for those applicants and existing policyholders who may be denied physical damage coverages by agents or insurers, or both, provided:
(1) The Facility Board of Governors shall establish an entirely new accounting classification for nonmandated physical damage insurance with losses, premiums, and expenses reported to the insurance commissioner on a quarterly basis; and
(2) The Facility Board of Governors shall file with the insurance commissioner before August 1, 1992, physical damage rates which are actuarially sound, based on the most readily available Facility physical damage statistics and liability insurance losses of the Facility. These actuarially sound rates, by territory, driver classification, and other uniform rating criteria established by the Facility Board and approved by the Commissioner, shall include no "recoupment fees", but must be a sufficiently high level to be self-supporting and shall not cause the Facility any overall loss from physical damage insurance;
(3) The Facility Board of Governors shall, in order to maintain a self-sustaining rate for these physical damage coverages, file with the commissioner for approval new rates and rating plans, if felt necessary by the board, every six months starting March 1, 1993, any section of the statute regarding property and casualty rate filings to the contrary notwithstanding;
(4) These Facility physical damage coverages must be available to all licensed property and casualty insurance agents, agencies, and their insurers authorized to write and writing mandated automobile liability insurance at or after the effective date of this section;
(5) All such authorized licensed property and casualty insurance agents desiring to utilize the Facility physical damage rates, coverages, and cessions for their clients shall apply to the Facility for designation to one of the currently available Facility servicing carriers. However, insurers wishing to offer this physical damage availability to their licensed private passenger automobile liability and physical damage insurance-producing agents must do so by notifying the Facility Board of Governors of this option along with the names and addresses of the authorized agents it wishes to represent it. These insurers, before use, shall file with the commissioner for approval the uniform rating and classification data that must be used in connection with, and only in connection with, Facility cessions after September 30, 1992;
(6) Application for company and agent assignments shall begin within thirty days after the effective date of this section in order that the availability program will be operational by September 30, 1992. Nothing contained in this section shall prevent any automobile liability and physical damage insurance-producing agent or agency from being authorized to write private passenger automobile physical damage insurance, both in the voluntary market not for cession to the Facility and at Facility rates for cession to the Facility for one or more than one authorized private passenger automobile insurer; and
(7) Since there is no mandate that agents and companies write physical damage insurance, agents and insurers are cautioned to utilize only legitimate, valid and generally accepted insurance underwriting reasons for denial of physical damage coverages. A refusal to write physical damage insurance coverage must not be based in whole or in part on race, sex, religion, national origin, or economic status. It is an unlawful act of discrimination for an insurer to make a distinction between applicants or policyholders, or both, except for distinctions provided for in the rating plans by the classification of risk and territories promulgated by the commissioner and which are not a violation of this section. A violation of this section is an unfair insurance practice per se and evidence of reckless or wilful conduct."
SECTION 2. The 1976 Code is amended by adding:
"Section 38-77-282. A refusal to write or renew physical damage coverage based in whole or in part on race, sex, religion, national origin, economic status, credit history, residence, or lawful occupation is unlawful. An insurer or agent who refuses to write or renew or cancels physical damage coverage shall provide the reasons for the action in writing.
Section 38-77-284. (A) Not later than ninety days after the effective date of this section, insurers of automobile insurance shall file with the commissioner revised rates for private passenger automobile physical damage insurance coverages written by them. Each insurer shall file a:
(1) 'preferred' rate by driver classification and territory which is a rate less than the 'standard' rate;
(2) 'standard' rate which must be the approved base rate as defined in Section 38-73-457 by driver classification and territory in effect July 1, 1992;
(3) 'substandard' rate by driver classification and territory which is a rate more than the 'standard' rate.
(B) The commissioner shall approve the rates filed pursuant to subsection (A) if they meet the requirements, and these rates become effective for all policies of automobile insurance issued or renewed with effective dates after September 30, 1992.
(C) Insurers of automobile insurance may place an automobile risk at any of the three rate levels for physical damage coverages by using objective standards. However, the Uniform Merit Rating Plan continues to apply to all risks written by them.
(D) An insurer or agent shall provide written notice to the insured of the tier at which physical damage coverage is being written for the insured and the reasons the insured was written in that particular tier.
(E) The insurance commission shall promulgate regulations to effectuate the provisions of this section."
SECTION 3. Except as otherwise provided, this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. J. BAILEY spoke against the amendment.
Rep. CARNELL moved to adjourn debate upon the Bill until Wednesday, April 15.
Rep. J. BAILEY moved to table the motion.
Rep. SCOTT 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, J. Baker Barber Brown, H. Burch, K. Cato Clyborne Cooper Corning Council Cromer Elliott, D. Fair Farr Fulmer Hallman Harrison Harvin Haskins Hendricks Hodges Holt Houck Hyatt Jaskwhich Johnson, J.C. Keegan Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. McCraw Meacham Phillips Rhoad Riser Rogers Ross Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Vaughn Waites Wilder Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beasley Beatty Bennett Boan Brown, G. Brown, J. Canty Carnell Chamblee Cobb-Hunter Delleney Elliott, L. Felder Foster Gonzales Harrelson Harwell Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McLeod Nettles Rudnick Scott Taylor Townsend Tucker Whipper White Wilkins Young, R.
So, the motion to adjourn debate was tabled.
Rep. J. BAILEY moved to table the amendment.
Rep. WHIPPER 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, J. Baker Bennett Boan Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cobb-Hunter Corbett Corning Council Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Hallman Harrison Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Jaskwhich Johnson, J.C. Keegan Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, L. McCraw McGinnis Meacham Nettles Phillips Rama Rhoad Riser Rogers Rudnick Sharpe Sheheen Shissias Smith Snow Stone Sturkie Vaughn Waites Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beasley Beatty Brown, J. Byrd Canty Carnell Delleney Foster Glover Gonzales Harrelson Harris, P. Inabinett Jennings Kempe Kennedy Lanford Martin, M. McAbee Scott Taylor Townsend Tucker Whipper White Young, R.
So, the amendment was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 385 General Subject Matter: Auto Insurance
Amendment #: 3. Subject Matter: Mandate to Write Repeal.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DANIEL T. COOPER
Reps. FELDER and HARVIN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\9927.JM).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-77-10 of the 1976 Code is amended to read:
"Section 38-77-10. In order to effect a complete reform of automobile insurance and insurance practices in South Carolina, the purposes of this chapter are: (1) To provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to automobile insurance from the automobile insurer of the applicant's choice on the basis of the same rates, policy forms, claims service, and other services provided by the insurer to all other applicants or insureds falling within the classification of risk and territory under the applicable risk and territorial classification plan promulgated by the Commissioner so long as all these applicants or insureds have satisfied the same objective standards as established in Sections 38-77-280 and 38-73-455; To provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to automobile insurance from an insurer on the basis of the same rates, policy forms, claims service, and other services provided by the insurer to all other applicants or insureds following within the classification of risk and territory under the applicable risk and territory classification plan promulgated by the Chief Insurance Commissioner without rejection, cancellation, or nonrenewal based on anything other than objective criteria.
(2) To provide a Reinsurance Facility an Underwriting Association for automobile insurers in which all automobile insurers must participate to the end that the operating expenses and net profit or loss of the Facility Association may be shared equitably by all the insurers transacting automobile insurance business in this State giving appropriate consideration to degrees of utilization of the Facility Association by the several insurers of automobile insurance and to provide prohibitions or penalties in respect to excessive utilization of the Facility Association.
(3) To provide prohibitions and penalties in respect to unfairly discriminatory or unfairly competitive practices having as their purpose or effect evasion of the statutory mandate of coverage provided in this chapter or imposing an undue or unfair burden upon other automobile insurers through excessive utilization of the Facility To provide prohibitions and penalties in respect to unfairly discriminatory or unfairly competitive practices.
(4) To provide medical, surgical, funeral, and disability insurance benefits without regard to fault to be offered under automobile insurance policies that provide bodily injury and property damage liability insurance, or other security, for motor vehicles registered in this State."
SECTION 2. Section 38-77-30(5) of the 1976 Code is amended to read:
"(5) "Facility" means the unincorporated, nonprofit, legal entity created by this chapter to reinsure policies of automobile insurance known as the South Carolina Reinsurance Facility. 'Underwriting Association' means the unincorporated, nonprofit, legal entity created by this chapter for shared risk pooling of policies of automobile insurance known as the South Carolina Automobile Underwriters Association."
SECTION 3.Section 38-77-30(9) of the 1976 Code is amended to read:
"(9) "Quota share reinsurance" means that form of reinsurance in which the reinsurer assumes a fixed percentage of the insured risk. 'Shared risk pooling' means that method used by member insurers of the Underwriting Association to transfer risks to a common pool of shared market consumers with the experience of the pool allocated among the members."
SECTION 4. Section 38-77-30 of the 1976 Code is amended by adding:
"(9.5) 'Weighted bureau rate' means the final rate or premium charge, including applicable safe driver discount, determined for drivers with no merit rating plan points by calculating the mean average of the loss components filed for private passenger automobile insurance by the seven largest writers of that type of insurance and averaging that resulting loss component with the pure loss component filed by the rating organization in South Carolina with the largest number of members or subscribers and adding to that final pure loss component the expense component filed by the board of governors of the Underwriting Association."
SECTION 5. Section 38-77-30(12) of the 1976 Code is amended to read:
"(12) 'Specialized insurer' means an insurer which specializes in certain types of business such as, but without limitation on the generality, commercial automobile business, and which may be relieved, with the approval of the commissioner, of the obligation to write types of business inconsistent with this specialty, such as private passenger automobile business. However, no insurer may be approved as a specialized insurer or continue to be so approved unless it accepts all insurable risks falling within the types of business to which it confines its writings without distinctions among applicants or policyholders as to policy forms, terms, rates or services other than as the distinctions are reflected in the approved rating plan for the classification of risks. No insurer may be approved as a specialized insurer because it specializes in or purports to specialize in select or preferred risks. A specialized insurer may not cede risks to the Reinsurance Facility and thus does not recoup losses of the Facility A specialized insurer may not transfer risks to the Underwriting Association and is exempt from participating as a member company. Specialized insurers may be excused from using the merit rating plan and the uniform classification and territorial plans upon approval by the commissioner."
SECTION 6. Section 38-77-30 of the 1976 Code is amended by adding:
"(15) 'Allocation fee' or 'allocation credit' means the net loss (or gain) of the Underwriting Association apportioned to member companies on a unit basis."
SECTION 7. The title of Article 3, Chapter 77, Title 38 of the 1976 Code is amended to read:
"MANDATE TO WRITE AND INSURANCE COVERAGE CERTAIN REQUIREMENTS TO INSURE AND INSURANCE COVERAGE".
SECTION 8. The title of Section 38-77-110 of the 1976 Code is amended to read:
"Insurers required to insure; exceptions Prohibition against discriminatory underwriting practices.".
SECTION 9. Section 38-77-110 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-77-110. (A) Automobile insurers other than insurers designated and approved as specialized insurers by the commissioner may not refuse to write or renew automobile insurance policies for individual private passenger automobiles or small commercial risks. These policies may not be canceled except for reasons which had they existed or been known when the policy was written would have rendered the risk not an insurable risk. Every automobile insurance risk constitutes an insurable risk unless the operator's permit of the named insured has been revoked or suspended and is at the time of application for insurance so revoked or suspended. However, no insurer is required to write or renew automobile insurance on any risk if there exists a valid and enforceable outstanding judgment secured by an insurer, an agent, or licensed premium service company on account of automobile insurance premiums which the applicant or insured or any principal operator who is a member of the named insured's household has failed or refused to pay unless the applicant or insured pays in advance the entire premium for the full term of the policy sought to be issued or renewed or the annual premium, whichever is the lesser. With the exception of insurers designated and approved as specialized insurers by the commissioner, no automobile insurer or agent may refuse to write, cancel, or nonrenew any policy, coverage, or endorsement of automobile insurance for individual private passenger automobile risks and small commercial risks as defined in Section 38-77-30 because of the age, sex, marital status, race, religion, national origin, employment, or place of residence of any applicant for insurance or any existing insured. A refusal to write an automobile insurance policy must be in writing stating the cause of the refusal if requested by the applicant. An insurer is not precluded from effecting cancellation of an automobile insurance policy, either upon its own initiative or at the instance of an agent or licensed premium service company, because of the failure of any named insured or principal operator to pay when due any automobile insurance premium or any installment payment. However, notice of cancellation for nonpayment of premium notifies the person to whom the notice is addressed that the notice is void and ineffective if payment of the full amount of the premium or premium indebtedness, whichever is the greater, is made to the insurer, agent, or licensed premium service company named in the notice by the otherwise effective date of cancellation. This notice of cancellation is not considered ineffective for being conditional, ambiguous, or indefinite.
(B) Notwithstanding subsection (A) of this section, no insurer is required to write private passenger automobile insurance with higher limits of coverage than:
(1) two hundred fifty thousand dollars, for bodily injury liability to one person in one accident,
(2) subject to the limit for one person, five hundred thousand dollars because of bodily injury to two or more persons in one accident,
(3) fifty thousand dollars because of injury to or destruction of property of others in any one accident,
(4) five hundred thousand dollars combined single limits for either or both bodily injury and property damage, if any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, has one or more of the conditions or factors prescribed in Section 38-73-455(A) existing and if an insurer, at its option, writes such a policy, the policy may not be ceded to the Reinsurance Facility.
(C) With regard to any coverage not required to be written by an insurer under the mandate to write, no insurer may refuse to write such policy, coverage, or endorsement of automobile insurance because of the race, color, creed, national origin, or ancestry of anyone who seeks to become insured."
SECTION 10. Section 38-77-112 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-77-112. Notwithstanding Sections 38-77-110, and 38-77-920, and 38-77-280, no automobile insurer is required to write coverage for automobile insurance as defined in Section 38-77-30 for any applicant or existing policyholder who does not at the time of application or renewal possess a valid South Carolina motor vehicle or special restricted driver's license. This section does not apply to an individual who is handicapped and who owns a vehicle in this State but who does not have a valid driver's license. If an automobile is principally garaged and operated in this State, the owner of the vehicle must be offered coverage thereon regardless of whether or not he possesses a valid South Carolina driver's license if he designates to the insurer who the principal operator of the vehicle will be and this person has a valid South Carolina driver's license or otherwise meets the requirements of this section. This requirement does not apply to personnel of the Armed Forces of the United States on active duty and officially stationed in this State who possess a valid motor vehicle driver's license issued by another state or territory of the United States or the District of Columbia. This requirement is waived ninety days for individuals who move into South Carolina with the intent of making South Carolina their place of residence if they possess a valid driver's license issued by another state or territory of the United States or the District of Columbia."
SECTION 11. Section 38-77-115 of the 1976 Code is amended to read:
"Section 38-77-115. The authorized agents for every insurer covered by the provisions of Section 38-77-110 shall post in a conspicuous location in their office or place of business a sign containing language to be required by regulation of the Chief Insurance Commissioner that stipulates that insurer and agent may not refuse to write or renew that type of insurance, that tactics designed to avoid writing or renewing that type of insurance are not permissible including unreasonable delays in meeting with applicants, and that violations of the above should be reported to the commission for appropriate action. The authorized agents for every insurer covered by the provisions of Section 38-77-110 shall post in a conspicuous location in their office or place of business a sign which is to be titled 'Prohibition Against Discriminatory Underwriting Practices' and to read as follows:
'NO INSURER OR AGENT MAY REFUSE TO WRITE, CANCEL, OR NONRENEW ANY POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE RISKS BECAUSE OF THE AGE, SEX, MARITAL STATUS, RACE, RELIGION, NATIONAL ORIGIN, EMPLOYMENT, OR PLACE OF RESIDENCE OF ANY APPLICANT FOR INSURANCE OR ANY EXISTING POLICYHOLDER. A REFUSAL TO WRITE AN AUTOMOBILE INSURANCE POLICY MUST BE IN WRITING STATING THE CAUSE OF THE REFUSAL IF REQUESTED BY THE APPLICANT.'"
SECTION 12. Section 38-77-140 of the 19776 Code is amended to read:
"Section 38-77-140. No automobile insurance policy may be issued or delivered in this State to the owner of a motor vehicle or may be issued or delivered by an insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows: fifteen ten thousand dollars because of bodily injury to one person in any one accident, and, subject to the limit for one person, thirty twenty thousand dollars because of bodily injury to two or more persons in any one accident, and five thousand dollars because of injury to or destruction of property of others in any one accident. Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
SECTION 13. Section 38-77-280 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.
Collision coverage must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.
(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. (C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the facility.
(B) No policy of insurance which provides automobile physical damage coverage only may be transferred to the Underwriting Association for shared risk pooling.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.
(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass."
SECTION 14. Section 38-77-285 of the 1976 Code, as last amended by Act 146 of 1991, is further amended to read:
"Section 38-77-285. All automobile insurance coverages written by an insurer for an insured's automobile must be written in the same policy except that all automobile insurance policies in effect on the effective date of this section may continue in force until the expiration date of the policy. This section applies only to insurance policies covering vehicles eligible to be ceded to the Reinsurance Facility. This section applies only to insurance policies covering private passenger vehicles."
SECTION 15. The title of Article 5, Chapter 77, Title 38 of the 1976 Code is amended to read:
"REINSURANCE FACILITY AND DESIGNATED PRODUCERS UNDERWRITING ASSOCIATION; SERVICING CARRIERS AND PRODUCERS".
SECTION 16. The 1976 Code is amended by adding:
"Section 38-77-511. There is created a nonprofit, unincorporated legal entity known as the South Carolina Automobile Underwriters Association which is subject to regulations and orders promulgated by the commissioner which are not inconsistent with the purposes of this chapter. The Underwriting Association shall accept at the option of the automobile insurer, and subject to the provisions of this chapter, the risk covered under any policy of automobile insurance. An insurer transferring a risk to the Underwriting Association shall transfer the risk as a unit and may not transfer certain coverages while retaining others.
At the effective date of this section, the Underwriting Association shall assume all assets, liabilities, accounts, and contracts of the former South Carolina Reinsurance Facility, and its prior rules and regulations are adopted and effective until any relevant changes are approved by the governing board of the Underwriting Association. Additionally, the governing board members of the former Reinsurance Facility at the effective date of this section immediately become the members of the governing board of the Underwriting Association to serve until the expiration of their prior appointment. Insurers who were members of the former Reinsurance Facility at the effective date of this section immediately become participating members of the Underwriting Association as required under Section 38-77-520 with any and all obligations to the former Reinsurance Facility to continue with the Underwriting Association.
Any assumed, outstanding operating deficit of the former South Carolina Reinsurance Facility at the effective date of this section must be recouped as provided by law and regulation prior to the effective date of this section, with the exception that the governing board of the Underwriting Association shall develop and implement a plan to level remaining recoupment charges and extend the recoupment period. Any assumed operating surplus will be retained by the Underwriting Association."
SECTION 17. Section 38-77-520 of the 1976 Code is amended to read:
"Section 38-77-520. No automobile insurer may be licensed to transact automobile insurance in this State unless it becomes a participating member of the Facility Underwriting Association with respect to automobile insurance and thereafter continues participation so long as it transacts automobile insurance in this State. Every member is bound by the plan of operation of the Facility Underwriting Association as approved or promulgated by the commissioner and by any rules the governing board of the Facility Underwriting Association lawfully prescribes.
If the authority of an insurer to transact automobile insurance in this State terminates for any reason its obligations as a member of the Facility Underwriting Association nevertheless continue until all obligations have been fulfilled and the commissioner has so found and certified to the governing board of the Facility Underwriting Association.
If an insurer merges into or consolidates with another insurer authorized to transact automobile insurance in this State, or another insurer authorized to transact automobile insurance in this State has reinsured the insurer's entire automobile insurance business in this State, both the insurer and its successor or the assuming reinsurer, as the case may be, are liable for the insurer's obligations in respect to the Facility Underwriting Association.
Any unsatisfied net liability to the Facility Underwriting Association of an insolvent insurer which is a member of the Facility Underwriting Association must be assumed by and apportioned among the remaining members in the same manner in which assessments or gain and loss are apportioned. The Facility Underwriting Association thereupon acquires and has all rights and remedies allowed by law in behalf of the
remaining members against the estate or funds of the insolvent insurer for sums due the Facility Underwriting Association."
SECTION 13. Section 38-77-530 of the 1976 Code is amended to read:
"Section 38-77-530. The plan of operation of the Facility is subject to the Commissioner's approval which may be granted only if the plan provides for equitable apportionment of the operating expenses and profits or losses among the members. The plan may, if the Commissioner considers it feasible and equitable, make provision for separate apportionments between private passenger automobile insurance business and commercial automobile insurance business, or, alternatively or in addition to that division, the plan may make provision for separate apportionments between automobile liability insurance business, including medical payments and uninsured motorist insurance, and automobile physical damage insurance business. Any such apportionments shall give consideration to a comparison between the writings or car-year exposures of each insurer of automobile insurance and the total writings or car-year exposures of all automobile insurers or, in the case of any separate apportionments approved by the Commissioner, a comparison between the writings or car-year exposures of each insurer within the applicable division of automobile insurance and the writings or car-year exposures of all insurers within that division.
In connection with his approval of the plan, the Commissioner may require that the plan make provision for such comparisons for a one-year period or for a longer period not to exceed five years and may provide for weighting the experience so as to attach a greater weight to the more recent experience.
In connection with the approval of the plan's provisions respecting equitable apportionment of the operating expenses or gains or losses of the Facility, the Commissioner may require that the plan make provision for a comparison between each insurer's percentage of the aggregate written premiums or car-year exposures respecting automobile insurance or any such division thereof and the insurer's percentage of total cessions to the Facility of such insurance or division thereof so as to provide that the insurer's portion of the operating expenses or gains or losses must be the average of the two percentages; or the Commissioner may approve or require any other similar or comparable provision for the apportionment of the expenses or gains or losses of the Facility which relates insurers' shares to their respective utilization of the Facility.
The plan of operation of the Underwriting Association is subject to the commissioner's approval which may be granted only if the plan provides for equitable apportionment of the operating expenses and profits or losses among the members. The plan may, if the commissioner considers it feasible and equitable, make provision for separate apportionments between private passenger automobile insurance business and commercial automobile insurance business. Any such plan of apportionment of operating expenses, gains, or losses shall give consideration between the writings and car-year exposures of each insurer of automobile insurance in South Carolina and the total writings and car-year exposures of all automobile insurance in South Carolina such that the net losses or gains can be charged or credited to each member insurer in the form of a level allocation fee or credit per insured vehicle which is to be included in the total premium charge developed per vehicle for all individual private passenger automobile risks and small commercial risks underwritten by the insurer in South Carolina. The calculation of the final, level allocation fee will be made by an upward adjustment to reflect the charges for premium taxes, agent's commissions paid by the insurer, and the time value of money. Any outstanding, unreimbursed losses on policies transferred to the Underwriting Association may be applied as a deduction to the allocation fees collected by each insurer with the remaining net amount to be paid to the Underwriting Association for distribution to other member companies with unreimbursed balances due.
In connection with his approval of the plan, the commissioner may require that the plan make provision for such comparisons for a one-year period or for a longer period not to exceed five years and may provide for weighting the experience so as to attach a greater weight to the more recent experience. The commissioner may approve or require a provision for the apportionment of the expenses or gains or losses of the Underwriting Association which relates to insurers respective utilization of the Underwriting Association so as to increase the apportionment to insurers who over-utilize the Underwriting Association."
SECTION 19. Section 38-77-540 of the 1976 Code is amended to read:
"Section 38-77-540. The ceding insurer shall transfer or credit to the Facility on any policy of automobile insurance reinsured by the Facility the pure loss component of its rate or premium charge together with the profit and contingency component of the rate or premium charge as determined under its rating plan or system as filed with the Department. The ceding insurer shall retain as and for its ceding commission the allocated loss adjustment expense component as well as the underwriting and administrative expense components of the rate or premium charge under ceding insurer's rating plan or system as filed with the Department. However, no ceding insurer may include in the agents' commissions component of its underwriting expenses any amount greater than it has actually paid its agent as commission on the reinsured risk.
The Underwriting Association shall accept the transfer of risk on any policy of automobile insurance at the option of an 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, however, to Section 38-77-950 regarding reasonable utilization of the Underwriting Association by member companies. The rate plans for the Underwriting Association are subject to the commissioner's approval which may be granted only if the plan is consistent with and provides for the following:
(a) The rate or premium charge for drivers of private passenger automobiles subject to the merit rating plan who have no merit rating plan points shall be the weighted bureau rate as defined in this chapter, with the exception that the safe driver discount must be removed from the rate or premium calculation for any driver who has held a valid driver's license less than three years or for any applicant for automobile insurance who cannot show valid proof of twelve months prior, continuous automobile liability insurance coverage on vehicles owned by the applicant at the date of application.
(b) The rate or premium charge for drivers of private passenger automobiles subject to the merit rating plan who have one merit rating plan point shall be the weighted bureau rate prior to the application of the safe driver discount.
(c) The rate or premium charge for drivers of private passenger automobiles subject to the merit rating plan who have two or more merit rating plan points shall be determined by the actual experience of the Underwriting Association with such drivers. The underwriting results of this group must be accounted separate and distinct from other groups within the pool of shared market risks managed by the Underwriting Association and must be utilized to formulate and maintain the self-sustaining rate plan for this group.
(d) The rate or premium charge for commercial risks shall be the applicable Insurance Service Office (ISO) rates approved by the department. Where ISO has filed only the pure loss costs component, the governing board shall file an expense component for use in developing a final rate.
The Underwriting Association shall make applicable rate filings annually with the exception of the self-sustaining rate plan for multiple point drivers which rate revisions may be filed every six months at the option of the governing board. An insurer may elect to utilize the rate plans of the Underwriting Association for an applicant or for an existing policyholder, on renewal, in lieu of the insurer's own individually filed and approved rates and not transfer the risk under that policy of automobile insurance to the Underwriting Association.
An insurer shall transfer or credit to the Underwriting Association on any policy of automobile insurance transferred to the Underwriting Association for shared risk pooling the pure loss component of the rate or premium charge as determined under the Underwriting Association's rating plan as filed with the department. The insurer, unless contracted pursuant to Section 38-77-590, shall retain as and for its commission the lesser of either the allocated loss adjustment expense and expense component of the rate or premium charge under the Underwriting Association's rating plan as filed with the department or an amount equal to the insurer's own filed allocated loss adjustment expense component and expense component with any remainder transferred or credited to the Underwriting Association. Insurers contracted pursuant to Section 38-77-590 shall retain as and for its commission the allocated loss adjustment expense component and expense component of the rate or premium charge under the Underwriting Association's rating plan as filed with the department."
SECTION 20. Section 38-77-550 of the 1976 Code is amended to read:
"Section 38-77-550. Reinsurance of a policy of automobile insurance with the Facility does not create a privity of contract or any other direct relationship between the policyholder of the reinsured policy and the Facility. The contractual or other legal rights of the insured and insurer are not affected by the reinsurance. The transfer of risk under a policy of automobile insurance to the Underwriting Association for shared risk pooling does not create a privity of contract or any other direct relationship between the policyholder and the Underwriting Association. The contractual or other legal rights of the insured and insurer are not affected by the transfer."
SECTION 21. Section 38-77-560 of the 1976 Code is amended to read:
"Section 38-77-560. An insurer ceding reinsurance to the Facility on automobile insurance policies shall receive credit by way of deduction from its unearned premium liability as calculated in accordance with Section 38-9-170. However, reinsurance with the Facility may not be deducted for purposes of the limitations-of-risk provisions of Section 38-55-30. 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."
SECTION 22. Section 38-77-570 of the 1976 Code is amended to read:
"Section 38-77-570. The funds and reserves of the Facility must be invested in lawful investments permitted to property and casualty insurers under the laws and regulations governing investments of property and casualty insurers. In determining the net profit or loss resulting from the operations of the Facility, all investment income and profits must be taken into consideration. No distribution of the funds, assets, property, or profits of the Facility may be made except pursuant to the Commissioner's written order. The funds and reserves of the Underwriting Association must be invested in lawful investments permitted to property and casualty insurers under the laws and regulations governing investments of property and casualty insurers. In determining the net profit or loss resulting from the operations of the Underwriting Association all investment income and profits must be taken into consideration. No distribution of the funds, assets, property, or profits of the Underwriting Association may be made except pursuant to the commissioner's written order unless otherwise permitted under this chapter."
SECTION 23. Section 38-77-580 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 38-77-580. The operations and affairs of the facility Underwriting Association are under the direction and control of a governing board of nineteen persons of whom four must be residents of South Carolina appointed by the Governor of South Carolina to represent consumers. The commissioner shall appoint eight persons to represent the insurance industry; in appointing these persons, the commissioner shall select two from a list of not less than five nominated by the American Insurance Association from the officers or employees of insurers licensed in South Carolina and which are members or subscribers of that organization; he shall select two from a list of not less than five persons nominated by the American Mutual Insurance Alliance from the officers or employees of insurers licensed in South Carolina and which are members or subscribers of that organization; he shall select two from a list of not less than five persons nominated by the National Association of Independent Insurers from the officers or employees of insurers licensed in South Carolina and which are members or subscribers of that organization; he shall select two persons, one of whom must be an officer or employee of a stock insurer licensed in South Carolina and not a member or subscriber of any of these organizations, and one of whom must be an officer or employee of a nonstock insurer licensed in South Carolina and not a member or subscriber of any of these organizations; however, of the eight persons appointed to represent the insurance industry, not less than five must be residents of South Carolina and those who are not residents of South Carolina must have job responsibilities that include the supervision over South Carolina operations; not less than two must be officers or employees of insurers licensed to transact automobile insurance in South Carolina and domiciled therein. The commissioner shall appoint four persons to represent producers, all of whom must be residents of South Carolina; he shall select two such persons from a list of not less than five nominated by the stock agents' association and two from a list of not less than five persons nominated by the mutual agents' association. The commissioner shall appoint two persons to represent the designated servicing agents, one of whom must be an officer of a premium service finance company and the other of whom must be a designated servicing agent and both of whom must be residents of South Carolina. In addition the Consumer Advocate is an ex-officio member of the governing board of the Reinsurance Facility Underwriting Association. No person who is associated with any business within the meaning of Section 8-13-20, which is either subject to regulation by the Department of Insurance or which provides goods or services to the facility Association for compensation, is eligible for appointment to the board to represent consumers, except that any person serving on the board representing consumers on the effective date of this provision who would otherwise be disqualified from serving based on this provision may continue to serve for the remainder of his current term.
The commissioner is chairman of the board, ex officio, but has no vote except in the case of a tie. The commissioner, or his designated representative, shall preside over all meetings which must be held not less than quarterly in South Carolina at the times and places the commissioner designates. However, upon the filing with the commissioner of a request for a meeting signed by not fewer than five members of the board and specifying the subjects to be discussed at the proposed meeting, the commissioner shall call a special meeting of the board to be held not less than fifteen nor more than thirty days after receipt of the request. Notice, in writing, of the special meeting must be provided members of the board. Members of the board shall serve one year or until their successors are appointed and have qualified.
Amendment of the plan of operation may be made only at the annual meeting of the board or at a special meeting called by the commissioner for that purpose and so specified in the notice of meeting. Amendments of the plan require the affirmative vote of two-thirds of all the board members and are subject to the commissioner's approval. The commissioner may approve amendments only if they are consistent with the purposes of this chapter. If the consumer-representative members of the board unanimously dissent from a proposed amendment and specify their reasons for dissent in writing, the commissioner may not approve the amendment until after a public hearing addressed to the reasons for the dissent.
The commissioner may make provision for voting by proxy at meetings. The commissioner may propose to the board any amendment to or modification of the plan that the commissioner considers to be necessary to render the plan reasonable or consistent with the purposes of this chapter, specifying in writing the reasons for any proposed amendment or modification. In the event that the board fails to adopt his proposed amendment or modification, the commissioner may, after notice and public hearing addressed to the reasons for the proposed amendment or modification, promulgate the amendment or modification considered necessary to render the plan reasonable or consistent with the purposes of this chapter."
SECTION 24. Section 38-77-585 of the 1976 Code, as added by Act 557 of 1990, is amended to read:
"Section 38-77-585. Any insurer designated contracted pursuant to Section 38-77-590(a) is entitled to appoint an officer or employee to the governing board of the Reinsurance Facility Underwriting Association if not otherwise represented on the governing board pursuant to Section 38-77-580. Any member of the governing board representing an insurer so designated contracted must abstain from casting a vote on any matter which would have a material effect on the operations of that insurer as it relates to the affairs of the insurer acting as a designated contracted insurer for the Reinsurance Facility Underwriting Association."
SECTION 25. Section 38-77-590 of the 1976 Code, as last amended by Act 524 of 1990, is further amended to read:
"Section 38-77-590. (a) Not more than six months after July 9, 1974, or at an earlier time as the Commissioner considers necessary by reason of complaints regarding want of access to automobile insurance in particular areas or want of outlets for producers, the Commissioner shall survey the various areas of the State to ascertain if sufficient marketing outlets exist in all areas or are available to all producers. Upon a finding by the Commissioner that insufficient marketing outlets exist in particular areas or that certain producers have been deprived of a market for risks previously serviced by them, the Commissioner may, after consultation with the Facility, designate one or more insurers to service the areas through agents appointed by them or may designate the producers as the agents of any insurer. The arrangements shall include provision for one hundred percent quota share reinsurance through the Facility of any automobile insurance policy marketed through the arrangements, at the option of the insurer, and the reinsurance is not subject to the statutory provisions or regulations regarding excessive utilization of the Facility.
The governing board of the Underwriting Association shall contract with domestic insurers meeting eligibility requirements promulgated by the governing board to act as servicing carriers for the writing of automobile insurance through producers assigned to the servicing carrier by the governing board. The servicing carriers shall not be subject to the statutory provisions or regulations regarding excessive utilization of the Underwriting Association for shared risk pooling. The servicing carrier shall transfer the risk on every policy of automobile insurance produced by its assigned servicing agents to the Underwriting Association. Servicing carriers and their assigned servicing agents may not nonrenew or refuse to write any policy of automobile insurance for individual private passenger automobile and small commercial risks as defined in this chapter.
(b) After the effective date of this section, those producers previously designated by the Commissioner may continue to serve in that capacity under the jurisdiction and control of the governing board of the Facility, except that any change in the rate of commissions allowed designated producers is subject to the Commissioner's approval. The governing board of the Underwriting Association shall assume and renew the contracts of servicing carriers previously contracted with the former South Carolina Reinsurance Facility prior to the creation of the South Carolina Automobile Underwriters Association. Producers previously designated to a servicing carrier by the commissioner or the governing board of the former reinsurance facility must remain assigned to that servicing carrier until and unless the producer's written request to change the assignment is approved by the governing board of the Underwriting Association.
(c) A producer may be designated by the governing board of the Facility upon application for designation and is eligible for designation upon a finding by the governing board that the applicant meets the following qualifications: A producer may apply to the governing board for assignment to a servicing carrier and is eligible for assignment upon a finding by the governing board that the applicant meets the following qualifications:
(1) The applicant has been, for ten five continuous years, a licensed resident property and casualty insurance agent and agency owner or principal with authority from one or more licensed insurers to write liability and physical damage insurance on private passenger automobiles;
(2) At the time of application the applicant is servicing and owns the renewals on private passenger and commercial automobile insurance business, the net premiums on which exceeded seventy-five thousand dollars of potential cedeable automobile insurance during any one of the previous five calendar years preceding the application; At the time of application the applicant is servicing and owns the renewals on private passenger and commercial automobile insurance business, the net premiums on which exceeded one hundred thousand dollars during any one of the previous five calendar years preceding the application; and
(3) Neither the applicant, nor any employee of the applicant or the applicant's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, has any direct or indirect connection with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State except for motorcycle insurance and types not cedeable to the facility;
(4) The applicant has not contributed to his termination as agent by any insurer because of any illegal breach of agency agreement or other related, improper, or unethical conduct; and
(5) The books, records, and accounts of the insurance business of the applicant have been audited at the expense of the applicant and found by the governing board to be indicative of a financially sound operation.
(d) Prior to designation the assignment as a producer, the applicant shall furnish at his expense a bond in an amount of not less than fifty thousand dollars for the faithful performance of the duties as a producer, executed by the applicant as principal and a corporate surety licensed to do business in this State as surety, and shall also have effective errors and omissions insurance by an insurer licensed to do business in this State, with the bond and errors and omissions insurance being subject to approval by the governing board.
(e) The governing board shall assign a specific location to each producer designated. The governing board shall determine from the commissioner the locations assigned by him to those producers whom the commissioner has designated. Designated producers may not open or maintain any other locations without the written authorization of the governing board; provided, however, that an applicant maintaining multiple offices on June 4, 1987, is entitled to maintain two locations as a designated agent which he owned and operated at that time and through which premiums in at least the amount of seventy-five thousand dollars were written. The governing board shall terminate the designation, and the commissioner shall revoke all agents' licenses of any producer who does not comply with this requirement upon demand by the governing board. Upon termination, the producer's expirations on designated business become the property of the facility. Producers assigned to a servicing carrier may not open or maintain more than two locations without the written authorization of the governing board. The governing board shall terminate the assignment of any servicing agent who does not comply with this requirement upon demand by the governing board.
(f) The designation of a producer by the Commissioner or the governing board is transferable to a spouse, child, parent, brother, or sister of the producer upon the designated producer's retirement, incapacity, or death. The duties of a designated producer may be performed by one or more qualified employees of the producer or the producer's corporate agency. The assignment of a producer to a servicing carrier by the governing board is transferable to a spouse, child, parent, brother, or sister of the producer upon the producer's retirement, incapacity, or death. The duties of the producer may be performed by one or more qualified employees of the producer or the producer's corporate agency.
(g) Neither a designated producer, nor any employee of a designated producer or the producer's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, may have any direct or indirect connection with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State except for motorcycle insurance and types not cedeable to the Facility. The governing board shall terminate the designation of any producer, and the Commissioner shall revoke all licenses of the producer and of any other insurance agent and premium service company knowingly involved in this connection. Upon termination, the producer's expirations on designated business become the property of the Facility.
(h) (g) A designated servicing carrier who fails a claims audit shall have no new designated producer servicing agent assignments until the time it passes a reaudit within a reasonable time prescribed by the governing board. If this carrier fails two claims audits, including a reaudit, within any three-year period that carrier is disqualified for renewal of its contract with the facility association upon expiration of its existing contract."
SECTION 26. Section 38-77-630 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-77-630. (A) A policy, other than a renewal policy, may be ceded to the South Carolina Reinsurance Facility 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. 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.
(B) To facilitate compliance with this requirement, a carrier shall require an applicant other than a renewal applicant, to obtain the MVR or a renewal notice from the insurance carrier who provided the insurance coverage then in effect and present it to the agent upon making an application. In those cases, the applicant must be credited for the amount paid for the MVR.
(C) In the case of an applicant who holds a valid driver's license from another state but is not yet licensed in this State, a copy of this out-of-state driver's license may be submitted with the application in lieu of the MVR or renewal notice above required in this section. The MVR, renewal notice, or copy of the applicant's driver's license, as applicable, must be kept with the application by the carrier in the manner the facility Underwriting Association requires.
SECTION 27. Section 38-77-910 of the 1976 Code is amend by adding:
"Any violation of this 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 commissioner."
SECTION 28. Section 38-77-920 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-77-920. Except as provided for in Section 38-77-110 and as is specifically provided for otherwise by law, no automobile insurer may refuse acceptance of automobile insurance for an insurable risk from any applicant nor require that certain classes or types of risks be placed through some particular agent or employee. This section is not intended to preclude any insurer from recognizing and giving effect to the property rights of agents in expirations or renewals.
No agent who represents more than one insurer of automobile insurance may refuse to accept in behalf of an insurer represented by him automobile insurance for an insurable risk where the applicant for insurance designates by name or description the insurer of his choice. If the applicant relies upon the skill and judgment of the agent to place the risk in any insurer represented by the agent, the agent may place the risk in the insurer which he considers appropriate. 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 under such circumstances in another insurer. Every such agreement is utterly void and every act of collusion or conspiracy constitutes an act of unfair competition by both the insurer and agent which, if proved, must result in the suspension or revocation of the license of each for not less than one year, in addition to any other penalties or liabilities applicable.
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. Every such agreement is utterly void and every act of collusion or conspiracy constitutes an act of unfair competition by both the insurer and agent which, if proved, shall result in the suspension or revocation of the license of each for not less than one year, in addition to any other penalties or liabilities applicable.
No automobile insurer authorized to transact automobile insurance in this State which offers automobile insurance through the mails or uses the mails in transacting automobile insurance on insurable risks situate in this State may restrict its mailings or offerings to certain counties, areas, or zip-code territories of this State. The commissioner is directed to examine an insurer's records at any time the commissioner considers it necessary to determine that the insurer is not so restricting or limiting its offerings."
SECTION 29. Section 38-77-940 of the 1976 Code is amended to read:
"Section 38-77-940. No insurer of automobile insurance shall directly or indirectly by offer or promise of reward or imposition or threat of penalty or through any artifice or device whatsoever, confer any benefit upon any agent or impose any detriment upon any such agent for the purpose of avoiding any class or type of automobile insurance risk which the insurer considers it necessary to reinsure in the Facility transfer to the Underwriting Association; nor shall any offer or promise of reward or imposition or threat of penalty in connection with any other line or type of insurance be so tied to automobile insurance as to have a tendency to induce the agent to avoid any such class or type of automobile insurance risk; nor shall any insurer of automobile insurance provide to agents, directly or indirectly, orally or in writing, any listing of classes or types of automobile insurance risks which it considers necessary to reinsure in the Facility; nor shall any insurer of automobile insurance terminate its insurance business with any one agent over the writing of certain classes or types of automobile insurance risks without also pulling out of the entire State or terminating its similar insurance business with all other agents in the State at the same time for a period of time of at least 365 days, except that if the insurer reinstates the agent within thirty days of the determination that the termination was unlawful, then this provision shall not apply; nor shall any insurer of automobile insurance do anything unfair, or unfairly fail to do anything, which has the effect of, or which results in, causing any ceded transferable insurance business to have a detrimental effect on any incentive bonuses paid by the insurer to agents. Any act in violation of this section constitutes an act of unlawful discrimination and unfair competition which, if wilful, shall result in the suspension or revocation of the insurer's certificate of authority for not less than twelve months. Any agreement made in violation of this section shall be void.
Nothing in this section may be considered to preclude or impair agreements between insurers and their agents or some of their agents to pay contingency commissions or a profit-sharing bonus based upon the quality of business; nor shall the insurers, in any manner, use that business placed in the Facility Underwriting Association when determining the quality bonus; nor may it be considered to preclude an agreement between any agent and an insurer of automobile insurance to exclude from any profit-sharing or contingency arrangement automobile insurance business coming unsolicited to the agent and written by him solely because of the mandate of coverage provided in this chapter prohibition against discriminatory underwriting practices described in Section 38-77-110.
No insurer of automobile insurance shall cancel its representation by an agent primarily because of the volume of automobile insurance placed with it by the agent on account of the statutory mandate of coverage prohibition against discriminatory underwriting practices nor because of the amount of the agent's automobile insurance business which the insurer has considered it necessary to reinsure in the Facility transfer to the Underwriting Association."
SECTION 30. Section 38-77-950 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-77-950. It is the intent of this chapter that the facility Underwriting Association must not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated by the department, nor for the purpose of discriminating against the risks or risks in certain rating territories. The commissioner shall prohibit unreasonable or excessive utilization of the facility Underwriting Association.
A prima facie case of excessive or unreasonable utilization is established upon a showing that an automobile insurance insurer or a group of insurers under the same management has ceded or is about to cede more than thirty-five percent of total direct cedeable written premiums on South Carolina automobile insurance as reported in the most recently filed annual statement of the insurer or group.
A prima facie case of excessive or unreasonable utilization shall be established upon a showing that an automobile insurance insurer or group of such insurers under the same management has transferred or is about to transfer to the Underwriting Association for shared risk pooling policies whose combined premiums are more than twenty percent of total direct written premiums on South Carolina automobile insurance as reported in the most recently filed annual statements of such insurer or group.
Upon the written request of the policyholder, insurance companies doing business in this State shall give written notice to the policyholder informing him whether or not he and a driver under the policy is in the facility. Insurers shall give written notice to the policyholder of a risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e)."
SECTION 31. Section 38-77-960 of the 1976 Code is amended to read:
"Section 38-77-960. When dealing with the agents of the company, who are licensed to sell automobile insurance, the company may not use any of the business placed in the facility in determining the profitability of that agent's business. Further, the company shall not ask any agent that agent's business. Further, the company shall not ask any agent not to write any kind of automobile business or hold the Facility business against any agent in any manner which could be construed as being detrimental to the agent.
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. Further, the company shall not hold the business transferred to the Underwriting Association against any agent in any manner which could be construed as being detrimental to the agent."
SECTION 32. Section 38-73-10(a)(3) of the 1976 Code is amended to read:
"(3) provide that investment income accruing to automobile insurers is taken into consideration in the approval of rates or premium charges and in the determination of any net loss incurred by the South Carolina Reinsurance Facility South Carolina Automobile Underwriters Association and to make provision for the securing by the department of all necessary or appropriate financial data for purposes of ascertaining and determining the investment income and the profits from realized and unrealized capital gains of each automobile insurer doing business in this State."
SECTION 33. Section 38-73-455 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-73-455. An automobile insurer shall offer two different rates for automobile insurance, a base rate as defined in Section 38-73-457 and an objective standards rate which is twenty-five percent above the base rate. Both of these rates are subject to all surcharges or discounts, if any, applicable under any approved merit rating plan, credit or discount plan promulgated or approved by the Commissioner.
Applicants, or a current policyholder, seeking automobile insurance with an insurer must be written at the base rate, unless one of the conditions or factors in subitems (1) through (8) of item (A) is present.
(A) The named insured or any operator who is not excluded in accordance with Section 37-77-340 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:
(1) has obtained a policy of automobile insurance or continuation thereof through material misrepresentation within the preceding thirty-six months; or
(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or
(3) has had two or more "chargeable" accidents within the thirty-six months immediately preceding the effective date of coverage. A "chargeable" accident is defined as one resulting in bodily injury to any person in excess of three hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.
(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.
(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.
(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.
(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a "hit and run" driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.
(f) Accidents involving damage by contact with animals or fowl.
(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.
(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or
(4) has had one "chargeable" accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or
(5) has been convicted of or forfeited bail during the thirty-six months immediately preceding the effective date of coverage for operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or
(6) has been convicted or forfeited bail during the thirty-six months immediately preceding the effective date for:
(a) any felony involving the use of a motor vehicle,
(b) criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle,
(c) leaving the scene of an accident without stopping to report,
(d) theft or unlawful taking of a motor vehicle,
(e) operating during a period of revocation or suspension of registration or license,
(f) knowingly permitting an unlicensed person to drive,
(g) reckless driving,
(h) the making of material false statements in the application for licenses or registration, (i) impersonating an applicant for license or registration or procuring a license or registration through impersonation, whether for himself or another,
(j) filing of a false or fraudulent claim or knowingly aiding or abetting another in the presentation of such a claim,
(k) failure to stop a motor vehicle when signaled by means of a siren or flashing light by a law enforcement vehicle; or
(7) has for thirty or more consecutive days during the twelve months immediately preceding the effective date of coverage, owned or operated the automobile to be insured (or if newly acquired, the automobile it replaces) without liability coverage in violation of the laws of this State; or
(8) has used the insured automobile as follows or if the insured automobile is:
(a) used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool must not be considered use of an automobile for hire or compensation,
(b) used in the business of transportation of flammables or explosives,
(c) used in illegal operation, or
(d) no longer principally used and garaged within the State, but not to include students who are operating a motor vehicle registered in this State while attending an institution located in another state.
(B) In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, the motor vehicle customarily operated by that individual must be written at the objective standards rate.
(C) Member companies of an affiliated group of automobile insurers may not utilize different filed rates for automobile insurance coverages which they are mandated by law to write. For the purpose of this section, an affiliated group of automobile insurers includes a group of automobile insurers under common ownership, management, or control. Those automobile insurers designated pursuant to Section 38-77-590(a), for automobile insurance risks written by them through producers designated by the facility governing board pursuant to that section, shall utilize the rates or premium charges by coverage filed and authorized for use by the rating organization licensed by the commissioner pursuant to Article 11, Chapter 73 of this title, which has the largest number of members or subscribers for automobile insurance rates. However, those automobile insurers designated pursuant to Section 38-77-590(a) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their authorized agents not appointed pursuant to Section 38-77-590.
(D) An automobile insurance policy may be endorsed at any time during the policy period to reflect the correct rate or premium applicable by reason of the factors or conditions described in subsection (A) which existed prior to the commencement of the policy period in which the endorsement is made, regardless of whether the factors or conditions were known or disclosed to the insurer at the commencement of the policy period. However, no policy may be endorsed during a policy period to reflect factors or conditions occurring during that policy period. A policy may be endorsed during a policy period to recognize the addition or deletion of an operator or vehicle.
(E) For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record.
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 commissioner. Additionally, an automobile insurer may utilize and offer at its option on policies not transferred to the South Carolina Automobile Underwriters Association for shared risk pooling the final rate or premium charges approved by the commissioner for rating plans of the Underwriting Association.
An individual insurer or member companies of an affiliated group of automobile insurers may not utilize different filed rates for automobile insurance with the exception that an insurer or different member company of an affiliated group of insurers may utilize the Underwriting Association rate or premium charges pursuant to this section. For the purpose of this section, an affiliated group of automobile insurers includes any group of automobile insurers under common ownership, management, or control. Those automobile insurers contracted pursuant to Section 38-77-590(A), for automobile insurance risks written by them through producers assigned by the governing board of the Underwriting Association pursuant to that same section, shall utilize the rates or premium charges by coverage filed and authorized for use by the Underwriting Association pursuant to Section 38-73-1420. However, those automobile insurers contracted pursuant to Section 38-77-590(A) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their duly authorized agents not assigned pursuant to Section 38-77-590 on policies not transferred to the Underwriting Association for shared risk pooling.
No policy may be endorsed during a policy period to reflect factors or conditions occurring during that policy period. A policy may be endorsed during a policy period to recognize the addition or deletion of an operator or vehicle.
For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record."
SECTION 34. Section 38-73-457 of the 1976 Code is amended to read:
"Section 38-73-457. Notwithstanding Sections 38-73-920 and 38-73-1210, every automobile insurer and rating organization shall, prior to October 1, 1987, file with the Commissioner a base rate, which is defined as a rate by coverage calculated solely upon the experience generated by the risk for each class and territory retained by the insurer in its voluntary book of business and which must not include experience generated by risks ceded or assumed from the Reinsurance Facility established under Section 38-73-1030. An objective standards rate by coverage must also be filed which is twenty-five percent above the base rate previously described for each class and territory. The base rate must be calculated by removing from the rate or premium charge, then in effect for the automobile insurer, that portion of the rate or premium charge attributable to the net gain or loss of the insurer as a result of participation in the operating results of the Facility as required by Section 38-77-760. In determining the base rate and objective standards rate, by coverage, the Commissioner, in order that no extra premium revenue is generated by this section, shall require that the insurer's average rate, by coverage, on October 1, 1987, (computed as a weighted average of the base rate and objective standards rate, by coverage, as determined by the Commissioner), not exceed the insurer's average rate, by coverage, prior to October 1, 1987, as determined by the Commissioner. The provisions of the Administrative Procedures Act apply to any court appeal of a base rate or objective standards rate brought thereunder. The base rate or objective standards rate approved by the Commissioner may be put into effect under bond in a similar manner that a public utility may put a proposed rate increase into effect under bond as provided by law. No insurer may file a base rate for any class or territory which is higher than the rate or premium charge, exclusive of that portion required by Section 38-73-460, approved by the Commissioner for use on October 1, 1987. As a result of this section, no insured may receive an increase in rates for other than an increase in coverage or due to the provisions of Section 38-77-280, 38-77-610, or 38-73-455, unless the insurer files additional rates in accordance with this title.
The base rate and objective standards rate filed by each insurer of automobile insurance are effective if they meet the requirements of this section, on or after July 1, 1988, for all eligible applicants and upon the renewal date, on or after July 1, 1988, for all eligible existing policyholders. If the base rate and objective standards rate filed by an automobile insurer do not meet the requirements of this section, the Commissioner shall suspend the authority of that insurer to write automobile insurance until the deficiencies are corrected.
After July 1, 1988, no rate or premium charge, exclusive of the Facility recoupment charge approved or established pursuant to Section 38-77-610 may be approved for an insurer of automobile insurance unless that rate or premium charge is calculated in accordance with this section and meets the other applicable requirements of this title pertaining to the approval of rates or premium charges.
Notwithstanding Sections 38-73-920 and 38-73-1210, every automobile insurer and rating organization shall file with the 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.
The Consumer Advocate, upon request to the commissioner, must be provided by him with a copy of any base rate filed with the commissioner along with any supporting materials, documents, or studies utilized to support the filed base rate. In addition, every automobile insurer and rating organization shall promptly respond to requests for information and data requested by the Consumer Advocate relating to the filed base rate. The Consumer Advocate must be afforded an opportunity for a hearing before the commissioner on any filed base rate before it takes effect that he believes does not meet the requirements of this section. Final decisions of the commissioner regarding this hearing are subject to the provisions of the State Administrative Procedures Act.
Effective October 1, 1992, the commissioner shall disallow the further use of the objective standards rate previously filed in accordance with this section; however, upon the effective date of this section nothing herein should be construed to require a rating organization, its members or subscribers, or an individual insurer to immediately refile final rates or premium charges previously approved by the commissioner and referred to as the base rate for automobile insurance coverages. Members or subscribers of a rating organization or individual insurers are authorized to continue to use those base rates approved before the effective date of this section."
SECTION 35. Section 38-73-460 of the 1976 Code is amended to read:
"Section 38-73-460. In the making and approval of rates for automobile insurance, consideration must be given to the net gains or losses incurred by insurers as a result of participation in the operating results and expenses, respectively, of the South Carolina Reinsurance Facility Automobile Underwriters Association. However, 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."
SECTION 36. Section 38-73-520 of the 1976 Code is amended to read:
"Section 38-73-520. With the exception of an insurer's use of the rate plans of the South Carolina Automobile Underwriters Association pursuant to Section 38-73-455, Every every insurer shall file with the commissioner every manual of classifications, rules, and rates, every rating plan, and every modification of any of the foregoing which it proposes to use. Every filing shall state the proposed effective date thereof and shall indicate the character and extent of the coverage contemplated."
SECTION 37. Section 38-73-735 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-73-735. In addition to risk and territorial classification plans promulgated or approved under Section 38-73-730, the commissioner may promulgate plans to afford credits or discounts to automobile insureds, or he may approve the credit or discount plans filed with him by insurers of automobile insurance. No automobile insurance credit or discount plan may be promulgated or approved by the commissioner unless: (1) the criteria for determining eligibility for credits or discounts under the plan are objective, clear, and unequivocal; (2) the criteria are based upon factually or statistically supported data; and (3) the credits or discounts provided under the plan will be afforded by the insurer on a nondiscriminatory basis to all insureds who are eligible therefor. 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."
SECTION 38. Section 38-73-750 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-73-750. Automobile insurers shall file with the State Rating and Statistical Division their plans or systems for allocating expenses and profit as respects the various kinds or types of automobile insurance risks and the classes of risks thereunder. However, no plan or system may be filed which is inconsistent with the classification of risks promulgated by the commissioner. No plan or system may be filed or approved if the purpose or effect is to discriminate unfairly or unreasonably in respect to the allocation of expenses or profit between classes of risks or if the purpose or effect is to impose a burden or detriment upon the South Carolina Reinsurance Facility or to secure to the insurer using the plan or system an unfair or unreasonable competitive advantage to the detriment of the South Carolina Reinsurance Facility or other insurers. The commissioner after due notice and hearing, shall disapprove and disallow the further use of an inconsistent, discriminatory, burdensome, or competitively unfair plan or system for the allocation of expenses and profit."
SECTION 39. Section 38-73-760(b) of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"(b) The statistical plan may be promulgated so as to provide for any and all statistical and financial data necessary or appropriate to the implementation of the policy of this chapter or Chapter 77 of this title or to yield statistical data reasonably and fairly related to any of the purposes of this article, including, but not limited to, the fixing, establishing, and promulgating of risk and territorial classification plans for automobile insurance; determining the pure loss rate level indications for automobile insurance in South Carolina based upon all South Carolina loss experience and assisting in the translating of this information into usable form for insurance consumers in terms of the final rates or premium charges of each insurer of automobile insurance, determining the reasonability of loss adjustment expenses, other expenses and profit factors applied by insurers to their pure loss components in arriving at their final rates or premium charges for automobile insurance both for purposes of ensuring that the final rates or premium charges are adequate, not excessive, and not unfairly discriminatory and for ensuring that improper and undue burdens are not imposed upon the South Carolina Reinsurance Facility by way of excessive ceding commissions to ceding insurers; determining the amount, validity, and propriety of class and territorial differentials applied to the general pure loss rate levels and testing not less than annually the appropriateness of the existing differentials in the light of the most recent available loss experience data; determining the amount, validity, and propriety of surcharges and discounts referable to any uniform merit rating plan or system which may have been promulgated by the commissioner or which may be under consideration for promulgation, the appropriateness of the surcharges and discounts in the light of the most recent available loss experience data; determining the propriety or validity of any plan for the classification of risks which may be in effect or under consideration based upon the propensities of motor vehicles or classes or types of motor vehicles or their equipment to shield occupants from death or serious injury as a result of crash or based upon the relative invulnerability of the motor vehicles or classes or types of motor vehicles to extensive damage as a result of crash or their repairability at modest expense; or obtaining data relevant to studies being made or to be made by the State Rating and Statistical Division in connection with any of the foregoing or in connection with means and methods for providing appropriate rates for insurance consumers or fostering and encouraging competition among insurers."
SECTION 40. Section 38-73-920 of the 1976 Code is amended to read:
"Section 38-73-920. No insurer may make or issue a contract or policy except in accordance with the filings which are in effect for the insurer as provided in this chapter or in accordance with Section 38-73-1060 or Section 38-73-455 as pertaining to utilization of the Underwriting Association rate plans by insurers. Notwithstanding Section 38-73-10, item (2) of Section 38-73-330, and item (4) of Section 38-73-430, filings for property and casualty rate increases may not be approved for any insurer or rating organization for any line, sub-line, or otherwise identifiable property and casualty insurance coverage for which a rate increase has previously been granted within the immediately preceding twelve months. However, if satisfactory evidence is presented to the commissioner by an insurer or rating organization that the continued use of the previously approved rates for the line, sub-line, or otherwise identifiable property and casualty insurance coverage may result in the insolvency of an insurer, more frequent rate increases may be approved. This section does not apply to contracts or policies for inland marine risks as to which filings are not required 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."
SECTION 41. Section 38-73-1420 of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"Section 38-73-1420. After June 30, 1989, the Board of Governors of the South Carolina Reinsurance Facility shall file an expense component for private passenger automobile insurance rate or premium charges after the rating organization with the largest number of members or subscribers has filed a pure loss component for private passenger automobile insurance with the commissioner. Upon the approval of such components, those automobile insurers designated pursuant to Section 38-77-590(A), for risks written by them through producers designated pursuant to that same section, shall utilize these final rate or premium charges. Automobile insurers designated pursuant to Section 38-77-590(A) are not required to use those same final rates or premium charges for risks written through their agents not appointed pursuant to Section 38-77-590.
The board of governors of the South Carolina Automobile Underwriters Association shall file an expense component for rate or premium charges developed under rate plans approved by the commissioner for the Underwriting Association. The board of governors shall file a weighted pure loss component determined by calculating the mean average of the pure loss components filed by the seven largest writers of private passenger automobile insurance in this State and averaging that resultant loss component with the pure loss component for private passenger automobile insurance filed by the rating organization in South Carolina with the largest number of members or subscribers. The resultant weighted pure loss component must be used to determine rate or premium charges developed under rate plans pursuant to Section 38-77-540(a) and (b). The board of governors shall file a pure loss component based on the underwriting experience of multiple point drivers within the shared risk pool of the Underwriting Association to use in developing rate or premium charges for that group pursuant to Section 38-77-540(c).
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 commissioner for the Underwriting Association comprising these filed rates. Automobile insurers and automobile insurers contracted to the Underwriting Association pursuant to Section 38-77-590(a) are not required to use the rate or premium charges under the rate plans approved for the Underwriting Association by the commissioner for risks not transferred to the Underwriting Association."
SECTION 42. The Chief Insurance Commissioner shall conduct a study not to exceed twelve months in duration 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. The commissioner shall present his findings and conclusions, in writing, to the Governor and the General Assembly not later than ninety days after the study is concluded in accordance with this section.
SECTION 43. Notwithstanding any other provision of law, 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 of the 1976 Code of Laws and pays any storage and impoundment fee, together with any other fines or fees imposed for the operation of an uninsured motor vehicle.
SECTION 44. Notwithstanding any provision of Title 38 of the 1976 Code of Laws or any other provision of law: (a) 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 (b) 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 South Carolina 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.
SECTION 45. Sections 38-73-1410, 38-73-1425, 38-77-111, 38-77-510, 38-77-595, 38-77-600, 38-77-605, 38-77-610, 38-77-620, 38-77-625, and 38-77-930 of the 1976 Code are repealed.
SECTION 46. This act takes effect October 1, 1992./
Amend title to conform.
Rep. FELDER explained the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. CORNING moved to adjourn debate upon the Bill until Tuesday, April 14.
Rep. J. BAILEY raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. J. BAILEY spoke against the amendment and moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Barber Cato Corning Council Cromer Foster Harrison Holt Jaskwhich Keegan Kirsh Koon Marchbanks Martin, L. Quinn Rama Sharpe Shissias Smith Vaughn Waites Wells Wilkes Young, A.
Those who voted in the negative are:
Altman Anderson Bailey, G. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Canty Carnell Chamblee Clyborne Cobb-Hunter Corbett Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harvin Harwell Hodges Houck Huff Hyatt Inabinett Jennings Kempe Kennedy Keyserling Lanford Littlejohn Martin, D. Martin, M. McAbee McCraw McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Rhoad Riser Rogers Ross Rudnick Scott Sheheen Snow Stone Sturkie Taylor Townsend Tucker Whipper White Wilder Wilkins Wofford Wright Young, R.
So, the House refused to table the amendment.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 385 General Subject Matter: Auto Insurance
Amendment #: 4. Subject Matter: Motion to table.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DANIEL T. COOPER
Rep. FAIR moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 4.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4.
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. L. MARTIN moved to adjourn debate upon the Bill until Wednesday, April 15, which was adopted.
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. WILKINS moved to table the Bill, which was agreed to.
I voted "yea" on a voice vote to table H. 3010. I am relieved to see this Body correct a step we were taking in the wrong direction. "Restoring Family Values in the Home" is a campaign speech which is all too familiar. Hastening the dissolution of the marital institution in six months flies in the face of those values, hurts childrens' interests and cheapens the value of marriage in my view.
Rep. J.L. MANN CROMER, JR.
The following Bill was taken up.
H. 3003 -- Rep. Wilder: A BILL TO AMEND SECTIONS 48-48-30, 48-48-60, AND 48-48-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL REGIONAL DISPOSAL FACILITY, SO AS TO EXTEND FROM 1992 TO 1994 THE YEAR AFTER WHICH THE WASTE WILL NOT BE ACCEPTED FROM OUT OF THE REGION UNDER CERTAIN CONDITIONS.
Rep. HUFF moved to adjourn debate upon the Bill until Tuesday, April 14.
Rep. McTEER moved to continue the Bill.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Baxley Boan Brown, G. Burch, K. Cromer Delleney Elliott, D. Elliott, L. Farr Foster Hallman Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McCraw McLeod McTeer Phillips Quinn Ross Rudnick Scott Sheheen Shirley Taylor Townsend Tucker Waites Whipper Williams, J.
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Baker Brown, J. Carnell Cato Chamblee Cooper Corbett Council Felder Fulmer Glover Gonzales Harrelson Harrison Hendricks Huff Keegan Marchbanks Martin, L. McAbee McKay Nettles Rama Rhoad Riser Sharpe Shissias Smith Snow Stone Vaughn Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to continue the Bill.
Rep. McTEER 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:
Altman Bailey, J. Baxley Bennett Boan Brown, G. Burch, K. Byrd Cromer Delleney Elliott, D. Elliott, L. Farr Foster Harrelson Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McLeod McTeer Nettles Phillips Quinn Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Whipper White Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Baker Beasley Brown, J. Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harrison Hendricks Huff Keegan Klapman Marchbanks Martin, L. McAbee McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Snow Stone Townsend Vaughn Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the Bill was tabled.
Had I been in the House Chambers, I would have voted to table H. 3003.
Rep. DAVE C. WALDROP, JR.
The following Bill was taken up.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Reps. McLEOD and SCOTT proposed the following Amendment No. 3A (Doc Name L:\council\legis\amend\N05\8332.BD), which was adopted.
Amend the bill, as and if amended, Section 29-5-20, SECTION 1, by adding at the end:
/(D) Subsection (B) does not apply to individual laborers when the amount of their lien is less than two thousand dollars./
Amend further, Section 29-5-23, SECTION 3, by inserting after the third sentence:
/The name and address of the contractor must be posted at the job site. A location notice also must be posted at the job site. The location notice must contain the following statement: 'The contractor on the project has filed a Notice of Project Commencement at the County Courthouse. Sub-subcontractors and suppliers to subcontractors shall comply with Section 29-5-20 when filing liens in connection with this project.'/
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended on second reading, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baxley Brown, J. Burch, K. Byrd Cato Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Fulmer Glover Gonzales Hallman Harrelson Harris, P. Harrison Harwell Hendricks Hodges Houck Hyatt Keegan Kinon Kirsh Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McCraw McElveen McKay McLeod McTeer Meacham Phillips Quinn Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shissias Smith Snow Stone Taylor Tucker Vaughn Waites Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.
Rep. FULMER explained the Bill.
Rep. KIRSH spoke against the Bill.
Rep. BAXLEY spoke in favor of the Bill.
Rep. BAXLEY continued speaking.
Rep. SHEHEEN spoke against the Bill.
Reps. R. YOUNG and WOFFORD spoke in favor of the Bill.
Rep. KLAPMAN spoke against the Bill.
The SPEAKER Pro Tempore granted Rep. RHOAD a temporary leave of absence.
Rep. McELVEEN moved to table the Bill.
Rep. SHEHEEN 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 Anderson Barber Beatty Bennett Brown, J. Burch, K. Byrd Cato Chamblee Cobb-Hunter Cooper Cromer Delleney Elliott, D. Fair Farr Foster Glover Harrelson Harris, P. Haskins Hodges Houck Hyatt Jaskwhich Kempe Kennedy Keyserling Kirsh Klapman Manly Marchbanks Martin, L. Martin, M. Mattos McElveen McTeer Meacham Neilson Rogers Ross Rudnick Scott Sheheen Shirley Smith Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Williams, J.
Those who voted in the negative are:
Bailey, G. Baker Baxley Beasley Boan Brown, G. Carnell Clyborne Corbett Corning Council Elliott, L. Felder Fulmer Gentry Gonzales Hallman Harrison Huff Inabinett Jennings Keegan Koon Lanford Littlejohn Martin, D. McAbee McCraw McGinnis McKay McLeod Nettles Phillips Quinn Rama Riser Sharpe Shissias Snow Sturkie White Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the Bill was tabled.
Rep. HARRELSON moved to reconsider the vote whereby the following Bill was tabled.
H. 3003 -- Rep. Wilder: A BILL TO AMEND SECTIONS 48-48-30, 48-48-60, AND 48-48-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL REGIONAL DISPOSAL FACILITY, SO AS TO EXTEND FROM 1992 TO 1994 THE YEAR AFTER WHICH THE WASTE WILL NOT BE ACCEPTED FROM OUT OF THE REGION UNDER CERTAIN CONDITIONS.
Rep. SCOTT moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Manly Martin, M. Mattos McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Baker Beasley Bennett Brown, J. Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Glover Gonzales Hallman Harrelson Harris, P. Harrison Haskins Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis Meacham Rama Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby the Bill was tabled.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Baker Beasley Bennett Brown, J. Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Glover Gonzales Hallman Harrelson Harris, P. Harrison Haskins Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McKay Meacham Rama Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Altman Bailey, J. Barber Baxley Beatty Boan Brown, G. Burch, K. Byrd Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Manly Martin, M. Mattos McCraw McElveen McLeod McTeer Neilson Nettles Phillips Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
So, the motion to reconsider was agreed to.
I was called from the Chamber. While I was gone, Reconsideration Votes were taken on H. 3003. Had I been present, I would have voted not to reconsider.
Rep. RICK QUINN
Rep. VAUGHN moved that the House recur to the morning hour, which was rejected by a division vote of 31 to 58.
The following Bill was taken up.
H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2195.AC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".
SECTION 2. Chapter 41, Title 44 of the 1976 Code is amended by adding:
Section 44-41-310. This article may be cited as the 'Informed Decision for Abortion Act'.
Section 44-41-320. As used in this article:
(1) 'Medical emergency' means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.
(2) 'Probable gestational age of the unborn child' means what, in the judgment of the attending physician, is with reasonable probability the gestational age of the unborn child at the time the abortion is planned to be performed.
Section 44-41-330. (A) No abortion may be performed or induced except with the voluntary and informed decision of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, a decision to have an abortion is voluntary and informed only if:
(1) The woman is told the following by the physician who is to perform the abortion, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians:
(a) the medical risks associated with the abortion procedure to be employed;
(b) the probable gestational age of the unborn child at the time the abortion is to be performed.
(2) The woman is informed, by the physician, by his agent or, should the abortion be performed in a clinic, by its agent, that she has the right to review the printed materials described in Section 44-41-340. The physician, his agent, or, should the abortion be performed in a clinic, its agent shall orally inform the woman the materials have been provided by this State and list agencies which offer alternatives to abortion and that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care. If the woman chooses to view the materials, a copy of the materials must be furnished to her.
(3) The woman certifies in writing, before the abortion, that the information described in item (1) of this section has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this section.
(4) Before performing the abortion, the physician who is to perform or induce the abortion or his agent receives a copy of the written certification prescribed by item (3) of this section.
(B) Nothing herein limits the information provided by the referring physician, the physician who is to perform the abortion, or allied health professional to the person upon whom the abortion procedure is to be performed.
Section 44-41-340. (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:
(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer and a description of the manner, including telephone numbers, in which they may be contacted.
(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.
(3) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits.
(4) materials designed to inform the woman of the mechanisms available for obtaining child support payments.
(B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be available at no cost from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.
Section 44-41-350. When a medical emergency exists, before performing an abortion the physician, if circumstances permit, shall inform the woman of the medical indications supporting his judgment that an abortion is necessary to avert the risk of her death or to avert the risk of immediate irreversible loss of major bodily function, and obtain her consent to the abortion.
Section 44-41-360. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars."
SECTION 3. The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must be published on or before the effective date of Article 3, Chapter 41, Title 44 of the 1976 Code, as added by this act.
SECTION 4. This act takes effect June 30, 1993, or ninety days after the signature of the Governor, whichever occurs later, except that Section 3 of this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. GLOVER 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:
Bailey, J. Beatty Bennett Burch, K. Byrd Cobb-Hunter Foster Glover Inabinett Kempe Kennedy Keyserling Kirsh Manly McLeod Neilson Rogers Rudnick Scott Shissias Taylor Waites Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Barber Baxley Beasley Boan Brown, G. Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harris, P. Harrison Harvin Harwell Haskins Hodges Houck Huff Hyatt Jaskwhich Jennings Keegan Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McAbee McCraw McElveen McGinnis McKay McTeer Meacham Phillips Rama Riser Ross Sharpe Sheheen Smith Snow Stoddard Stone Sturkie Townsend Vaughn Waldrop Wells Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the Bill.
Rep. RUDNICK raised the Point of Order that H. 4331 was out of order as it was not in compliance with Rule 5.1 in that it dealt with the appropriation of money and should have been referred to the Ways and Means Committee. She further stated that the Bill had a fiscal impact statement attached. She further stated that there had been a similar situation at some point involving seats for each child on a school bus and that it came out of the Education Committee and that it came to the floor and since it involved the appropriation of money to purchase the school buses, then that Bill was referred to the Ways and Means Committee.
The SPEAKER stated that the Rule she was referring to was Rule 4.4, but that this Bill did not appropriate money and he overruled the Point of Order.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2146.AC), which was adopted.
Amend the bill, as and if amended, by adding, appropriately numbered, in section 2:
/Section ____. Informed decision for an abortion as provided for in Section 44-41-330 is not required when the woman upon whom the abortion is to be performed has been determined by the South Carolina Department of Mental Retardation to have mental retardation or a related disability as defined in Section 44-20-30 and the woman's spouse, parents, or legal guardian is seeking the abortion. In this instance an informed decision is not required of the mentally retarded woman or the person seeking the abortion on her behalf. The physician must document the reason for not obtaining the informed decision in the woman's medical records before performing the abortion and a statement certifying her mental retardation or related disability./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HASKINS moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Beasley Cato Chamblee Cooper Corbett Corning Delleney Fair Fulmer Gonzales Hallman Harwell Haskins Huff Jaskwhich Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Quinn Riser Sharpe Smith Stone Sturkie Vaughn Wells Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barber Baxley Beatty Bennett Boan Brown, G. Burch, K. Byrd Carnell Cobb-Hunter Council Cromer Elliott, D. Elliott, L. Felder Foster Gentry Glover Harvin Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kirsh Manly Martin, D. Martin, M. Mattos McAbee McCraw McTeer Meacham Neilson Nettles Phillips Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Stoddard Taylor Townsend Tucker Waites Waldrop Whipper Wilder Wilkes Wofford
So, immediate cloture was rejected.
Rep. RUDNICK continued speaking.
Rep. HODGES spoke in favor of the amendment.
Rep. HUFF moved to adjourn debate upon the amendment, which was adopted.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\2147.AC), which was tabled.
Amend the bill, as and if amended, by adding, appropriately numbered, in SECTION 2:
/Section ____. Informed decision for an abortion as provided for in Section 44-41-330 is not required if having the child would most likely result in the woman being unemployed or placed in a position of being eligible for Aid to Families with Dependent Children. A sworn statement setting forth the exception provided for by this section must be provided by the woman to the referring physician or the physician who is to perform the abortion which must be placed in and become a part of her medical records. The physician must document the reason for not obtaining the informed decision in the woman's medical records before performing the abortion./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 60 to 27.
Rep. RUDNICK proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BR1\2148.AC), which was tabled.
Amend the bill, as and if amended, by adding, appropriately numbered, in SECTION 2:
/Section ____. Informed decision for an abortion as provided for in Section 44-41-330 is not required when the woman upon whom the abortion is to be performed has previously given birth to a child. The physician must document the reason for not obtaining the informed decision in the woman's medical records before performing the abortion./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. CORNING 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 Baker Barber Beasley Boan Brown, G. Cato Chamblee Clyborne Cooper Corbett Corning Cromer Delleney Fair Farr Fulmer Gonzales Hallman Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Huff Hyatt Jaskwhich Jennings Keegan Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCraw McGinnis McTeer Meacham Quinn Rama Riser Ross Sharpe Smith Snow Stone Sturkie Townsend Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, J. Baxley Beatty Bennett Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Council Elliott, D. Elliott, L. Foster Gentry Glover Harrelson Houck Inabinett Kempe Kennedy Keyserling Kirsh Manly Martin, D. Martin, M. Mattos McElveen Neilson Nettles Phillips Rogers Rudnick Scott Sheheen Shirley Shissias Taylor Tucker Waites Waldrop Whipper White
So, the amendment was tabled.
Rep. RUDNICK proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BR1\2150.AC), which was tabled.
Amend the bill, as and if amended, by adding, appropriately numbered, in SECTION 2:
/Section ____. Informed decision for an abortion as provided for in Section 44-41-330 is not required when on the basis of the good faith clinical judgment of the referring physician or the physician who is to perform the abortion acquiring an informed decision would adversely affect the woman due to her age or a mental or physical condition. The physician must document the reason for not obtaining the informed decision in the woman's medical records before performing the abortion./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baker Barber Beasley Carnell Cato Chamblee Clyborne Cooper Corbett Corning Cromer Delleney Elliott, D. Fair Farr Fulmer Gonzales Hallman Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Huff Jaskwhich Jennings Keegan Kinon Klapman Lanford Littlejohn Marchbanks Martin, L. Martin, M. McAbee McElveen McGinnis McKay McTeer Meacham Quinn Rama Riser Ross Scott Sheheen Smith Townsend Tucker Vaughn Wells Wilkes Wilkins Wright Young, A. Young, R.
Those who voted in the negative are:
Altman Bailey, J. Baxley Bennett Burch, K. Byrd Cobb-Hunter Council Elliott, L. Foster Gentry Glover Harrelson Houck Hyatt Inabinett Kempe Kennedy Keyserling Kirsh Manly Martin, D. McCraw McLeod Nettles Phillips Rogers Rudnick Shirley Shissias Snow Taylor Waites Waldrop Whipper White Wilder Wofford
So, the amendment was tabled.
Rep. RUDNICK proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\2151.AC), which was tabled.
Amend the bill, as and if amended, by striking Section 44-41-330(1) and inserting:
/(1) The woman is told the following by the physician who is to perform the abortion or by the referring physician:
(a) the medical risks associated with the abortion procedure to be employed;
(b) the probable gestational age of the unborn child at the time the abortion is to be performed; and
(c) the medical risks to the mother associated with the pregnancy and childbirth./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to by a division vote of 51 to 42.
Rep. RUDNICK proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BR1\2152.AC), which was tabled.
Amend the bill, as and if amended, by striking Section 44-41-330 and inserting:
/Section 44-41-330. (A) No abortion may be performed or induced except with the voluntary and informed decision of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, a decision to have an abortion is voluntary and informed only if the woman is told the following by the physician who is to perform the abortion or by the referring physician:
(1) the medical risks associated with the abortion procedure to be employed;
(2) the probable gestational age of the unborn child at the time the abortion is to be performed; and
(3) the medical risks to the mother associated with the pregnancy and childbirth.
(B) Materials described in Section 44-31-340 must be available upon request of the woman from the physician, an agent of the physician, or the clinic, should the abortion be performed in a clinic./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. CORNING spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\BR1\2153.AC), which was tabled.
Amend the bill, as and if amended, by adding, appropriately numbered, in SECTION 2:
/Section ____. Informed decision for an abortion as provided for in Section 44-41-330 is not required when on the basis of the good faith clinical judgment of the referring physician or the physician who is to perform the abortion the unborn child has a fatal condition or an extreme abnormality or deformity that would most likely result in the child being severely physically or mentally disabled. The physician must document the reason for not obtaining the informed decision in the woman's medical records before performing the abortion./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 48 to 28.
Rep. RUDNICK proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\BR1\2154.AC), which was tabled.
Amend the bill, as and if amended, by adding, appropriately numbered, in SECTION 2:
/Section ____. Informed decision for an abortion as provided for in Section 44-41-330 is not required when on the basis of the good faith clinical judgment of the referring physician or the physician who is to perform the abortion acquiring an informed decision would likely cause the woman severe emotional trauma. The physician must document the reason for not obtaining the informed decision in the woman's medical records before performing the abortion./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 48 to 20.
Reps. RUDNICK and KEMPE proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BR1\2202.AC), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __ . This chapter, the procedures for obtaining an informed decision, and disclosure of materials apply to a man having a vasectomy./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The question then recurred to the adoption to the amendment.
Rep. RUDNICK 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 Anderson Bailey, G. Bailey, J. Baker Barber Beatty Bennett Burch, K. Byrd Clyborne Cobb-Hunter Council Elliott, D. Elliott, L. Felder Foster Glover Hallman Harrelson Hodges Houck Hyatt Inabinett Jaskwhich Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, L. Mattos McCraw McKay McLeod Meacham Phillips Rhoad Rogers Rudnick Sheheen Shirley Shissias Stoddard Taylor Tucker Waites Waldrop Wells Whipper White Wilkes Williams, J. Young, A.
Those who voted in the negative are:
Baxley Beasley Carnell Cato Chamblee Cooper Corbett Corning Cromer Delleney Fair Farr Gentry Gonzales Harris, P. Harrison Harvin Haskins Hendricks Huff Jennings Keegan Klapman Koon Littlejohn Marchbanks McAbee McElveen McGinnis McTeer Nettles Quinn Rama Riser Ross Sharpe Smith Stone Sturkie Townsend Vaughn Wilkins Wofford Wright Young, R.
So, the amendment was adopted.
Reps. RUDNICK and KEMPE proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BR1\2203.AC), which was tabled.
Amend the bill, as and if amended, in Section 44-41-360 by deleting /thousand/ wherever it appears and inserting /hundred/.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 53 to 41.
Rep. CORNING proposed the following Amendment No. 14, which was tabled.
To amend the Committee Report, as and if amended, to amend Section 44-41-330(A)(3) to read:
"(3) The woman certifies in writing, at least one hour before the abortion, that the information described in item (1) of this section has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this section."
Rep. CORNING explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 66 to 23.
Rep. CORNING proposed the following Amendment No. 16, which was tabled.
To amend the Committee Amendment, as and if amended, to insert in Article 3, Section 44-41-330(A)(2) after "have been provided by this State" and before "and list agencies which offer alternatives" the following words:
"and that they describe the unborn child"
Rep. CORNING explained the amendment.
Rep. GLOVER moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Burch, K. Byrd Carnell Cobb-Hunter Council Cromer Elliott, D. Elliott, L. Farr Foster Glover Gonzales Harrelson Harris, P. Harrison Hendricks Houck Huff Inabinett Jennings Kempe Kennedy Keyserling Kirsh Manly Martin, D. Mattos McAbee McCraw McKay McLeod McTeer Neilson Nettles Phillips Rogers Ross Rudnick Sheheen Shirley Shissias Stone Taylor Townsend Tucker Waites Waldrop Whipper White Wilder Wilkes Wilkins
Those who voted in the negative are:
Baker Beasley Cato Chamblee Clyborne Cooper Corbett Corning Delleney Fair Fulmer Hallman Harwell Haskins Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McElveen McGinnis Rama Riser Sharpe Smith Sturkie Vaughn Wells Wright Young, A.
So, the amendment was tabled.
Rep. RUDNICK proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\BR1\2494.AC), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION 1. Section 59-32-30(D) of the 1976 Code is amended to read:
"(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, School districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining an abortion, and but materials containing this information that is available pursuant to Section 44-41-340(2) must not may be distributed used in counseling in schools at the discretion of the counselor. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. BEASLEY raised the Point of Order that Amendment No. 17 was out of order as it was not germane.
Rep. RUDNICK argued contra the Point, citing Section 44-41-340, Section 2. She further stated that it simply said that the word abortion could be used in schools at the discretion of the counselor.
Rep. BEASLEY stated that the Amendment dealt with the school programs on sex education. He further stated, citing Title 59, that it had nothing to do with abortion clinics and informed consent.
The SPEAKER stated that it dealt with Title 59, Chapter 32, the Health Education Act of 1987 and he sustained the Point of Order and ruled the Amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\BR1\2495.AC), which was adopted.
Amend the bill, as and if amended, Section 44-41-360, page 4331-4, line 14 , by deleting /one thousand/ and inserting /five hundred/ and on line 15 by deleting /five/ and inserting /one/.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. CORNING spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 42 to 53.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KEMPE proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\N05\8356.HC), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, page 4331-4, by inserting before the period on line 21:
/, but only if funds are specifically appropriated by line item in an amount sufficient to defray the costs of the printed materials/
Amend title to conform.
Rep. KEMPE explained the amendment.
Rep. BEASLEY moved to table the amendment, which was not agreed to by a division vote of 37 to 60.
Rep. HODGES moved immediate cloture on the entire matter.
Rep. FOSTER moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Baxley Beatty Bennett Brown, G. Brown, J. Byrd Carnell Chamblee Farr Foster Glover Harris, P. Harvin Inabinett Kennedy Kirsh Koon McAbee McCraw McKay McLeod Neilson Nettles Phillips Rogers Ross Rudnick Shirley Sturkie Taylor Townsend Waldrop Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, J. Barber Beasley Boan Burch, K. Cato Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Fulmer Gentry Gonzales Hallman Harrelson Harrison Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Keegan Kempe Keyserling Kinon Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McElveen McGinnis McTeer Meacham Quinn Rama Riser Scott Sharpe Sheheen Shissias Smith Stoddard Stone Tucker Vaughn Waites Wells White Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The question then recurred to the motion to invoke immediate cloture, which was agreed to by a division vote of 84 to 20.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\436\12383.DW), which was ruled out of order.
Amend the Report by the Committee on Judiciary, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 16-5-135. (A) A person may not act alone, or in concert with others, and with the intent to prevent an individual from entering or exiting a facility to receive the information provided for in Article 3, Chapter 41, Title 44, by physically detaining the individual or obstructing, impeding, or hindering the individual's passage.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be imprisoned for not more than thirty days or fined not more than five hundred dollars, or both;
(2) for a second offense, must be imprisoned for not more than sixty days or fined not more than seven hundred fifty dollars, or both; and
(3) for a third or subsequent offense, must be imprisoned for not more than ninety days, or fined not more than one thousand dollars, or both./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 20 was out of order as it was not germane as it dealt with a different section of the law.
Rep. HODGES argued contra the Point in stating that it dealt with obstruction of entry into the clinics and that it was drafted to cover those who prevent efforts of persons to enter or exit a facility to receive the information provided in this section. He further stated that the main thrust of the Bill was to provide information to those seeking entry into an abortion clinic and that the Amendment was to simply allow them to get access to the facility.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the Amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\BR1\2497.AL), which was adopted.
Amend the bill, as and if amended, by adding, appropriately numbered, in SECTION 2:
/Section ____. When the woman upon whom the abortion is to be performed has been determined by the South Carolina Department of Mental Retardation to have mental retardation or a related disability as defined in Section 44-20-30 and the woman's spouse, parents, or legal guardian is seeking the abortion, the informed decision may be made by the person seeking the abortion on her behalf. The physician must document the reason for not obtaining the informed decision from the woman upon whom the abortion is performed in the woman's medical records before performing the abortion and a statement certifying her mental retardation or related disability./
Renumber sections to conform.
Amend title to conform.
Rep. WILKES proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\N05\8358.BD), which was adopted.
Amend the bill, as and if amended, Section 44-41-340(C), page 4331-3, line 43, after /hospital/ by inserting /involved with an informed decision-making process/.
Amend title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Reps. RUDNICK and KEMPE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\2149.AC), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 16-5-135. (A) As used in this section:
(1) 'Action' does not include speech.
(2) 'Medical facility' means a health care facility as defined in Section 44-7-130 or a building in which a licensed physician provides services.
(3) 'Person' does not include:
(a) the chief executive officer of the medical facility;
(b) a designee of the chief executive officer of the medical facility;
(c) an agent of the medical facility; or
(d) a law enforcement officer.
(B) A person may not act alone, or in concert with others, and with the intent to prevent an individual from entering or exiting a medical facility by physically:
(1) detaining the individual; or
(2) obstructing, impeding, or hindering the individual's passage.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be imprisoned for not more than thirty days or fined not more than five hundred dollars, or both;
(2) for a second offense, must be imprisoned for not more than sixty days or fined not more than seven hundred fifty dollars, or both; and
(3) for a third or subsequent offense, must be imprisoned for not more than ninety days, or fined not more than one thousand dollars, or both."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, April 8, by Rep. RUDNICK.
Rep. HUFF moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 13, which was tabled.
To amend the bill, as and if amended, to insert in Section 44-41-330(A)(2) on line 26 of the Committee Report the words "which describe the unborn child" after the words "have been provided by this State" and before "and list agencies", so that it will read:
"have been provided by this State which describe the unborn child and list agencies."
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. KEYSERLING spoke against the Bill.
Rep. HODGES spoke in favor of the Bill.
The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day.
Rep. HODGES continued speaking.
Rep. WELLS moved to reconsider the vote whereby Amendment No. 11 was adopted.
Rep. WELLS spoke in favor of the motion to reconsider.
Rep. RUDNICK moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Beatty Bennett Burch, K. Cobb-Hunter Council Elliott, L. Foster Glover Harrelson Houck Hyatt Inabinett Kempe Kennedy Keyserling Kirsh Klapman Manly Martin, D. Mattos McCraw Meacham Neilson Phillips Rogers Rudnick Scott Sheheen Shirley Shissias Taylor Waites Waldrop Whipper Wilder Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Baxley Beasley Boan Carnell Cato Chamblee Clyborne Cooper Corbett Corning Cromer Delleney Elliott, D. Fair Felder Fulmer Gentry Gonzales Hallman Harris, P. Harrison Harvin Harwell Haskins Hendricks Huff Jaskwhich Jennings Keegan Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McAbee McElveen McGinnis McTeer Quinn Rama Riser Ross Sharpe Smith Stone Sturkie Townsend Vaughn Wells Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to reconsider.
Rep. RUDNICK spoke against the motion to reconsider.
Rep. RUDNICK raised the Point of Order that once cloture had been invoked, the motion to reconsider could not be taken up.
The SPEAKER overruled the Point of Order.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 11 was adopted.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Beasley Carnell Cato Chamblee Clyborne Cooper Corbett Corning Cromer Delleney Elliott, D. Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Huff Hyatt Jaskwhich Jennings Keegan Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McAbee McGinnis McTeer Quinn Rama Riser Sharpe Smith Stone Sturkie Vaughn Wells Wilkins Wofford Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Barber Beatty Bennett Boan Burch, K. Byrd Cobb-Hunter Council Elliott, L. Farr Foster Gentry Glover Hallman Harrelson Harvin Harwell Hodges Houck Inabinett Kempe Kennedy Keyserling Kirsh Manly Martin, D. Mattos McCraw McLeod Meacham Neilson Rogers Ross Rudnick Sheheen Shirley Shissias Taylor Waites Waldrop Whipper White Wilder Wilkes
So, the motion to reconsider was rejected.
Rep. HUFF spoke in favor of the Bill.
Reps. GLOVER and WAITES spoke against the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Baxley Boan Canty Carnell Cato Chamblee Clyborne Cooper Corbett Corning Cromer Delleney Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Jennings Keegan Kempe Kennedy Kinon Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McTeer Meacham Phillips Quinn Rama Riser Ross Sharpe Sheheen Shirley Smith Stone Sturkie Townsend Tucker Vaughn Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, J. Beatty Brown, J. Burch, K. Byrd Cobb-Hunter Council Foster Glover Harrelson Inabinett Keyserling Kirsh Manly Martin, D. McLeod Neilson Nettles Rogers Rudnick Scott Shissias Taylor Waites Waldrop
So, the Bill, as amended, was read the second time and ordered to third reading.
Whipper (Present) Nay
G. Brown (Absent) Aye
Bennett (Present) Nay
Beasley (Absent) Aye
I oppose this Bill because it is unnecessary. Women already have the opportunity to obtain information, and physicians have a responsibility to provide it. There is no other medical procedure which mandates this kind of detailed information.
Rep. CANDY WAITES
On motion of Rep. McABEE, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
Rep. CHAMBLEE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
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.
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.
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.
H. 4693 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PUBLICLY RECOGNIZE AND COMMEND MISSY FRANKLIN OF NEWBERRY FOR HER OUTSTANDING WORK WITH THE COUNTY COUNCIL ON AGING AND FOR HER OTHER UNSELFISH SERVICE TO THE PEOPLE OF THE CITY AND COUNTY OF NEWBERRY.
H. 4694 -- Reps. Rogers, J. Brown, Byrd, Scott, Taylor, Waites, Cromer, Shissias, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MODJESKA MONTEITH SIMKINS, THE MATRIARCH OF CIVIL RIGHTS ACTIVISTS IN THIS STATE FOR FOUR DECADES, WHO DIED SUNDAY, APRIL 5, 1992.
H. 4697 -- Reps. Byrd, J. Brown, Cromer, Rogers, Taylor, Scott, Quinn, Harrison, Corning, Waites and Shissias: A CONCURRENT RESOLUTION TO COMMEND REVEREND ROSCOE C. WILSON, SR., PASTOR OF SAINT JOHN BAPTIST CHURCH IN COLUMBIA, FOR HIS FORTY-FOUR YEARS OF UNSELFISH AND DEDICATED LEADERSHIP OF THIS OUTSTANDING CHURCH, AND TO EXTEND TO HIM BEST WISHES ON THE OCCASION OF HIS SEVENTY-FIRST BIRTHDAY.
At 5:30 P.M. the House in accordance with the motion of Rep. HARRISON adjourned in memory of Mrs. Lillian Strother, mother of Rep. JUNE SHISSIAS, to meet at 10:00 A.M. tomorrow.
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