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 places of unique service to which You have called us - the few from the many. Inspire us to use our positions to the greatest good knowing that life is much like a tennis game: the player who serves well has a good start toward winning. And if we cannot help, God forbid that we should hinder. Make of us a part of problems' solutions, never a part of life's problems. Make us big enough to recognize our mistakes, wise enough to benefit from them, and determined enough to correct them.
Keep us gratefully aware this day and every day that You are close at hand to lead us along life's way. 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. G. BROWN moved that when the House adjourns, it adjourn in memory of Daly Alexander of Lee County, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1614
Promulgated By Soil Classifiers Board of Registration (Land Resources Conservation Commission)
Amend Soil Classifiers Regulations
Received By Speaker March 3, 1993
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date February 7, 1994
Document No. 1491
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Soil Waste Management Grants, Recycling, Education Grants, and Waste Tire Grants
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Review Expiration Date August 14, 1992
Revised Expiration Date March 23, 1993
Withdrawn and Resubmitted: March 3, 1993
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3578 -- Rep. McKay: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ADD ADDITIONAL STATES IN 1993 TO THE FAA BLOCK GRANT PROGRAM.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3616 -- Rep. Hutson: A HOUSE RESOLUTION TO URGE THE DEPARTMENT OF DEFENSE, THE UNITED STATES CONGRESS, AND THE PRESIDENT TO REMOVE FROM ANY FURTHER CONSIDERATION FOR BASE CLOSURE THE CHARLESTON NAVAL BASE AND OTHER MILITARY INSTALLATIONS AND TO HALT THE ACTIVITIES OF THE BASE CLOSURE COMMISSION UNTIL ITS MISSION CAN BE REEXAMINED.
On motion of Rep. HUTSON, with unanimous consent, the following House Resolution was taken up for immediate consideration.
H. 3616 -- Rep. Hutson: A HOUSE RESOLUTION TO URGE THE DEPARTMENT OF DEFENSE, THE UNITED STATES CONGRESS, AND THE PRESIDENT TO REMOVE FROM ANY FURTHER CONSIDERATION FOR BASE CLOSURE THE CHARLESTON NAVAL BASE AND OTHER MILITARY INSTALLATIONS AND TO HALT THE ACTIVITIES OF THE BASE CLOSURE COMMISSION UNTIL ITS MISSION CAN BE REEXAMINED.
Whereas, the Charleston Naval Base and forces afloat; the Navy Shipyard; the Naval Electronic Systems Engineering Center; the Naval Weapons Station; the Polaris Missile Facility Atlantic; the Naval Facilities Engineering Command; the Naval Supply Center; the Supervisor of Shipbuilding, Conversion and Repair; and the Naval Hospital and branch clinics are purported to be among those bases and facilities being considered by the United States Department of Defense for closing; and
Whereas, these Navy facilities and presence substantially impact the economy in South Carolina and particularly in the Charleston Trident area with well over a billion-dollar payroll for over thirty-five thousand active duty, civilian, and contract civilian employees; and
Whereas, the multiplier effect of this one billion-dollar payroll is an additional two billion dollars for a total of three billion dollars, a substantial contribution to South Carolina's economy; and
Whereas, the shipyard in Charleston, one of the oldest shipyards in the country having been established about one hundred years ago, has been cited as the most efficient public shipyard in the country repairing nuclear submarines and is second in efficiency only to a nonnuclear repair shipyard with an average man-day cost of three hundred seventy dollars while the average man-day cost among the other public shipyards in the country is four hundred eighty dollars; and
Whereas, the shipyard employees include among them one of the highest percentages of minority workers compared to other shipyards; and
Whereas, presently the United States Navy uses repair facilities in foreign countries, specifically the United States Navy Ship Repair Facility in Yokosuka, Japan, to work on United States Navy ships and spent one hundred sixty-three million dollars to pay foreigners to work on these ships in 1991 and plans to spend 1.1 billion more on overseas ship repairs through 1998; and
Whereas, from 1987 through 1991 the United States Navy spent on overseas ship repairs 1.3 billion dollars, of which ninety-seven million dollars were spent on private Japanese workers at Yokosuka, one hundred three million on United States Navy Japanese workers at Yokosuka, and one hundred three million dollars on other foreign contractors; and
seventy-seven percent of the 1.3 billion dollars spent on overseas ship repairs were for the Atlantic Fleet; and
Whereas, while Charleston, Berkeley, and Dorchester Counties lost almost three thousand naval shipyard workers during a one-year period, the United States Navy paid four thousand nine hundred thirty-one foreigners to work on American ships; and
Whereas, the closure of efficient economical shipyard facilities in the United States is being threatened, in particular the Charleston Naval Shipyard, and the American work force is being deprived of continued livelihood while naval ship repair is being directed to foreign facilities; and
Whereas, closure of Charleston's Naval Base Shipyard and associated facilities would directly displace not only Navy personnel and employees but would also affect thousands of dependent families in the area. Now, therefore,
Be it resolved by the House of Representatives:
That the Department of Defense, the United States Congress, and the President are urged to remove from consideration for closure by the Department of Defense the vital Naval Base, shipyard, and associated facilities in Charleston, as well as any other military installations elsewhere in the United States.
Be it further resolved that the activities of the Base Closure Commission be halted until the Congress can reexamine the Commission's mission in order to give it a constructive role based on a thorough understanding of current and anticipated national security needs and the implications of potential changes in military forces and infrastructure to the national, state, and local economies.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Clerk of the United States House of Representatives, the President of the United States Senate, the Secretary of Defense, and the South Carolina Congressional Delegation.
Rep. HUTSON explained the House Resolution.
The question then recurred to the adoption of the Resolution.
Rep. HUTSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, J. Barber Beatty Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Cobb-Hunter Cooper Corning Cromer Delleney Elliott Fair Farr Gamble Gonzales Govan Graham Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Worley Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Resolution was adopted.
The following was introduced:
H. 3622 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING COACH BURNEY BOURNE, CHERAW HIGH SCHOOL FOOTBALL COACH, FOR BEING HONORED BY WBTW, CHANNEL 13, AS THE 1992 CO-COACH OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3623 -- Reps. Sheheen, Carnell, P. Harris, McAbee, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. ALBERT B. SABIN, WORLD-RENOWNED DEVELOPER OF THE ORAL POLIO VACCINE AND MEDICAL UNIVERSITY OF SOUTH CAROLINA FACULTY MEMBER, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3624 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 18, 1993, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 18, 1993, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 3625 -- Reps. J. Harris, H. Brown and Spearman: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT ASSEMBLY OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 28, 1993, AT 12:00 NOON, AND RECOGNIZING AND COMMENDING THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN THE PALMETTO STATE.
Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 1993 South Carolina Folk Heritage Award are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 1993 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, invites the winners of the 1993 South Carolina Folk Heritage Awards and the members of the 1993 South Carolina Folk Heritage Awards Advisory Committee to attend a joint assembly of the House of Representatives and the Senate which shall be held in the Hall of the House of Representatives on Wednesday, April 28, 1993, at 12:00 noon and, further, by this resolution, recognizes and commends the 1993 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in the Palmetto State.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3626 -- Reps. Cromer and McAbee: A CONCURRENT RESOLUTION DIRECTING THE STATE HOUSE TOUR SERVICE TO ALLOW STATE HOUSE TOURS DURING THE LEGISLATIVE SESSION FOR ALL GROUPS WITHOUT RESPECT TO AGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3627 -- Reps. Waites, G. Bailey, Stone, Huff, Neal, Govan, Neilson, Hines, Byrd, Klauber, Whipper, Allison, Wells, Robinson, Simrill, Phillips, Askins, Corning, Snow, Thomas, McKay, Davenport, Vaughn, Meacham and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
Referred to Committee on Judiciary.
H. 3628 -- Reps. J. Bailey and Holt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-345 SO AS TO PROVIDE THAT ALL STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, NOT LATER THAN THE BEGINNING OF SCHOOL YEAR 1995-96, MUST HAVE DORMITORY ROOMS OR OTHER TYPES OF SUITABLE HOUSING AVAILABLE TO HOUSE NOT LESS THAN FIFTY PERCENT OF THEIR THEN CURRENTLY ENROLLED BOARDING STUDENTS.
Referred to Committee on Education and Public Works.
H. 3629 -- Rep. J. Bailey: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT THE RESIDENCE IS OCCUPIED BY THE INCOME BENEFICIARY OF THE TRUST.
Referred to Committee on Ways and Means.
H. 3630 -- Reps. Waldrop, Baker, Cooper, Elliott, P. Harris, McAbee, Meacham, Mattos, Simrill, Jennings, Barber, H. Brown, Richardson, Keyserling, Stoddard, Davenport, Boan, Trotter, Harwell, Jaskwhich, Vaughn, Haskins, Rudnick, Cromer, Fair, Littlejohn, T.C. Alexander, D. Smith, J. Bailey and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-260 SO AS PROVIDE THAT NO RIGHT EXISTS FOR A PHYSICAL THERAPIST TO HAVE PAID TO THEM A BENEFIT UNDER AN INSURANCE POLICY; TO AMEND SECTION 40-45-20, RELATING TO DEFINITIONS IN THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO REVISE THESE DEFINITIONS AND DELETE THE DEFINITION OF "PRESCRIPTION"; AND TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR SUSPENSION AND REVOCATION OF REGISTRATION AND SECTION 40-45-220, RELATING TO SCOPE OF PRACTICE AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE REQUIREMENT OF PRACTICING PHYSICAL THERAPY UNDER THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO REVISE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Referred to Committee on Labor, Commerce and Industry.
H. 3632 -- Reps. Elliott, G. Bailey, McKay, Cato, Robinson, Askins, Corning, A. Young and Kinon: A BILL TO REPEAL ARTICLE 37, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF VEHICLES.
Rep. ELLIOTT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. PHILLIPS objected.
Referred to Committee on Education and Public Works.
H. 3633 -- Rep. Jennings: A BILL TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3634 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE PRIMARY MUST BE HELD ON THE SEVENTH INSTEAD OF THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THE RUNOFF PRIMARY BE HELD ON THE NINTH INSTEAD OF THE THIRTEENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THAT THE FILING PERIOD OPENS ONE WEEK AFTER THE VACANCY OCCURS INSTEAD OF ON THE THIRD FRIDAY AFTER THE VACANCY OCCURS, AND TO CHANGE THE TIME FOR CONDUCTING THE SPECIAL ELECTION FROM THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS TO THE FOURTEENTH TUESDAY AFTER THE VACANCY OCCURS.
Referred to Committee on Judiciary.
H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Referred to Committee on Labor, Commerce and Industry.
H. 3637 -- Rep. Felder: A BILL TO AMEND SECTION 38-77-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE UNDER THE STATE'S AUTOMOBILE INSURANCE LAW, SO AS TO DELETE PROVISIONS, INCLUDING REFERENCE TO THE SOUTH CAROLINA REINSURANCE FACILITY, PROVIDE REFERENCE TO AN UNDERWRITING ASSOCIATION, AND TO MAKE CHANGES TO THE DECLARATION; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE THE DEFINITION OF "FACILITY" AND TO DEFINE "UNDERWRITING ASSOCIATION", DELETE THE DEFINITION OF "QUOTA SHARE REINSURANCE" AND TO DEFINE "SHARED RISK POOLING", PROVIDE A DEFINITION FOR "ASSOCIATION STANDARD RATE" AND "ASSOCIATION QUALIFIED RATE", CHANGE THE DEFINITION OF "SPECIALIZED INSURER", AND PROVIDE A DEFINITION FOR "CLEAN RISK SUBSIDY"; TO CHANGE THE TITLE OF ARTICLE 3, CHAPTER 77, TITLE 38 FROM "MANDATE TO WRITE AND INSURANCE COVERAGE" TO "CERTAIN REQUIREMENTS TO INSURE AND INSURANCE COVERAGE"; TO CHANGE THE TITLE OF SECTION 38-77-110 FROM "INSURERS REQUIRED TO INSURE; EXCEPTIONS" TO "PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES", DELETE PROVISIONS OF THAT CODE SECTION, AS AMENDED, AND ADD NEW PROVISIONS, INCLUDING THE PROVISION THAT A REFUSAL TO WRITE AN AUTOMOBILE INSURANCE POLICY MUST BE IN WRITING STATING THE CAUSE OF THE REFUSAL IF REQUESTED BY THE APPLICANT; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR AUTOMOBILE INSURANCE OR A POLICYHOLDER IS REQUIRED TO HAVE A DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO DELETE THE REFERENCE TO SECTION 38-77-280 AND SECTION 38-77-920; TO AMEND SECTION 38-77-115, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT SIGNS ARE REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SO AS TO DELETE THE PROVISIONS OF THAT SECTION, REQUIRE THAT AUTHORIZED AGENTS FOR EVERY INSURER COVERED BY SECTION 38-77-110 SHALL POST A SIGN WHICH IS TO BE TITLED "PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES", AND PROVIDE FOR THE CONTENTS OF THE SIGN; TO AMEND SECTION 38-77-140, RELATING TO THE BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO CHANGE THE AMOUNTS OF CERTAIN OF THE LIMITS; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION COVERAGE AND COMPREHENSIVE COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT NO POLICY OF INSURANCE WHICH PROVIDES AUTOMOBILE PHYSICAL DAMAGE COVERAGE ONLY MAY BE TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING; TO AMEND SECTION 38-77-285, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE COVERAGES BE IN ONE INSURANCE POLICY, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT WITH THE EXCEPTION OF PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES, ANY COVERAGE TRANSFERRED TO THE UNDERWRITING ASSOCIATION ON A POLICY OF AUTOMOBILE INSURANCE MUST BE TRANSFERRED FOR ALL AUTOMOBILES COVERED UNDER THE POLICY AND THAT THIS SECTION APPLIES ONLY TO INSURANCE POLICIES COVERING PRIVATE PASSENGER VEHICLES AND SMALL COMMERCIAL RISKS; TO CHANGE THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38 FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "UNDERWRITING ASSOCIATION; SERVICING CARRIERS AND PRODUCERS"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-511 SO AS TO CREATE THE NONPROFIT, UNINCORPORATED LEGAL ENTITY KNOWN AS THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-520, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST BECOME MEMBERS OF THE REINSURANCE FACILITY, SO AS TO REPLACE THE REFERENCES TO THE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION BY THE REINSURANCE FACILITY AND APPROVAL BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE INSTEAD FOR THE PLAN OF OPERATION OF THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-540, RELATING TO THE DUTIES OF THE CEDING INSURER UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION, PROVIDE THAT THE UNDERWRITING ASSOCIATION SHALL ACCEPT THE TRANSFER OF RISK ON ANY POLICY OF AUTOMOBILE INSURANCE COVERING INDIVIDUAL PRIVATE PASSENGER AND SMALL COMMERCIAL RISKS 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 CHIEF INSURANCE COMMISSIONER, SUBJECT HOWEVER, TO SECTION 38-77-950 REGARDING REASONABLE UTILIZATION OF THE UNDERWRITING ASSOCIATION BY MEMBER COMPANIES, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-550, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT LEGAL RIGHTS OF THE INSURED AND THE INSURER ARE NOT AFFECTED BY REINSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE FOR THE EFFECT OF THE TRANSFER OF RISK UNDER A POLICY OF AUTOMOBILE INSURANCE TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING; TO AMEND SECTION 38-77-560, RELATING TO DEDUCTIONS TO A CEDING INSURER UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE THAT AN INSURER TRANSFERRING RISKS ON AUTOMOBILE INSURANCE POLICIES TO THE UNDERWRITING ASSOCIATION SHALL RECEIVE CREDIT BY WAY OF DEDUCTION FROM ITS UNEARNED PREMIUM LIABILITY AS CALCULATED IN ACCORDANCE WITH SECTION 38-9-170, BUT BUSINESS TRANSFERRED TO THE UNDERWRITING ASSOCIATION MAY NOT BE DEDUCTED FOR PURPOSES OF THE LIMITATIONS OF RISK PROVISIONS OF SECTION 38-55-30; TO AMEND SECTION 38-77-570, RELATING TO INVESTMENT AND DISTRIBUTION OF FUNDS OF THE REINSURANCE FACILITY, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE FOR THE INVESTMENT AND DISTRIBUTION OF THE FUNDS AND RESERVES OF THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO DELETE REFERENCES TO THE FACILITY AND REPLACE THEM WITH REFERENCES TO THE UNDERWRITING ASSOCIATION, AND DELETE REFERENCES TO "DESIGNATED AGENTS" AND REPLACE THEM WITH REFERENCES TO "SERVICING AGENTS"; TO AMEND SECTION 38-77-585, AS AMENDED, RELATING TO ADDITIONAL BOARD MEMBERS OF THE REINSURANCE FACILITY, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE REINSURANCE FACILITY AND DESIGNATED INSURERS AND PROVIDE REFERENCES TO UNDERWRITING ASSOCIATION CONTRACTED INSURERS; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO DESIGNATED PRODUCERS UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE CERTAIN PROVISIONS, ADD PROVISIONS, INCLUDING THE REQUIREMENT THAT THE GOVERNING BOARD OF THE UNDERWRITING ASSOCIATION CONTRACT WITH INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE BOARD, CHANGE THE QUALIFICATIONS FOR AN APPLICANT FOR ASSIGNMENT TO A SERVICING CARRIER, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-630, AS AMENDED, RELATING TO POLICIES CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE UNDERWRITING ASSOCIATION, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A RISK, OTHER THAN AT RENEWAL, MAY BE TRANSFERRED TO THE UNDERWRITING ASSOCIATION ONLY WHEN THE APPLICATION IS ACCOMPANIED BY EITHER A RENEWAL NOTICE FROM ANOTHER INSURER OR A MOTOR VEHICLE REPORT (MVR) ISSUED AT THE POINT OF SALE, TOGETHER WITH THE FULL PREMIUM CORRECTLY REFLECTING THE FACTS SHOWN ON THE MVR OR CONSISTENT WITH THE PREMIUM QUOTED IN THE RENEWAL NOTICE; TO AMEND SECTION 38-77-910, RELATING TO THE AUTOMOBILE INSURANCE LAWS AND UNLAWFUL DISTINCTIONS BETWEEN POLICYHOLDERS OR APPLICANTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY VIOLATION OF THIS CODE SECTION OR THE PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES AS DESCRIBED UNDER SECTION 38-77-110 MAY BE CAUSE FOR REVOCATION OR SUSPENSION OF THE INSURER'S OR AGENT'S LICENSE BY THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, THE PROPERTY RIGHTS OF CERTAIN AGENTS, AND THE RESTRICTION OF MAILINGS TO CERTAIN AREAS, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAWS, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS AND REPLACE THE REFERENCES TO THE REINSURANCE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, REPLACE REFERENCES TO THE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION INSTEAD, AND ADD PROVISIONS, INCLUDING THE PROVISION FOR MAKING A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION; TO AMEND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION AND ADD PROVISIONS, INCLUDING THE PROVISION THAT WHEN DEALING WITH THE AGENTS OF THE COMPANY, WHO ARE LICENSED TO SELL AUTOMOBILE INSURANCE, THE COMPANY MAY NOT USE ANY BUSINESS TRANSFERRED TO THE UNDERWRITING ASSOCIATION IN DETERMINING THE PROFITABILITY OF THAT AGENT'S BUSINESS; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE AND CONSTRUCTION OF CHAPTER 73 OF TITLE 38, DEALING WITH PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATEMAKING ORGANIZATIONS, SO AS TO DELETE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION, AND ADD PROVISIONS, INCLUDING A PROVISION THAT AN AUTOMOBILE INSURER SHALL FILE AND OFFER FOR AUTOMOBILE INSURANCE A RATE AS DEFINED IN SECTION 38-73-457, WHICH RATE IS SUBJECT TO ALL SURCHARGES OR DISCOUNTS, IF ANY, APPLICABLE UNDER ANY APPROVED MERIT RATING PLAN, CREDIT OR DISCOUNT PLAN PROMULGATED OR APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND IS SUBJECT TO THE APPLICATION OF THE CLEAN RISK SUBSIDY AS DEFINED IN CHAPTER 77 OF TITLE 38; TO AMEND SECTION 38-73-457, RELATING TO INSURANCE CASUALTY AND SURETY RATES, FILING INFORMATION ON BASE RATES, AND THE EFFECTIVE DATE OF RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND ADD PROVISIONS, INCLUDING A PROVISION THAT EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION SHALL FILE WITH THE CHIEF INSURANCE COMMISSIONER A RATE FOR AUTOMOBILE INSURANCE BY COVERAGE CALCULATED SOLELY UPON THE EXPERIENCE GENERATED BY THE INSURER IN ITS BOOK OF BUSINESS AND WHICH MUST NOT INCLUDE EXPERIENCE GENERATED BY RISKS TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING, AND INCLUDING A PROVISION THAT EFFECTIVE MARCH 1, 1994, THE COMMISSIONER SHALL DISALLOW THE FURTHER USE OF THE OBJECTIVE STANDARDS RATE PREVIOUSLY FILED IN ACCORDANCE WITH THIS SECTION; TO AMEND SECTION 38-73-460, RELATING TO INSURANCE CASUALTY AND SURETY RATES AND THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS ON RATES, SO AS TO DELETE THE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE AUTOMOBILE UNDERWRITERS ASSOCIATION; TO AMEND SECTION 38-73-520, RELATING TO INSURANCE CASUALTY AND SURETY RATES AND THE REQUIREMENT OF RATE FILINGS, SO AS TO PROVIDE FOR THE EXCEPTION OF AN INSURER'S USE OF THE RATE PLANS OF THE AUTOMOBILE UNDERWRITERS ASSOCIATION PURSUANT TO SECTIONS 38-73-455 AND 38-73-457; TO AMEND SECTION 38-73-735, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE THE PROVISION THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY BE CEDED TO THE REINSURANCE FACILITY IN ACCORDANCE WITH THE FACILITY'S PLAN OF OPERATION; TO AMEND SECTION 38-73-750, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION, THE REQUIREMENT THAT PLANS MUST BE FILED BY INSURERS, THE PROVISION THAT CERTAIN PLANS MAY NOT BE FILED OR APPROVED, AND THE DISAPPROVAL OF PLANS BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REFERENCE TO THE SOUTH CAROLINA REINSURANCE FACILITY AND REPLACE THAT REFERENCE WITH A REFERENCE TO THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCE TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-920, RELATING TO INSURANCE RATES, RATE MAKING, RATE FILING, AND THE PROVISION THAT NO INSURANCE MAY BE ISSUED EXCEPT ON RATES FILED, SO AS TO ADD CERTAIN REFERENCES TO SECTIONS 38-73-455 AND 38-73-457 AS PERTAINING TO UTILIZATION OF THE UNDERWRITING ASSOCIATION RATE PLANS BY INSURERS; TO AMEND SECTION 38-73-1420, RELATING TO INSURANCE RATING ORGANIZATIONS, THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE THE EXPENSE COMPONENT, AND USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION REQUIRING THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION TO FILE AN EXPENSE COMPONENT FOR RATE OR PREMIUM CHARGES DEVELOPED UNDER RATE PLANS APPROVED BY THE CHIEF INSURANCE COMMISSIONER, AND INCLUDING A PROVISION THAT AUTOMOBILE INSURERS CONTRACTED TO THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION PURSUANT TO SECTION 38-77-590(a) AND ALL INSURERS ON POLICIES OF AUTOMOBILE INSURANCE TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING SHALL UTILIZE THE FINAL RATE OR PREMIUM CHARGES UNDER THE APPLICABLE RATE PLAN APPROVED BY THE CHIEF INSURANCE COMMISSIONER FOR THE UNDERWRITING ASSOCIATION COMPRISING THESE FILED RATES; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT A STUDY TO DETERMINE WHETHER THERE ARE MORE EQUITABLE TERRITORIES IN THIS STATE, WHERE PRIVATE PASSENGER AUTOMOBILE INSURERS COMPETE, THAN NOW EXIST WHICH WOULD ALLOW A GREATER DEGREE OF OPEN-MARKET COMPETITION; TO PROVIDE THAT ANY PERSON WHO SHALL OPERATE OR ALLOW AN UNINSURED MOTOR VEHICLE TO BE OPERATED SHALL SUFFER THE IMMEDIATE IMPOUNDMENT OF SUCH VEHICLE UNTIL SUCH TIME AS HE POSTS LIABILITY INSURANCE IN THE AMOUNT REQUIRED BY CHAPTER 77, TITLE 38, AND PAYS ANY STORAGE AND IMPOUNDMENT FEES, TOGETHER WITH ANY OTHER FINES OR FEES IMPOSED FOR THE OPERATION OF AN UNINSURED MOTOR VEHICLE; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER BY A CERTAIN DATE TO PRESENT IN WRITING TO THE GOVERNOR AND THE GENERAL ASSEMBLY A PROPOSED UNIFORM MERIT RATING PLAN AS AUTHORIZED UNDER SECTION 38-73-760 WITH SURCHARGES COMPUTED AS A PERCENT OF THE PREMIUM, BUT IN ALL OTHER ASPECTS CONFORMING IN PRINCIPLE TO THE EXISTING MERIT RATING PLAN; AND TO REPEAL SECTIONS 38-73-1410, RELATING TO INSURANCE RATING ORGANIZATIONS AND THE PROVISION THAT THE REFILING OF FINAL RATES OR PREMIUM CHARGES PREVIOUSLY APPROVED IS NOT REQUIRED, 38-73-1425, RELATING TO INSURANCE RATING ORGANIZATIONS AND THE PROVISIONS REGARDING THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, 38-77-510, RELATING TO THE REINSURANCE FACILITY, 38-77-595, RELATING TO THE REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF OTHERWISE INELIGIBLE APPLICANTS FOR DESIGNATION, 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGE BE DISPLAYED, 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE INCLUSION OF RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, AND 38-77-625, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT THERE SHALL BE NO INCREASE IN THE RECOUPMENT CHARGE UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3638 -- Reps. Wilkins, Clyborne, Huff, Quinn, Wright, Corning and Baxley: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL BREATH TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN OPERATORS OF MOTOR VEHICLES, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED TWENTY DAYS THE TIME A DRIVER'S LICENSE MUST BE SUSPENDED FOR REFUSAL TO SUBMIT TO A CHEMICAL BREATH TEST, AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE WHOSE BLOOD ALCOHOL CONCENTRATION IS TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE MUST HAVE HIS DRIVER'S LICENSE SUSPENDED FOR A PERIOD OF THREE MONTHS WHETHER OR NOT A CRIMINAL CONVICTION RESULTS, TO ESTABLISH CERTAIN PROCEDURAL REQUIREMENTS PERTAINING TO THIS PROVISION, AND TO ESTABLISH CERTAIN PROCEDURES WHEREBY PERSONS WHO REFUSE TO SUBMIT TO CHEMICAL BREATH TESTS OR WHOSE BLOOD ALCOHOL CONCENTRATION IS TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE SHALL HAVE THEIR DRIVER'S LICENSES IMMEDIATELY SEIZED AND THE REQUIRED SUSPENSION EXPIDITED.
Referred to Committee on Judiciary.
S. 66 -- Senator Stilwell: A BILL TO AMEND SECTION 40-60-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO REQUIRE A REAL ESTATE LICENSEE TO MAKE CERTAIN SPECIFIC DISCLOSURES WHEN PERFORMING ANY MARKET ANALYSIS.
Referred to Committee on Labor, Commerce and Industry.
S. 387 -- Senator Drummond: A BILL TO AUTHORIZE THE TRUSTEES OF GREENWOOD SCHOOL DISTRICT 52 IN GREENWOOD COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.
Rep. D. WILDER asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. KOON objected.
Referred to Laurens Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, March 4.
E.B. McLeod, Jr. Joe E. Brown Joseph T. McElveen, Jr. C. Lenoir Sturkie Thomas E. Huff Ronald C. Fulmer B. Hicks Harwell
LEAVES OF ABSENCE
The SPEAKER granted Rep. WAITES a leave of absence to attend the meeting of the National Conference of State Legislatures on Monitored Retrievable Storage at Yucca Mountain, Nevada.
The SPEAKER granted Rep. CHAMBLEE a leave of absence for the day.
The SPEAKER granted Rep. G. BAILEY a leave of absence for the day.
The SPEAKER granted Rep. McLEOD a leave of absence for the remainder of the day.
Rep. BARBER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 3.
Rep. WILKINS moved that when the House adjourns it adjourn to meet at 2:00 P.M., Monday, March 8 in Statewide Session, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3591 -- Reps. Stuart, Govan, Cobb-Hunter, Felder and Sharpe: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT I OF ORANGEBURG COUNTY TO ISSUE GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME IN AN AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS TO FUND A PRE-KINDERGARTEN THROUGH TWELVE SCHOOL BUILDING COMPLEX; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED, AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
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. 5 -- Senators Williams and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.
The following Bill was taken up.
H. 3610 -- Ways and Means Committee: GENERAL APPROPRIATION BILL. (Abbreviated Title)
Rep. BOAN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3611 -- Judiciary Committee: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)
Reps. HODGES, WILKINS, DELLENEY, JENNINGS, T.C. ALEXANDER, CATO, SPEARMAN and ELLIOTT objected to the Bill.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3218 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A STATE HOSPITAL, SO AS TO INCREASE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS OF AGE AND TO DELETE VOLUNTARY ADMISSION FOR THOSE UNDER SIXTEEN YEARS OF AGE.
H. 3219 -- Rep. Wofford: A BILL TO AMEND SECTION 44-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO ADD REFERENCES TO CHAPTERS OVER WHICH THE COMMISSION HAS AUTHORITY TO EXERCISE CERTAIN POWERS.
H. 3220 -- Rep. Wofford: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.
H. 3375 -- Reps. Huff, Wilkes and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-7-65 SO AS TO PROVIDE THAT THE CHIEF COMMISSIONER OF THE STATE ATHLETIC COMMISSION MAY DISCIPLINE ANY LICENSEE OF THE COMMISSION FOR VIOLATIONS OF APPLICABLE LAW OR REGULATIONS BY LICENSE SUSPENSION OR A CIVIL PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS, TO PROVIDE THAT EACH DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION, AND TO PROVIDE THAT DISCIPLINARY DECISIONS OF THE CHIEF COMMISSIONER ARE APPEALABLE TO THE FULL COMMISSION; AND TO AMEND SECTION 52-7-60, RELATING TO THE DISCIPLINARY AUTHORITY OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE DISCIPLINARY AUTHORITY OF THE COMMISSION EXTENDS TO ANY LICENSEE OF THE COMMISSION.
S. 424 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 426 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO LIMITATION OF PAPERWORK FILED WITH WORKERS' COMPENSATION COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1500, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3351 -- Reps. Carnell and Klauber: A BILL TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY INSTEAD OF FIVE OR MORE MEMBERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8911BD.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-11-260 of the 1976 Code, as last amended by Act 360 of 1992, is further amended to read:
"Section 40-11-260. The board may reissue a license to any a person whose license has been revoked if five or more a majority of the members of the board present vote in favor of such reissuance for reasons the board may deem sufficient."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T.C. ALEXANDER 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. 3400 -- Reps. Harwell, Rudnick, Elliott, Jennings, McKay, Kirsh, Boan, Hodges, J. Harris, Spearman, Gonzales and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN ASSIGNMENTS OR COLLATERAL ASSIGNMENTS OF RENTS, ISSUES, OR PROFITS ARE VALID, ENFORCEABLE AND PERFECTED.
Rep. T.C. ALEXANDER explained the Bill.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 87 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 61-3-1000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WHICH INDICATE WHETHER THE BUSINESS IS OPEN OR CLOSED.
Rep. WHIPPER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3057 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.
Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3105 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2535 SO AS TO MAKE IT A MISDEMEANOR OFFENSE, EXCEPT UNDER CERTAIN CIRCUMSTANCES, TO STOP, STAND, OR PARK A VEHICLE IN FRONT OF, ADJACENT TO, OR INSIDE A DESIGNATED FIRE LANE, AND TO PROVIDE FOR PUNISHMENT FOR THIS VIOLATION IN THE SAME MANNER AS PROVIDED IN SECTION 56-3-1970 FOR UNLAWFULLY PARKING A VEHICLE IN A PARKING PLACE CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10203JM.93).
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 56-5-2535. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device, no person shall stop, stand, or park a vehicle, whether occupied or not, except momentarily to pick up or discharge passengers, in front of, adjacent to, or inside a designated fire lane.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction and notwithstanding any other provision of law, must be punished in the same manner as provided in Section 56-3-1970 for unlawfully parking a vehicle in a parking place clearly designated for handicapped persons.
All law enforcement officers issuing tickets on public and private property and State Law Enforcement Division - licensed security officers of shopping centers and business and commercial establishments are authorized to issue a uniform parking violation ticket to the vehicle for violations of this section in the same manner as provided in Section 56-3-1971 to 56-3-1974."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. HOLT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3112 -- Reps. Wilkins and Hodges: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4251AL.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/SECTION 2. Section 44-53-375 of the 1976 Code, as last amended by Act 604 of 1990, is further amended to read:
"Section 44-53-375. (A) Any A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be imprisoned for a term of not less than two years nor more than five years and fined not less than five thousand dollars. For a first offense the court may, upon approval of the solicitor, may require as part of any a sentence that the offender enter and successfully complete a drug treatment and rehabilitation program. For;
(2) for a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than four years nor more than seven years and fined not less than ten thousand dollars. For;
(3) for a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.
(B) Any a person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction,:
(1) for a first offense, must be sentenced to a term of imprisonment of not less than fifteen years nor more than twenty fifteen years and fined not less than twenty-five thousand dollars. For;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not less than twenty-five years nor more than thirty twenty-five years and fined not less than fifty thousand dollars. For;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not less than thirty years nor more than forty thirty years and fined not less than one hundred thousand dollars.
Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.
(C) Any A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of one hundred ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Section Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as 'trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished by a mandatory term of imprisonment of twenty-five years and a fine of fifty thousand dollars as follows if the quantity involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(b) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;
(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.
(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN 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.
S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3605 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO SPECIAL NEEDS FINANCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1535, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HARRELSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3606 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO THE DOWNPAYMENT ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1534, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HARRELSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
On motion of Rep. WILKINS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.
On motion of Rep. LANFORD, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Medical, Military, Public and Municipal Affairs.
H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.
The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day.
The following Concurrent Resolution was taken up.
H. 3535 -- Reps. Harvin and Canty: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 378 BETWEEN INTERSTATE I-95 AND THE TOWN OF TURBEVILLE "CLARENCE E. COKER HIGHWAY" IN HONOR OF C.E. COKER AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.
Whereas, Clarence Epps Coker was born in the Puddin Swamp community near what is now the Town of Turbeville in Clarendon County on September 5, 1896; and
Whereas, in 1916, he and Laura Jane Dennis were married at Manning, and they became the parents of one daughter and five sons, namely the Honorable Gerald Ray Coker, Colonel Larry Warren Coker, the Honorable Donald Grey Coker, all of Turbeville, Dr. Homer Coker of Carrollton, Georgia, Mrs. Laura Coker Thigpen of Nashville, Tennessee, and Dr. Clarence E. Coker, Jr., of Manning; and
Whereas, C.E. Coker and his family have meant much to their community for many years and are known for their caring attitude and commitment to community improvement; and
Whereas, Mr. Coker, who died in 1980, helped organize the local service club -- The Ruritan Club -- in 1950 and was an active member of that organization for many years; and
Whereas, when his community needed a bank, he participated in the organization of The Citizens Bank and served on the board and as vice president for many years; and
Whereas, it is entirely fitting that the portion of Highway 378 between Interstate I-95 and the Town of Turbeville be named "Clarence E. Coker Highway" in honor of this outstanding and giving man and that appropriate markers or signs be placed on the highway reflecting this designation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to name the portion of Highway 378 between Interstate I-95 and the Town of Turbeville "Clarence E. Coker Highway" in honor of C.E. Coker and to place appropriate markers or signs on the highway reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation and to the family of C.E. Coker.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 445 -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON BYPASS AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.
Rep. TUCKER moved to adjourn debate upon the Concurrent Resolution until Wednesday, March 10, which was adopted.
Rep. PHILLIPS moved to dispense with the Motion Period.
As a first substitute Rep. DAVENPORT moved to recall H. 3446 from the Labor, Commerce and Industry Committee.
As a second substitute Rep. T.C. ALEXANDER moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
Rep. CARNELL, from the Laurens Delegation, submitted a favorable report, on:
S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3639 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 19 SO AS TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 35 IN DARLINGTON COUNTY AS "OLD CHARLESTON SCENIC HIGHWAY".
Referred to Committee on Education and Public Works.
H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A 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 PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.
On motion of Rep. HASKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3641 -- Reps. J. Brown, Stone, McMahand, Beatty and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-31-60 AND 6-1-60 SO AS TO PROHIBIT AN ENTITY SUPPLYING WATER TO SUBSCRIBERS FROM BILLING THE OWNER OF THE PROPERTY FOR WATER SUPPLIED TO LESSEES OF THE PROPERTY WHO HAVE SUBSCRIBED FOR WATER AND WHO HAVE NOT PAID FOR THE WATER SUPPLIED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3642 -- Reps. J. Brown, Anderson, McMahand, Littlejohn, Stone, Moody-Lawrence and Beatty: A BILL TO AMEND SECTION 23-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF DEPUTY SHERIFFS, SO AS TO PROVIDE FOR REMOVAL OR DISCHARGE FOR CAUSE; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO POWERS OF THE COUNTY GOVERNING BODY, SO AS TO PROVIDE GRIEVANCE PROCEDURES FOR EMPLOYEES OR APPOINTEES OF THE SHERIFF'S DEPARTMENT.
Referred to Committee on Judiciary.
The following was introduced:
H. 3643 -- Reps. Keyserling, Richardson, Cato, Clyborne, Vaughn, Barber, Hutson, D. Smith, Thomas, Snow, Simrill, Scott, Corning, Quinn, Hallman, Breeland, Inabinett, Rogers, Townsend, Shissias, Stille, Byrd, Holt, P. Harris, Harrison, Wilkins, Law, Robinson, Haskins, Huff, Walker, Littlejohn, Allison, Graham, J. Bailey, Wells, Trotter, Davenport, Baker, Witherspoon, Lanford and Harrell: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REFRAIN FROM ANY DEVELOPMENT OF THE SAVANNAH RIVER SITE AS A TEMPORARY STORAGE SITE FOR SPENT NUCLEAR FUEL RODS FROM OTHER STATES.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. J. BAILEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3228 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE ON THE DREHER ISLAND ROAD BETWEEN LEXINGTON AND NEWBERRY COUNTIES AS THE "ADAMS CAMP BRIDGE".
H. 3581 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO EXPRESS THE SOUTH CAROLINA GENERAL ASSEMBLY'S AND THE STATE OF SOUTH CAROLINA'S SUPPORT FOR THE ORGAN AND TISSUE DONATION PROGRAMS AND TO MEMORIALIZE CONGRESS TO DESIGNATE THE WEEKS BEGINNING APRIL 18, 1993, AND APRIL 17, 1994, AS "NATIONAL ORGAN TISSUE DONOR AWARENESS WEEK" IN EACH OF THESE YEARS.
H. 3622 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING COACH BURNEY BOURNE, CHERAW HIGH SCHOOL FOOTBALL COACH, FOR BEING HONORED BY WBTW, CHANNEL 13, AS THE 1992 CO-COACH OF THE YEAR.
H. 3623 -- Reps. Sheheen, Carnell, P. Harris, McAbee, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. ALBERT B. SABIN, WORLD-RENOWNED DEVELOPER OF THE ORAL POLIO VACCINE AND MEDICAL UNIVERSITY OF SOUTH CAROLINA FACULTY MEMBER, UPON HIS DEATH.
At 11:10 A.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Daly Alexander of Lee County, to meet at 2:00 P.M. Monday, March 8, in Statewide Session.
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