Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Lord, Whose blessings to us are as numerous as the stars above and as varied as the sands of the sea, accept our thanks for these blessings that come not because we deserve them, but because of Your unlimited concern for all Your children. Make of us good stewards of Your blessings as we know that those who get along in Your world are people who are constantly looking for opportunities, and if they cannot find opportunities, they make them. Move us to aspire to things beyond those already accomplished as we grow in the direction of our Creator's expectations of us.
Hear, our Father, our prayer made in praise and thanksgiving. 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. WILKES moved that when the House adjourns, it adjourn in memory of Ella Castles of Chester, which was agreed to.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Textile Manufacturers Association, Plant Manager's Division for a reception, May 5, 1993, 6:00 P.M. - 8:00 P.M. at The Town House.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The USC Board of Trustees and MUSC Board of Trustees for a reception, May 11, 1993, 6:00 P.M. - 8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Primary Care Association for a reception, May 12, 1993, 6:00 P.M. - 7:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. J. WILDER, from the Barnwell Delegation, submitted a favorable report, on:
H. 3953 -- Rep. J. Wilder: A BILL TO PROVIDE PAY FOR SERVICES RENDERED FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT 29 BOARD OF TRUSTEES IN BARNWELL COUNTY, AND TO REPEAL ACT 582 OF 1992 RELATING TO PROVIDING A PER DIEM ALLOWANCE FOR MEMBERS OF THE BOARD.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, Reps. J. BROWN, NEAL, MOODY-LAWRENCE and BREELAND, for the minority, submitted an unfavorable report, on:
H. 3569 -- Reps. Graham, Klauber, Trotter, Simrill, Cato, Marchbanks, A. Young, Quinn, Haskins, Harrison, Cooper, P. Harris, Wofford, Gamble, Townsend, H. Brown, Littlejohn, Kelley, Robinson, Wright, Meacham, Wilkins, Vaughn, Farr, Allison, Fair, Lanford, Stuart, Baker, Davenport, Stone, Corning, J. Wilder, Hutson and Walker: A BILL TO PROVIDE FOR THE DISQUALIFICATION OF HOMOSEXUAL AND BISEXUAL PERSONS FROM SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD, PROVIDE FOR THE SEPARATION FROM SERVICE OF SUCH PERSONS, AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 135 -- Senators Rose, Reese and McGill: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE LIST OF CERTAIN MATTERS THAT ARE DECLARED TO BE PUBLIC INFORMATION, SO AS TO ADD TO THAT LIST THE CONTENTS OF ALL RECOMMENDATIONS OR REPORTS GIVEN BY THE LEGISLATIVE AUDIT COUNCIL STAFF TO THE LEGISLATIVE AUDIT COUNCIL.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS INCLUDING PROVISIONS FOR FEES, AND PENALTIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3246 -- Reps. H. Brown, Trotter, Allison, Hutson, Stuart, Fair, Meacham, Chamblee, Koon, Kelley, G. Bailey, Hallman, A. Young, Fulmer, Keegan, Law, Townsend, Sturkie, Jaskwhich, Rhoad, Holt, Corning, Sharpe, Wofford, Stone, Wells, Shissias, Marchbanks, Williams, Riser, Stille, Gamble, J. Wilder, Cato, Witherspoon, Klauber, P. Harris, Stoddard, Spearman, Snow, Baker, Phillips, J. Harris and Robinson: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 78 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1075 SO AS TO PROHIBIT AN INSURER FROM INCREASING THE PREMIUM ON AN AUTOMOBILE LIABILITY INSURANCE POLICY SOLELY AS A RESULT OF A CLAIM FOR AN AUTOMOBILE ACCIDENT FILED BY AN INSURED IF THE INSURED WAS NOT AT FAULT NOR CONTRIBUTORILY NEGLIGENT; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO PROVIDE FOR THE INCLUSION OF THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30(C); TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT ON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO EXPAND THE EXCEPTIONS WITH RESPECT TO ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30(B); TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND SHALL INSTRUCT THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE INSURANCE COVERAGE, SO AS TO DELETE THE PROVISIONS OF THAT SECTION AND PROVIDE THAT AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE, INCLUDING COMPREHENSIVE PHYSICAL DAMAGE, COLLISION, FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER AND THAT NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE DEFINITION OF "DAMAGES", SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO QUALIFY "DAMAGES" AS "ACTUAL DAMAGES" AND REQUIRE AN INSURER TO OFFER AN INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, PROVIDE THAT IF AN INSURED IS ENTITLED TO UNINSURED MOTORIST OR UNDERINSURED MOTORIST COVERAGE UNDER MORE THAN ONE POLICY, THE MAXIMUM AMOUNT THE INSURED MAY RECOVER MAY NOT EXCEED THE HIGHEST LIMIT OF SUCH COVERAGE PROVIDED FOR ANY ONE VEHICLE UNDER ANY ONE POLICY, AND PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT ON A PRESCRIBED FORM; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND OTHER MATTERS AND SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN LANGUAGE AND REQUIRE THAT SECURITY BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED BE INSURED, SO AS TO DEFINE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT, UPON THE LOSS OF INSURANCE, THE INSURED OBTAIN NEW INSURANCE OR SURRENDER VEHICLE REGISTRATION AND PLATES, WRITTEN NOTICE BY THE INSURER, SUSPENSION OF REGISTRATION AND PLATES, APPEAL OF SUSPENSION, ENFORCEMENT, AND PENALTIES, SO AS TO DELETE CERTAIN LANGUAGE, FURTHER DESCRIBE AND QUALIFY A MOTOR VEHICLE WHICH IS OR BECOMES AN UNINSURED MOTOR VEHICLE, AND DEFINE THE RESIDENT FOR WHOM THE LAPS OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT UNDER SECTION 38-73-760; TO AMEND CHAPTER 10 OF TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION, AND FINANCIAL SECURITY, BY ADDING AN ARTICLE 5 SO AS TO ENACT PROVISIONS FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT INSURERS OTHER THAN THOSE DESIGNATED AND APPROVED AS SPECIALIZED INSURERS BY THE CHIEF INSURANCE COMMISSIONER MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES, IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND CHAPTER 77 OF TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING AN ARTICLE 13 SO AS TO PROVIDE FOR A JOINT UNDERWRITING ASSOCIATION AND PROVIDE, AMONG OTHER THINGS, FOR THE ABOLITION OF THE REINSURANCE FACILITY UPON A CERTAIN DATE, THAT THE ADMINISTRATION OF THE PHASE OUT OF THE FACILITY IS TRANSFERRED TO THE ASSOCIATION, AND THAT, AS OF A CERTAIN DATE, THE FACILITY RECOUPMENT CHARGE MUST NOT BE INCLUDED IN THE RATE OR PREMIUM CHARGED BY THE INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE TO DRIVERS WHO QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE AN AUTOMOBILE INSURER TO OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AS DEFINED BY SECTION 38-78-30 AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CERTAIN CONVICTIONS OCCURRING ON OR AFTER JANUARY 1, 1995; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, INCREASE THE PENALTIES, INCLUDING PROVISIONS FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AMONG OTHER THINGS; TO PROVIDE THAT, AFTER SEPTEMBER 30, 1994, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, AND PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE ASSOCIATION SHALL BE SET BY THE ASSOCIATION'S BOARD OF DIRECTORS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE AND THAT THE FORM MUST BE AS PRESCRIBED BY REGULATION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT UPON THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY TO FILE AND EXPENSE COMPONENT AND USE OF THE COMPONENT AFTER APPROVAL, SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN IN THE SAME POLICY, WITH EXCEPTIONS AND QUALIFICATIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT INSURERS AND AGENTS MAY NOT REFUSE THE ACCEPTANCE OF AUTOMOBILE INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO AUTOMOBILE INSURANCE, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, 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, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SO AS TO SUBSTITUTE THE JOINT UNDERWRITING ASSOCIATION FOR THE REINSURANCE FACILITY AND PROVIDE THAT AN INSURER MAY NOT CEDE COVERAGES UNDER A POLICY THAT IT IS NOT MANDATED BY LAW TO WRITE EXCEPT FOR TORT LIABILITY AND PERSONAL PROTECTION COVERAGES AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE FOR A SEVERABILITY CLAUSE, INCLUDING, AMONG OTHER THINGS, A PROVISION THAT IF SECTION 38-78-110 IS FOUND TO BE UNCONSTITUTIONAL OR INVALID, PERSONAL PROTECTION INSURERS HAVE NO OBLIGATION TO PAY PERSONAL PROTECTION BENEFITS WITH RESPECT TO ACCIDENTS OCCURRING ON OR AFTER THE DATE OF THE FINDING OF SUCH UNCONSTITUTIONALITY OR INVALIDITY AND, IN ADDITION, ARE SUBROGATED TO ALL OF THE RIGHTS OF PERSONAL PROTECTION INSUREDS FOR ALL PREVIOUS SUCH BENEFITS PAID.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3715 -- Rep. Rogers: A BILL TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "DUMBWAITER", AND "DORMANT FACILITY" AND TO PROVIDE DEFINITIONS FOR THE TERMS "TEMPORARILY DECOMMISSIONED FACILITY" AND "HANDICAP LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ELEVATOR CODE AND THE ISSUANCE OF REGULATIONS, SO AS TO PROVIDE FOR CONTROL OR PREVENTION OF ACCESS TO TEMPORARILY DECOMMISSIONED FACILITIES AND QUALIFICATIONS FOR OBTAINING A SPECIAL INSPECTOR'S LICENSE, REVOCATION OF A SPECIAL INSPECTOR'S LICENSE, DISQUALIFICATION OF SPECIAL INSPECTORS, AND ETHICS OF SPECIAL INSPECTORS; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE REFERENCES TO "PERMIT" AND "PERMITS" AND SUBSTITUTE "CERTIFICATE" AND "CERTIFICATES" THEREFOR, PROVIDE A REFERENCE FOR "HANDICAP LIFT", DELETE CERTAIN LANGUAGE, AND PROVIDE THAT CERTIFICATES MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION BY THE DEPARTMENT OF LABOR THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID; TO AMEND SECTION 41-16-110, RELATING TO THE ELEVATOR CODE AND ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF, SO AS TO DELETE PROVISIONS RELATING TO THE COMMISSIONER OF LABOR ORDERING A PROPERTY OWNER TO MAKE CHANGES NECESSARY FOR COMPLIANCE UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE COMMISSIONER SUSPENDING OR REVOKING AN OPERATING PERMIT OR REFUSING TO ISSUE AN OPERATING PERMIT FOR A FACILITY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT IN CASES WHERE THE FEES ARE NOT PAID WITHIN SIXTY DAYS, THE ATTORNEY GENERAL SHALL BRING AN ACTION AGAINST THE ASSESSED OWNER OR OPERATOR, PROVIDE FOR THE DEPOSIT OF ANY AMOUNTS COLLECTED, AND PERMIT THE STATE TO BE GRANTED COSTS AND ATTORNEYS' FEES FOR THESE ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO THE ELEVATOR CODE AND CIVIL PENALTIES, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE FOR THE ASSESSMENT OF VARIOUS CIVIL PENALTIES IN VARYING AMOUNTS UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND CONDITIONS, REQUIRE ALL AMOUNTS COLLECTED UNDER THIS SECTION TO BE TURNED OVER TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND, AND PROVIDE THAT ANY OWNER, OPERATOR, MANAGEMENT COMPANY, OR CONTRACTOR AFFECTED OR AGGRIEVED BY CERTAIN THINGS MAY PETITION THE COMMISSIONER OF LABOR FOR ADMINISTRATIVE REVIEW.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3717 -- Rep. Rogers: A BILL TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, THE APPLICABILITY OF THESE PROVISIONS, AND EXCEPTIONS TO APPLICABILITY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO CERTAIN "OTHER PLACES OPEN TO THE PUBLIC"; TO AMEND SECTION 41-18-40, RELATING TO DEFINITIONS UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO DELETE CERTAIN LANGUAGE, MAKE CHANGES TO THE DEFINITIONS OF "TEMPORARY DEVICE" AND "SERIOUS INJURY", AND PROVIDE A DEFINITION FOR "CATASTROPHIC ACCIDENT"; TO AMEND SECTION 41-18-60, RELATING TO APPLICATION FOR, AND DURATION AND REVOCATION OF, A PERMIT UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERMIT IS VALID FOR A PERIOD OF UP TO ONE YEAR EXPIRING ON DECEMBER THIRTY-FIRST OF THE YEAR IT IS ISSUED, REQUIRE THAT NOTICE OF PLANNED SCHEDULES BE MAILED TO THE COMMISSIONER OF LABOR AT LEAST SEVEN, RATHER THAN FIFTEEN, DAYS BEFORE THE FIRST INTENDED DATE OF USE, AND PROVIDE THAT CERTAIN VIOLATIONS OF THE AMUSEMENT RIDES SAFETY CODE MAY RESULT IN REVOCATION IF WRITTEN NOTICE OF NONCOMPLIANCE IS SERVED UPON THE OWNER SPECIFYING ANY VIOLATION OF THE PROVISIONS OF THE CODE AND DIRECTING THE OWNER TO CORRECT THE VIOLATIONS WITHIN THE PERIOD SPECIFIED BY THE COMMISSIONER, RATHER THAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE; TO AMEND SECTION 41-18-70, RELATING TO THE INSPECTION OF AN AMUSEMENT DEVICE WHICH MUST BE MADE BEFORE A PERMIT MAY BE ISSUED, SO AS TO PROVIDE THAT THE INSPECTION MUST HAVE BEEN CONDUCTED WITHIN ONE MONTH, RATHER THAN WITHIN ONE YEAR, PRIOR TO THE PERMIT APPLICATION, UNLESS EXTENDED BY CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 41-18-80, RELATING TO INSPECTION PROCEDURES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE COMMISSIONER OF LABOR'S DESIGNEE, PROVIDE THAT, IN THE CASE OF A TEMPORARY DEVICE, BEFORE FIRST OPERATION IN THIS STATE EACH YEAR, RATHER THAN "UPON FIRST ENTRY INTO THE STATE", THE AMUSEMENT DEVICE MUST BE INSPECTED BY THE COMMISSIONER OR SPECIAL INSPECTOR FOR THE PERMIT TO BE ISSUED AND DELETE CERTAIN PROVISIONS; TO AMEND SECTION 41-18-100, RELATING TO THE AMUSEMENT RIDES SAFETY CODE, DISCRIMINATION, OWNER'S DUTIES AFTER SERIOUS INJURY OCCURS, AND INSPECTION AND CORRECTION OF DEFECTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY OWNER OR LESSEE WHO BECOMES AWARE AT A CERTAIN TIME THAT A SERIOUS INJURY HAD OCCURRED SHALL REPORT IT IMMEDIATELY AND IN NO CASE LATER THAN THE END OF THE NEXT BUSINESS DAY, AND PROVIDE THAT WHEN A CATASTROPHIC ACCIDENT, RATHER THAN A SERIOUS INJURY, OCCURS INVOLVING THE OPERATION OF AN AMUSEMENT DEVICE, THE OWNER OR LESSEE SHALL IMMEDIATELY SHUT DOWN THE DEVICE FROM FURTHER USE; TO AMEND SECTION 41-18-110, RELATING TO NOTICE TO OWNERS, LESSEES, AND OPERATORS OF AMUSEMENT DEVICES OF RIGHTS AND OBLIGATIONS UNDER THE AMUSEMENT RIDES SAFETY CODE UPON RECEIPT OF PERMIT APPLICATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST BE FURNISHED BY THE COMMISSIONER OF LABOR ONLY UPON REQUEST; AND TO AMEND SECTION 41-18-150, RELATING TO CIVIL PENALTIES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS PER DEVICE FOR EACH DAY SUCH NONCOMPLIANCE CONTINUES, AND PROVIDE FOR A SIMILAR CIVIL PENALTY FOR A PERSON WHO OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 229 -- Senator Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 609 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 611 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING CHILD LABOR ACT ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1642, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 612 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO SAFETY STANDARDS FOR ELEVATOR FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 613 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING PAYMENT OF WAGES ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3091 -- Reps. Kirsh, Simrill, Moody-Lawrence, Meacham and Delleney: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3172 -- Reps. Vaughn, Moody-Lawrence, Hallman, G. Brown, Littlejohn, Chamblee, G. Bailey, Cato, Haskins, A. Young, Stone, Fulmer, Harwell, Cooper, Jaskwhich, Meacham, Allison, Wells, Huff, Neilson, Walker, Harrell, Hines, McMahand, Robinson, Byrd, Stoddard, Shissias, J. Wilder, Graham, Cromer, Elliott, T.C. Alexander, R. Smith, Corning, Kirsh, Hutson, Harrison, Quinn, Rudnick, D. Wilder and Fair: A BILL TO AMEND SECTION 56-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO PROVIDE THAT THE FEE OF TEN DOLLARS ANNUALLY IS AUTHORIZED FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER WHO LEASES A VEHICLE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3384 -- Reps. Jaskwhich, Meacham, Baker, Fulmer, Clyborne, J. Harris, Rudnick, Kelley, Shissias, Phillips, Keegan, Farr, Hutson and Corning: A BILL TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL STUDY THE FEASIBILITY OF USING EXISTING PUBLIC TRANSPORTATION SYSTEMS AS A METHOD FOR PROVIDING SCHOOL TRANSPORTATION AND SHALL REPORT ITS FINDINGS TO THE APPROPRIATE STANDING COMMITTEES OF THE GENERAL ASSEMBLY NOT LATER THAN JULY 1, 1993.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4133 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE ANDERSON INDEPENDENT-MAIL ON WINNING THE CHARLES E. SCRIPPS AWARD FOR SERVICE IN SUPPORT OF LITERACY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4134 -- Reps. Cobb-Hunter, Inabinett and Breeland: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1993, "WORKERS' MEMORIAL DAY".
Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and
Whereas, many workers die with little attention each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and
Whereas, in South Carolina in fiscal year 1992, twenty-seven workers died from causes as varied as electrocution, falls, and being struck by objects while working; and
Whereas, when these workers died they left behind families that had loved and depended on them; and
Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That April 28, 1993, a day chosen by the unions of the AFL-CIO, be commemorated as "Workers' Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 709 -- Senator Lander: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF WILLIAM DAVID LONGSHORE OF PACOLET, SOUTH CAROLINA AND TO EXTEND ITS SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.
Referred to Laurens Delegation.
S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
Referred to Committee on Ways and Means.
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary.
S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Ways and Means.
S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, J. Carnell Cato Chamblee Cooper Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright
I came in after the roll call and was present for the Session on Wednesday, April 21.
Roland S. Corning Ralph W. Canty Kenneth Kennedy Dave C. Waldrop, Jr. C. Lenoir Sturkie Timothy F. Rogers J. Gary Simrill Jerry N. Govan, Jr. Robert A. Barber, Jr. Joseph H. Neal E.B. McLeod, Jr. Roger M. Young Gilda Cobb-Hunter B. Hicks Harwell Grady A. Brown L. Morgan Martin Richard M. Quinn, Jr. Bessie Moody-Lawrence H. Howell Clyborne, Jr. Alma W. Byrd John G. Felder
LEAVES OF ABSENCE
The SPEAKER granted Rep. A. YOUNG a leave of absence due to the serious illness of her husband.
The SPEAKER granted Rep. BARBER a temporary leave of absence.
Reps. MARTIN and McLEOD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 20.
Announcement was made that Dr. Coleman L. Floyd of Florence is the Doctor of the Day for the General Assembly.
Reps. ALLISON, CROMER and the Lexington County Delegation presented Dr. Carrie Davis, Miss South Carolina, and many other local contestant representatives from across our State and congratulated them for their work in outstanding community service projects in South Carolina.
Rep. SNOW presented to the House the American Dance Ensemble, a nationally recognized dance troupe engaged in the promotion of ethnic American dancers and welcomed them to South Carolina.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, April 22, which was adopted.
H. 3990 -- Reps. Wells, Littlejohn, Allison and Walker: A BILL TO AMEND ACT 906 OF 1962, RELATING TO THE CREATION OF THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO MODIFY THE MEMBERSHIP AND PROVIDE FOR THE HIRING OF ADDITIONAL PERSONNEL.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3372 -- Reps. J. Bailey, Gonzales, Fulmer, Quinn, Hallman, Huff, Harrell, Holt, R. Young, Harrison, Scott, Hodges, Wilkins, Jennings, Tucker and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
H. 3454 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 12-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE THE COUNTY TREASURER TO MARK UPON THE PUBLIC TAX RECORDS REGARDING REAL PROPERTY SOLD FOR TAXES THAT THE FUNDS USED TO PAY THE DELINQUENT TAXES WERE DERIVED FROM A TAX SALE AND THE DATE OF THE SALE.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, April 28, which was adopted.
H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.
The following Bill was taken up.
H. 3455 -- Reps. Spearman and Williams: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO DELETE THE EIGHTEEN YEAR RESIDENCY REQUIREMENT.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 15, by the Committee on Education and Public Works.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
Rep. SPEARMAN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4580AL.93), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, Section 59-111-20(A), SECTION 1, page 3455-1, by inserting before /veteran/ on line 29 /wartime/; and by striking line 39 and inserting /State for at least eighteen years one year and still resides in this State or, if the veteran is deceased, resided in this State for one year before his death, and, in the event/.
Amend further, Section 59-111-20(B), SECTION 1, page 3455-2, on line 30, by striking /a baccalaureate/ and inserting /any type of undergraduate/.
Amend title to conform.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, April 27, which was adopted.
S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
The following Bill was taken up.
H. 3596 -- Reps. R. Smith and Stone: A BILL TO AMEND SECTION 59-67-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPEED LIMIT FOR PUBLIC SCHOOL BUSES AND EXCEPTIONS, SO AS TO PROVIDE THAT NO PUBLIC SCHOOL BUS MAY BE OPERATED IN EXCESS OF FORTY-FIVE, RATHER THAN THIRTY-FIVE, MILES AN HOUR, EXCEPT AS PROVIDED IN SECTION 59-67-525, OR WHEN TRAVELING TO AND FROM SPECIAL EVENTS WHICH NECESSITATE TRAVEL ON INTERSTATE OR STATE PRIMARY HIGHWAYS.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10471AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-67-515 of the 1976 Code, as added by Act 351 of 1992, is amended to read:
"Section 59-67-515. No public school bus may be operated in this State in excess of thirty-five forty-five miles an hour, except as provided in Section 59-67-525 when traveling on a highway with a posted maximum speed limit above fifty-five miles an hour, or when traveling to and from special events which necessitate travel on interstate or state primary highways. Special event variances from the authorized speed limit for public school buses must be obtained by written authorization from the Department of Education. In no instance may the public school bus be authorized to exceed the speed of fifty-five miles an hour. Public school buses are not required to have devices to govern the speed or operation of the vehicles."
SECTION 2. Section 59-67-525 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. PHILLIPS 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 and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3900 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PHILLIPS explained the Joint Resolution.
H. 3901 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR WIL LOU GRAY OPPORTUNITY SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1612, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3902 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1592, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3903 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, RELATING TO LICENSING OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1620, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 641 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 642 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 420 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 41, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-25 SO AS TO REQUIRE AGENTS, BROKERS, AND ADMINISTRATORS TRANSACTING BUSINESS IN THIS STATE FOR MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS TO NOTIFY THE CHIEF INSURANCE COMMISSIONER THAT THE PLANS ARE TRANSACTING OR PROPOSING TO TRANSACT BUSINESS IN THIS STATE, AND TO PROVIDE FOR THE EFFECT OF SUCH NOTICE.
Rep. NEILSON explained the Bill.
The following Joint Resolution was taken up.
H. 3904 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIMINATION OF MEDICALLY NEEDY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WOFFORD explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Thursday, April 22, which was adopted.
The following Bill was taken up.
H. 3240 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-270 SO AS TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO REQUIRE PUMPS WHICH DISPENSE GASOLINE TO BE LABELED WITH A SPECIFIC AMOUNT OF ETHYL, METHYL, OR OTHER FORM OF ALCOHOL WHICH IS MIXED WITH THE GASOLINE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30081DW.93), which was adopted.
Amend the bill, as and if amended, by striking all after the effective clause and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 39-41-225. (A) A retailer dealer shall affix a legible statement of the percentage of ethanol, methanol or a combination thereof to the dispenser of all motor fuel kept, offered, or exposed for sale or sold at retail containing at least two percent by volume of ethanol, methanol, or a combination. A legible statement disclosing the percentage and the type of alcohol included shall be affixed to the front panel of the pump in a position clearly visible from the driver's position and readable at a reasonable distance from the pump. The label shall be in a type one-half the size of the product identity, but in no case less than one-half inch in height, one-sixteenth inch stroke (width of type) and shall be in a color that is in clear contrast with the background. The statement shall be worded as follows: "Contains ____________ % of ethyl/methyl/alcohol."
(B) For purposes of this section, "retail dealer" means any person who owns, operates, controls, or supervises an establishment at which motor fuel is sold or offered for sale to the public.
(C) This section does not prohibit the voluntary inclusion of additional alcohol or additive information.
(D) The Department of Agriculture shall have authority to inspect, sample and test products subject to the labeling requirements of (A) of this section and may promulgate regulations to carry out those duties."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER 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. 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.
Reps. ANDERSON, WILLIAMS, McMAHAND, GOVAN and NEAL objected to the Bill.
The following Bill was taken up.
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10456JM.93), which was adopted.
Amend the bill, as and if amended, by striking Section 40-59-85, as contained in SECTION 1, and inserting:
/"Section 40-59-85. (A) The commission shall ascertain from reliable sources whether or not the past performance record of any applicant for licensing as a residential builder or for registration or certification as a residential specialty contractor is good and whether or not he has the reputation of paying his labor and material bills, as well as carrying out other contracts that he may have entered into.
(B) The application and renewal forms for all licenses, certifications, and registrations issued by the commission shall require the applicant to list any outstanding judgments against him.
(C) The term 'misconduct' as used in Section 40-59-90 includes failure by a residential builder or residential specialty contractor to pay labor or material bills."/
Amend title to conform.
Rep. McLEOD 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. 200 -- Senators Hayes and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
Rep. M.O. ALEXANDER explained the Bill and moved to adjourn debate upon the Bill until Tuesday, April 27, which was adopted.
The SPEAKER granted Rep. BYRD a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 421 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE INVESTMENTS AND LIMITATIONS ON CERTAIN INVESTMENTS, SO AS TO DELETE A REFERENCE TO SECTION 38-11-40(F) AND REPLACE IT WITH A REFERENCE TO SECTION 38-11-50(A)(7); TO AMEND SECTION 38-11-100, RELATING TO INSURANCE INVESTMENTS, CERTAIN ASSETS AS BEING CONSIDERED ADMITTED ASSETS, AND VALUATION, SO AS TO CHANGE CERTAIN CODE SECTION REFERENCES; TO AMEND CHAPTER 21, TITLE 38 OF THE 1976 CODE BY ADDING SECTION 38-21-95 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, FOR PURPOSES OF THE INSURANCE HOLDING COMPANY REGULATORY ACT, NO ACQUISITION OF A DOMESTIC INSURER, WHETHER A MEMBER OF A HOLDING COMPANY SYSTEM OR NOT, BY A CONTROLLING PRODUCER IN ANOTHER STATE MAY BE APPROVED UNLESS THE ACQUIRING PARTY DEMONSTRATES COMPLIANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 38-21-170, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENTS THAT DIVIDENDS AND DISTRIBUTIONS MUST BE REPORTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EACH REGISTERED INSURER SHALL REPORT TO THE CHIEF INSURANCE COMMISSIONER ALL DIVIDENDS AND OTHER DISTRIBUTIONS TO SHAREHOLDERS WITHIN FIVE, RATHER THAN FIFTEEN, BUSINESS DAYS FOLLOWING THE DECLARATION THEREOF AND AT LEAST TEN DAYS PRIOR TO THE PAYMENT THEREOF; TO AMEND SECTION 38-21-260, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE DETERMINATION OF THE ADEQUACY OF AN INSURER'S SURPLUS, SO AS TO REQUIRE FOR CONSIDERATION THE SOURCE OF THE INSURER'S EARNINGS AND THE EXTENT TO WHICH THE REPORTED EARNINGS INCLUDE EXTRAORDINARY ITEMS, SUCH AS SURPLUS RELIEF REINSURANCE TRANSACTIONS AND RESERVE DESTRENGTHENING; AND TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENT FOR NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS, SO AS TO PROVIDE THAT AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION INCLUDES A DIVIDEND OR DISTRIBUTION OF CASH OR OTHER PROPERTY WHOSE FAIR MARKET VALUE TOGETHER WITH THAT OF OTHER DIVIDENDS OR DISTRIBUTIONS MADE WITHIN THE PRECEDING TWELVE MONTHS EXCEEDS THE GREATER OF TEN PERCENT OF THE INSURER'S SURPLUS AS REGARDS POLICYHOLDERS AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT, OR THE NET GAIN FROM OPERATIONS FOR LIFE INSURERS OR THE NET INCOME FOR NON-LIFE INSURERS, NOT INCLUDING NET REALIZED CAPITAL GAINS OR LOSSES AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10457JM.93), which was adopted.
Amend the bill, as and if amended, page 11, lines 9 through 11, by striking SECTION 7 and inserting:
/SECTION 7. Sections 1, 2, and 3 of this act take effect upon approval by the Governor and Sections 4, 5, and 6 take effect October 1, 1993./
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. G. BAILEY moved to adjourn debate upon the following Bill until Wednesday, April 28, which was adopted.
S. 610 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 40-59-70, 40-59-77, 40-59-80, 40-59-90, 40-59-100, 40-59-110, 40-59-130, 40-59-140, 40-59-160, ALL AS AMENDED, AND SECTIONS 40-59-75 AND 40-59-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO RESIDENTIAL HOME BUILDERS, SO AS TO ESTABLISH A FEE SCHEDULE UNTIL THE GENERAL ASSEMBLY APPROVES THE FEES BY REGULATION; DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIALTY CONTRACTOR; REQUIRE THAT A RESIDENTIAL SPECIALTY CONTRACTOR POST A BOND IF THE COST OF THE UNDERTAKING EXCEEDS FIVE THOUSAND DOLLARS, AND PROVIDE FOR RECIPROCITY FOR A RESIDENTIAL BUILDER'S LICENSE TO THOSE BUILDERS IN GOOD STANDING IN OTHER STATES.
The following Bill was taken up:
S. 614 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON INCLUDING THE STATE OF SOUTH CAROLINA PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.
Rep. NEILSON explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. NEILSON having the floor.
Rep. RUDNICK withdrew her objection to H. 3129 however, other objections remained upon the Bill.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 657 -- Senators Waldrep and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE A PROCEDURE BY WHICH A COUNTY MAY CREATE A COUNTY HUMAN RESOURCES COMMISSION AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Labor, Commerce and Industry.
H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-10-245, CODE OF LAWS OF S. C., 1976, RELATING TO THE PER DIEM FINE FOR A LAPSE IN REQUIRED COVERAGE, SO AS TO DECREASE THE FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO THIRTY DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Labor, Commerce and Industry.
H. 3716 -- Rep. Davenport: A BILL TO AMEND SECTION 56-10-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED IS INSURED AND PROOF OF INSURANCE, SO AS TO DELETE CERTAIN LANGUAGE AND ADD PROVISIONS AND LANGUAGE, INCLUDING, AMONG OTHER THINGS, A PROVISION THAT THE REGISTRATION APPLICANT'S CERTIFICATE THAT THE MOTOR VEHICLE IS INSURED MUST BE ACCOMPANIED BY A CERTIFICATE OF INSURANCE EXECUTED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF AN INSURANCE COMPANY DATED WITHIN THIRTY DAYS OF THE REGISTRATION.
On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 615 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1592, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
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.
Rep. R. YOUNG moved to adjourn debate upon the Senate amendments, which were adopted.
The following Bill was taken up.
H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Rep. J. BROWN moved to table the Bill.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Harvin Kirsh McMahand Moody-Lawrence Rudnick
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barber Baxley Boan Cato Chamblee Clyborne Cobb-Hunter Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Govan Graham Hallman Harrell Harris, J. Harrison Harwell Haskins Hodges Holt Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Klauber Koon Lanford Law Marchbanks Martin Mattos McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Tucker Waites Waldrop Walker Whipper Wilder, J. Wilkes Wilkins Wofford Worley
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill on third reading.
The Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 566 -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO NAME THE DIVISION OF MOTOR VEHICLES OFFICE BUILDING OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE BUILT AT BALLENTINE IN RICHLAND COUNTY IN HONOR OF A. W. UTSEY, JR.
Whereas, A. W. "Will" Utsey, Jr., served as director of the Division of Motor Vehicles of the South Carolina Department of Highways and Public Transportation from 1986 until his retirement in 1988; and
Whereas, during his years as director, the Division of Motor Vehicles handled well over two million vehicle registrations and served over two million licensed drivers annually; and
Whereas, Mr. Utsey, a resident of Chapin and a native of Bamberg County, joined the highway department in 1957 as a part-time junior clerk in the motor vehicle division, and following his graduation from the University of South Carolina, he joined the department full-time in the driver records section; and
Whereas, in 1960, Mr. Utsey took charge of administering the newly enacted Uninsured Motorists Act, and when the uninsured motorists and financial responsibility sections were combined in 1966, he was appointed supervisor; and
Whereas, he was appointed assistant director of the Division of Motor Vehicles in July, 1975, and held that position until he was promoted to director, upon the retirement of Emory P. Austin, Jr.; and
Whereas, he served as president and a member of the board of directors for Region 2 of the American Association of Motor Vehicle Administrators and on the International Board of Directors; and
Whereas, the members of the General Assembly and the South Carolina State Highways and Public Transportation Commission wish to recognize Mr. Utsey in a tangible way for his years of distinguished public service. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the Division of Motor Vehicles Office Building of the South Carolina Department of Highways and Public Transportation in Ballentine, scheduled to open in 1993, be named in honor of A. W. "Will" Utsey, Jr.
Be it further resolved that a copy of this resolution be forwarded to Mr. Utsey and the South Carolina Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 646 -- Senators Elliott, Rankin, Greg Smith, Leventis and Saleeby: A CONCURRENT RESOLUTION TO REQUEST THE FEDERAL HIGHWAY ADMINISTRATION TO EXPAND THE NATION'S INTERSTATE LINKAGE TO INCLUDE THE CONSTRUCTION OF INTERSTATE I-73 FROM DETROIT, MICHIGAN, SOUTHEASTERLY THROUGH OHIO, WEST VIRGINIA, NORTH CAROLINA, AND THE COASTAL SECTIONS OF SOUTH CAROLINA.
Whereas, much consideration is being given to the enhancement of the Nation's Federal Highway System; and
Whereas, the mission of this effort is to enhance commerce and highway safety; and
Whereas, the existing highways serving Myrtle Beach and the Grand Strand area are already calling for more traffic than they were designed to handle; and
Whereas, a proposal has been developed for a new Interstate Highway (I-73), beginning at Detroit, Michigan, and stretching southeasterly through Ohio, West Virginia, North Carolina, and the coastal sections of South Carolina; and
Whereas, I-73 would enhance South Carolina's tourism economy by serving Myrtle Beach, Georgetown, and Charleston, South Carolina; and
Whereas, the continued growth of the State in the coastal zone is being threatened by lack of sufficient highways serving the region; and
Whereas, highways serving the Grand Strand are inadequate to serve the thirteen million annual travelers to the Grand Strand area. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the State of South Carolina give full support to the construction of the I-73 linkage from Detroit, Michigan, to Charleston, South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Chairman of the South Carolina Department of Highways and Public Transportation, the Governor, Chairman of the State Development Board, Federal Highway Administration, and delivered to the Chairman of the Congressional Public Hearing on the matter in Bluefield, West Virginia, in April, 1993.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. BOAN moved that the House recur to the Morning Hour.
Rep. HODGES moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3940 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, APRIL 22, 1993, AS "UNIVERSITY OF SOUTH CAROLINA COLLEGE OF LIBRARY AND INFORMATION SCIENCE DAY" IN RECOGNITION OF ITS 20TH ANNIVERSARY.
H. 4133 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE ANDERSON INDEPENDENT-MAIL ON WINNING THE CHARLES E. SCRIPPS AWARD FOR SERVICE IN SUPPORT OF LITERACY.
At 11:55 A.M. the House in accordance with the motion of Rep. WILKES adjourned in memory of Ella Castles of Chester, to meet at 10:00 A.M. tomorrow.
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