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:
Eternal God, with a profound sense of Your majesty and mercy, we approach Your throne of grace to pledge our allegiance to Your divine will. Grant that in the hushed and holy moments of this prayer, we may find our hearts and minds quickened and strengthened for the duties and responsibilities of this day and the great adventure of the unknown future. Teach us to live in calmness and confidence, in patience and perseverance, trusting always in Your guidance. Enrich our lives with understanding and good will, and with Your presence that never fails, forgets or forsakes.
Lord, in Your mercy, hear our prayer. 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. STODDARD moved that when the House adjourns it adjourn in memory of Inez Hendricks of Gray Court, which was agreed to.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments and,
Rep. BEATTY for the minority, submitted an unfavorable report on:
H. 3691 -- Reps. Harrison, Sharpe, Quinn, Kinon, H. Brown, Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith, Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED BY LAW.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3073 -- Reps. Cooper, Waldrop, Chamblee, Townsend, Cato, Gonzales, Beatty, P. Harris, Stille and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3264 -- Rep. Hodges: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO DELETE THE PROVISIONS FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET THE SEASON IN GAME ZONE 4 AND PROVIDE FOR THE SEASON IN THAT GAME ZONE.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3346 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-354 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS IN GAME ZONE 2 AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3750 -- Reps. McKay, Keyserling, Rogers, M.O. Alexander, Mattos, Hodges, Anderson, Phillips, McMahand, McCraw, Askins, Canty, G. Brown, G. Bailey, J. Brown, Witherspoon, Hines, Harwell, Neal, Farr, Elliott, A. Young, Wilkins, Houck, Boan, Snow, Neilson, Cooper, Kennedy, Baxley, Kinon, Byrd, Riser and Barber: A HOUSE RESOLUTION TO SUPPORT T. S. RAGSDALE CO., INC., A PRIVATELY OWNED COMPANY AND ONE OF THE LARGEST TAXPAYERS IN FLORENCE COUNTY, AS THE COMMISSION BUYER ON THE SOUTH CAROLINA FLUE-CURED AND BURLEY TOBACCO MARKETS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 512 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, 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, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE 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, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; 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, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST 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 DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "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 AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, 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, 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 THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL 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 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 FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE 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 CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING 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, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, 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 AN AUTOMOBILE INSURANCE 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 AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3594 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-105 SO AS TO PROVIDE FOR A REFUND OF A PORTION OF A BIENNIAL LICENSE OR PERMIT WHEN A LICENSEE OR PERMITTEE DIES OR CLOSES THE BUSINESS.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3601 -- Reps. Spearman, White and McAbee: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS INCOME TAX CREDIT, SO AS TO PROVIDE THAT COUNTIES WITH A POPULATION LESS THAN TWENTY THOUSAND ACCORDING TO THE 1990 UNITED STATES CENSUS ARE CONSIDERED LESS DEVELOPED COUNTIES FOR PURPOSES OF THE CREDIT AMOUNT ALLOWED.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 539 -- Senator Drummond: A BILL TO AMEND SECTIONS 9-1-1560 AND 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS RETIRING FROM THOSE SYSTEMS AFTER OCTOBER 15, 1992, AT ANY AGE AS A RESULT OF DISABILITY MUST RECEIVE A BENEFIT EQUAL TO AT LEAST FIFTEEN PERCENT OF AVERAGE FINAL COMPENSATION.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3828 -- Reps. Wilkins, Felder, Clyborne, Kirsh, McKay, Snow, J. Bailey, Holt, Hallman, Gonzales, Cato, Fulmer, Harrell, Wells, Thomas, A. Young, Baker, Walker, Jaskwhich, Vaughn, Haskins, Inabinett, Hutson, R. Young, Law, Breeland, Allison, Wright, Riser, Barber, Williams, Quinn, Marchbanks and Harrison: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 721 -- Senator Richter: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND JOSEPH J. MURPHY OF CHARLESTON, SOUTH CAROLINA, ON THE COMMEMORATION OF HIS 50TH ANNIVERSARY IN THE CATHOLIC PRIESTHOOD AND TO THANK HIM FOR HIS DEDICATION TO HIS CHURCH, HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4136 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1497, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4137 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORTING TERMINATION OF SCHOOL DISTRICT PERSONNEL TO STATE DEPARTMENT OF EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1554, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4138 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RECORDS RETENTION SCHEDULE FOR MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1606, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4139 -- Rep. Stone: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT A CHILD, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 352 -- Senators Washington, Jackson, Ford, Glover and Hayes: 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.
Referred to Committee on Education and Public Works.
S. 595 -- Senators Drummond, Russell, J. Verne Smith and Passailaigue: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 643 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 13 SO AS TO CREATE THE PEE DEE AUTHORITY, AND PROVIDE FOR THE AUTHORITY'S MEMBERSHIP, POWERS, AND DUTIES AND RELATED MATTERS.
Referred to Committee on Ways and Means.
S. 702 -- Education Committee: A BILL TO AMEND SECTIONS 59-109-30, 59-109-50, 59-109-70, 59-109-80, 59-109-90, 59-109-100, 59-109-110, 59-109-120, 59-109-130, 59-109-140, AND 59-109-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY ACT FOR PRIVATE NONPROFIT INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE DEFINITIONS AND PROVIDE ADDITIONAL DEFINITIONS; TO REVISE AND ADD ADDITIONAL POWERS TO THE AUTHORITY, INCLUDING THE POWER TO ENTER INTO AGREEMENTS NECESSARY OR INCIDENTAL FOR ISSUING BONDS OR COMPLETING A PROJECT, TO ENTER INTO FINANCING AGREEMENTS, TO MAKE BOND PROCEEDS AVAILABLE BY LOAN PURSUANT TO A FINANCING AGREEMENT, TO LEASE OR SELL PROJECTS PURSUANT TO A FINANCING AGREEMENT, TO PLEDGE OR ASSIGN FUNDS PURSUANT TO A FINANCING AGREEMENT TO THE PAYMENT OF BONDS; TO AUTHORIZE THE AUTHORITY TO ACQUIRE LAND FOR THE ACQUISITION OF PROJECTS; TO AUTHORIZE PROJECTS OWNED BY THE AUTHORITY AND LEASED TO A PARTICIPATING INSTITUTION TO BE TRANSFERRED TO THE INSTITUTION, AND TO AUTHORIZE FINANCING AGREEMENTS TO CONTAIN PROVISIONS ALLOWING OPTIONS TO RENEW A LEASE OR PURCHASE A PROJECT BEFORE RETIREMENT OF THE BONDS, INCLUDING PURCHASE AT LESS THAN FAIR MARKET VALUE; TO PROVIDE ADDITIONAL PROVISIONS WHICH MAY BE INCLUDED IN PROCEEDINGS AUTHORIZING OR TRUST AGREEMENT PROVIDING FOR BONDS AND A RELATED FINANCING AGREEMENT; TO PROVIDE THAT ONLY AMOUNTS PAID BY A PARTICIPATING INSTITUTION PURSUANT TO A FINANCING AGREEMENT ARE PLEDGED TO THE PAYMENT OF THE BONDS; TO PROVIDE THAT FINANCING AGREEMENTS REQUIRE INSTITUTIONS TO COMPLETE PROJECTS IF BOND PROCEEDS ARE INSUFFICIENT, TO MAKE SUFFICIENT PAYMENTS TO PAY PRINCIPAL, INTEREST, AND ANY PREMIUMS ON BONDS, AND TO MAINTAIN RESERVES AS SET BY THE AUTHORITY, AND TO ALLOW THE AUTHORITY TO REQUIRE OTHER SETASIDES OF AMOUNTS DERIVED FROM FINANCING AGREEMENTS; TO PROVIDE THAT BONDS MAY BE ISSUED PURSUANT GENERALLY TO PROCEEDINGS RATHER ONLY BY RESOLUTION, AND TO PROVIDE THAT A PARTICIPATING PUBLIC INSTITUTION OF HIGHER LEARNING IN OPERATING OR MAINTAINING A PROJECT IS AN ESSENTIAL PUBLIC FUNCTION.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cooper Corning Davenport Delleney Elliott Fair Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Holt Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Robinson Rogers Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, R.
I came in after the roll call and was present for the Session on Thursday, April 22.
M.O. Alexander James G. Mattos James H. Hodges Stephen E. Gonzales Gilda Cobb-Hunter James L. M. Cromer, Jr. Douglas Jennings, Jr. Timothy C. Wilkes Irene K. Rudnick Joseph H. Neal Thomas E. Huff C. Lenoir Sturkie Robert A. Barber, Jr. Larry L. Koon Joseph T. McElveen, Jr. Ralph W. Canty John G. Felder Donald W. Beatty Richard M. Quinn, Jr. Alma W. Byrd
STATEMENTS OF ATTENDANCE
Reps. JENNINGS, HARVIN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, April 21.
The SPEAKER granted Rep. A. YOUNG a leave of absence due to the serious illness of her husband.
The SPEAKER granted Rep. STUART a leave of absence to attend her son's wedding in Albuquerque, New Mexico.
Announcement was made that Dr. Cooper Black of Columbia is the Doctor of the Day for the General Assembly.
Rep. WELLS moved to adjourn debate upon the following Bill until Wednesday, April 28, 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 Bill was taken up, read the second time, and ordered to a third reading:
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.
On motion of Rep. J. WILDER, with unanimous consent, it was ordered that H. 3953 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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. 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.
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.
Rep. PHILLIPS moved to adjourn debate upon the following Joint Resolution until Wednesday, April 28, which was adopted.
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.
The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, April 27, which was adopted.
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 following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. NEILSON having the floor.
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 continued speaking.
The Bill was read the second time and ordered to third reading.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that S. 614 be read the third time tomorrow.
Rep. TUCKER moved to adjourn debate upon the following Bill until Tuesday, April 27, which was adopted.
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Rep. WOFFORD moved to adjourn debate upon the following Joint Resolution until Wednesday, April 28, which was adopted.
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. G. BAILEY moved to adjourn debate upon the following Joint Resolution until Wednesday, April 28, which was adopted.
S. 626 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3319 -- Reps. Baxley, J. Wilder, Shissias, Waites, Corning, Barber, Wright, Wells, Walker, Rudnick, T.C. Alexander and Jennings: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.
Rep. BAXLEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4588AL.93), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 15-27-15 of the 1976 Code, as added by Act 97 of 1987, is amended to read:
"Section 15-27-15. (A) Whenever any a deaf person is a party to any or witness in a legal proceeding or a witness therein, or confined to any an institution, the court shall appoint a qualified interpreter, or as many as needed, approved by the deaf person and either the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person unless the deaf person waives such this privilege or the judge finds that it is not necessary for the fulfillment of justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from such those funds appropriated to the Judicial Department Office of Ombudsman for this purpose by the General Assembly.
(B) For the purpose of implementing the provisions of subsection (A), the position of Court Interpreter for the Deaf is established within the Office of Ombudsman. The Court Interpreter for the Deaf must be appointed by the Chief Justice and shall serve at his pleasure. He must be certified by the National Registry of Interpreters for the Deaf, and shall receive compensation provided by the General Assembly in the annual general appropriations act. The Court Interpreter for the Deaf when available shall perform those functions specified by subsection (A) without a fee being charged for his services, but if not available other qualified interpreters shall continue to be appointed and compensated in the manner provided by subsection (A)."/
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4555AL.93), which was tabled.
Amend the bill, as and if amended, by striking Section 15-27-110(A), SECTION 2, and inserting:
/(A) Whenever When any a deaf person is a party to any legal proceeding or a juror or a witness therein in one, or confined to any an institution, the court shall appoint a qualified interpreter, or as many as needed, approved by the deaf person and either the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of such the deaf person unless the deaf person shall waive waives such or the judge shall find finds that such it is not necessary for the fulfillment of justice. The court shall determine a reasonable fee for all such interpreting services which shall must be paid out of the general fund of the State or of the county where the proceedings take place, as designated by the court./
Amend title to conform.
Rep. BAXLEY moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TUCKER moved to adjourn debate upon the following Bill until Thursday, April 29, which was adopted.
H. 3774 -- Reps. Graham, Hallman, Tucker, P. Harris, Cato, Stone, Farr, Simrill, Jaskwhich, Moody-Lawrence, Keegan, Gamble, Thomas, Stille, Townsend, T.C. Alexander, Littlejohn, Wilkins, Phillips, Harrison, Wright, Shissias, Gonzales and Fair: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, May 4, which was adopted.
H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3333 -- Rep. Boan: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RETIREMENT AT AGE SIXTY-TWO FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
H. 3506 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-65 SO AS TO DEFINE THE TIME FOR THE APPEAL OF AD VALOREM PROPERTY TAX ASSESSMENTS FOR CERTAIN PERSONAL PROPERTY.
Rep. KIRSH explained the Bill.
H. 3589 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUDIT STANDARDS FOR THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO DELAY THE IMPLEMENTATION DATE FROM THE 1993 TAX YEAR TO JULY 1, 1994, AND TO CLARIFY THAT THE STANDARDS APPLY ON A FISCAL YEAR RATHER THAN A TAX YEAR BASIS.
Rep. KIRSH explained the Bill.
H. 3609 -- Rep. Kirsh: A BILL TO REPEAL SECTIONS 4-13-110, 11-3-180, 12-37-60, 12-37-630, 12-37-640, 12-37-650, 12-37-660, 12-37-770, 12-37-790, 12-37-880, 12-37-2700, 12-39-70, 12-39-80, 12-39-90, 12-39-110, 12-39-130, 12-39-230, 12-39-240, 12-39-300, 12-39-330, 12-45-50, 12-45-100, 12-45-110, 12-45-130, 12-45-190, 12-45-200, 12-45-210, 12-45-240, 12-45-250, 12-45-290, 12-45-330, 12-45-350, 12-45-370, 12-45-380, 12-47-20, 12-47-30, AND CHAPTER 55 OF TITLE 12 ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO OBSOLETE FUNCTIONS OF COUNTY TREASURERS AND AUDITORS, THE COMPTROLLER GENERAL, AND OUTDATED AD VALOREM TAX PROVISIONS.
H. 3648 -- Reps. Kennedy, Canty, Hines, Cobb-Hunter, Whipper, Neal, Scott, Byrd, Simrill, Graham, J. Wilder, Govan, Snow, Neilson, Gonzales, Holt, Stille, Phillips, Harrell, Breeland, Inabinett, Thomas, Haskins, Vaughn, Jennings, Moody-Lawrence, R. Smith, Kinon, Stuart, Rudnick, Houck, D. Smith, D. Wilder, Askins, McCraw and Littlejohn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COUNCIL TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COUNCIL; AND TO PROVIDE FOR THE TERMINATION OF THE COUNCIL JUNE 1, 1998.
H. 3761 -- Rep. Kirsh: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 38 SO AS TO AUTHORIZE THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS IN DENOMINATIONS OF LESS THAN ONE THOUSAND DOLLARS; TO AUTHORIZE THESE CAPITAL IMPROVEMENT BONDS TO BE SOLD AT A PRICE LESS THAN PAR; TO AUTHORIZE THAT IN THE COMPUTATION OF THE PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT BONDS OUTSTANDING, THE AMOUNT THE STATE RECEIVES FROM THE SALE OF THE CAPITAL IMPROVEMENT BONDS RATHER THAN THE PAR AMOUNT OF IT MUST BE USED FOR THIS COMPUTATION; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE MATURITY OF THESE BONDS; TO AUTHORIZE THESE BONDS TO BE OFFERED AND SOLD AT OTHER THAN PUBLIC SALE; AND TO AUTHORIZE THE STATE TREASURER TO DETERMINE THE RATE OF INTEREST THE CAPITAL IMPROVEMENT BONDS WILL BEAR.
Rep. KIRSH explained the Bill.
On motion of Rep. KENNEDY, with unanimous consent, it was ordered that H. 3648 be read the third time tomorrow.
The following Bill was taken up.
H. 3434 -- Reps. Quinn, Haskins, Shissias, Tucker and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-20 SO AS TO PROVIDE THAT A STATE EMPLOYEE WHOSE ANNUAL COMPENSATION IS IN EXCESS OF EIGHTY THOUSAND DOLLARS MAY NOT RECEIVE SUPPLEMENTAL EMPLOYMENT OR INCOME FROM SOURCES OUTSIDE THE STATE AGENCY PRIMARILY EMPLOYING HIM WHEN THE SUPPLEMENTAL INCOME IS DERIVED FROM THE STATE AND TO PROVIDE EXCEPTIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4518AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-170. No agency head may be dually employed by another state agency or institution of higher education without prior approval by the Agency Head Salary Commission and the State Budget and Control Board."
SECTION 2. This act takes effect July 1, 1993./
Amend title to conform.
Rep. BOAN 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. 3603 -- Reps. P. Harris, Sturkie, Carnell, Harrison, Corning, Shissias, Cooper, Stille, Tucker, Neal, McAbee, Snow, Townsend, Riser, Byrd, J. Bailey, J. Brown and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-175 SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ENACT A MEMORIAL ON THE STATE HOUSE GROUNDS TO HONOR STATE OR LOCAL LAW ENFORCEMENT OFFICERS WHO HAVE LOST THEIR LIVES IN THE LINE OF DUTY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15416SD.93), which was adopted.
Amend the bill, as and if amended, in subsection (B) of Section 10-1-175, as contained in SECTION 1, by striking the last sentence of the subsection. When amended, subsection (B) shall read:
/(B) In order to carry out the purposes of this section, the Division of General Services is authorized to accept gifts or grants of services, properties, or monies from law enforcement support organizations or from any other private persons or organizations./
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. P. HARRIS, with unanimous consent, it was ordered that H. 3603 be read the third time tomorrow.
The following Bill was taken up.
S. 256 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11260AC.93), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. WHITE 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. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\COUNCIL\LEGIS\AMEND\JIC\5762HC.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-15. The functions of the State Budget and Control Board in the preparation and submission to the General Assembly of the recommended state budget are devolved upon the Governor. Wherever the phrase 'State Budget and Control Board' appears in the context of preparing and submitting budget recommendations to the General Assembly, it means the Governor."
SECTION 2. This act takes effect July 1, 1993, and first applies for the budget recommendation for fiscal year 1994-95./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30105DW.93).
Amend the bill, as and if amended, page 4, line 25, by striking /attorney/ and inserting /their designees/.
When amended, Section 4-35-70 shall read:
/Section 4-35-70. A resolution providing for an improvement district, when adopted, must be published once a week for three successive weeks in a newspaper of general circulation within the county and the final publication must be at least ten days before the date of the scheduled public hearing. At the public hearing and at any adjournment of it, all interested persons may be heard either in person or by their designees./
Amend title to conform.
Rep. J. WILDER explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 27, which was adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3530 -- Reps. Barber, Hallman, R. Young, Holt, Whipper, J. Bailey and Breeland: A BILL TO AMEND SECTION 56-5-3860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, BICYCLES, AND CERTAIN OTHER VEHICLES PROHIBITED ON CONTROLLED-ACCESS HIGHWAYS, SO AS TO PROVIDE FOR A WAIVER BY A COUNTY COUNCIL.
Ordered for consideration tomorrow.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 664 -- Senators Matthews, Ford, Glover, Washington, Patterson and Jackson: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.
H. 3960 -- Reps. Kennedy, Harvin and Williams: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE INTERSECTION OF U.S. HIGHWAY 52 AND U.S. HIGHWAY 521 IN WILLIAMSBURG COUNTY AND MAKE A RECOMMENDATION TO IMPROVE THE SAFETY OF THE AREA.
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.
Rep. T.C. ALEXANDER explained the Bill.
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.
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.
Rep. T.C. ALEXANDER explained the Bill.
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.
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.
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.
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.
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.
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.
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.
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.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 664 be read the third time tomorrow.
On motion of Rep. KENNEDY, with unanimous consent, it was ordered that H. 3960 be read the third time tomorrow.
On motion of Rep. T. C. ALEXANDER, with unanimous consent, it was ordered that H. 3715 be read the third time tomorrow.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3172 be read the third time tomorrow.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 615 be read the third time tomorrow.
Rep. GONZALES moved to adjourn debate upon the following Bill until Tuesday, April 27, which was adopted.
H. 3687 -- Reps. Gonzales, H. Brown, J. Bailey, Koon, Quinn, Hallman, Fulmer, Holt, Harrison, Richardson, Wright, A. Young, Stuart, Wofford, Harrell, Inabinett, Witherspoon, Riser, G. Bailey, D. Wilder and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF ANY PROVISION OF LAW CONCERNING APPOINTMENTS TO OR APPROVAL OF A BUDGET FOR A COUNTY BOARD, COMMISSION, OR DISTRICT, EXCLUDING SCHOOL DISTRICTS, REQUIRES AN ACTION ON THE PART OF A COUNTY LEGISLATIVE DELEGATION, THE RESPONSIBILITY FOR THAT REQUIRED ACTION, UPON WRITTEN RESOLUTION SIGNED BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, SHALL DEVOLVE TO THE GOVERNING BODY OF THE COUNTY.
The following Bill was taken up.
H. 3145 -- Reps. Meacham, Simrill, A. Young, R. Smith, Wofford, Moody-Lawrence, Felder, Stille, Vaughn, Haskins, Harrison, H. Brown and Witherspoon: A BILL TO ENACT THE TEXTBOOK REFORM ACT OF 1993; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-66 SO AS TO REQUIRE THE TEXTBOOK SELECTION COMMITTEE TO BE COMPOSED OF A MAJORITY OF LAY PERSONS WITH EXPERTISE IN THE AREA CONSIDERED; SECTION 59-31-35 SO AS TO EXPAND TEXTBOOK SELECTION CRITERIA; SECTION 59-31-45 SO AS TO PROVIDE FOR PUBLIC REVIEW AND COMMENTS FOR PROPOSED TEXTBOOKS AND INSTRUCTIONAL MATERIALS; AND SECTION 59-31-555 SO AS TO REQUIRE PUBLISHERS TO PROVIDE A CERTIFICATE OF ACCURACY FOR MATERIALS.
Rep. RUDNICK 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 overruled the Point of Order.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7143AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is known as the Textbook Reform Act of 1993.
SECTION 2. The 1976 Code is amended by adding:
"Section 59-5-66. The State Board of Education shall appoint an Instructional Materials Review Panel for each area of study in which textbooks or instructional materials are considered. The board shall promulgate regulations pertaining to the membership of the panel and guidelines for the panel. In promulgating regulations, the board shall recommend that twenty-five percent of the persons appointed to the panel be lay people. A representative of a publisher that solicits the sale of instructional materials in this State or an employee of a publisher or representative or employee of a business that sells instructional materials to public schools or public post secondary educational institutions must not be appointed to an instructional materials review panel."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-31-35. The State Board of Education, through the State Department of Education, shall develop criteria for the appraisal of textbooks offered for sale in the State."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-31-45. Copies of proposed textbooks approved by the Instructional Materials Review Panel must be made available to the public for review at sites geographically dispersed around the State at least thirty days before the date of the state board meeting at which adoption of the textbook is to be discussed. The department must provide notice to the public of the availability of the textbooks at public review sites in a newspaper of general circulation in each congressional district."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-31-555. The publisher shall provide for correction of materials in the event typographical or factual errors are found. The State Department of Education, in the contract for textbooks, shall cause a provision to be included providing for a penalty or replacement of materials for typographical errors, errors of fact, or other similar mistakes in the event the publisher does not act in good faith to correct errors."
SECTION 6. Section 59-31-530 of the 1976 Code is amended to read:
"Section 59-31-530. Original contracts made with publishers of all textbooks shall run instructional materials runs for a period of from one to four years plus an indefinite period which may be terminated either by the State Board of Education or the publisher upon ninety days' notice, provided notice is given ninety days before January first of the year of cancellation."
SECTION 6. 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.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3145 be read the third time tomorrow.
The following Bill was taken up.
S. 694 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-990 SO AS TO PROVIDE THAT THE COMMISSION ON PROSECUTION COORDINATION MAY PROMULGATE THOSE REGULATIONS NECESSARY TO ASSIST IT IN THE PERFORMANCE OF ITS REQUIRED DUTIES AND TO AMEND SECTION 8-11-260, RELATING TO STATE EMPLOYEES WHO ARE EXEMPT FROM THE STATE CLASSIFICATION AND COMPENSATION PLAN, SO AS TO ALSO EXEMPT THE EMPLOYEES OF THE COMMISSION ON PROSECUTION COORDINATION.
Rep. FELDER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7148BD.93), which was adopted.
Amend the bill, as and if amended, Section 8-11-260, SECTION 2, page 2, line 16, by striking /./ and inserting /.;/ and after line 16 by adding:
/(i) athletic coaches and unclassified employees in the athletic departments of post-secondary educational institutions as defined in Section 59-107-10 except the technical education colleges and centers./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FELDER, with unanimous consent, it was ordered that S. 694 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. WAITES 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. 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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11287AC.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Whereas, it is recognized by the General Assembly that the referral of a patient by a health care provider to a provider of health care services in which the referring health care provider has an investment interest represents a potential conflict of interest. The General Assembly finds these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The General Assembly also recognizes, however, that it may be appropriate for providers to own entities providing health care services and to refer patients to these entities, as long as certain safeguards are present in the arrangement. It is the intent of the General Assembly to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the citizens of South Carolina from unnecessary and costly health care expenditures.
SECTION 2. This act may be cited as the "Provider Self-Referral Act".
SECTION 3. Title 44 of the 1976 Code is amended by adding:
Section 44-113-10. This chapter may be cited as the 'Provider Self-Referral Act of 1993'.
Section 44-113-20. As used in this chapter:
(1) 'Board' means any of the boards created pursuant to Title 40, as amended, to license, certify, or register health care professionals.
(2) 'Comprehensive rehabilitation services' means services that are provided by health care professionals licensed under Chapter 36, Chapter 45, or Chapter 67 of Title 40 to provide speech, occupational, or physical therapy services on an outpatient or ambulatory basis.
(3) 'Department' means the South Carolina Department of Health and Environmental Control.
(4) 'Designated health services' means any health care procedure, service, or item provided by a health care provider.
(5) 'Entity' means an individual, partnership, firm, corporation, or other business entity.
(6) 'Fair market value' means value in arms length transactions, consistent with the general market value, and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.
(7) 'Health care facility' means a health care facility as defined in Section 44-7-130(1O).
(8) 'Health care provider', 'provider', or 'health care professional' means a person licensed, certified, or registered under the laws of this State to provide health care services.
(9) 'Immediate family member' means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling.
(10) 'Investment interest' means an equity or debt security issued by an entity, including, except as provided below, but not limited to, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, other equity interests, or debt instruments. The following investment interests are excepted from this definition:
(a) an investment interest in an entity that is the sole provider of designated health services in a rural area;
(b) an investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value;
(c) an investment interest in an entity which owns or leases and operates a hospital or a nursing home facility licensed under Title 44, Chapter 7;
(d) an investment interest acquired before June 15, 1993;
(e) an investment interest in an entity which provides health care services pursuant to a health services network.
(11) 'Investor' means a person or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, but not limited to, through an immediate family member, trust, or corporation, the stock of which is owned in whole or in part by the investor or another entity related to the investor.
(12) 'Referral' means a referral of a patient by a health care provider for health care services, including, but not limited to:
(a) the forwarding of a patient by a health care provider to another health care provider or to an entity outside the health care professional's office or group practice which provides or supplies designated health services or any other health care item or service; or
(b) the request or establishment of a plan of care by a health care provider, which includes the provision of a designated health service or any other health care item or service outside the health care professional's office or group practice.
(13) 'Rural area' means a county with a population of one hundred thousand persons or less according to the latest United States census.
(14) 'Group practice' means a group of two or more health care professionals legally organized as a partnership, professional corporation, not-for-profit corporation, faculty practice plan, or similar association in which:
(a) each health care professional who is a member, employee, or independent contractor of the group provides substantially the full range of services which the professional routinely provides, including consultation, diagnosis, and treatment through the use of office space, facilities, equipment, and personnel of the group;
(b) substantially all of the services of the health care professionals who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
(c) the overhead expenses of and the income from the practice are distributed by methods previously determined by the group.
(15) 'Office practice' means the facility or facilities at which a health care professional, on an ongoing basis, provides or supervises the provision of health services to individuals.
Section 44-113-30. (A) Except as provided in this section and other provisions of this chapter, a health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. However, this prohibition does not apply to:
(1) an investment interest where the health care professional directly provides the health care services within the entity or will be personally involved in the provision, supervision, or direction of care to the referred patient.
(2) the provider's investment interest is in registered securities purchased on a national exchange or over-the-counter market and issued by a publicly-held corporation:
(a) whose shares are traded on a national exchange or on the over-the-counter market; and
(b) whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars; or
(3) with respect to an entity other than a publicly-held corporation described in subsection (A)(2) and a referring provider's investment interest in the entity, each of the following requirements are met:
(a) no more than fifty percent of the value of the investment interests are held by investors who are in a position to make referrals to the entity;
(b) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are no different from the terms offered to investors who are not in a position to make referrals;
(c) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are not related to the previous or expected volume of referrals from that investor to the entity;
(d) there is no requirement that an investor make referrals or be in a position to make referrals to the entity as a condition for becoming or remaining an investor;
(B) With respect to an entity or to a publicly-held corporation in subsection (A)(2):
(1) the entity or corporation does not lend funds to or guarantee a loan for an investor who is in a position to make referrals to the entity or corporation if the investor uses any part of the loan to obtain the investment interest;
(2) the amount distributed to an investor representing a return on the investment interest is directly proportional to the amount of the capital investment, including the fair market value of preoperational services rendered in the entity or corporation by that investor.
(C) No claim for payment may be presented by an entity to an individual, third party payor, or other entity for a service furnished pursuant to a referral prohibited under this section.
(D) If an entity collects any amount that was billed in violation of this section, the entity shall refund the amount on a timely basis to the payor or individual, whichever is applicable.
(E) A health care provider who makes a referral prohibited by this section or who fails to disclose information required by Section 44-113-40(A) or presents or causes to be presented a bill or a claim for services that the health care provider knows or should know is for a service for which payment may not be made under subsection (C) or for which a refund has not been made under subsection (D) is subject to a civil penalty of not more than five thousand dollars for each such service to be imposed and collected by the appropriate board.
(F) A health care provider or other entity that enters into an arrangement or scheme which the health care provider or entity knows or should know has a principal purpose of assuring referrals by the health care provider to a particular entity which, if the health care provider directly made referrals to the entity would be in violation of this section, is subject to a civil penalty of not more than twenty-five thousand dollars for each circumvention arrangement or scheme to be imposed and collected by the appropriate board.
(G) A violation of this section by a health care provider constitutes grounds for disciplinary action to be taken by the applicable board. A hospital licensed under Title 44, Chapter 7 found in violation of this section is subject to the regulations promulgated by the department.
(H) A hospital licensed under Title 44, Chapter 7 that discriminates against or otherwise penalizes a health care provider for compliance with this chapter is subject to a civil penalty of not more than one hundred thousand dollars to be imposed and collected by the department.
(I) Each board, and in the case of hospitals, the department, shall encourage the use by licensees of an advisory opinion procedure to determine the applicability of this section or any regulation promulgated pursuant to this section as it applies solely to the licensee.
Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the name and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) The referring provider must obtain the patient's signature that the information required under subsection (A) has been provided to the patient.
Section 44-113-50. The results of an action taken by the respective boards pursuant to this chapter must be reported promptly to the department with a full description of the proceedings.
Section 44-113-60. (A) As used in this section, the term 'kickback' means a remuneration or payment back pursuant to an investment interest, compensation arrangement, or otherwise by a provider of health care services or items of a portion of the charges for services rendered to a referring health care provider as an incentive or inducement to refer patients for future services or items when the payment is not tax deductible as an ordinary and necessary expense.
(B) It is unlawful for a health care provider or a provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than 30 days.
Section 44-113-70. Any employer providing health insurance benefits to its employees may report instances of alleged over-utilization of services to the South Carolina Department of Insurance pursuant to Section 38-55-170.
Section 44-113-80. A health care professional permitted under Section 44-113-20(10)(d) to make referrals to an entity in which the health care professional has an investment interest must submit information to the department, including the professional's name, name of the entity, and the percentage of the health care professional's ownership."
SECTION 4. This act takes effect upon approval by the Governor and applies to referrals for designated health services or any other health care item or service made on or after this act's effective date. However, the written disclosure requirements in Section 44-113-40 take effect thirty days after approval by the Governor. With respect to an investment interest acquired before June 15, 1993, this act does not apply except the disclosure requirements of Sections 44-113-40 and 44-113-80, as added by Section 3 of this act, apply./
Amend title to conform.
Rep. D. WILDER explained the amendment.
The amendment was then adopted.
Rep. D. WILDER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. D. WILDER, with unanimous consent, it was ordered that S. 466 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. WOFFORD 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. 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.
Rep. KIRSH 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. 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.
Rep. McELVEEN 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. 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.
Rep. HASKINS 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. 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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15500SD.93), which was adopted.
Amend the bill, as and if amended, in Section 1, by striking /July 1, 1993/ which begins on line 27 of page 1 and inserting /July 1, 1994/.
When amended, Section 1 shall read:
/SECTION 1. 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, 1994./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3384 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. KIRSH 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.
Rep. LITTLEJOHN asked unanimous consent to recall H. 3564 from the Committee on Ways and Means.
Rep. WAITES objected.
On motion of Rep. BAXLEY, with unanimous consent, the following Bill was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Judiciary.
H. 3959 -- Reps. Baxley, Allison, J. Brown, Cobb-Hunter, Corning, Davenport, Gamble, Harvin, Harwell, Hines, Jaskwhich, Keegan, Keyserling, Neal, Phillips, Scott, Sharpe, Shissias, R. Smith, D. Smith, Snow, Thomas, Waites, Wells, Whipper, D. Wilder, J. Wilder, Stuart, Meacham, Canty, Rudnick, Kelley, A. Young, Witherspoon, Byrd, Simrill, Fulmer, Hallman, Riser, Rogers and Neilson: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR PARDON, SO AS TO PROVIDE THAT AN INMATE MAY BE CONSIDERED FOR PARDON BEFORE PAROLE ELIGIBILITY UPON EVIDENCE OF A HISTORY OF DOMESTIC VIOLENCE AT THE HANDS OF THE VICTIM WHICH CONTRIBUTED TO THE COMMISSION OF THE OFFENSE BY THE INMATE.
On motion of Rep. FARR, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
H. 4012 -- Rep. Farr: A JOINT RESOLUTION TO PROVIDE THAT INDIVIDUALS RESIDING IN CERTAIN RESIDENTIAL CARE FACILITIES MAY QUALIFY FOR A SUPPLEMENT UNDER THE DEPARTMENT OF SOCIAL SERVICES GENERAL ASSISTANCE PROGRAM IF THEY OTHERWISE QUALIFY EXCEPT FOR INCOME REQUIREMENTS OR THE TYPE OF FACILITY IN WHICH THEY RESIDE.
On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 472 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK AND THE SAMPIT RIVERS IN GEORGETOWN AND HORRY COUNTIES.
Rep. TOWNSEND asked unanimous consent to recall H. 4083 from the Committee on Education and Public Works.
Rep. GAMBLE objected.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4088 -- Reps. Marchbanks, Trotter, Graham, Robinson and T.C. Alexander: A BILL TO AMEND SECTION 59-119-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF CLEMSON UNIVERSITY AS A MUNICIPAL CORPORATION, SO AS TO REVISE ITS BOUNDARIES.
Rep. RICHARDSON asked unanimous consent to recall H. 3461 from the Committee on Ways and Means.
Rep. BOAN objected.
Rep. TOWNSEND asked unanimous consent to recall H. 4022 from the Committee on Education and Public Works.
Rep. GAMBLE objected.
Rep. LITTLEJOHN moved that the House do now adjourn, which was adopted by a division vote of 55 to 36.
At 11:30 A.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Inez Hendricks of Gray Court, to meet at 10:00 A.M. tomorrow.
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