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:
Lord God, it is so easy for us to focus upon the things that are lacking in our lives. It is easy to fret over the demands, complain about the disappointments, and thus miss the blessings of living. Help us, then, to live this day with thankful hearts, to take a second look at the good things in our lives and in our world. Forgive our mistakes, heal our wrongs and help us to celebrate our successes. Give us the satisfaction of knowing that our works are important to You and to others. Give us the determination to make our private worship shape our public lives.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HARRISON moved that when the House adjourns, it adjourn in memory of Terrell Glenn, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1636
Promulgated By Board of Education
General; Extra-Curricular Services; and Transportation of Handicapped Students
Received By Speaker April 28, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date April 4, 1994
The following was received.
Columbia, S.C., April 27, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 694:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 27, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 466:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 27, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 114:
S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.
Very respectfully,
President
On motion of Rep. T.C. ALEXANDER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. J. BAILEY, RICHARDSON and R. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 27, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 550 (R.43) by a vote of 0 to 46.
Very respectfully,
President
No. 101
Received as information.
The following was received.
Columbia, S.C., April 27, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 295 (R.46) by a vote of 46 to 0.
Very respectfully,
President
No. 102
Received as information.
April 26, 1993
Mr. Speaker and Members of the House:
I am hereby returning without my approval S. 295, R-46, an Act:
TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS; AND TO PROHIBIT AN INCREASE IN FEES OR AD VALOREM TAXES IN EXCESS OF THE TEN MILLS CURRENTLY AUTHORIZED WITHOUT A FAVORABLE VOTE OF THE RESIDENT ELECTORS OF THE DISTRICT.
This veto is based upon an opinion of the Attorney General's Office dated
April 26, 1993. The opinion states:
The act bearing ratification number 46 of 1993 would authorize the Board of Fire Control of the Cherokee Springs Fire District of Spartanburg County to borrow a maximum of one million dollars, in anticipation of taxes, upon terms and for a period as the board deems most beneficial, raising the previous limit of two hundred thousand dollars and to prohibit increases in ad valorem taxes (as a result of the increase in authorized indebtedness) in excess of the currently authorized ten mills without a favorable referendum. This act appears to amend Act No. 740 of 1990, which amended Act No. 318 of 1965. A review of the latter act shows that the District is located wholly within Spartanburg County. Thus, S. 295, R-46 of 1993 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws of a specific county shall be enacted.' Acts similar to S. 295, R-46 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...
This Attorney General Opinion further notes "another potential Constitutional infirmity" and concludes by stating:
A review of S. 295, R-46 reveals that it suffers from the same constitutional infirmities as expressed in the opinion of May 30, 1990, as it is an act for a specific county and it could be deemed violative of Article X, Section 14(8) on its face or as applied, or both, since the Board of Fire Control would be given the power to issue tax anticipation notes 'on terms and for a period as to the fire control board may seem most beneficial...'
Historically, I vetoed a similar bill based on the opinion of the Attorney General's Office dated May 30, 1990 (H. 4939; R-617).
Sincerely,
Carroll A. Campbell, Jr.
Governor
Rep. DAVENPORT moved to adjourn debate upon the veto until Tuesday, May 4, which was adopted.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3664 -- Reps. Quinn, Wilkes, R. Young, T.C. Alexander, Wright and Haskins: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3634 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE PRIMARY MUST BE HELD ON THE SEVENTH INSTEAD OF THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THE RUNOFF PRIMARY BE HELD ON THE NINTH INSTEAD OF THE THIRTEENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THAT THE FILING PERIOD OPENS ONE WEEK AFTER THE VACANCY OCCURS INSTEAD OF ON THE THIRD FRIDAY AFTER THE VACANCY OCCURS, AND TO CHANGE THE TIME FOR CONDUCTING THE SPECIAL ELECTION FROM THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS TO THE FOURTEENTH TUESDAY AFTER THE VACANCY OCCURS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3887 -- Rep. Harrelson: A BILL TO AMEND SECTION 7-11-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHERE A NOMINEE IS SELECTED BY PRIMARY ELECTION, SO AS TO CHANGE THE PROCEDURE FOR NOMINATING CANDIDATES WHEN IT IS IMPOSSIBLE TO NOMINATE A CANDIDATE BY SPECIAL ELECTION AND CERTIFIED TWO WEEKS OR MORE BEFORE THE GENERAL ELECTION.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 257 -- Senator Drummond: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES TO WHICH THE REQUIREMENTS OF NURSING DO NOT APPLY, SO AS TO INCLUDE OUT-OF-STATE NURSES ENROLLED IN AN APPROVED COURSE OR EXPERIMENTAL PROJECT; TO AMEND SECTION 40-33-230, RELATING TO STATE BOARD OF NURSING COMPENSATION, SO AS TO CONFORM COMPENSATION PROVISIONS TO OTHER STATE BOARDS; TO AMEND SECTION 40-33-260, AS AMENDED, RELATING TO A BOARD QUORUM, SO AS TO REVISE IT TO CONFORM TO THE INCREASED BOARD SIZE; TO AMEND SECTION 40-33-910, AS AMENDED, RELATING TO EXAMINATIONS, SO AS TO PROVIDE THAT AN APPLICANT MUST PASS AN EXAMINATION PRESCRIBED RATHER THAN ADMINISTERED BY THE BOARD; AND TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 259 -- Senator Drummond: A BILL TO AMEND SECTION 40-47-50 AND SECTION 40-47-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 554 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ANNUAL RENEWAL AND LATE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1516, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 555 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO COMPUTERIZED ADAPTIVE TESTING; ISSUING PERMIT TO CANADIAN LICENSEES WHO HAVE PASSED THE COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1585, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3689 -- Reps. Wilkes, Wright, Sharpe, Harrison, Vaughn, Wells, R. Smith, Witherspoon, Littlejohn, Walker, Davenport, Fulmer, Riser, Jaskwhich, Clyborne and Stone: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.
Ordered for consideration tomorrow.
The following was received.
Columbia, S.C., April 27, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 421:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4145 -- Rep. J. Brown: A CONCURRENT RESOLUTION COMMENDING RODNEY WHALEY OF RICHLAND COUNTY FOR HIS HEROIC ACTS OF BRAVERY WHICH SAVED THE LIVES OF A MOTHER AND HER TWO SMALL CHILDREN IN AN APARTMENT FIRE, RECOGNIZING CLIFF ROBINS AND BARRY YOUNG FOR THEIR OUTSTANDING EFFORTS IN ASSISTING IN THIS RESCUE, AND GRANTING THESE GENTLEMEN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 5, 1993, FOR THE PURPOSE OF BEING PUBLICLY RECOGNIZED AND THANKED FOR THEIR ACTIONS.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4146 -- Reps. J. Bailey and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR THE HUNTING OF FOX IN GAME ZONE 6.
Rule 5.12 was waived by a division vote of 10 to 0.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4147 -- Reps. McKay, Hines, Harwell and Askins: A BILL TO PROVIDE THAT THE TAX MILLAGE LEVIED FOR GENERAL OPERATIONAL PURPOSES FOR ALL SCHOOL DISTRICTS IN FLORENCE COUNTY AND ANY FEES IN LIEU OF TAXES RECEIVED BY THESE DISTRICTS FOR ANY YEAR MUST BE PLACED IN A SPECIAL ACCOUNT AND DISTRIBUTED TO EACH DISTRICT ON A PRO RATA BASIS BASED ON AVERAGE DAILY ATTENDANCE, TO PROVIDE THAT THESE DISTRIBUTIONS SHALL CONSTITUTE THE FUNDS A DISTRICT RECEIVES TO OPERATE ITS SCHOOLS FOR THAT YEAR FROM AD VALOREM PROPERTY TAXES, AND TO PROVIDE EXCEPTIONS FOR TAX MILLAGE LEVIED FOR BONDED INDEBTEDNESS PURPOSES.
On motion of Rep. McKAY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4148 -- Reps. McKay and Hines: A BILL TO ESTABLISH ALL OF THE AREA OF FLORENCE COUNTY AS THE SCHOOL DISTRICT OF FLORENCE COUNTY EFFECTIVE JANUARY 1, 1995; TO CREATE A BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF FLORENCE COUNTY AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, FUNCTIONS, PROCEDURES, AND ORGANIZATION; TO VEST TITLE TO ALL PROPERTY USED FOR SCHOOL PURPOSES IN FLORENCE COUNTY IN THE SCHOOL DISTRICT OF FLORENCE COUNTY; TO PROVIDE FOR THE FUNDING OF THE SCHOOL DISTRICT OF FLORENCE COUNTY, FOR ITS ANNUAL BUDGET, AND FOR AN ANNUAL AD VALOREM TAX FOR THE SCHOOLS OF THE COUNTY; TO PROVIDE FOR THE ISSUANCE OF BONDS OF THE SCHOOL DISTRICT AND FOR THE ASSUMPTION OF EXISTING SCHOOL BONDS BY THE DISTRICT; AND TO REPEAL THE PRESENT FIVE SCHOOL DISTRICTS OF THE COUNTY AND THEIR BOARDS OF TRUSTEES ON JANUARY 1, 1995, AND DEVOLVE THEIR DUTIES, FUNCTIONS, POWERS, ASSETS, AND LIABILITIES UPON THE SCHOOL DISTRICT OF FLORENCE COUNTY.
On motion of Rep. McKAY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4151 -- Reps. Rudnick, Hallman, Harwell, Richardson, P. Harris, Corning and R. Young: A BILL TO AMEND SECTION 62-3-801, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO CREDITORS UNDER THE PROBATE CODE, SO AS TO DECREASE THE TIME PERIOD; AND TO AMEND SECTION 62-3-803, AS AMENDED, RELATING TO LIMITATION ON CLAIMS, SO AS TO DECREASE THE TIME PERIOD.
Referred to Committee on Judiciary.
S. 323 -- Senators Moore, Wilson, Giese, Ryberg, Stilwell, Richter, Mescher and Waldrep: A BILL TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION; AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH LICENSE ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE CONTROL ACT), SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT DIVISION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.
Referred to Committee on Judiciary.
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4149 -- Reps. J. Brown, Anderson, Beatty, Breeland, Byrd, Canty, Cobb-Hunter, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper, White and Williams: A CONCURRENT RESOLUTION CONGRATULATING JESSE BROWN ON HIS APPOINTMENT AS SECRETARY OF VETERANS AFFAIRS AND COMMENDING HIM FOR HIS OUTSTANDING AND DEDICATED PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4150 -- Reps. D. Smith, Haskins and Tucker: A HOUSE RESOLUTION TO RECOGNIZE THE COURAGE AND FIGHTING SPIRIT DISPLAYED FOR TWENTY-FOUR YEARS BY BEN MAXWELL STONE DIAGNOSED AT THE AGE OF ELEVEN YEARS WITH NEPHRITIS AND TO ALLOW HIM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES THURSDAY, MAY 20, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4152 -- Reps. Rudnick, Hallman, Harrison, Harwell, Scott, Waites, Holt, Kinon, P. Harris, Neilson, J. Brown, Barber, Shissias, Sheheen, Rogers, Byrd, Richards, R. Young, J. Bailey, Corning, Carnell, McAbee and Riser: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TERRELL L. GLENN OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, Terrell Lyles Glenn of Columbia died on April 24, 1993, at the age of sixty-two; and
Whereas, he was a former United States Attorney for South Carolina, having been appointed by President Kennedy in 1961, making Mr. Glenn the youngest United States Attorney in the country at the time; and
Whereas, he served as the top federal prosecutor in the Eastern District of South Carolina until 1969, when he entered private law practice; and
Whereas, he was an outstanding trial attorney and was known, respected, and admired throughout the State for his superb legal abilities; and
Whereas, he served as President of the South Carolina Bar and was named by the Bar in 1992 as the winner of the Durant Distinguished Public Service Award; and
Whereas, he was also committed to the arts and received the 1976 Elizabeth O'Neill Verner Award for individual contributions to arts in South Carolina; and
Whereas, South Carolina has lost a distinguished, brilliant, and compassionate man in Terrell Glenn, and we want the members of his family and his many friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of Terrell L. Glenn of Columbia and extend sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to Mr. Glenn's family.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4153 -- Rep. Keyserling: A HOUSE RESOLUTION TO CONGRATULATE THE HALLELUJAH SINGERS FROM BEAUFORT, SOUTH CAROLINA, ON THEIR INVITATION TO PERFORM AT THE ANNUAL FEDERATION OF STATE HUMANITIES COUNCILS CONGRESSIONAL BREAKFAST IN WASHINGTON, D. C., ON THURSDAY, MAY 6, 1993, AND TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THIS GROUP'S CONTRIBUTIONS TO THE ARTS AND ITS CELEBRATION OF SOUTH CAROLINA'S SEA ISLAND HERITAGE.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, April 28.
Timothy F. Rogers Timothy C. Wilkes John G. Felder C. Lenoir Sturkie Ralph W. Canty
LEAVES OF ABSENCE
The SPEAKER granted Rep. WALKER a leave of absence for the day.
The SPEAKER granted Rep. BEATTY a leave of absence.
Rep. FARR signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 22.
Rep. BOAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 27.
Reps. TUCKER and P. HARRIS presented the McDuffie High School Boys Basketball Team, and their coach, and congratulated them for being the winners of the 1993 Class AA Championship.
The following Bill was taken up.
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.
Rep. WELLS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4622AL.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 1 of Act 906 of 1962, as last amended by Act 197 of 1973, is further amended to read:
"Section 1. There is hereby created the Spartanburg County Commission for Technical Education which shall be is a body politic and corporate and which shall consist consists of thirteen members. The present members of the Spartanburg County Committee for Technical Education shall continue to hold office as members of this commission for the terms for which they have been appointed, and the new members shall thereafter be are appointed by the Governor for terms of four years each, upon the recommendation of a majority of the Spartanburg County Legislative Delegation in such manner that each. Each of the seven school districts of the county shall have one member and School District No. 7 shall have two members, with three four members being must be appointed from the county at large. Of the four at-large members, no two members may be from the same district. The Chairman of the Spartanburg County Planning and Development Board and the Chairman of the County District Superintendents of Education or a designated alternative superintendent shall be are ex officio members. The commission shall meet as soon after appointment as practicable and shall organize by electing a chairman and such other officers as it deems considers necessary. Thereafter, the commission shall meet upon the call of the chairman or a majority of its members. It shall make periodic reports of its activities and progress to the legislative delegation and the board of education."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4143 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF NOVEMBER 30-DECEMBER 3, 1992, MISSED BY THE STUDENTS OF BARR STREET JUNIOR HIGH SCHOOL IN LANCASTER COUNTY, AND THE SCHOOL DAYS OF DECEMBER 3, 4, AND 7 OF 1992 MISSED BY THE STUDENTS OF THE DOBSON ELEMENTARY SCHOOL IN LANCASTER COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Joint Resolution was taken up.
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.
Rep. PHILLIPS moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 20, by Rep. QUINN.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\WWW\30108DW.93), which was tabled.
Amend the bill, as and if amended, page 2, lines 11 through 14, by striking SECTION 2 in its entirety and inserting:
/SECTION 2. The provisions of this act are applicable to filing fees paid by candidates for primaries conducted after the effective date of this act./
Amend title to conform.
Rep. ROGERS explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. HODGES moved to table the amendment.
The amendment was then tabled by a division vote of 63 to 36.
Rep. QUINN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\WWW\30113DW.93), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 7-11-5. (A) Notwithstanding any other provision of this chapter, and not including any office created under the United States Constitution, beginning with the general election of 1994, all candidates seeking nomination for statewide constitutional office, the state Senate, or House of Representatives, may be nominated only by primary or petition.
(B) This section does not affect the procedure for selecting substitution candidates provided under the provisions of Section 7-11-50."/
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Rep. HARRELSON proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\WWW\30116DW.93), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. County parties may provide that candidates, filing to run in their respective primaries, may file and pay their fees at the county office of voter registration. The documents and filing fees must be forwarded immediately to the county chairperson of the respective party./
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 16 to 62.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 5 (Doc Name:\Council\Legis\Amend\WWW\30119DW.93), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 7-13-17. An election which was scheduled to be conducted at the time of the general election pursuant to the provisions of Section 7-13-35 and is rescheduled because of a legal challenge or by action of the United States Justice Department, must be conducted by the county election commission and all costs associated with the conduct of it, including the cost of publishing the notice of the election, must be paid by the State Election Commission to all elections conducted on or after January 1, 1993."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
Rep. McELVEEN proposed the following Amendment No. 7, which was adopted.
Amend the bill, as and if amended, at Section 2 by adding at the end:
"Provided, however, that the State Election Commission shall be responsible for payment of legally required expenses of every primary and runoff, such as publication, or shall reimburse parties for such expenses incurred for primaries and runoffs conducted on or after August 25, 1992."
Rep. McELVEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
The following Bill was taken up.
H. 3129 -- Reps. Keegan, Martin, Kelley, Witherspoon, Worley, Snow and Thomas: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4504SD.93), which was adopted.
Amend the bill, as and if amended, by adding Section 59-136-505 immediately following Section 59-136-500 on page 10 to read:
/Section 59-136-505. (A) No later than June 30, 1995, the Budget and Control Board shall issue state institution bonds pursuant to Title 59, Chapter 107, on behalf of Coastal Carolina University to refund and defease all state institution bonds issued on behalf of the University of South Carolina which are the Series 1991B and Series 1992C State Institution Bonds. That portion of the State Institution Bonds to be refunded which were used to provide facilities at Coastal Carolina University shall be refunded by a series of state institution bonds issued on behalf of Coastal Carolina University and secured by pledge of the tuition fees from Coastal Carolina University. The remaining state institution bonds to be refunded shall be refunded from the proceeds of state institution bonds issued on behalf of the University of South Carolina and secured by pledge of tuition fees collected at the University of South Carolina.
(B) On or before June 30, 1995, Coastal Carolina University shall issue its revenue bonds to refund the Student and Faculty Housing Revenue Bonds, Series 1987, issued by the University of South Carolina and Student and Faculty Housing Revenue Bond Anticipation Notes, the proceeds of which were used to provide facilities at Coastal Carolina University. The proceeds from the refunding revenue bonds shall be applied to defease and refund the outstanding Series 1987 Bonds and Notes. On and after the date of issuance of all refunding bonds, the pledge of revenues derived from the operation of dormitory facilities at Coastal Carolina University shall be released from the pledge securing other student and faculty housing revenue bonds issued by the University of South Carolina.
(C) Pending the issuance of the bonds described in subsections (A) and (B) above, the Budget and Control Board and the State Treasurer shall take all action necessary to continue the application of tuition fees and dormitory revenues derived by Coastal Carolina University to satisfy all obligations of the University of South Carolina with respect to bonds issued to provide facilities at Coastal Carolina University.
(D) For purposes of Section 59-107-10, Coastal Carolina University is also considered an institution on behalf of which state institution bonds may be issued thereunder. The purposes for which state institution bonds may be issued on behalf of Coastal Carolina University shall include the refunding of state institution bonds issued on behalf of the University of South Carolina to provide facilities at Coastal Carolina University./
Amend the bill further, as and if amended, by striking Section 3, as contained on page 11 and inserting:
/SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Renumber sections to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, STUART, CROMER, DAVENPORT and SIMRILL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15525SD.93), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. For a period of six years after the Coastal Carolina University becomes a separate and distinct institution of higher learning of this State, it may not request the Commission on Higher Education to approve any additional degree programs beyond those offered by it on the date it became separate and independent from the University of South Carolina system./
Amend title to conform.
Renumber sections to conform.
Rep. ROBINSON explained the amendment.
Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 46 to 25.
The SPEAKER granted Reps. J. HARRIS, KINON, JENNINGS, HARWELL and BAXLEY a leave of absence.
Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\15515SD.93), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The Commission on Higher Education shall determine the financial savings to the University of South Carolina as a result of Coastal Carolina College, a four-year regional branch of the University of South Carolina, becoming a separate and distinct institution of higher learning of this State. The total appropriations of the University of South Carolina in the annual general appropriations act beginning with the fiscal year in which Coastal Carolina becomes an independent university must be reduced by the amount of the financial savings which the Commission on Higher Education determines the University of South Carolina has received./
Amend title to conform.
Renumber sections to conform.
Rep. ROBINSON explained the amendment.
Rep. WILKES moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, on second reading resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Barber Boan Breeland Brown, H. Carnell Cato Chamblee Corning Cromer Delleney Elliott Fair Farr Felder Fulmer Govan Graham Hallman Harrell Harrelson Harris, P. Harrison Harvin Haskins Hines Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Klauber Koon Lanford Law Marchbanks Martin McAbee McCraw McLeod McTeer Neilson Phillips Rhoad Richardson Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Kirsh Mattos Moody-Lawrence
So, the Bill, as amended, was read the second time and ordered to third reading.
Cobb-Hunter (Present) Nay
Kinon (Absent) Aye
McElveen (Present) Nay
Jennings (Absent) Aye
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3129 General Subject Matter: USC/Coastal Separation
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of USC Columbia.
Rep. MARGARET J. GAMBLE
Rep. LITTLEJOHN asked unanimous consent to recall H. 3564 from the Committee on Ways and Means.
Rep. KIRSH objected.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary.
H. 3965 -- Rep. Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-295 SO AS TO PROHIBIT THE POSSESSION OF A WEAPON BY A STUDENT ON SCHOOL PROPERTY, TO PROVIDE ADMINISTRATIVE PENALTIES, TO PROVIDE FOR TAKING THE STUDENT INTO CUSTODY AND A FAMILY COURT HEARING, AND TO PROVIDE CRIMINAL PENALTIES FOR THE STUDENT AND THE PARENT.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary.
H. 3976 -- Rep. Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-290 SO AS TO PROHIBIT THE POSSESSION OF A WEAPON BY A STUDENT ON SCHOOL PROPERTY, TO PROVIDE ADMINISTRATIVE PENALTIES AND THAT THE STUDENT'S DRIVER'S LICENSE BE SUSPENDED UNTIL HE REACHES AGE TWENTY-ONE AND IF A LICENSE HAS NOT BEEN ISSUED TO THE STUDENT IT MUST BE DELAYED UNTIL HE REACHES AGE TWENTY-ONE, AND TO PROVIDE FOR THE REPORTING TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT UPON RECEIPT OF A REPORT FROM A SCHOOL DISTRICT INDICATING A STUDENT POSSESSED A WEAPON ON SCHOOL PROPERTY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL SUSPEND THE DRIVER'S LICENSE OF THE STUDENT AND IF A LICENSE HAS NOT BEEN ISSUED TO THE STUDENT IT MUST BE DELAYED UNTIL HE REACHES AGE TWENTY-ONE.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4110 -- Reps. Fulmer and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-625 SO AS TO PROVIDE THAT IF ACCESS TO A PARTICULAR PROPERTY OR PROPERTIES IS CONTROLLED BY A TRAFFIC SIGNAL, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REQUIRE THAT IMPROVEMENTS BE MADE TO THE PROPERTY WHICH ARE NECESSARY TO IMPROVE TRAFFIC FLOW AT THE INTERSECTION CONTROLLED BY THE TRAFFIC SIGNAL.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.
On motion of Rep. FARR, with unanimous consent, the following Joint Resolution was recalled from the Committee on Education and Public Works and was referred to the Committee on Ways and Means.
H. 3864 -- Reps. Meacham, Wofford, Simrill, Vaughn and A. Young: A JOINT RESOLUTION TO PROVIDE THAT OVER A PERIOD OF FIVE YEARS, BEGINNING IN THE FALL OF 1993, STATE COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES SHALL INCREASE TUITION AND FEES FOR OUT-OF-STATE UNDERGRADUATE STUDENTS TO ELIMINATE EIGHTY PERCENT OF THE UNDERGRADUATE STATE GENERAL FUND SUBSIDIES TO OUT-OF-STATE STUDENTS ATTENDING THESE INSTITUTIONS AND TO PROVIDE THAT THE INCREASE IN REVENUE BE USED TO LOWER THE TUITION AND FEES OF IN-STATE UNDERGRADUATE STUDENTS.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
Rep. P. HARRIS moved to adjourn debate upon the Senate amendment until Tuesday, May 4, which was adopted.
The following House Resolution was taken up.
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.
Whereas, the members of the House of Representatives are concerned with the removal of T.S. Ragsdale Co., Inc., as the commission buyer on the South Carolina flue-cured and burley tobacco market; and
Whereas, T.S. Ragsdale Co., Inc., is the only South Carolina processing company and also one of the last small dealers in the United States to supply quality tobacco worldwide with a reputation for quality, service, and workmanship; and
Whereas, Brown & Williamson Tobacco Corp. (Export Leaf Tobacco Co.) of Louisville, Kentucky decided to use a North Carolina commission buyer instead of T.S. Ragsdale Co., Inc. The yearly economic loss to T.S. Ragsdale Co., Inc., will greatly affect not only this South Carolina business but will have a severe impact on South Carolina tobacco markets; and
Whereas, T. S. Ragsdale Co., Inc., began in 1939 under the leadership of T. S. Ragsdale, Sr. The company has tripled in size and is a large contributor to the quality of life in the Pee Dee area with it being one of the largest taxpayers in Florence County occupying about two million square feet of space and providing about 350 seasonal (June through February) jobs and 40 full-time jobs in the Pee Dee area; and
Whereas, in 1984, the General Assembly supported legislation that provides that inventories of unmanufactured tobacco stored in South Carolina's tobacco warehouses for shipment to a manufacturer in another state is not considered property used in this State and would not be taxed. In the event T. S. Ragsdale Co., Inc., is not reinstated as the commission buyer for Brown & Williamson Tobacco Corp.(Export Leaf Tobacco Company), in view of South Carolina's dire budgetary problems, it is highly feasible that this legislation will be repealed. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives support the only South Carolina tobacco processing company and one of the last small dealers in the United States as the commission buyer for Brown & Williamson Tobacco Corp. (Export Leaf Tobacco Company).
Be it further resolved that a copy of this resolution be forwarded to Mr. T. E. Sandefur, Jr., President and CEO, Brown & Williamson Tobacco Corp., 1500 Brown & Williamston Tower, Louisville, KY 40232; T. S. Ragsdale Co., Inc., Lake City, SC; and to the members of the South Carolina Congressional Delegation.
The Resolution was adopted.
Rep. FARR moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., April 27, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointments of:
Initial Appointment, Sumter County Master-in-Equity, with term to expire December 31, 1998:
The Honorable Linwood S. Evans, Jr., 7 East Hampton Street, Sumter, S.C. 29150 VICE William M. Reynolds, Jr.
Very respectfully,
President
No. 024
Received as information.
On motion of Rep. WAITES, with unanimous consent, the following was taken up for immediate consideration:
H. 4154 -- Rep. Waites: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION TO USE THE HOUSE CHAMBER ON FRIDAY, JANUARY 7, 1994, FOR ORIENTATION OF NEW SCHOOL BOARD MEMBERS.
Be it resolved by the House of Representatives:
That the South Carolina School Boards Association may use the chamber of the House of Representatives on Friday, January 7, 1994, for orientation of new school board members. If the House is in statewide session, the chamber may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina School Boards Association for the use of the chamber.
The Resolution was adopted.
The following was introduced:
H. 4155 -- Reps. McMahand, Anderson, M.O. Alexander and Mattos: A CONCURRENT RESOLUTION CONGRATULATING BAKER'S CHAPEL ELEMENTARY SCHOOL OF GREENVILLE ON BEING SELECTED AS A "NATIONAL SCHOOL OF EXCELLENCE", AND COMMENDING THE STUDENTS, FACULTY, AND STAFF OF THE SCHOOL FOR THEIR OUTSTANDING HARD WORK AND COMMITMENT TO EXCELLENCE IN EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Thursday, May 13, which was adopted.
H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.
The following Bill was taken up.
S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 20, by the Committee on Judiciary.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15517SD.93), which was adopted.
Amend the bill, as and if amended, in Section 27-5-130 of the 1976 Code, as contained in Section 1, by adding a new subsection (D) to read:
/(D) In the event of a discrepancy between a deed and any addendum or attachment thereto where the words of inheritance or succession are contained in one of the documents, but not in all documents, or where conflicting language exists as to whether or not the grantor intended to convey a fee simple or a life estate interest in the real property, it is presumed rebuttable by clear and convincing evidence that the grantor intended to convey a fee simple absolute interest in the real property if he owned such an interest or his entire interest in the property if he did not own it in fee simple./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
S. 200 -- Senators Hayes and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
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.
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. HODGES explained the Bill.
Rep. G. BAILEY moved to adjourn debate upon the following Bill until Thursday, April 29, which was adopted.
S. 610 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 40-59-70, 40-59-77, 40-59-80, 40-59-90, 40-59-100, 40-59-110, 40-59-130, 40-59-140, 40-59-160, ALL AS AMENDED, AND SECTIONS 40-59-75 AND 40-59-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO RESIDENTIAL HOME BUILDERS, SO AS TO ESTABLISH A FEE SCHEDULE UNTIL THE GENERAL ASSEMBLY APPROVES THE FEES BY REGULATION; DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIALTY CONTRACTOR; REQUIRE THAT A RESIDENTIAL SPECIALTY CONTRACTOR POST A BOND IF THE COST OF THE UNDERTAKING EXCEEDS FIVE THOUSAND DOLLARS, AND PROVIDE FOR RECIPROCITY FOR A RESIDENTIAL BUILDER'S LICENSE TO THOSE BUILDERS IN GOOD STANDING IN OTHER STATES.
Rep. G. BAILEY moved to adjourn debate upon the following Joint Resolution until Thursday, April 29, 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. 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), which was adopted.
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. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\WWW\30124DW.93), which was adopted.
Amend the bill, as and if amended, page 7, by striking on line 19 /"/ and adding immediately after line 20:
/Section 4-35-160. The governing body may by ordinance abolish the improvement district if there is no outstanding public debt for which assessments have been imposed on property within the improvement district for the payment of the debt. The governing body must first conduct a public hearing. Notice of the hearing must appear in a newspaper of general circulation in the improvement district two weeks before the hearing is held."/
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time an ordered to third reading.
Rep. HOLT moved to adjourn debate upon the following Bill until Wednesday, May 5, 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. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7145BD.93).
Amend the bill, as and if amended, by striking Section 61-10-20, SECTION 1, page 1, beginning on line 41, and inserting:
/Section 61-10-20. The commission may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and payment of a biennial brewpub permit fee of two thousand dollars./
Amend further by striking Section 61-10-70, SECTION 1, page 2, beginning on line 39, and inserting:
/Section 61-10-70. The commission shall promulgate regulations for the appropriate enforcement of this chapter./
Amend title to conform.
Rep. CORNING explained the amendment.
Reps. CATO, SIMRILL, KIRSH, MEACHAM, MOODY-LAWRENCE, VAUGHN, TROTTER, FAIR, MARCHBANKS, WELLS, WORLEY and HASKINS objected to the Bill.
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.
Reps. HARRELSON, ANDERSON, COBB-HUNTER, INABINETT, SIMRILL, HINES, KENNEDY, KEYSERLING, BREELAND, WHIPPER, SCOTT, MEACHAM, VAUGHN, A. YOUNG, NEAL, J. BROWN, BYRD, J. BAILEY, RICHARDSON, D. WILDER and R. SMITH objected to the Bill.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15507SD.93), which was adopted.
Amend the bill, as and if amended, by striking Section 59-65-30, as contained in Section 1, and inserting:
/Section 59-65-30. The provisions of this article shall (do) not apply to:
(a) Any A child who has been graduated from high school or has received the equivalent of a high school education from a school approved by the State Board of Education, or member school of South Carolina Independent Schools' Association, or a private school in existence at the time of the passage of this article;
(b) Any A child who obtains a certificate from a psychologist certified by the State Department of Education or from a licensed physician stating that he is unable to attend school because of a physical or mental disability; provided there are no suitable special classes available for such child in the school district where he resides;
(c) Any A child who has completed the eighth grade and who is determined by the court to be legally and gainfully employed whose employment is further determined by such court to be necessary for the maintenance of his home;
(d) Any child who, at the time this article becomes law, is ten years of age or older and has been out of school for three years or more, provided there are no special classes in the school district for the child to attend;
(e) Any child who is married or has been married, any unmarried child who is pregnant or any child who has had a child outside of wedlock;
(f) (d) Any A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by such the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. Provided, however, that However, prior to being exempted from the provisions of this article, the court may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. Such The examination and testing shall must be conducted by the Department of Youth Services or by any local agency which the court determines to be appropriate; provided, further, that the The court shall revoke the exemption herein provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years./
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Reps. KELLEY, JASKWHICH and FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7179AL.93).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 59-65-35. The local school board shall establish a policy and procedure to assist a student who has a child out of wedlock with day care arrangements and to monitor academic progress. The policy and procedure must provide for an individual responsibility plan to be formulated and implemented by the school principal in consultation with persons he considers appropriate. The plan must include information about the student's day care arrangement and emergency contact when the regular day care is not available. A person within the school must be assigned to the student to assist in locating adequate day care and to conduct periodic meetings with the student, parents, teachers, or counselor, or a combination of them to monitor academic progress and to provide other assistance as necessary. The school shall implement the policy and maintain any documentation. The school board shall establish a policy to waive attendance requirements but this waiver must not allow leniency in the academic requirements."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Further proceedings were interrupted by the Joint Assembly the pending question being consideration of Amendment No. 2, Rep. FAIR having the floor.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
The 1993 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Matthews, Land, Hayes, Courson and Passailaigue, and Representatives SNOW, HARRELL, WHIPPER and ASKINS.
Lt. Governor Theodore made the following opening remarks:
"Today we want to thank these extraordinary South Carolinians for their achievement in basically keeping alive a rare and endangered art form that is rooted in the ethnic and traditional cultures of our State. We appreciate the sense of community, the sense of beauty, and the feeling for South Carolina's uniqueness that they carry with them as they perpetuate for future generations. Thanks to the Joint Committee on Cultural Affairs as well as the McKissick Museum for working together to make this event once again possible each year and for nurturing these traditions that mean so much to all of us in South Carolina. And now, I recognize the Honorable Robert Sheheen who will present the 1993 winners and recipients of our South Carolina Folk Heritage Awards."
Speaker SHEHEEN made the following remarks:
"Our winners today as in each year passed were selected by an Awards Advisory Committee whose names are printed in the rear of your program. On behalf of the General Assembly and the citizens of South Carolina, I would like to express our appreciation today, thanking them for their time and skill in making today's awards ceremony possible and the award winners. The South Carolinians we honor today have enriched the cultural life and heritage of our State in a unique and meaningful way. With the General Assembly's encouragement and support, we hope that their skills and dedication will be perpetuated for the benefit of all South Carolinians in the future. In addition to honoring our finest folk artists, this year we present our first Folk Heritage Advocacy Award, which is a new and optional category of recognition. Our winners today are here with us and the Advocacy Award for Folk Heritage tradition in South Carolina today is presented to the Catawba Cultural Preservation Project in Rock Hill for maintaining and promoting the crafts, art, culture, language, traditions, and history of the Catawba people. The Catawba Project is preserving this rich heritage with activities which include renovating a historic schoolhouse to create a community center, and establishing an annual festival featuring Catawba traditions of dancing, songs, storytelling, pottery, and foods. So, the first award today is a unique one which we give only on special occasions and it goes to the Catawba Cultural Preservation Project of Rock Hill. A representative of the Project please."
Rep. H. BROWN presented the award to the representative of the Catawba Cultural Preservation Project.
Speaker SHEHEEN:
"Our second award today goes to the Brotherhood Gospel Singers. The Brotherhood Gospel Singers perform unaccompanied gospel that draws upon the early male quartet repertoire. They perform more than forty concerts a year throughout the country, ranging from local charity benefits to Piccolo Spoleto. The Brotherhood Gospel Singers."
Rep. H. BROWN presented the award to the Brotherhood Gospel Singers.
Speaker SHEHEEN:
"Our third award this year goes to Archie Hunter of Florence County. Mr. Hunter belongs to a third generation of a family of traditional chairmakers, which started in Kershaw County. Today, at the age of 77, Mr. Hunter manufactures his own white oak rocking chairs with corn shuck seats, just as his grandfather did, entirely by hand. Mr. Archie Hunter of Florence County."
Rep. H. BROWN presented the award to Mr. Archie Hunter.
Speaker SHEHEEN:
"Our fourth award goes to the Lucas Sisters of Charleston, Rossiland, Mary, and Trudy, who began as child performers in the Charity Baptist Church, then they joined as adults with Christal Brown to form the Lucas Sisters group. Their repertoire encompasses the history of African-American religious music, from the early spiritual to contemporary gospel. The Lucas Sisters of Charleston."
Rep. H. BROWN presented the award to the Lucas Sisters.
Speaker SHEHEEN:
"The next award goes to the group who led us in today, the Old Morrisville Brass Band of Andrews, who under the leadership of Isaac Davis, has kept the African-American community tradition of brass bands alive in South Carolina. In many rural African-American communities, these bands, called 'picnic' bands for their usual performance locale, or 'jump up' bands for the stirring effect they had on their listeners, were organized around the turn of the century for social entertainment. The bands' style formed the basis for early jazz, and their repertoire includes marches, hymns, and spirituals. The Old Morrisville Brass Band."
Rep. H. BROWN presented the award to the Old Morrisville Brass Band.
Speaker SHEHEEN then recognized the Brotherhood Gospel Singers and the Lucas Sisters who performed for the Joint Assembly.
Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:45 P.M. the House resumed, the SPEAKER in the Chair.
Rep. BOAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4134 -- Reps. Cobb-Hunter, Inabinett and Breeland: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1993, "WORKERS' MEMORIAL DAY".
H. 4149 -- Reps. J. Brown, Anderson, Beatty, Breeland, Byrd, Canty, Cobb-Hunter, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper, White and Williams: A CONCURRENT RESOLUTION CONGRATULATING JESSE BROWN ON HIS APPOINTMENT AS SECRETARY OF VETERANS AFFAIRS AND COMMENDING HIM FOR HIS OUTSTANDING AND DEDICATED PUBLIC SERVICE.
H. 4152 -- Reps. Rudnick, Hallman, Harrison, Harwell, Scott, Waites, Holt, Kinon, P. Harris, Neilson, J. Brown, Barber, Shissias, Sheheen, Rogers, Byrd, Richards, R. Young, J. Bailey, Corning, Carnell, McAbee and Riser: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TERRELL L. GLENN OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4155 -- Reps. McMahand, Anderson, M.O. Alexander and Mattos: A CONCURRENT RESOLUTION CONGRATULATING BAKER'S CHAPEL ELEMENTARY SCHOOL OF GREENVILLE ON BEING SELECTED AS A "NATIONAL SCHOOL OF EXCELLENCE", AND COMMENDING THE STUDENTS, FACULTY, AND STAFF OF THE SCHOOL FOR THEIR OUTSTANDING HARD WORK AND COMMITMENT TO EXCELLENCE IN EDUCATION.
At 12:55 P.M. the House in accordance with the motion of Rep. HARRISON adjourned in memory of Terrell Glenn, to meet at 10:00 A.M. tomorrow.
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