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| Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Fair Farr Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4827 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Waldrop, Boan and Hodges: A CONCURRENT RESOLUTION ENDORSING THE PETITION REQUESTING AN ADMINISTRATIVE WAIVER REGULATION FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ALLOW STATES TO DEVIATE FROM AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM REGULATIONS FOR THE PURPOSE OF MAKING PROGRAM ADMINISTRATION MORE EFFICIENT AND EFFECTIVE.
Whereas, currently application and eligibility requirements differ substantially among the Aid to Families with Dependent Children (AFDC), food stamp, and Medicaid programs; and
Whereas, a recent congressional task force on welfare simplification and coordination identified fifty-seven policy differences between the AFDC and food stamp programs; and
Whereas, such differences make the application process confusing and more difficult for clients and the administration of these programs more prone to error; and
Whereas, at present the South Carolina Department of Social Services and other state social service agencies are petitioning the Department of Health and Human Services for an administrative waiver regulation for the AFDC program; and
Whereas, such a waiver would allow states to request and the Secretary of the Department of Health and Human Services to grant deviations from AFDC program regulations for the purpose of making program administration more effective and efficient; and
Whereas, with administrative waiver ability the Department of Social Services could make asset requirements and application procedures and requirements uniform for AFDC and food stamps; and
Whereas, the ability to bring more uniformity into these programs will aid clients in accessing these services, will make the administration of
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, endorses the petition for an administrative waiver regulation from the Department of Health and Human Services to allow states to deviate from AFDC program regulations for the purpose of making program administration more efficient and effective.
Be it further resolved that a copy of this resolution be forwarded to Donna Shalala, Secretary of the Department of Health and Human Services, Washington, D.C.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.
Referred to Committee on Ways and Means.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HODGES having the floor.
H. 4197 -- Rep. McElveen: A BILL TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY FOR PARTY PRIMARY ELECTIONS AND A PLEDGE TO ABIDE BY THE RESULTS OF THE PRIMARY
Debate was resumed on Amendment No. 1 by the Committee on Judiciary.
Rep. HODGES continued speaking.
The amendment was then adopted.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4511 -- Reps. Snow and D. Smith: A BILL TO PROVIDE THAT AN ASSIGNMENT OF A MORTGAGE GIVEN TO A FARM CREDIT SYSTEM INSTITUTION NEED NOT BE RECORDED IN ORDER TO PERFECT THE ASSIGNMENT IF THE UNDERLYING NOTE HAS BEEN ASSIGNED OR TRANSFERRED ACCORDING TO STATE LAW AND IS IN THE POSSESSION OF THE ASSIGNEE, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN COLLATERAL ASSIGNMENTS OF NOTES AND MORTGAGES ARE VALID, ENFORCEABLE, AND PERFECTED.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10936JM.94), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 2, by striking subsection (C) and inserting:
/(C) The execution of a written document containing an assignment of note is valid and enforceable from the time of execution to pass the interest granted, pledged, assigned, or transferred in the note and the mortgage securing the note as against the assignor, and the transfer is
Amend further, page 2, by adding at line 42 a subsection (F), as follows:
/(F) For documents executed on or after the effective date of this section, the provisions of this section providing that the assignment of mortgages need not be recorded must be reflected in the mortgage in bold print./
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4593 -- Reps. A. Young, Baxley, Wofford, Sharpe, Robinson, Sturkie, Kelley, Cobb-Hunter, G. Bailey, Vaughn, Witherspoon, Stuart, Davenport, Riser, Law, Meacham, Koon and Thomas: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, SO AS TO PROVIDE A PROCEDURE FOR COMBINING COUNTY BOARDS OF VOTER REGISTRATION AND COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE APPOINTMENT OF THE COMMISSION MEMBERS, ESTABLISH REQUIREMENTS FOR MEMBERS, AND PROVIDE FOR REASONS FOR REMOVAL OF MEMBERS BY THE GOVERNOR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30198DW.94).
Amend the bill, as and if amended, page 1, Section 7-13-230(A) as contained in SECTION 1, line 41, by inserting after /Governor/ /upon the
/(A) Upon a resolution, adopted by a majority of the governing body of a county, a commission may be created composed of five, seven, or nine members. The members of the commission must be appointed by the Governor upon the recommendation of a majority of the legislative delegation of the county./
Amend title to conform.
Rep. HODGES explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 4186 -- Reps. Corning, Sturkie, Sheheen, Shissias, Wright, Waites and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-355 SO AS TO PROVIDE THAT MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION ARE NOT REQUIRED TO WRITE PROPERTY INSURANCE TO COVER CERTAIN STRUCTURES SEAWARD OF THE SETBACK LINE ESTABLISHED BY THE COASTAL COUNCIL AND DEFINE TERMS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7618BDW.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, beginning on line 34, and inserting:
/SECTION 2. This act takes effect upon approval by the Governor and applies to habitable structures constructed or rebuilt, as defined in Section 38-75-355 of the 1976 Code, after June 30, 1994./
Amend title to conform.
Rep. CORNING 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. 4492 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-13-400, 38-13-410, AND 38-13-420 SO AS TO REQUIRE EVERY INSURER DOMICILED IN SOUTH CAROLINA TO FILE A REPORT WITH THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ENACT RELATED AND INCIDENTAL PROVISIONS OF LAW, INCLUDING FURTHER EXCEPTIONS TO REPORTING; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-5-180 SO AS TO PROVIDE THAT NO INSURER MAY OPERATE FROM A LOCATION WITHIN SOUTH CAROLINA UNLESS IT IS LICENSED AS AN INSURER UNDER SECTION 38-5-10, PERMITTED TO OPERATE AS AN APPROVED REINSURER UNDER SECTION 38-5-60, OR QUALIFIED TO OPERATE AS AN ELIGIBLE SURPLUS LINES INSURER UNDER SECTION 38-45-90.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10924JM.94), which was adopted.
Amend the bill, as and if amended, by striking subsection (A) of Section 38-13-410, as contained in SECTION 1, lines 25 through 34 on page 2, and inserting:
/Section 38-13-410. (A) No acquisitions or dispositions of assets need be reported pursuant to Section 38-13-400 if the acquisitions or dispositions are not material. For purposes of this section and Sections 38-13-400 and 38-13-420, a material acquisition (or the aggregate of any series of related acquisitions during any thirty-day period) or disposition (or the aggregate of any series of related dispositions during any thirty-day period) is one that is nonrecurring and not in the ordinary course of business and involves more than five percent of the reporting insurer's total admitted assets as reported in its most recent annual statement filed with the insurance department of the insurer's state of domicile./
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST.
Rep. J. BAILEY explained the Bill.
H. 4496 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT, WITH RESPECT TO THE POWER TO SUE OR BE SUED, ANY ACTION BROUGHT DIRECTLY AGAINST THE ASSOCIATION MUST BE BROUGHT AGAINST THE ASSOCIATION IN THE STATE OF SOUTH CAROLINA AS A CONDITION PRECEDENT TO RECOVERY DIRECTLY AGAINST THE ASSOCIATION.
H. 4498 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF CHAPTER 31 OF TITLE 38 DEALING WITH THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY
Rep. J. BAILEY explained the Bill.
The following was received. Columbia, S.C., March 23, 1994 Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully, President
On motion of Rep. HASKINS the invitation was accepted.
The following Bill was taken up.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
Amend the bill, as and if amended, in Item (13) of Section 34-24-20 of the 1976 Code as contained in SECTION 1, by striking /Texas,/ on line 30, page 3. When amended Item (13) shall read:
/ (12)(13) `Southern Region states' means the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia, and the District of Columbia./
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
Rep. R. YOUNG proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20410SD.94).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION If the provisions of this act in the opinion of the State Board of Financial Institutions after a period of five years from its effective date result in or cause the aggregate net loss of any South Carolina jobs in banks or bank holding companies to which the provisions of this act apply, the provisions of this act are repealed and those provisions of law amended by this act are reenacted in the manner they read before this act took effect. The State Board of Financial Institutions shall certify to the Governor and the General Assembly five years after the effective date of this act whether or not in its opinion the act results in the net loss of South Carolina jobs as above provided. However, the General Assembly by a two-thirds vote of both houses in a bill or joint resolution may override the provisions of this section and provide that the provisions of this act shall remain in full force and effect./
Renumber sections to conform.
Amend title to conform.
Rep. R. YOUNG explained the amendment.
Further proceedings were interrupted by the House standing at ease until the Joint Assembly, the pending question being the consideration of Amendment No. 2, Rep. R. YOUNG having the floor.
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