Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 2080 . . . . . Tuesday, March 28, 1995

H. 3651--SENT TO THE SENATE

The following Bill was taken up.

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

Rep. WILKES spoke against the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence.

Rep. WILKES continued speaking.

Rep. WILKES moved to table the Bill.

Printed Page 2081 . . . . . Tuesday, March 28, 1995
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Yeas 20; Nays 90

Those who voted in the affirmative are:

Breeland         Byrd             Canty
Carnell          Cave             Cobb-Hunter
Govan            Howard           Inabinett
Keyserling       Lloyd            McMahand
Neal             Scott            Sheheen
Whipper, L.      Whipper, S.      White
Wilkes           Williams

Total--20

Those who voted in the negative are:

Allison          Askins           Bailey
Baxley           Boan             Brown, G.
Brown, H.        Brown, J.        Brown, T.
Cain             Cato             Chamblee
Clyburn          Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Elliott
Fair             Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harrison         Harvin
Herdklotz        Hodges           Huff
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McAbee           McCraw           McKay
McTeer           Meacham          Neilson
Phillips         Quinn            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart

Printed Page 2082 . . . . . Tuesday, March 28, 1995
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilder
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--90

So, the House refused to table the Bill.

Rep. SIMRILL spoke in favor of the Bill.

The Bill was read the third time and ordered sent to the Senate.

Rep. FLEMING moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3851 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MICHELLE SCHWENDIMANN OF INMAN FOR BEING SELECTED AS A FINALIST IN THE 1995-96 CONGRESS-BUNDESTAG YOUTH EXCHANGE PROGRAM AND TO WISH FOR HER A VERY REWARDING AND CHALLENGING SCHOOL YEAR IN GERMANY.

ADJOURNMENT

At 1:30 P.M. the House in accordance with the motion of Rep. WOFFORD adjourned in memory of Ruby Mitchell of Goose Creek, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 2083 . . . . . Wednesday, March 29, 1995
Wednesday, March 29, 1995

(Statewide Session)

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:

On this day, Lord, when we recall "the 100th Celebration of Women in the Legislature," we salute these women, past and present, as they have become partners with each other and with others, in moving this Nation forward. We thank You for the hidden powers of womanhood, the invisible strength, the spiritual stamina, the motivation for public service which has flowed into the lives of others and made the world richer by their influence.

We thank You, Lord God, for Your providence that has watched over us from generation to generation. And may all of us - men and women alike - continue to play in concert our part that this our beloved Country may remain "one Nation under God." Spare us from fear of the future.

"Even from everlasting to everlasting You are God." (Psalm 90:2b)

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.

MOTION ADOPTED

Rep. RICE moved that when the House adjourns, it adjourn in memory of Mary G. Sandzen of Greenville, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3782 -- Rep. Wells: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOSEPH P. FINNEGAN, JR., PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF

Printed Page 2084 . . . . . Wednesday, March 29, 1995
AND THE BLIND, AND A GROUP OF OUTSTANDING STUDENTS FROM THE SCHOOL ON WEDNESDAY, APRIL 26, 1995, FOR THE PURPOSE OF BEING RECOGNIZED.

H. 3782--ADOPTED

On motion of Rep. QUINN, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 3782 -- Rep. Wells: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOSEPH P. FINNEGAN, JR., PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, AND A GROUP OF OUTSTANDING STUDENTS FROM THE SCHOOL ON WEDNESDAY, APRIL 26, 1995, FOR THE PURPOSE OF BEING RECOGNIZED.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to Mr. Joseph P. Finnegan, Jr., President of the South Carolina School for the Deaf and the Blind, and a group of outstanding students from the school on Wednesday, April 26, 1995, in recognition of the school's contributions to young people with disabilities and in recognition of the accomplishments of these outstanding students.

Be it further resolved that a copy of this resolution be forwarded to Mr. Joseph P. Finnegan, Jr.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE

Printed Page 2085 . . . . . Wednesday, March 29, 1995
PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE
Printed Page 2086 . . . . . Wednesday, March 29, 1995
INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND
Printed Page 2087 . . . . . Wednesday, March 29, 1995
USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.

POINT OF ORDER

Rep. FELDER raised the Point of Order that H. 3827 was out of order in compliance with Rule 4.4 which states that no bill, except a committee bill, shall be considered by the House until one week after the date of its first reference to a committee.

The SPEAKER stated that reading it across the desk did not violate the Rule.

Rep. FELDER stated that last week the Bill had been placed on the desk and he was going to raise a Point of Order.

The SPEAKER stated that the Bill had been withdrawn last week but if it had been a committee report last week, then it would have been out of order in compliance with Rule 4.4.

Rep. FELDER stated that the Bill returned to the committee but no further action was taken on it. He further stated that the Bill should have been returned to the subcommittee and not the full committee.

The SPEAKER stated he could control the committee's action and the Point of Order should have been raised in committee.

Rep. FELDER stated that the committee did not take any further action on the Bill yesterday. He further stated that Rule 4.4 also stated that notice of writing of all committee action taken on a bill or resolution shall be given to the principal author.

Printed Page 2088 . . . . . Wednesday, March 29, 1995
The SPEAKER stated that the committee had taken up the Bill and passed it out of committee and that the committee chairman had held the Bill out last week since it had not been in committee a full week and that it was in compliance with Rule 4.4 and he overruled the Point of Order.

Order for consideration tomorrow.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

Ordered for consideration tomorrow.

Printed Page 2089 . . . . . Wednesday, March 29, 1995
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO INCLUDE IN THE DEFINITION OF "TRADEMARK" THE SYMBOL OF THE INTERNATIONAL OLYMPIC COMMITTEE, THE EMBLEM OF THE UNITED STATES OLYMPIC COMMITTEE, AND RELATED ITEMS AND MATTERS.

Ordered for consideration tomorrow.

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