Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, Who knows every secret of our hearts - all that we fear and all for which we hope - draw near to us in these moments of prayer and remain close to us throughout this day. Compel us to be fair and just in all our dealings. Make our motives above suspicion. Cause us to make our word our bond. Let us be kind in our criticism of others and slow to judge, knowing that some day we will be judged by Him to Whom all hearts are open and from Whom no secrets are hidden.
So be with us this day and every day as we travel the journey of life. 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 Friday, the SPEAKER ordered it confirmed.
Rep. ALLISON moved that when the House adjourns, it adjourn in memory of Coley B. Prather, relative of Rep. LANFORD, of Socastee, which was agreed to.
February 12, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3161, R. 230, an Act:
TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.
This veto is based upon my belief that H. 3161, R. 230 of 1996, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning H. 3161, R. 230, without my signature.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
February 12, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4473, R. 237, an Act:
TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.
This veto is based upon my belief that H. 4473, R. 237 of 1996, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning H. 4473, R. 237, without my signature.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
February 12, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4217, R. 233, an Act:
TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.
This veto is based upon my belief that H. 4217, R. 233 of 1996, is unconstitutional. Article VIII, Section 10 of the South Carolina Constitution states that "[n]o laws for a specific municipality shall be enacted."
For the above reason, I am returning H. 4217, R. 233, without my signature.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
The following was received.
Columbia, S.C., February 8, 1996
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. 870:
S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON PINEWOOD ROAD AT ITS INTERSECTION WITH McCRAY'S MILL ROAD IN SUMTER IN HONOR OF R. J. CHIC MATHIS HIGHWAY.
Very respectfully,
President
Received as information.
The following were taken up for immediate consideration and accepted.
May 26, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I am writing to request that the South Carolina Chapter of the National Association of Social Workers' Annual Legislative Reception be placed on the House of Representatives Calendar. The reception is scheduled for Wednesday, March 6, 1996, from 6:30 - 9:00 P.M. at Columbia's Adam's Mark Hotel at the corner of Main and Hampton Streets.
We are looking forward to hearing from you.
Sincerely,
Marvin M. Bryant, Chair
Symposium Planning Committee
June 21, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I am writing to say the SCSBA would like to be put on the House Calendar for Wednesday, March 6, 1996, for a Day at the Capitol. School board members, superintendents and others will be visiting the capitol in the morning, and the legislators are invited to return with them to the Capital City Club for lunch.
Please send confirmation.
Sincerely,
Ora Lee Davidson
Secretary to General Counsel
June 27, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the 9,000 members of the South Carolina Association of Realtors, I would like to invite the members of the House of Representatives to our annual Mid-Day Capitol Conference Legislative Reception on Wednesday, March 13, 1996, at the Adam's Mark Hotel. This reception will begin immediately after the House recesses for lunch at about 12:45 P.M. and last until 2:30 P.M.
We ask that you please include this event on the House Calendar, and we look forward to having the members of the House join us.
Sincerely,
Jeannine B. Kees, President
August 25, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Probate Judges' Association is pleased to extend this invitation to members of the House of Representatives to attend a reception in honor of all members of the legislature. The reception will be from 6:00 to 7:00 P.M. on Tuesday, March 5, 1996, at the Adam's Mark Hotel in Columbia.
I would appreciate your placing this event on the official House Calendar, and I look forward to seeing you in March.
Very truly yours,
William J. Wylie, Jr.
September 12, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of South Carolina members of The Society of the Plastics Industry, Inc. (SPI), thank you for accepting our request in scheduling the SPI South Carolina Legislative Reception for Tuesday, March 26, 1996.
We are looking forward to you and your colleagues attendance that evening from 6:00 until 8:00 P.M. at The Stadium Place in Columbia.
If you have any immediate questions or need additional information, please do not hesitate to call me at 617/932-0012.
Thank you.
Sincerely,
Loretta A. Capezzuto
Regional Manager
October 24, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the Home Builders Association of South Carolina, I am pleased to invite the members of the House to be our guests at our annual Bird Supper. This will be our twenty-fifth quail dinner for the legislature and other public officials.
The Bird Supper will be held on Tuesday, March 19, 1996, at the National Guard Armory, Columbia, South Carolina. Cocktails will be served at 6:30 P.M. and dinner at 7:15 P.M.
We appreciate this opportunity to meet with our elected officials and express our concerns.
Sincerely,
Warren S. Carpenter, President
December 12, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
AAA Carolinas would like to reserve March 20, 1996, from 6 P.M. to 8 P.M. as the date and time to hold a reception for the members of the South Carolina House of Representatives.
Mr. Jim Cantey, a member of AAA Carolinas' Board of Directors, has graciously offered to host the party at either his home, 4805 Portobello Drive, Columbia (29206) or at his lake home at 537 Jacobs Mill Pond, Columbia (29223).
The exact site, along with a map, will be sent to the members of the House as the date nears. The hesitancy is because of some work being done at the Mill Pond site that might affect its usefulness for the reception.
I hope this information is appropriate for your needs.
Sincerely,
Tom Crosby
Vice-president, Communications
January 11, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Department of Archives and History extends an invitation to you, your colleagues and staff in the House of Representatives, members of the Senate and their staff to join us for coffee and refreshments during our 1996 Legislative Day.
The drop-in reception is scheduled for Wednesday, March 27, 8:30 A.M. until 10:00 A.M. in room 208 of the Blatt Building. Refreshments will be provided courtesy of the South Carolina Archives and History Foundation.
We plan to have a scale model of the new South Carolina History Center, drawings of exterior and interior views of the building, and a representative of HOK architects to answer questions and offer insight on the design process.
You will also have an opportunity to meet Will B. Spence, President and Chief Executive Officer of Wachovia Bank of South Carolina, and newly-elected president of the Archives and History Foundation.
It would not be a proper Archives and History function without some historic treasures from our collection. Look for documents, drawings and photographs regarding the construction and design of the State House, plus more "gems" from the archives.
We hope you will add our event to the House Calendar, and plan to join us for an informal morning to remember the past and hear about the future of the Department of Archives and History.
Sincerely,
George L. Vogt
Director
January 16, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the members of the South Carolina Summary Court Judges Association it is my pleasure to cordially invite all members of the South Carolina House of Representatives and its Officers to a reception honoring the members of the South Carolina General Assembly's One Hundred and Twelfth Session. The pleasure of their company is requested at Seawell's Restaurant, inside the South Carolina State Fairgrounds, in Columbia, South Carolina, on March 13th, 1996, commencing at six o'clock P.M.
Sincerely,
William H. Womble, Jr., President
January 18, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the members of the South Carolina State Library Board, I would like to invite the members of the House of Representatives and their staff to a breakfast drop-in at the South Carolina State Library on Wednesday, March 13, 1996, from 8:00 until 10:00 A.M. At this occasion we will preview the Notable South Carolina State Documents of 1995 which are selected in observance of Freedom of Information Day.
The State Library is located at 1500 Senate Street (corner of Bull and Senate Streets).
We look forward to your acceptance.
Sincerely yours,
Willie C. Saleeby
(Mrs. Edward E.)
Member, S.C. State Library Board
January 18, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Please put Wednesday, March 20, 1996, on the House Calendar for legislators to join Public Library Trustees, Friends and Library Administrators from throughout South Carolina for a luncheon at the Holiday Inn (Assembly Street) beginning at 12:30 P.M.
Sincerely yours,
Louise McAulay, President
January 23, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the Roundtable, I would like to invite the members of the House of Representatives to a breakfast. It will be held on Wednesday, March 6, at 8:00 A.M. The location is the Blatt Building, Room 208.
Our objective is to bring into focus issues that regard children. One of our presenters will be Senator Mike Fair. We look forward to this and ask that you please place this on the official House Calendar.
Thank you for your help.
Sincerely,
Judy B. Small
Roundtable Member and Coordinator
January 26, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on March 27, 1996, at 6:00 P.M. at the Sterling Garden Center, 320 Senate Street, Columbia, S.C. We would like to cordially invite the members of the House to attend this function.
I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information, please contact Anne Gillespie at the Association office.
Thank you for your assistance.
Sincerely yours,
L. Andrew Westbrook, III
Chairman
Young Bankers Division
February 6, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the Up-State, Mid-State, Lowcountry and Southern Piedmont Chapters of the Alzheimer's Association for South Carolina, I would like to cordially invite the House of Representatives to a Legislative Coffee Drop-in on Thursday, March 7, 1996. It will be from 9:00 A.M. until 10:30 A.M. in Room 208 Blatt Building.
Approximately 50,000 people in South Carolina have Alzheimer's disease or a related disorder today, and this number is expected to grow still higher as our population ages. These numbers become more devastating when those who care for these individuals are counted. The more support that can be provided to the families, the longer the patient can stay in the community, thereby delaying or preventing nursing home placement. Access to appropriate services, training, and day care or respite care are essential needs of these families.
Also essential to the needs of Alzheimer's disease is understanding from legislators. This is the one opportunity for Alzheimer's disease victims, caregivers and family members to meet with the members of the General Assembly to thank them for their continuous efforts and support.
On behalf of all the persons affected with Alzheimer's disease, we look forward to seeing you on this date.
Sincerely yours,
Leanne Holt
Executive Director
Mid-State Chapter
Alzheimer's Association
February 12, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Please be advised that the Members of the South Carolina Supreme Court, the South Carolina Court of Appeals, the Circuit Court of South Carolina and the Family Court of South Carolina, plan to cordially invite the Constitutional Officers of the State of South Carolina, the Members of the General Assembly of the State of South Carolina, and their staff to "An Old Fashioned Pig Pickin and Barbecue" to meet the Judges of this State, informally and personally on Tuesday evening, the Twelfth of March, from six until at the Woman's Club of Columbia, 1703 Blossom Street, Columbia, South Carolina.
If you should need any additional information, please advise. With regards, I am
Sincerely,
Judge Paul M. Burch
The following was introduced:
H. 4590 -- Rep. Stuart: A HOUSE RESOLUTION CONGRATULATING THE PELION HIGH SCHOOL BOYS CROSS COUNTRY TEAM ON WINNING THE 1995 CLASS A/AA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 15, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the members of the House of Representatives were delighted to learn that the Pelion High School Panthers Cross Country Team saved its best for last, and its best resulted in winning the 1995 Class A/AA State Championship; and
Whereas, the Panthers placed five runners in the top 21 places and won the title with 61 points; and
Whereas, Coach Mark Bedenbaugh noted that this was the first boys state championship in the school's history and to beat Ben Lippen was an accomplishment because they had beaten the Panthers earlier this year; and
Whereas, the Pelion High varsity team consisted of Kevin McCrarey, Paul Crawford, Jeremy Price, Michael Hicks, Bryan Pruitt, Elisha Brinton, and Mitch Rowell; and
Whereas, the Panthers junior varsity team consisted of William Folden, Ethan Crews, Ronald Runions, William Marsh, Andrew Heath, Matt Pendleton, Raymond Puckett, Jason Orrey, Patrick Livingston, Chris Lincoln, Shaun Williamson, Jon Marsh, Josh Gantt, Greg Crawford, Rich Debreau, Clifford Poole, Erick Sprenne, Denny Hancock, John MacDonald, and Eric Livingston; and
Whereas, the Panthers of Pelion High School, led by their fine Coach Mark Bedenbaugh, exhibited outstanding talent and have brought honor to Pelion High School and to the Town of Pelion. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate the Pelion High School Boys Cross Country Team on winning the 1995 Class A/AA State Championship.
Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives for the purpose of being recognized and congratulated on Thursday, February 15, 1996, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to Mark Bedenbaugh, Head Coach of Pelion High School's Cross Country Team, and to Jean Haggard, Principal of Pelion High School.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4591 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4592 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THIS MORATORIUM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4593 -- Reps. Meacham, Cato, Young-Brickell, Witherspoon, Hutson, Law, Cooper, Fulmer, Spearman, Wells, Seithel, Cain, Hallman, Simrill, Bailey, Limbaugh, H. Brown, Stuart, Robinson, Wofford, Trotter, Whatley, Marchbanks, Jaskwhich, Tripp, Davenport, Stille, Townsend, Littlejohn, Sharpe, Kelley, Chamblee, Wilder, Gamble, Waldrop, Riser, Phillips, Lanford, Rice and Allison: 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 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO FURTHER DEFINE "AUTOMOBILE INSURANCE" AND ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES AND ADD A PROVISION THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO ADD PROVISIONS REGARDING "COLLATERAL SOURCES"; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO PROVIDE THAT "DAMAGES" INCLUDE ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350 AND THAT INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE NONSTACKABLE POLICIES OF UNINSURED MOTORIST COVERAGE CONTAINING CERTAIN POLICY PROVISIONS; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND TO UNDERINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AT THE OPTION OF THE INSURED, IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE AND THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION; TO AMEND SECTION 56-9-350, RELATING TO THE VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, THE EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, 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 TO THE DEPARTMENT OF PUBLIC SAFETY ON A FORM PRESCRIBED BY THAT DEPARTMENT, THAT THE REPORT MUST CONTAIN CERTAIN INFORMATION, AND THAT FAILURE TO FILE THE REPORT, IN THE PROPER VERIFIED MANNER, IS PRIMA FACIE EVIDENCE THAT THE VEHICLE WAS NOT PROPERLY REGISTERED; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURERS, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE FURTHER REASONS WHICH CANNOT BE USED BY AN INSURER, AGENT, OR BROKER REFUSING TO WRITE OR RENEW SUCH COVERAGE, WITH PENALTIES, 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 TITLE 38, CHAPTER 77, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A JOINT UNDERWRITING ASSOCIATION AND PROVIDE, AMONG OTHER THINGS, FOR THE ABOLISHMENT OF THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE 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, INCLUDING A "PREFERRED" RATE, A "STANDARD" RATE, A "NONPREFERRED" RATE, AND A "SUBSTANDARD" RATE, AND THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO CHANGE THE PENALTIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE PERFORMANCE OF VARYING AMOUNTS OF PUBLIC SERVICE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS POSSIBLE INCREASE IN RATES, EFFECT OF SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THIS LIST MUST BE ON AN APPROVED FORM AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JOINT UNDERWRITING ASSOCIATION MUST BE SET BY THE ASSOCIATION'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO CHANGE THE PENALTIES THEREFOR; TO AMEND SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT AN INSURER MAY CEDE THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY THAT IT IS MANDATED TO WRITE TO THE JOINT UNDERWRITING ASSOCIATION, RATHER THAN THE REINSURANCE FACILITY, BUT IT 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; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; TO REPEAL SECTIONS 38-73-1420, RELATING TO THE FILING OF AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES BY THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY, 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, 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 AND THE PROVISION THAT THIS SECTION APPLIES ONLY TO INSURANCE POLICIES COVERING VEHICLES ELIGIBLE TO BE CEDED TO THE REINSURANCE FACILITY, 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, THE PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, 38-77-940, RELATING TO AUTOMOBILE INSURANCE, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, 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 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT, EXCEPT THAT IF SECTION 38-78-110 OR SECTION 38-78-120 IS FOUND UNCONSTITUTIONAL OR INVALID IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD NOT HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT SUCH LIMITATIONS AND THE ENTIRE ACT IS INVALID; AND TO PROVIDE 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 ARE SUBROGATED TO ALL OF THE RIGHTS OF PERSONAL PROTECTION INSUREDS FOR ALL PREVIOUS SUCH BENEFITS PAID.
Referred to Committee on Labor, Commerce and Industry.
H. 4594 -- Reps. Witherspoon, Sharpe, Herdklotz, McCraw, McTeer, Riser, McElveen, Fleming, Cromer, Limehouse and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4597 -- Reps. Harrell, Townsend, Wilkins, Allison, Quinn, Harrison, Richardson, Knotts, Koon, Worley, J. Brown, Law, Lanford, Cain, Riser, Cooper, Rhoad, Kirsh, Walker, Waldrop, Keegan, Kelley, Shissias, Limbaugh, Boan, Stuart, H. Brown, Wells, Klauber, J. Young, Hallman, Limehouse, Fulmer, Cotty, Whatley, Wright, Simrill, Davenport, Hutson, Littlejohn, D. Smith, Sharpe, Seithel, Vaughn, Wofford, Dantzler, Rice, Cato, R. Smith, Haskins, Mason, Jaskwhich, Marchbanks, Thomas, Young-Brickell, Herdklotz, Trotter, Robinson, Sandifer, Stille, Witherspoon and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL ACCOUNTABILITY ACT OF 1996" INCLUDING PROVISIONS TO DIRECT THE STATE BOARD OF EDUCATION TO REPEAL ALL REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THE SCHOOL ACCOUNTABILITY ACT OF 1996 AS WELL AS THOSE WHICH ADDRESS ISSUES WHICH SHOULD BE DECIDED BY EACH SCHOOL DISTRICT AS A MATTER OF LOCAL SCHOOL BOARD POLICY; TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO ESTABLISH BENCHMARKS OF SUCCESS WHICH MUST BE ACHIEVED BY EVERY PUBLIC SCHOOL IN THIS STATE BY SPECIFIED YEARS, TO ESTABLISH A JOINT COMMITTEE TO REVIEW THE ELEMENTS OF THE EDUCATION FINANCE ACT FOUNDATION PROGRAM AND RECOMMEND REVISIONS, TO PROVIDE THAT CERTAIN EDUCATION IMPROVEMENT ACT FUNDS SHALL BE ALLOCATED AND DISTRIBUTED TO LOCAL SCHOOLS AND DISTRICTS AS LOCAL SCHOOL INNOVATION FUNDS, TO REQUIRE EACH SCHOOL DISTRICT TO RETAIN AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT AN ANNUAL AUDIT OF FUNDS EXPENDED BY THE DISTRICT, TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO EVALUATE EACH PUBLIC SCHOOL USING THE ABOVE BENCHMARKS OF SUCCESS AND CLASSIFY EACH SCHOOL AS SUCCESSFUL, IMPROVING, ADVISED, WARNED, OR SUBSTANDARD, AND TO PROVIDE FOR PROCEDURAL REWARDS, REMEDIES, AND REQUIRED CORRECTIVE ACTION, IF APPLICABLE, BASED ON EACH CLASSIFICATION; BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1996 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE THAT CURRENT MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE; BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1996, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR; BY ADDING SECTION 59-19-91 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF LOCAL SCHOOL BOARDS OF TRUSTEES; BY ADDING SECTION 59-19-92 SO AS TO PROVIDE THAT AFTER THE 1996 GENERAL ELECTION, IT SHALL BE UNLAWFUL FOR A SCHOOL TRUSTEE TO RECEIVE PAY AS AN EMPLOYEE OF A PUBLIC SCHOOL THAT IS LOCATED IN THE SAME DISTRICT OF WHICH THAT PERSON IS A TRUSTEE; AND BY ADDING SECTION 59-24-65 SO AS TO FURTHER PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF SCHOOL SUPERINTENDENTS AND HOW THESE POWERS, DUTIES, AND RESPONSIBILITIES INTERACT WITH THOSE OF THE LOCAL SCHOOL BOARD OF TRUSTEES.
Referred to Committee on Education and Public Works.
H. 4598 -- Reps. Herdklotz, Kirsh, Cotty, Rice, Easterday, Haskins, Rhoad, Kelley, Wells, Tripp and Fleming: A BILL TO AMEND SECTION 58-27-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELECTRICAL UTILITY", SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, OR MUNICIPALITY FURNISHING ELECTRICITY ONLY TO HIMSELF OR ITSELF, THEIR RESIDENTS, EMPLOYEES, OR TENANTS OR TO ANY INDUSTRIAL FACILITY FOR ITS OWN USE, SO LONG AS ELECTRICITY FURNISHED TO THE INDUSTRIAL FACILITY IS GENERATED AT OR ADJACENT TO THE INDUSTRIAL FACILITY, WHEN THE CURRENT IS NOT RESOLD OR USED BY OTHERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4599 -- Reps. Herdklotz, Sandifer, Cain, Rice, Easterday, Haskins, Limehouse, Kirsh, Kelley, Tripp, Rhoad and Fleming: A BILL TO AMEND SECTION 58-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "PUBLIC UTILITY", SO AS TO PROVIDE THAT A CORPORATION OR PERSON FURNISHING STEAM FOR PURPOSES OTHER THAN RESIDENTIAL HOME HEATING SHALL NOT BE CONSIDERED A PUBLIC UTILITY BY VIRTUE OF FURNISHING THE STEAM.
Referred to Committee on Labor, Commerce and Industry.
H. 4603 -- Reps. McCraw and Phillips: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 4 WITH BOW AND ARROW SHALL BE AS SET BY THE DEPARTMENT OF NATURAL RESOURCES BETWEEN AUGUST FIFTEENTH AND JANUARY FIRST.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4607 -- Reps. Townsend and Kirsh: A BILL TO AMEND SECTION 59-6-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION, SO AS TO ADD THE CHAIRMAN OF THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE CHAIRMAN OF THE SENATE EDUCATION COMMITTEE, OR THEIR DESIGNEES, AS MEMBERS OF THE PARTNERSHIP.
Referred to Committee on Education and Public Works.
S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
Referred to Committee on Judiciary.
S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.
Referred to Committee on Labor, Commerce and Industry.
S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
Referred to Committee on Education and Public Works.
S. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.
On motion of Rep. MARCHBANKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, February 20, 1996.
Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4596 -- Reps. R. Smith, Clyburn and Mason: A HOUSE RESOLUTION TO CONGRATULATE LEAVELLE MCCAMPBELL MIDDLE SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR RECEIVING THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD FOR A MIDDLE SCHOOL, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.
The Resolution was adopted.
The following was introduced:
H. 4604 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4605 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING AND DEDICATED SERVICE OF BESSIE S. GILBERT OF HARTSVILLE AS AN EMPLOYEE OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4606 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING DOROTHY S. SCARBOROUGH OF LAMAR FOR HER EXEMPLARY AND DEVOTED SERVICE AS A MEMBER AND OFFICER OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin McAbee McCraw McKay McMahand Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, February 13.
Becky Meacham Grady A. Brown Kenneth Kennedy
STATEMENT RE ATTENDANCE
Rep. KLAUBER signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 13.
The SPEAKER granted Rep. COOPER a leave of absence for the week.
The SPEAKER granted Rep. CANTY a leave of absence for the week.
The SPEAKER granted Rep. MASON a leave of absence for the day.
The SPEAKER granted Rep. LANFORD a leave of absence due to the funeral of a family member.
Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.
Rep. EASTERDAY moved that when the House adjourns it adjourn to meet at 11:30 A.M. tomorrow, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.
H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.
H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.
Rep. CATO explained the Bill.
The following Bill was taken up.
H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.
Reps. JENNINGS, J. HARRIS and KINON proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2245DW.96), which was adopted.
Amend the bill, as and if amended, page 1, SECTION 1, line 34, item (4), by inserting after /College/ /, or his designee/
Amend the bill further, page 2, SECTION 2, line 17 by striking after subsection (D) /No person who holds any other elected or appointed office is eligible for appointment to this board./ and inserting /A member of this board constitutes an "office" referred to in Section 3, Article VI of the Constitution of South Carolina, 1895./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
The Senate amendments to the following Bill were taken up for consideration.
H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.
Rep. J. BROWN proposed the following Amendment No. 1A (Doc Name P:\amend\PFM\7932AC.96), which was adopted.
Amend the bill, as and if amended, Section 40-51-30(B), page 3, line 21, by inserting /consecutive/ after /one/;
Amend further, Section 40-51-30(C), page 3, line 28, by inserting /,in conjunction with the Department of Labor, Licensing and Regulation,/ after /secretary/;and line 33, by deleting /secretary of the board/ and inserting /Department of Labor, Licensing and Regulation/;
Amend further, Section 40-51-30(D), page 3, line 34, by deleting /by the secretary/; and line 36, by deleting /secretary/ and inserting /department/;
Amend further, Section 40-51-30(E), page 4, by deleting lines 1 and 2 and inserting /to replace./.
Amend further, Section 40-51-30, page 4, by deleting subsection (H).
Amend further, Section 40-51-80, page 4, line 28, by inserting before /./ the following: /; however, a written examination administered by the board must be a nationally recognized examination or must be administered by at least one other state/.
Amend further, Section 40-51-140, page 5, by deleting lines 18-21 and inserting:
/be established in regulation by the board, annually must complete twelve hours of continuing medical education through a program approved by the South Carolina Board of Podiatry Examiners, and must submit documentation to the board of completion of this education. If the renewal fee is not accompanied/.
Renumber sections to conform.
Amend title to conform.
Rep. J. BROWN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.
The Bill was read the third time, and ordered sent to the Senate by a division vote of 43 to 7.
The motion period was dispensed with on motion of Rep. SHEHEEN.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 20, which was adopted.
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
Rep. TOWNSEND moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4566 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND ARTHUR C. NORZ OF GREENVILLE COUNTY FOR HIS LEADERSHIP IN IMPROVING THE LIVES OF THE PEOPLE OF GREENVILLE COUNTY AND THE STATE OF SOUTH CAROLINA.
H. 4567 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO RECOGNIZE THE TOWN OF PORT ROYAL FOR HOSTING THE 1996 PORT ROYAL GOLD CHALLENGE MISTRAL CLASS FOR WINDSURFING AND TO ENCOURAGE THE TOWN TO HAVE ATHLETIC EVENTS SIMILAR TO THE GOLD CHALLENGE IN THE FUTURE.
H. 4579 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND LEVON KIRKLAND OF THE TOWN OF LAMAR IN DARLINGTON COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS A HIGH SCHOOL AND COLLEGE FOOTBALL PLAYER, ON BECOMING A PROFESSIONAL FOOTBALL PLAYER FOR THE NATIONAL FOOTBALL LEAGUE'S PITTSBURGH STEELERS, AND FOR HIS PERFORMANCE IN SUPER BOWL XXX.
At 12:35 P.M. the House in accordance with the motion of Rep. ALLISON adjourned in memory of Coley B. Prather, relative of Rep. LANFORD, of Socastee, to meet at 11:30 A.M. tomorrow.
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