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:
Almighty God, Whose blessings are without number and Whose presence is for all, teach us that we may stand in full stature of which we are intended. Deliver us from foolish discontent, from envy which fails to count life's blessings and from jealousy which sears the soul and scars the personality. Save us from regrets about things that cannot be altered. Give us the ability to accept the inevitable. Grant to us such a measure of Your wisdom that our lives will bring joy to others and contentment to ourselves.
So may we serve our present age, our calling to fulfill.
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. J. BROWN moved that when the House adjourns, it adjourn in memory of Clarence Mitchell of Columbia, which was agreed to.
In accordance with the action taken by the General Assembly on April 9, 1963 and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold
from January 29, 1996 to May 2, 1997,
2,173 @ $5.00 each 10,865.00
Total $10,875.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's General Fund 10,865.00
Total $10,875.00
Sandra K. McKinney
Clerk of the House
The following was received.
Document No. 2106
Promulgated By State Ethics Commission
Statutory Authority: 1976 Code Section 2-17-10 et seq. and 8-13-100 et seq.
Ethics, Government Accountability, Campaign Reform
Received By Speaker January 8, 1997
Referred to House Committee on Judiciary
120 Day Review Period Expiration Date May 13, 1997
Revised May 18, 1997
Revised May 26, 1997
Senate Judiciary Committee Requested Withdrawal March 21, 1997
Withdrawn and Resubmitted March 26, 1997
House Judiciary Committee Requested Withdrawal April 23, 1997
Withdrawn and Resubmitted May 1, 1997
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Reps. CANTEY and LEE, for the minority, submitted an unfavorable report, on:
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4103 -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DR. WILLIAM C. REID, PASTOR OF BUNCOMBE STREET UNITED METHODIST CHURCH IN GREENVILLE AND FATHER OF CHARLES REID, COUNSEL TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING DEEPEST SYMPATHY TO ALL THE MEMBERS OF THE REID FAMILY.
Whereas, The Reverend Dr. William C. (Bill) Reid, pastor of Buncombe Street United Methodist Church in Greenville, has died at the age of sixty-four; and
Whereas, he was the father of Charles Reid, Counsel to the Speaker of the House of Representatives; Dr. Reid was also the former pastor of Shandon United Methodist Church in Columbia; and
Whereas, Dr. Reid was a minister for United Methodist churches across South Carolina for nearly four decades; he was an avid outdoorsman who enjoyed fishing for bream and hunting quail; he was a devoted family man who fully appreciated the importance of family life and a strong family; he was also a kind, loving, and gentle man who appreciated humor and used it effectively in his sermons; and
Whereas, his life was one of honor and of complete commitment to Christian ideals; Bill Reid was well-known and greatly admired across the Palmetto State for his exceptional service to United Methodist congregations, for his ecumenical spirit, and for his outstanding service to each community where he served as a minister of the Gospel; and
Whereas, his untimely death has brought sadness to countless individuals, and his presence will be missed very much; however, he left his mark in having touched and shaped the lives of many people, and he will always be remembered with love; and
Whereas, we want all the members of the Reid family, and especially our friend Charles, 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, by this resolution, express profound sorrow at the death of The Reverend Dr. William C. Reid, Pastor of Buncombe Street United Methodist Church in Greenville, and extend deepest sympathy to all the members of the Reid family.
Be it further resolved that a copy of this resolution be forwarded to the Reid family.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4104 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MRS. CARRIE WHIPPER OF NORTH CHARLESTON FOR HER COURAGE AND COMPASSION IN HER DANGEROUS RESCUE OF AN ABANDONED WOMAN AND CHILDREN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4105 -- Reps. Cobb-Hunter, Felder, Govan, Sharpe, Stuart, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE DR. LEROY DAVIS, EIGHTH PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG, FOR HIS OUTSTANDING ACHIEVEMENTS AND TO EXTEND THE SINCERE WISHES OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HIM AND TO THE UNIVERSITY FOR A SUCCESSFUL AND PRODUCTIVE TRANSITION INTO THE TWENTY-FIRST CENTURY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4106 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO APPLICATION FOR LICENSE; EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4107 -- Rep. Rhoad: A BILL TO AMEND SECTION 7-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DESIGNATE THE VOTING PLACE OF THE EDISTO PRECINCT AS THE EDISTO RURAL FIRE DEPARTMENT.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 712 -- Senator Bryan: A BILL TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
Referred to Greenville Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, H. Brown, J. Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Govan Hamilton Harrell Harvin Hawkins Hinson Hodges Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Law Leach Lee Littlejohn Loftis Mack Maddox Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neal Neilson Parks Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stoddard Stuart Trotter Vaughn Walker Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 6.
Bradley L. Jordan Floyd Breeland Mack T. Hines Ronald P. Townsend Amos Lee Gourdine Molly M. Spearman Walter P. Lloyd Larry L. Koon Curtis B. Inabinett Michael E. Easterday L. Hunter Limbaugh Alma W. Byrd Marion P. Carnell Harry R. Askins Steve P. Lanford Ralph W. Canty Lynn Seithel Clementa C. Pinckney Timothy C. Wilkes Jesse E. Hines Leon Howard Richard M. Quinn, Jr. Jackson S. Whipper Olin R. Philips Grady A. Brown Becky Rogers Martin Theodore A. Brown
LEAVES OF ABSENCE
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day due to exams at Winthrop.
The SPEAKER granted Rep. HASKINS a leave of absence for the day.
The SPEAKER granted Rep TRIPP a leave of absence for today and tomorrow due to business reasons.
The SPEAKER granted Rep. MARTIN a temporary leave of absence.
I was present during the roll call but was temporarily out of the chamber.
Rep. BRADLEY L. JORDAN
The following Bill was taken up.
H. 3780 -- Reps. Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.
Rep. YOUNG, with unanimous consent, proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4542CM.97), which was adopted.
Amend the bill, as and if amended, by striking Section 16-11-110(C), page 2, beginning on line 3, and inserting:
/(C) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning of a building, structure, vehicle, vessel, craft, or personal property other than those specified in subsections (A) or and (B) with intent to destroy or damage the building by explosion or fire, whether his own or another's, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years./
Amend title to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bill was taken up.
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
Rep. LIMBAUGH proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1207DW.97), which was adopted.
Amend the bill, as and if amended, SECTION 1, Section 22-5-910, page 1, at the end of line 25, by striking /one year/ and inserting /three years/.
Amend further, page 1, line 34, following /the/ by striking /one-year/ and inserting /three-year/.
Amend further, page 1, at beginning of line 36, following /Court/, by striking /shall/ and inserting /may/.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. SCOTT moved to table the amendment, which was not agreed to by a division vote of 6 to 45.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. KIRSH, SIMRILL and SCOTT requested debate on the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 135 -- Senator McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221, SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(C) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET; AND TO PROVIDE FOR REFUNDS UPON APPLICATION.
Rep. McKAY explained the Bill.
The following Bill was taken up.
S. 188 -- Senators Drummond, Giese and Rose: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Rep. CATO proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20585SD.97), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 38-79-110(2) of the 1976 Code is amended to read:
"(2) 'Licensed health care providers' means physicians and surgeons, nurses, oral surgeons, dentists, pharmacists, chiropractors, podiatrists, hospitals, nursing homes, or any similar major category of licensed health care providers. The term 'licensed health care provider' also includes blood centers which collect, process, and distribute blood to hospitals and physicians for the care of patients if these blood centers as of July 1, 1997, were insured with the Joint Underwritering Association."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. ROBINSON explained the Bill and moved to adjourn debate upon the Bill until Wednesday, May 7, which was adopted.
The following Bill was taken up.
S. 343 -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1170MM.97), which was adopted.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. Section 12-51-50 of the 1976 Code is amended to read:
"Section 12-51-50. The property duly advertised must be sold by the person officially charged with the collection of delinquent taxes at public auction at the courthouse or other convenient place within the county if designated and advertised on a legal sales date during regular hours for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. In case the defaulting taxpayer has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's delinquent taxes, assessments, penalties, and costs, no further items may be sold."
SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
Rep. McKAY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15177AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-37-10, page 17, immediately after line 28, by inserting /(D) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. PARKS moved to adjourn debate upon the Bill until Wednesday, May 7, which was adopted.
The following Bill was taken up.
S. 359 -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7296AC.97).
Amend the bill, as and if amended, the first unnumbered paragraph after item (5) of Section 40-35-10(A), page 13, line 2 after /serve/ by inserting /as a nonvoting member/ so when amended, the first unnumbered paragraph after item (5), Section 40-35-10(A) will read:
"The Commissioner of the Department of Health and Environmental Control, or his designee, also shall serve as a nonvoting member on the board ex officio."
Amend the bill further, as and if amended, page 16 by deleting Section 40-35-110, and inserting:
/"Section 40-35-110. Misconduct, which constitutes grounds for revocation, suspension, or other restriction of a license or a limitation or other discipline of a licensee, is a satisfactory showing to the board of:
(1) acting in a manner inconsistent with the health or safety of the residents of the nursing home or community residential care facility;
(2) failing to ensure that the nursing home or community residential care facility in which the licensee is an administrator complies with the provisions of law and regulations of the licensing or supervising authority or agency, whether federal, state, or local, having jurisdiction over the operation and licensing of the nursing home or community residential care facility.
(3) Permitting unauthorized disclosure of information relating to a resident in a nursing home or community residential care facility under the licensee's administration."/
Amend the bill further, page 19, Section 40-35-240 by inserting immediately after line 24:
/"(G) The board may issue a nursing home administrator's license or community residential care facility administrator's license to any person who holds a current license as a nursing home administrator or community residential care facility administrator from another jurisdiction if it finds that the standards for licensure in the other jurisdiction are at least the substantial equivalent of those in this State and if the applicant has passed the South Carolina portion of the licensure examination and is otherwise qualified."/
Amend title to conform.
Renumber sections to conform.
Rep. PARKS explained the amendment.
Rep. J. BROWN moved to adjourn debate upon the Bill until Wednesday, May 7, which was adopted.
The following Bill was taken up.
S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4473JM.97), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, as contained on line 28, page 1, and inserting:
/SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. CLYBURN proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4520SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Whenever the term "Register of Mesne Conveyances" appears in the Acts and Joint Resolutions of the General Assembly or in the 1976 Code of Laws, it shall mean "Register of Deeds", and the Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective; provided, that any person holding the position and title of "Register of Mesne Conveyances" on the effective date of this act may continue to hold and use this title for the duration of his tenure in that office by notifying the Code Commissioner to that effect within sixty days after the effective date of this act, and in this event, the Code Commissioner shall make provision for that particular county's office and the public official holding that office to continue to use this title when the Code Commissioner makes the changes as he is directed to do above.
SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Rep. CLYBURN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 38 -- Senators Land and Giese: A BILL TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE HIGHWAY PATROL DIVISION, AND STATE POLICE DIVISION AND THEIR DISTINCTIVE UNIFORMS AND EMBLEMS, SO AS TO REQUIRE THE HIGHWAY PATROL DIVISION TO TRANSFER THE SERVICE REVOLVER OF AN ACTIVE DUTY TROOPER KILLED IN THE LINE OF DUTY TO HIS SURVIVING SPOUSE AT NO CHARGE UPON REQUEST ONCE THE REVOLVER HAS BEEN RENDERED INOPERABLE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15144CM.97), which was adopted.
Amend the bill, as and if amended, Section 23-6-100(E), SECTION 1, page 38-2, line 30, by inserting /permanently/ after /rendered/. When amended, Section 23-6-100(E) reads:
/(E) The South Carolina Highway Patrol Division shall transfer the service sidearm of an active duty trooper killed in the line of duty to the trooper's surviving spouse upon request at no charge once the sidearm has been rendered permanently inoperable./
Renumber sections to conform.
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
Rep. STUART explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 157 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20617SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-6-40(A) of the 1976 Code, as last amended by Act 410 of 1996, is further amended to read:
"(A) 'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1995 1996, and includes the effective date provisions of Section 162(1) thereof as amended by P.L. 104-7. However, with respect to Subpart B, Part II, Subchapter C of Chapter 1 thereof, relating to corporate liquidations, a taxpayer may elect with respect to that subpart that 'Internal Revenue Code' means the Internal Revenue Code of 1954, as amended through December 31, 1985."
SECTION 2. This act takes effect upon approval by the Governor. The optional reference date allowed pursuant to this act is applicable for taxable years beginning after 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20649JM.97), which was tabled.
Amend the committee report, as and if amended, page 157-1, by striking lines 35 through 37 and inserting:
/SECTION 2. Article 41, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-5080. (A) Each taxpayer required to file a state individual income tax return may contribute to the Drug Awareness Resistance Education (DARE) Fund by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated.
(B) All South Carolina individual income tax return forms must contain a designation for the above contribution. The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.
(C) The department shall determine and report annually to the fund the total amount of contributions designated. The department shall transfer the appropriate amount to each fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of the contributions before any funds are expended as provided in this section."
SECTION 3. Chapter 53, Title 44 of the 1976 Code is amended by adding:
Section 44-53-810. The General Assembly finds:
(1) that the future of this State rests in the hands of school children;
(2) the Drug Abuse Resistance Education Program taught in this State and in many schools nationally provides an effective and proven awareness of instilling drug resistance skills in our school children, and promoting the hope of a secure and healthy future for these children.
Section 44-53-820. There is established the Drug Awareness Resistance Education (DARE) Fund, an eleemosynary corporation, the resources of which must be used to promote and encourage the Drug Awareness and Resistance Education Program in this State. The trust fund supplements and augments services provided by government agencies and does not take the place of these services.
Section 44-53-830. (A) The DARE Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:
(1) the Attorney General, ex officio, or his designee;
(2) two county sheriffs, who shall serve ex officio;
(3) two police chiefs;
(4) two local law enforcement officers assigned to the DARE Program; and
(5) two school principals.
Directors who are not elected officials serve by virtue of their position at the time of appointment.
(B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
Section 44-53-840. Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.
Section 44-53-850. In administering this article, the board is authorized, but not limited to:
(1) develop and implement educational programs and campaigns in support of the DARE Program in South Carolina;
(2) make policy recommendations for the DARE Program in South Carolina;
(3) assess the needs of DARE Programs;
(4) determine how the monies in the fund are to be disbursed;
(5) acquire and hold property;
(6) invest trust monies, including pooled investment funds maintained by the State;
(7) utilize local resources including volunteers when appropriate.
Section 44-53-860. The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.
Section 44-53-870. The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue pursuant to Section 12-6-5080.
Section 44-53-880. Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to:
(1) administration of this article including, but not limited to, personnel and board expenses;
(2) development and promotion of the DARE Program in this State;
(3) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds may be used only in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.
Section 44-53-890. The fund board annually by February first shall submit a report to the General Assembly concerning its expenditures of fund monies and activities."
SECTION 4. This act takes effect upon approval by the Governor; provided, that the optional reference date allowed pursuant to Section 12- 6-40(A), as contained in Section 1 of this act, is applicable for taxable years beginning after 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15166SD.97).
Amend the bill, as and if amended, page 2, by striking Section 12-21-2791 as contained in SECTION 2, and inserting:
/"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per a player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents. During any twenty-four hour period, no person is permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a coin-operated machine authorized under Section 12-21-2720(A)(3)."/
Amend the bill further, as and if amended, by striking SECTION 8 as contained on page 5 and inserting:
/"SECTION 8. This act takes effect on May 31, 1998."/
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CARNELL having the floor.
Rep. SCOTT withdrew his request for debate on the following Bill.
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
Rep. STUART withdrew her objection to H. 3786; however, other objections and requests for debate remained upon the Bill.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 479 -- Senator Ravenel: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
On motion of Rep. DANTZLER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 619 -- Senators Ryberg and Moore: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT VETERINARIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF TANGIBLE PERSONAL PROPERTY SOLD TO THE VETERINARIAN WHETHER USED IN THE RENDERING OF PROFESSIONAL SERVICES OR SOLD BY THE PRACTICE NOT AS PART OF A PROFESSIONAL SERVICE.
Rep. SCOTT asked unanimous consent to recall H. 3186 from the Committee on Ways and Means.
Rep. QUINN objected.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 637 -- Senators Peeler, Alexander and Lander: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Rep. GOVAN asked unanimous consent to recall H. 4000 from the Committee on Judiciary.
Rep. CANTY objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 3875 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3788 -- Reps. Wilder, Stoddard and Carnell: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES THROUGH SCHOOL YEAR 2000-01 BY UP TO SEVEN MILLS A YEAR.
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. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
Rep. CATO 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 Senate amendments to the following Bill were taken up for consideration.
H. 3135 -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.
Rep. SHARPE 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 Senate amendments to the following Bill were taken up for consideration.
H. 3065 -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.
Rep. SHARPE explained the amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Concurrent Resolution was taken up.
H. 3336 -- Reps. Lanford, Hawkins, Davenport, Littlejohn, Allison and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE HIGHWAY 85 IN SPARTANBURG COUNTY FROM MILE POINT 68.8 TO MILE POINT 77.4 THE "JOE GRIFFIN EXPRESSWAY".
Whereas, Joel R. "Joe" Griffin, Jr., was born in Marion, Virginia in 1930; and
Whereas, Joe is a graduate of Spartanburg High School in Spartanburg County; and
Whereas, he served as a South Carolina Highway Commissioner from April, 1980 to April, 1984; and
Whereas, Joe has served on the Spartanburg Area Transportation Committee and the Spartanburg County Planning Commission; and
Whereas, he is a former director of the Spartanburg County Red Cross and the Spartanburg County Childrens Shelter; and
Whereas, Joe currently is a member of the Board of Visitors of the University of South Carolina Medical School, the Greater Spartanburg Area Chamber of Commerce, and the American Metals Society; and
Whereas, it is fitting and proper that the portion of Interstate Highway 85 from the mile point 68.8 to mile point 77.4 in Spartanburg County be named the "Joe Griffin Expressway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation designate and name the portion of Interstate Highway 85 in Spartanburg County described in this resolution as the "Joe Griffin Expressway" and to install five feet by eight feet signs along the highway containing the words "Joe Griffin Expressway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3837 -- Reps. Stille, Parks, Carnell and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME A SECTION OF S. C. HWY. 72 IN ABBEVILLE COUNTY IN HONOR OF CHARLES L. POWELL AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Whereas, the Honorable Charles Powell served with distinction in the General Assembly and has been a devoted public servant and community advocate; and
Whereas, he graduated from Abbeville High School and attended Lander College; he served in the Army Reserves for eight years and was a House member from Abbeville County from 1965-72 and 1975-76 and a senator from 1985-88; and
Whereas, it is fitting and proper that a portion of S.C. Hwy. 72 in Abbeville County be named for him as an expression of gratitude for his excellent public service and his commitment to his community. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly, by this resolution, requests the Department of Transportation to name that portion of S.C. Hwy.72 in Abbeville County from the Greenwood County line to east of the City of Abbeville in honor of Charles L. Powell and to erect appropriate markers or signs reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the Honorable Charles L. Powell of Abbeville.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4073 -- Reps. Davenport, Walker, Lee, Hawkins, Allison and Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ALONG INTERSTATE HIGHWAY 85 FROM MILE POINT 68.8 TO MILE POINT 77.4 IN SPARTANBURG COUNTY IS SIXTY-FIVE MILES AN HOUR AND INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS STRETCH OF HIGHWAY TO INFORM MOTORISTS OF THE MAXIMUM SPEED LIMIT.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation provide that the maximum speed limit along Interstate Highway 85 between mile point 68.8 and mile point 77.4 in Spartanburg County is sixty-five miles an hour and install appropriate markers or signs at places along this stretch of highway to inform motorists of this maximum speed limit.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 373 -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME SOUTH HAMILTON STREET IN WILLIAMSTON, SOUTH CAROLINA, AS "ED POORE ROAD" IN HONOR OF C. EDWARD POORE AND TO ERECT THE APPROPRIATE SIGNS OR MARKERS.
Whereas, C. Edward Poore has been a dedicated and selfless public servant in the town of Williamston and Anderson County; and
Whereas, Mr. Poore served Anderson County for over 50 years as an alderman, road commissioner, magistrate, coroner, and county supervisor; and
Whereas, during his tenure as county supervisor, Anderson County enjoyed years of fiscal responsibility under his leadership, while also finding the resources to purchase much needed office equipment for county employees; and
Whereas, Mr. Poore initiated and supervised the renovations to the local hospital, presently known as the Anderson Area Medical Center; and
Whereas, his work as administrator of a local detention center resulted in the paving and maintaining of many roads in Anderson County; and
Whereas, Mr. Poore has earned the utmost respect from all the citizens of Anderson County for his talent, leadership, integrity, and excellence in his job and community; and
Whereas, the members of the General Assembly believe it is fitting and proper that the work and service to which C. Edward Poore dedicated his life be recognized by naming South Hamilton Street in Williamston, S.C., where he has lived for most of his 82 years, as "Ed Poore Road". Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the Department of Transportation to designate and name South Hamilton Street in Williamston, S.C., as "Ed Poore Road" in honor of C. Edward Poore and to erect the appropriate signs or markers.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Mr. Poore.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3702 -- Reps. Moody-Lawrence, Simrill, Meacham and Kirsh: A CONCURRENT RESOLUTION URGENTLY REQUESTING THE DEPARTMENT OF TRANSPORTATION TO INSTALL A STOP LIGHT AT THE INTERSECTION OF HIGHWAYS 322 AND 324 IN YORK COUNTY.
Rep. SIMRILL moved to table the Concurrent Resolution, which was agreed to.
The following Concurrent Resolution was taken up.
H. 3840 -- Reps. Battle, M. Hines and Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY, FROM THE EASTERN CITY LIMITS OF THE CITY OF MULLINS TO THE LITTLE PEE DEE RIVER, THE "McMILLAN HIGHWAY".
Whereas, the McMillan Family ancestors arrived from Scotland in the summer of 1771 and settled near Philadelphus Church in Robeson County, North Carolina; and
Whereas, the McMillan Family of Mullins, South Carolina, has been an important part of the story of Marion County since 1839; and
Whereas, Malcolm McMillan's three sons, John, Neil, and Malcolm, lived and farmed all their lives in the Scottish community of Marion County along Highway 76 between the eastern city limits of Mullins, South Carolina and the Little Pee Dee River; and
Whereas, their descendants have a tradition of service to Marion County, the State of South Carolina, and the United States, namely:
John L. McMillan-United States Congressman for thirty-four years;
Claude R. McMillan-Chief Highway Commissioner of South
Carolina;
Dr. Lon M. McMillan-started first hospital in Marion County;
Dr. Carl B. McMillan-lifetime doctor in Marion County;
George R. McMillan-master farmer and Farm Credit leader in Marion County; and
William V. McMillan-farmer and Chairman of Farm Credit Bank
of Columbia and Federal Land Bank and Production Credit of
Marion County.
Whereas, it is fitting and proper that the portion of United States Highway 76 in Marion County, from the eastern city limits of the City of Mullins to the Little Pee Dee River, be named the "McMillan Highway" as a lasting tribute to this family which has played so vital a role in the history of that area. 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 request that the Department of Transportation designate and name that portion of United States Highway 76 in Marion County as described in this resolution the "McMillan Highway" and install appropriate markers or signs at places along the highway as the department considers advisable containing the words "McMillan Highway".
Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and to the McMillan Family.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4067 -- Rep. Sharpe: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS AND PROPOSE FOR RATIFICATION TO THE STATES AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO RETAIN THE EXISTING NATIONAL AMBIENT AIR QUALITY STANDARDS.
Whereas, the United States Environmental Protection Agency has proposed new standards for ozone and particulate matter; and
Whereas, these new standards significantly impact South Carolina by expanding the number of nonattainment areas from zero to more than eleven, resulting in emissions controls in additional areas, and thus imposing significant economic, administrative, and regulatory burdens on more citizens, businesses, and local governments; and
Whereas, there is little, if any, monitoring, or speciation data available for fine particulate matter in the range proposed by EPA (2.5 microns or smaller). The South Carolina Department of Health and Environmental Control has stated that it would be extremely difficult to identify major sources of emissions, and propose successful control strategies without this data; and
Whereas, the South Carolina Department of Health and Environmental Control asserts that there are uncertainties in the medical significance of protection gained by the proposed revision to the ozone standard. There may not be an appreciable amount of health benefits realized by selecting the proposed standard than currently experienced from the existing standard; and
Whereas, EPA has projected that the implementation costs associated with the proposed rule changes would outweigh the health benefits realized; and
Whereas, the South Carolina Department of Health and Environmental Control believes that a level of protection, equivalent to that proposed by the proposed standard, for at-risk populations, can be achieved using voluntary measures such as use of enhanced communication and outreach; and
Whereas, the South Carolina Department of Transportation has determined that the new nonattainment areas resulting from EPA's proposed changes to the ozone standard would have significant difficulty in obtaining approval of transportation plans, and programs in South Carolina; and
Whereas, various federal agencies have also raised concerns relative to EPA's proposals, including the Office of Science and Technology Policy, the U.S. Department of the Treasury, the U.S. Department of Agriculture, the U.S. Department of Commerce, the U. S. Department of Energy, and the Office of Management and Budget. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly memorialize the Congress of the United States to take whatever action is necessary to retain the existing standard for ozone to allow sufficient time to assess the impact of the current pollution control programs before imposing more stringent requirements; retain the existing PM standard, and require EPA to conduct the additional PM2.5 monitoring, and scientific research needed to address the issue of causality, and other important unanswered questions before a proposal for a new PM2.5 standard, or a revised PM 10 standard is made; and require EPA to identify, and remedy any unfunded mandates, or other administrative, and economic burdens for state, or local governments, or agencies that would derive from changes to the National Ambient Air Quality Standards for ozone or particulate matter.
Be it further resolved that a copy of this resolution be forwarded to the administrator of the USEPA, each member of the South Carolina Congressional Delegation, the Office of Management and Budget, and the White House.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4088 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNS AT EXIT 68 ON INTERSTATE HIGHWAY 20 IN RICHLAND COUNTY THAT INFORM MOTORISTS THAT THE SOUTH CAROLINA FIRE ACADEMY MAY BE ACCESSED FROM THIS EXIT.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation erect traffic signs at the east and west bound entrances to exit 68 on Interstate Highway 20 in Richland County that inform motorists that the South Carolina Fire Academy may be accessed from this exit.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4090 -- Rep. Tripp: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THE REEDY RIVER ON LOG SHOALS ROAD, BETWEEN NEELEY FERRY ROAD AND FORK SHOALS ROAD IN GREENVILLE COUNTY, IN HONOR OF W. M. AND MABEL RIDDLE AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Rep. QUINN moved to adjourn debate upon the Concurrent Resolution until Wednesday, May 7, which was adopted.
Rep. BAXLEY moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4102 -- Reps. Bauer, Harvin and Pinckney: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME ONE-HALF MILE ON EITHER SIDE OF MILE MARKER 7 ON INTERSTATE 95 NEAR HARDEEVILLE TO HONOR THE MEMORY OF TROOPER FIRST CLASS MARK H. COATES OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON NOVEMBER 20, 1992.
Ordered for consideration tomorrow.
On motion of Rep. COTTY, with unanimous consent, the following was taken up for immediate consideration:
H. 4108 -- Reps. Cotty, Sheheen, Boan and Baxley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LUGOFF-ELGIN HIGH SCHOOL "DEMONS" WRESTLING TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 15, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Lugoff-Elgin High School "Demons" Wrestling Team, coaches, and other school officials on Thursday, May 15, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1997 Class AAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 4109 -- Reps. Koon, Stuart, Spearman, Riser, Gamble, Knotts and Bauer: A CONCURRENT RESOLUTION RECOGNIZING WALTER P. RAWL & SONS FARM AND THE MEMBERS OF THE RAWL FAMILY OF GILBERT, LEXINGTON COUNTY, FOR THEIR OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA AGRICULTURE AND FOR THEIR DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4110 -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE LUGOFF-ELGIN HIGH SCHOOL "DEMONS" WRESTLING TEAM OF KERSHAW COUNTY ON WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4111 -- Reps. H. Brown, Limehouse, Seithel, Harrell, Woodrum, Limbaugh, Harvin, Jennings, J. Hines, Wilkins, Felder, Young and M. Hines: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE TO BE CONSTRUCTED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND STATE ROAD 83 IN FLORENCE COUNTY TO PROVIDE ACCESS TO HONDA CORPORATION'S SOUTH CAROLINA FACILITY IN HONOR OF WOODROW MAXIE "WOODY" MCKAY AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4112 -- Reps. J. Brown, Keegan, R. Smith, Whatley, Seithel, M. Hines, Breeland, Inabinett, Harvin, Hinson, Lee, Bailey, Clyburn, Parks, Jordan, Govan, Littlejohn, Byrd, Scott, Cromer, Gourdine, Stuart, Dantzler, Gamble, Rodgers, Mason, Mack, Rhoad, Walker, Miller, Battle, McLeod, Edge, Wilder, Barfield, Limehouse, Lanford and Askins: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL ESTABLISH BY SCHOOL YEAR 1998-99 A UNIFORM GRADING SYSTEM TO BE USED BY ALL PUBLIC SCHOOLS IN THIS STATE.
Referred to Committee on Education and Public Works.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
At 1:10 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Clarence Mitchell of Columbia, to meet at 10:00 A.M. tomorrow.
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