Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Make ready our hearts with gratitude, Lord, for the approaching memorial of those who fought courageously and bravely died for this great Nation. Give to us an increasing appreciation of our liberty and freedom, purchased and maintained by so many at so great a price. Bring comfort to those who see again in memory's vista the parade of those who marched away never to return. Be plenteously near to those who bear in their bodies the scars of war, granting to them the assurance of a grateful Nation. And may our response be a nobler service and a deeper dedication to the causes for which they gave so much.
God of mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Annie Grace Eledge Fincher of Spartanburg, which was agreed to.
May 21, 1997
The Honorable David H. Wilkins
Speaker of the House
Post Office Box 11867
Columbia, South Carolina 29202
Dear Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3943, R. 109, an Act:
TO PROHIBIT A COMMISSIONER OF A VOLUNTEER FIRE DEPARTMENT ESTABLISHED BY A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY FROM SERVING OR ACTING AS A FIREFIGHTER FOR THAT VOLUNTEER FIRE DEPARTMENT.
This veto is based upon my belief that H. 3943, R. 109 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 3943, R. 109.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 21, 1997
The Honorable David H. Wilkins
Speaker of the House
Post Office Box 11867
Columbia, South Carolina 29202
Dear Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3957, R. 110, an Act:
TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT.
This veto is based upon my belief that H. 3957, R. 110 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 3957, R. 110.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 21, 1997
The Honorable David H. Wilkins
Speaker of the House
Post Office Box 11867
Columbia, South Carolina 29202
Dear Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3679, R. 101, an Act:
TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
This veto is based on the fact that H. 3679, R. 101 of 1997, would substantially increase inspection fees for certain types of agriculture.
For the above reason, I am vetoing H. 3679, R. 101.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
MEMORANDUM TO: Clerk of the House
Clerk of the Senate
RE: Transcript of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Eugene C. Stoddard
Chairman
Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on board of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports it findings to the General Assembly prior to the election. It is not the function of the committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:
Coastal Carolina University (1st Congressional District, Seat 2)
Ms. Vanessa Greene (Georgetown)
Mr. Robert Lee Rabon (Aynor)
Mr. Delan Stevens (Conway)
The proceedings taken in Room 424 on May 20th, 1997, Blatt Building, Columbia, South Carolina, before Rita L. Creel, Certified Court Reporter and Notary Public in and for the State of South Carolina.
Representative Eugene C. Stoddard, Chairman
422B Blatt Building
Columbia, South Carolina 29201
Senator Addison "Joe" G. Wilson, Vice Chairman
211 Gressette Building
Columbia, South Carolina 29201
Senator Maggie W. Glover
613 Gressette Building
Columbia, South Carolina 29201
Representative Curtis B. Inabinett
328D Blatt Building
Columbia, South Carolina 29201
Senator James E. Bryan, Jr.
Gressette Building
Columbia, South Carolina 29201
ALSO PRESENT:
Ms. Sophia Floyd
Ms. Vanessa Greene (Georgetown)
Mr. Robert Lee Rabon (Aynor)
Mr. Delan Stevens (Conway)
CHAIRMAN STODDARD: The committee will come to order. Committee members who are present, of course, we will have others that will be coming in, are Representative Curtis Inabinett, on my left; Senator James Bryan, on my right. I'm Eugene Stoddard. We will commence first, in alphabetical order, with Ms. Vanessa Greene.
MS. GREENE: Where would you like me?
CHAIRMAN STODDARD: Will you sit at the end, please?
MS. GREENE: Certainly.
CHAIRMAN STODDARD: Will you raise your right hand, please, and let me swear you in. Do you swear that the foregoing testimony is the truth and nothing but the truth, so help you God?
MS. GREENE: I do.
MS. GREENE - EXAMINATION BY CHAIRMAN STODDARD:
Q: Ms. Greene, do you have any medical related problems which the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, none.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes.
Q: Do you have any interests, professionally or personally, which would present a conflict of interest because of your service on the Board?
A: No, sir.
Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
Q: Any questions of the lady?
MR. BRYAN: I don't know whether she can answer this or not. Are any of the seats designated or just by Congressional District?
A: By Congressional District, that's my understanding.
MR. RABON: We have some at large.
MR. INABINETT: There are some at large.
MR. BRYAN: All three of these are for Seat #2?
A: Yes.
MR. RABON: Three at large.
MR. BRYAN: Three at large.
CHAIRMAN STODDARD: All these are for the same seat.
MR. BRYAN: First Congressional District, Seat #2.
A: Yes.
EXAMINATION BY REPRESENTATIVE INABINETT:
Q: Are you presently in broadcasting?
A: Yes, I am.
Q: What is your capacity in broadcasting?
A: I am the general manager and eventually the owner of WLMC radio, twenty-four hour gospel radio in Georgetown.
Q: Georgetown.
A: Yes.
Q: Have you served on any local educational boards?
A: No, sir, not local educational boards. I've served on other boards, but not educational boards.
Q: As a board member, what do you feel you would be able to do for the University?
A: Well, I guess what I would bring with myself is a passion for education and learning. I also have a love for South Carolina. I'm very happy to be in South Carolina. I'm here by choice. My background and experience has been rural development. I've had opportunity to work in housing and development all over the southeast. We have never, until recently, had a chance to apply those skills and abilities here in South Carolina. I would like to think that I bring vision and energy, and I would like to be able to tap into whatever resources I have beyond the state to serve the people of the 1st Congressional District and Coastal Carolina. I'm very excited about the things that are going on there. There is a lot of information that comes across my desk in the form of press releases, and I'd like to be involved in that and to contribute to the continuance of that.
CHAIRMAN STODDARD: Any other questions? Thank you Ms.Greene.
MS. GREENE: Thank you.
CHAIRMAN STODDARD: Next we have Mr. Robert Lee Rabon.
MR. RABON: Incidentally, that's a typo. It's R-A-B-O-N, instead of D-O-N.
CHAIRMAN STODDARD: I have it correct on my master.
MR. RABON: All right, sir.
CHAIRMAN STODDARD: Raise your hand, please, Mr. Rabon. Do you swear the foregoing testimony is the truth and nothing but the truth, so help you God?
MR. RABON: I do.
MR. RABON - EXAMINATION BY CHAIRMAN STODDARD:
Q: Do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
Q: Considering your present occupation and other activities, are you able to attend Board meetings on a regular basis?
A: Yes, sir.
Q: Do you have any interests, professional or personal, that would present a conflict of interest because of your service on the Board?
A: No, sir.
Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: Yes, sir. I'm on the Higher Education Commission, which is a local commission for Coastal and was founded in 1959 and I've served on it continuously since 1986, and I know I'll have to resign that, but I have already told the Board.
Q: Any questions of the gentleman?
EXAMINATION BY SENATOR BRYAN:
Q: Something I've always wanted to know. How big is Aynor?
A: The resident population is 681.
CHAIRMAN STODDARD: It depends on whether you get caught there speeding.
A: There are only two kinds of people in the world, sir, those that are from Aynor and those who want to be. It's a great place.
Q: How far are you from Conway?
A: Under sixteen miles. I actually live right between the two.
SENATOR WILSON: It's a very upscale community.
SENATOR BRYAN: The gentleman told me something I always wanted to know, how many people live in Aynor.
EXAMINATION BY MR. INABINETT:
Q: Do you know the Johnsons down there, who are big tobacco farmers?
A: Yes, sir. Mr. Lee Johnson, his son, is that who you are talking about? Yes, sir.
Q: I'd like to ask the same question that I asked of Ms. Greene. What, in your opinion, do you feel that you will bring to the Board?
A: Well, to begin with, I'm local. I've lived in the area all my life. I attended the Aynor high schools. I went to Coastal back in 1970, '71 and '72 when it was a junior college. And back then, David Vaught and Larry Beale and myself, we got 12,000 signatures on a petition and 5,000 letters to Governor West, and there's an amendment called the Hodges Amendment, and it was decided that when Coastal got 700 students, we would be a three year college; and when we got 1,000 students, we would be a four year institution. That involved Coastal, Aiken and Spartanburg. So, I've been heavily involved with Coastal for twenty-five years. I served on County Council, we were the funding agency for the Higher Education Commission, and I was very active in Coastal at that time. And I have served continually since 1986 on the Higher Education Commission, which is the local agency for Coastal Carolina University, and its designed, and its mission is to build buildings and do the things that the State did not actually provide for it. So, I've served as chairman, I've served as co-chairman. I've served as committee chairman. And when Coastal went through the process of separation, I was the chairman when the process began, and Clark Parker followed suit. He followed me as chairman. So, we're the ones that spent a lot of time for two years raising money and doing things to help Coastal be an independent, free-standing university. So, I think I understand the needs. I know the growth Coastal has grown to, and we did the amendment, and it was written as the Hodges Amendment. The first year, we had 1,256 students. And in the 1980's, we grew about 99 percent. I know that 73 percent of the population of Coastal is Horry County students. I know that 40 percent of the teachers in Horry County are produced by Coastal. I can go on and on and on. My blood runs red. I've been involved in Coastal that long.
CHAIRMAN STODDARD: We've had Senator Wilson join us, our vice chairman. Any other questions of this gentleman? Thank you, sir.
MR. RABON: Thank you.
CHAIRMAN STODDARD: This is somewhat repetitious. Mr. Stevens, raise your hand, please, sir. Mr. Stevens, do you swear the foregoing testimony is the truth and nothing but the truth, so help you God?
MR. STEVENS: Yes, sir.
MR. STEVENS - EXAMINATION BY CHAIRMAN STODDARD:
Q: Do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
Q: Do you have any interests, professional or personal, that would present a conflict of interest because of your service on the Board?
A: No, sir.
Q: Do you now hold any present positions of honor or trust that if elected to the Board would cause you to violate the dual office holding cause of the Constitution?
A: No, sir.
Q: Any questions of the gentleman?
A: I'd like to say my mother is from Aynor.
SENATOR BRYAN: It seems like you have a lot of people from Aynor. I just wondered how big it was. I hear a lot about Aynor.
CHAIRMAN STODDARD: Mr. Inabinett, do you have any questions?
EXAMINATION BY REPRESENTATIVE INABINETT:
Q: I have the same questions for you, sir. What do you, in your opinion, feel that you can bring the Board that you haven't maybe already ...
A: Well, like Mr. Rabon, I have always lived in the area. I grew up in Conway and to public schools there. I graduated from Coastal in 1979. I was fortunate enough to go on a scholarship, so I feel like the school has been good to me. It was an athletic scholarship, so I stayed really involved with the school more on probably the athletic side, doing a lot of things for C-Note and the athletic department and that type of thing. But I have done a lot of things, been involved with things ... when they first built the Craig Wall School of Business, and things like that. One of the things I would like to do is the growth in Horry County has been tremendous. I think the county has almost outgrown its plan. I'd like to see Coastal make sure that we plan for the growth ahead. One other thing I would really like to try to do is in the School of Business, we probably have one of the best business schools in the nation. A lot of people don't even realize that. I'd like for Coastal to be known for its academics, not just because it's a school that's just ten miles from Myrtle Beach. Like I say, I have seen the school grow tremendously. I remember my first year, we had a few more students than when Mr. Rabon was there, but not many. There were just a couple of buildings. And since then, like I say, it's grown tremendously. I'd like to be a part of that and, like I say, try to help to control some of the growth so we can make sure our long range plans will fit what the University needs.
CHAIRMAN STODDARD: Any other questions?
MR. WILSON: Mr. Chairman, I was very impressed by the statement that you prepared, and also Ms. Greene's and Mr. Rabon's. And I would like to move that the statements be included in the report for the benefit of the other members of the General Assembly.
CHAIRMAN STODDARD: We have read your mind, Senator. The motion is carried. Anything further? Thank you. We now have Senator Glover.
SENATOR WILSON: I move we accept the candidates.
CHAIRMAN STODDARD: Motion made.
SENATOR BRYAN: I second the motion.
CHAIRMAN STODDARD: Seconded by Senator Bryan. All in favor say aye, opposed no. The ayes have it.
SENATOR WILSON: Three fine candidates.
CHAIRMAN STODDARD: Anything further for the Committee? Meeting adjourned.
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Coastal Carolina University (1 seat)
Ms. Vanessa Greene (Georgetown)
Mr. Robert Lee Rabon (Aynor)
Mr. Delan Stevens (Conway)
Respectfully submitted,
/s/Eugene C. Stoddard, Chm. /s/Addison "Joe" Wilson, V-Chm.
/s/Curtis B. Inabinett, Sec. /s/Warren K. Giese
/s/Lanny F. Littlejohn /s/Maggie W. Glover
/s/Olin Phillips /s/James E. Bryan, Jr.
The following was received.
Columbia, S.C., May 21, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leventis, Patterson and Martin of the Committee of Conference on the part of the Senate on H. 4151:
H. 4151 -- Rep. Cooper: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 21, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, J. Verne Smith and Passailaigue of the Committee of Conference on the part of the Senate on H. 3694:
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Very respectfully,
President
Received as information.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, 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 OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 645 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 542 -- Senators Fair and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE UPON REQUEST OF A SPECIFIED NUMBER OF SCHOOL SUPERINTENDENTS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 510 -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF LICENSE PLATES FROM ONE MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE OF THE SAME VEHICLE OWNER OR LESSEE, SO AS TO ALLOW THE TRANSFER OF THE PLATE ONLY WHEN THE OWNER OR LESSEE HAS ASSIGNED TO ANOTHER THE TITLE TO OR LEASE ON THE VEHICLE FROM WHICH THE PLATE IS TRANSFERRED.
Ordered for consideration tomorrow.
On motion of Rep. YOUNG, with unanimous consent, the following was taken up for immediate consideration:
H. 4193 -- Reps. Young and Woodrum: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SUMTER HIGH SCHOOL TRACK TEAM AT 10:00 A.M. ON WEDNESDAY, MAY 28, 1997.
Be it resolved by the House of Representatives:
That the Sumter High School Track Team be extended the privilege of the floor of the House of Representatives at 10:00 a.m. on Wednesday, May 28, 1997.
The Resolution was adopted.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4194 -- Reps. Govan, 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, 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, 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, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE JUNE 1, 1997 AS "STAND FOR HEALTHY CHILDREN DAY" IN SOUTH CAROLINA AND TO URGE THE CITIZENS OF SOUTH CAROLINA TO MAKE A PERSONAL COMMITMENT TO ENSURE THAT ALL CHILDREN IN SOUTH CAROLINA GROW UP HEALTHY AND THRIVE IN SAFE NEIGHBORHOODS AND COMMUNITIES.
Whereas, on June 1, 1997, citizens in South Carolina and the nation will come together to pledge their commitment to "Stand for Healthy Children" and ensure that every child gets a healthy start in life with the health coverage children need to grow and thrive and healthy communities that allow children to breathe clean air, walk safely to school, and learn unimpaired by violence or untreated health problems; and
Whereas, on "Stand for Healthy Children Day" and beyond, South Carolinians along with families, citizens, members of religious congregations, schools, community-based organizations, businesses, and cultural groups will join together as a statewide community to recognize our children's unmet needs and rededicate ourselves to addressing these needs; and
Whereas, caring for our children's health and well-being must be our families' and communities' top priority. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That by this resolution, the General Assembly of the State of South Carolina declares June 1, 1997 as "Stand for Healthy Children Day" and urges all citizens to commit themselves to ensuring that children in South Carolina grow up healthy and thrive in safe neighborhoods and communities.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 774 -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SUN CITY THIS EXIT" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR THE INTERSECTION WITH HIGHWAY 278 IN JASPER COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 775 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE HAZEL S. PARSON-STARKES FOR SEVENTEEN YEARS OF LOYAL PUBLIC SERVICE AS THE MAYOR OF RIDGEVILLE, AND TO WISH HER MUCH SUCCESS IN HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 776 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY, CLASSMATES, AND FRIENDS OF KENDRIC S. CHILDS OF GREENWOOD WHO DIED ON MAY 18, 1997, AS A RESULT OF A TRAGIC AUTOMOBILE ACCIDENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4195 -- Reps. J. Brown and M. Hines: A BILL TO AMEND CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT A FIREARM RETAILER SHALL PERFORM A BALLISTICS TEST ON A FIREARM HE SELLS BEFORE IT IS DELIVERED TO THE PURCHASER AND SUBMIT TO THE STATE LAW ENFORCEMENT DIVISION CERTAIN INFORMATION REGARDING THE TEST, TO PROVIDE THAT A FIREARM OWNER MUST NOTIFY THE STATE LAW ENFORCEMENT DIVISION ONCE HE LOSES POSSESSION OF A FIREARM, AND TO PROVIDE PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS.
Referred to Committee on Judiciary.
H. 4196 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-35 SO AS TO REQUIRE, BEGINNING WITH THE REAPPORTIONMENT OF THE HOUSE OF REPRESENTATIVES AFTER THE DECENNIAL CENSUS OF 2000, THE HOUSE OF REPRESENTATIVES TO REAPPORTION ITSELF SO THAT A HOUSE DISTRICT MUST BE WHOLLY CONTAINED WITHIN A COUNTY IF THE COUNTY HAS SUFFICIENT POPULATION.
Referred to Committee on Judiciary.
H. 4197 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4198 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4199 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO DIVISION OF MOTOR VEHICLES, DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 48 -- Senators Rose, McConnell and Mescher: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS IN DORCHESTER COUNTY, SO AS TO ESTABLISH A SINGLE COUNTYWIDE JURY AREA.
Referred to Dorchester Delegation.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Referred to Committee on Judiciary.
S. 751 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TURTLE EXCLUDER DEVICES REQUIRED IN CHANNEL NETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neilson Parks Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 22.
Joe McMaster Timothy C. Wilkes Jerry N. Govan, Jr. Clementa C. Pinckney Molly M. Spearman William D. Witherspoon Joseph H. Neal Thomas N. Rhoad H.B. Limehouse III Grady A. Brown Billy Cotty G. Ralph Davenport, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. LEACH a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. ALLISON a leave of absence for the day.
The SPEAKER granted Rep. CARNELL a leave of absence for the day due to business reasons.
Announcement was made that Dr. Stephen Grant of Aiken is the Doctor of the Day for the General Assembly.
Rep. BOWERS presented to the House the Patrick Henry Academy Lady Patriots Softball Team, 1997 SCISSA AA Region III State Champions, their coaches and other school officials.
Rep. BAUER presented to the House the Chapin High School "Eagles" Boys Wrestling Team, 1997 State Class AA Champions, their coaches and other school officials.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4189 -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
Rep. T. BROWN explained the Bill.
H. 4190 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
H. 4191 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
S. 761 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.
Rep. WALKER explained the Bill.
S. 458 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD NEW DEFINITIONS; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO PREMIUM RATES AND RATING FACTORS FOR HEALTH INSURANCE PLANS AND THE PROHIBITION OF INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO USE AN INDEX RATE VERSUS AN ACTUARIAL BASE RATE AS A MEASURE OF THE "AVERAGE RATE", TO STRENGTHEN ACTUARIAL CERTIFICATION REQUIREMENTS, TO ALLOW RATE VARIATION FROM THE INDEX RATE, TO LIMIT THE INDEX RATE VARIATION FOR A CLASS OF BUSINESS, TO CHANGE THE PROVISIONS FOR PREMIUM RATE INCREASES TO ALLOW AN ANNUAL ADJUSTMENT DUE TO CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE, TO ADD GROUP SIZE AS A CASE CHARACTERISTIC AND DELETE IT AS MEANS OF CREATING A CLASS OF NEW BUSINESS; AND TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO DISCLOSURE TO SMALL EMPLOYERS IN SOLICITATION AND SALES MATERIAL FOR HEALTH INSURANCE, SO AS TO EXPAND INFORMATION REQUIRED TO BE DISCLOSED.
Rep. SEITHEL explained the Bill.
On motion of Rep. T. BROWN, with unanimous consent, it was ordered that H. 4189 be read the third time tomorrow.
On motion of Rep. LITTLEJOHN, with unanimous consent, it was ordered that H. 4190 be read the third time tomorrow.
On motion of Rep. LITTLEJOHN, with unanimous consent, it was ordered that H. 4191 be read the third time tomorrow.
On motion of Rep. WALKER, with unanimous consent, it was ordered that S. 761 be read the third time tomorrow.
Rep. SEITHEL asked unanimous consent that S. 458 be read a third time tomorrow.
Rep. MOODY-LAWRENCE objected.
The following Bill was taken up.
H. 4101 -- Reps. Edge, Kelley, Keegan, Witherspoon and Barfield: A BILL TO AMEND ACT 287 OF 1989, RELATING TO THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT BEGINNING IN 1998, THE CHAIRMAN OF THE BOARD SHALL CONSTITUTE A TWELFTH SEPARATE SEAT ON THE BOARD, AND THE CHAIRMAN SHALL BE ELECTED BY THE QUALIFIED ELECTORS OF THE COUNTY AT LARGE.
Rep. EDGE proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20756SD.97), which was adopted.
Amend the bill, as and if amended, by striking the last sentence of Section 1(D) of Act 287 of 1989 as contained in SECTION 1, which begins on line 31, page 1 and inserting:
/If a vacancy occurs in the office of chairman, it shall be filled at the next regularly scheduled board election for the remainder of the unexpired term or for a full term as the case may be. Until the vacancy in the office of chairman is filled, the vice-chairman of the board shall perform the duties of the chairman./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. EDGE, with unanimous consent, it was ordered that H. 4101 be read the third time tomorrow.
The following Bill was read the third time, passed and, 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.
S. 634 -- Senators Thomas and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 452 -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR.
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4082 -- Reps. Easterday, Altman, Limbaugh, Robinson, G. Brown, Campsen, Wilder, Bauer, Limehouse, Haskins, Maddox, Kelley, Knotts, Rice, Walker, Sharpe, Loftis, Sandifer, Davenport, Hinson, Simrill, Rodgers, Woodrum, J. Smith, Hamilton, Beck, R. Smith, Seithel, Allison, Wilkins, McCraw, Leach, Harrell, Klauber, Riser, Barrett, Mullen, Young, Law, Webb, D. Smith, H. Brown, Harrison, Dantzler, Littlejohn, Keegan, Kinon, Phillips, Witherspoon, T. Brown, Townsend, Vaughn, McMahand, Meacham, Kirsh, Whatley, Boan, McLeod, Breeland, Jennings, Cato, Hawkins, Miller, Battle, Stoddard, F. Smith, Mack, Stille, Barfield, Howard, Hodges, Lanford, Jordan, Harvin and Felder: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-380 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
H. 4163 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO THE DIVISION OF MOTOR VEHICLES, ADMINISTRATION AND ENFORCEMENT OF THE FINANCIAL RESPONSIBILITY ACT AND LAWS REGARDING MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2182, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4164 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO THE DIVISION OF MOTOR VEHICLES, SPECIAL LICENSE PLATES, PROTECTIVE HELMETS, FACE SHIELDS AND WINDSCREEN, AND REQUIRED STOPS AT RAILROAD CROSSINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2183, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 624 -- Senators Setzler, Ryberg, Lander, Wilson and Drummond: A BILL TO AMEND SECTIONS 6-25-100, AS AMENDED, 6-25-110, AND 6-25-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF JOINT MUNICIPAL WATER SYSTEMS AND THE AUTHORITY OF SUCH SYSTEMS TO INCUR DEBT, SO AS TO DELETE THE REQUIREMENT FOR UNANIMOUS APPROVAL BY THE GOVERNING BODY OF EACH MEMBER OF THE SYSTEM TO INCUR DEBT AND INSTEAD REQUIRE APPROVAL BY AT LEAST TWO-THIRDS OF THE GOVERNING BODIES OF THE MEMBERS OF THE SYSTEM.
Reps. STUART, KNOTTS, RISER, GAMBLE, KOON, SPEARMAN and BAUER proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20784SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly finds that:
(1) The availability of water and sewer services to assist economic development and to provide for the health, safety, and welfare of its people is a very critical matter for this State.
(2) It is appropriate to make it possible for members of joint municipal water systems to utilize certain sources of revenues available to them, including payments in lieu of taxes, to assist in the development of additional water and sewer treatment capacity and the provision of collection and distribution lines.
(3) It is desirable to facilitate a joint water system in accommodating the desires of its members in projects and financings that affect only those members.
SECTION 2. Section 6-25-20(g) of the 1976 Code, is amended to read:
"(g) 'Revenue bonds' and 'bonds' mean bonds, notes, certificates, or other obligations of a joint system issued pursuant to the provisions of this chapter and shall include refinancing or refunding same, but which must be paid solely from the revenues of and other sources of funds available to a joint system. The term 'revenues' includes all sources of funds which are revenues to the joint system, regardless of the source of the funds, from any other party obligated to the joint system."
SECTION 3. Section 6-25-100(n) of the 1976 Code, as last amended by Part II, Section 91B of Act 145 of 1995, is further amended to read:
"(n) To borrow money and issue bonds or notes of the joint system to be paid solely from revenues of the system and such other funds as may be available therefor with a favorable vote of two-thirds of the commissioners. No bonds or notes shall may be issued the payment for which is dependent upon contracts or agreements with a member except with the approval of the governing body of each such member, by resolution or ordinance of the governing body of each such member;. provided However, that the requirements of this item will be are satisfied and no further action is required with respect to any bonds or notes issued to a finance a project which has been approved by the governing bodies body of each member such members as provided in Section 6-25-110;. and provided further that The approval of any notes or bonds under this chapter shall include any issuance in one or more series and any refunding or refinancing of them so that only the original issuance of the debt must be approved. The members of a joint system may prescribe additional procedures and requirements as they determine appropriate for the issuance of any notes or bonds in the bylaws of any joint system."
SECTION 4. Section 6-25-110 of the 1976 Code is amended to read:
"Section 6-25-110. A joint system may incur debt for any of its purposes and may issue bonds pledging to the payment as to both principal and interest the revenues, or any portion, derived or to be derived from all or any of its projects and any additions and betterments or extensions or contributions or advances from its members or other sources of funds available to it. No joint system shall undertake any project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of each member which is obligated or to be obligated under any contract for the payment of amounts to be pledged as security therefor and a favorable vote of two-thirds of all commissioners."
SECTION 5. Section 6-25-113 of the 1976 Code is amended to read:
"Section 6-25-113. The bonds are special obligations of the joint system issuing them. The principal of, premium, if any, and interest on the bonds are not payable from the general funds of the joint system, nor shall do they constitute a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except the funds which are pledged under the resolution authorizing the bonds or the trust agreement securing the bonds. Neither the faith and credit nor the taxing power of the State or any municipality is, or may be, pledged for the payment of the principal of or interest on the bonds, and no holder of the bonds has the right to compel the exercise of the taxing power by the State or any municipality or the forfeiture of any of its property in connection with any default. However, the provisions of this section do not affect the ability of any member county, or municipality from providing a pledge of all or part of any revenues derived as payments in lieu of taxes with respect to a project. Every bond must recite in substance that the principal of and interest on the bond is payable solely from the revenues and other funds pledged to its payment and that the joint system is not obligated to pay the principal or interest except from the such revenues and funds so pledged."
SECTION 6. Section 6-25-120 of the 1976 Code is amended to read:
"Section 6-25-120. In borrowing money or the issuance of bonds or notes, or other obligations, there shall may not be pledged the full faith, credit, or taxing power of any member of the joint system, but only revenues of and other funds available to the system must be used to pay or pledged to the payment of any notes, obligations, or bonds."
SECTION 7. Section 6-25-128 of the 1976 Code is amended to read:
"Section 6-25-128. Any municipality may contract to buy from the joint system water required for its present or future requirements, including the capacity and output, or a portion or share of one or more specified projects. As the creation of a joint system is an alternative method whereby a municipality may obtain the benefits and assume the responsibilities of ownership in a project, any contract may provide that the municipality so contracting is obligated to make the payments required by the contract whether or not a project is completed, operable, or operating notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the water contracted for, and that the payments under the contract are not subject to any reduction, whether by offset or otherwise, and are not conditioned upon the performance or nonperformance of the joint system or any other members of the joint system under the contract or any other instrument. Any contract with respect to the sale or purchase of capacity or output, or a portion or share of them, of a project entered into between a joint system and its member municipalities may also provide that if one or more of the municipalities default in the payment of its or their obligations with respect to the purchase of the capacity or output, or a portion or share of them, in that event the remaining member municipalities which are purchasing capacity and output under the contract are required to accept and pay for and are entitled proportionately to and may use or otherwise dispose of the capacity or output which was to be purchased by the defaulting municipality.
Any contracts with respect to the sale or purchase of capacity and output from a project may extend for a period not exceeding fifty years from the date of the contract and may be renewable and extended upon terms as the parties may agree for not exceeding an additional fifty years; and the execution and effectiveness is not subject to any authorizations or approvals by the State or any agency, commission, or instrumentality or political subdivision of them.
Payments by a municipality under any contract for the purchase of capacity and output from a joint system must may be made from the revenues derived from the ownership and operation of the water system of the municipality or from such other sources of funds as may be available, including any amounts received as payments in lieu of taxes. However, no municipality may pledge its full faith, credit, and taxing power to secure its obligations to the joint system or the bonds of the joint system. and any obligation under the contract does not constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the municipality or upon any of its income, receipts, or revenues, except the revenues of its water system, and neither the faith and credit nor the taxing power of the municipality is, or may be pledged for the payment of any obligation under any contract. A municipality is obligated to fix, charge, and collect rents, rates, fees, and charges for water and other services, facilities, and commodities sold, furnished, or supplied through its water system sufficient to provide revenues adequate to meet its obligations under any contract and to pay any and all other amounts payable from or constituting a charge and lien upon the revenues, including amounts sufficient to pay the principal of and interest on general obligation bonds, if any, heretofore or hereafter issued by the municipality for purposes related to its water system.
Any municipality which is a member of a joint system may furnish the joint system with money derived from the ownership and operation of its water system or facilities and provide the joint system with personnel, equipment, and property, both real and personal and from any other sources legally available to it for such purposes. Any municipality may also provide any services to a joint system.
Any member of a joint system may contract for, advance, or contribute funds derived solely from the ownership and operation of its water system or facilities or from any other sources legally available to it to a joint system as may be agreed upon by the joint system and the member, and the joint system shall repay the advances or contributions from the proceeds of bonds, from operation revenues, or from any other funds of the joint system, together with interest as may be agreed upon by the member and the joint system."
SECTION 8. Section 6-25-111(C) of the 1976 Code is amended to read:
"(C) Bonds may be issued under provisions of this chapter without obtaining the consent or approval of the State or any political subdivision or any agency, commission, or instrumentality of them, but no joint system shall undertake any project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of each member members as prescribed in Section 6-25-110."
SECTION 9. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. STUART, with unanimous consent, it was ordered that S. 624 be read the third time tomorrow.
The following Bill was taken up.
H. 3424 -- Reps. Breeland, Simrill, Felder, F. Smith, Spearman, Limehouse, Woodrum, Seithel, Sharpe, Cobb-Hunter, T. Brown, Young, Whipper, Law, Allison, Littlejohn, Webb, Altman, Howard, Bailey, Harrell, Scott, Mullen, Neal, Whatley, Lee, Gourdine, Byrd, Trotter, Mack, M. Hines, Kelley, Parks, McMahand, Stuart, Rodgers, Cave, Campsen, Phillips, Battle, Jordan, Lanford, Davenport, J. Brown, Cooper, Moody-Lawrence and Edge: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PARTICIPATING IN INTERSCHOLASTIC ACTIVITIES BY STUDENTS IN GRADES NINE THROUGH TWELVE, SO AS TO REQUIRE STUDENTS TO HAVE AN OVERALL "C" AVERAGE IN THE PRECEDING SEMESTER AND HAVE PASSED AT LEAST FOUR ACADEMIC COURSES INCLUDING EACH UNIT TAKEN WHICH IS REQUIRED FOR GRADUATION, AND TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE ACADEMIC ASSISTANCE FOR THOSE STUDENTS WHO DESIRE TO PARTICIPATE BUT WHO HAVE NOT MAINTAINED A "C" AVERAGE IN THE PRECEDING SEMESTER.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20747SD.97).
Amend the bill, as and if amended, by striking Section 59-39-160 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 59-39-160. To participate in interscholastic activities, students in grades nine through twelve must achieve an overall passing 75 or above average and either:
(1) pass at least four academic courses, including each unit the student takes that is required for graduation; or
(2) pass a total of five academic courses. Students must satisfy these conditions in the semester preceding participation in the interscholastic activity, if the interscholastic activity occurs completely within one semester or in the semester preceding the first semester of participation in an interscholastic activity if the interscholastic activity occurs over two consecutive semesters and is under the jurisdiction of the South Carolina High School League.
Academic courses are those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives. in the preceding semester and meet other eligibility requirements as established by the South Carolina High School League and approved by the State Board of Education. All activities currently under the jurisdiction of the South Carolina High School League remain in effect. The monitoring of all other interscholastic activities is the responsibility of the local boards of trustees. Those students diagnosed as handicapped disabled in accordance with the criteria established by the State Board of Education and satisfying the requirements of their Individual Education Plan (IEP) as required by Public Law 94-142 are permitted to participate in interscholastic activities. A local school board of trustees may impose more stringent standards than those contained in this section for participation in interscholastic activities by students in grades nine through twelve./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Reps. PHILLIPS, YOUNG-BRICKELL, KIRSH, BARRETT, MOODY-LAWRENCE, CLYBURN, WALKER, WILDER, HAMILTON, HINSON, WOODRUM, COTTY, CAVE, TOWNSEND, LLOYD, SCOTT, STILLE, MARTIN, BREELAND and MACK requested debate on the Bill.
The following Joint Resolution was taken up.
H. 4165 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, WRECKER SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2184, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STUART explained the Joint Resolution.
Reps. MACK, McLEOD, LITTLEJOHN, LOFTIS, STUART, TOWNSEND, WILDER, McMAHAND, LEE, GOURDINE, MOODY-LAWRENCE, GOVAN, LLOYD and PINCKNEY requested debate on the Joint Resolution.
Rep. STUART moved to adjourn debate upon the following Joint Resolution until Tuesday, May 27, which was adopted.
H. 4166 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO STATE TRANSPORT POLICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2185, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was taken up.
H. 4192 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 29 -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15152CM.97).
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 16-3-630. A person convicted of assault upon an employee of a state or local correctional facility performing job-related duties must serve a mandatory minimum sentence of not less than six months nor more than five years. A sentence under this provision must be served consecutively to any other sentence the person is serving."
SECTION _____. The 1976 Code is amended by adding:
"Section 24-13-470. An inmate who attempts to throw or throws bodily fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility is guilty of a felony and upon conviction must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through bodily fluids."
SECTION _____. Section 24-13-410 of the 1976 Code, as last amended by Act 406 of 1996, is further amended to read:
"Section 24-13-410. (A) It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years.
(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State. When the original sentence is three years or less, the sentence imposed in addition to any remaining unserved portion of the original sentence must not be longer than the original sentence.
(D) If the escapee is recaptured outside of this State, the term of imprisonment must be in addition to any remaining unserved portion of the original sentence and must not be less than one year nor more than fifteen years.
(E) This sentence is consecutive to other sentences previously imposed upon the escapee by any court of this State."
SECTION _____. Section 24-13-440 of the 1976 Code is amended to read:
"Section 24-13-440. It shall be is unlawful for any an inmate of the Department of Corrections,a state correctional facility, city or county jail, or public works of any a county to carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon, homemade or otherwise, which usually is usually used for the infliction of personal injury upon another person, or to wilfully conceal any such weapon within any Department of Corrections facility or other place of confinement.
AnyA person committing such an act shall be deemed violating this section is guilty of a felony and, upon conviction, thereof shall must be sentenced in the discretion of the court imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving."
SECTION _____. Section 44-23-1150 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 44-23-1150. A person having sexual intercourse with a patient or trainee of any a state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, or an employee of a state or local correctional facility having sexual intercourse with an inmate of that facility, is guilty of a felony and, upon conviction, must be imprisoned not more than ten years."/
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Reps. SCOTT, LIMBAUGH, KENNEDY, NEAL, LLOYD, MACK, F. SMITH, WHIPPER, HARRISON and JENNINGS requested debate on the Bill.
The following Bill was taken up.
S. 641 -- Senators Holland and Bryan: A BILL TO AMEND SECTION 62-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO GIVE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, RELATING TO APPEALS, SO AS TO ADD A PROVISION ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201(24) FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS DEEMED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO DELETE LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE FROM SUBSECTION (7), AND TO ADD THIS LANGUAGE TO SUBSECTION (8) WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO ALLOW INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO ALLOW THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT THE PERSON TO BE PROTECTED BE PERSONALLY SERVED WITH NOTICE AT LEAST TWENTY DAYS PRIOR TO THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE THAT A CONSERVATOR MAY, WITH COURT APPROVAL, ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT MARRIAGE DOES NOT END A CONSERVATORSHIP, BUT RATHER ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO REPEAL SUBSECTION (D); TO AMEND SECTION 62-7-705, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO ALLOW RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Reps. WOODRUM, LAW and J. BROWN withdrew their requests for debate on the following Bill whereupon objections were raised by Reps. YOUNG, HINSON and DANTZLER.
H. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Marlboro Delegation.
H. 4150 -- Reps. Jennings and Kinon: A BILL TO REPEAL ACT 524 OF 1996 RELATING TO THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD.
The following Bill were taken up.
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.
Rep. CATO proposed the following Amendment No. 29 (Doc Name P:\AMEND\KGH\15277SD.97), which was adopted.
Amend the bill, as and if amended, by striking SECTION 28 and inserting:
/SECTION 28. The provisions of this act take effect as follows:
(A) Section 27 on February 1, 1999;
(B) Sections 2 through 15 and Sections 17, 21, 23, and 25 on March 1, 1999; and
(C) Sections 1, 16, 18, 19, 20, 22, 24, and 26 upon approval by the Governor, except as may be otherwise specifically provided in any of those sections.
Nonrenewal notices may be sent before March 1, 1999, for policies renewing on or after March 1, 1999./
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The following Concurrent Resolution was taken up.
H. 4138 -- Reps. Carnell, Klauber, Parks, Stille, Stoddard, Wilder and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON U. S. HIGHWAY 25 OVER THE SALUDA RIVER IN HONOR OF MR. WILLIAM T. JONES III, DISTINGUISHED ATTORNEY AND SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT FOR THIRTY-TWO YEARS.
Whereas, the Honorable William T. Jones III is a distinguished member of the South Carolina Bar who graduated from the University of South Carolina Law School and was admitted into the practice of law in this State in 1949; and
Whereas, during his distinguished career, Mr. Jones has been a leading practicing attorney in Greenwood, a member of the South Carolina House of Representatives for four years, and solicitor of the Eighth Judicial Circuit for thirty-two years; and
Whereas, seldom has a public official contributed as much to the citizens of his community and State as has Bill Jones. He has earned the respect of litigants and lawyers alike for his resolute fairness, tremendous ability, and unquestioned integrity; and
Whereas, the members of the General Assembly, by this resolution, believe it would be an appropriate honor for this truly outstanding South Carolinian if the four-lane bridge on U. S. Highway 25 over the Saluda River (as distinguished from Business Highway 25) were named the "William T. Jones III Bridge". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to name the four-lane bridge on U. S. Highway 25 over the Saluda River (as distinguished from Business Highway 25) as the "William T. Jones III Bridge" and to install appropriate markers or signs at this bridge as the Department of Transportation considers appropriate.
Be it further resolved that a copy of this resolution be forwarded to
the Department of Transportation and Mr. Jones.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. CATO.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, the previous question having been ordered.
H. 3591 -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".
Rep. MEACHAM proposed the following Amendment No. 7, which was tabled.
Amend the bill, as and if amended, Section 28-4-30, as contained in Section 1 by adding
a subsection:
/"( ) However, nothing in this section shall affect or limit any actions taken by counties and municipalities to regulate the location, density, and licensing of mobile or manufactured homes"/
Renumber sections and amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. MEACHAM spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Beck Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Knotts Koon Lanford Law Limbaugh Littlejohn Loftis Mason McCraw McMaster Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Baxley Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Gourdine Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Lee Limehouse Lloyd Mack Maddox Martin McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Rhoad Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stille Stuart Townsend Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. J. SMITH proposed the following Amendment No. 10 (Doc Name P:\AMEND\KGH\15219SD.97), which was tabled.
Amend the bill, as and if amended, in Section 28-4-60 of the 1976 Code by adding an appropriately lettered subsection to read:
/( ) The provisions of this chapter do not apply to any sexually oriented business as defined by applicable local ordinances if a county or municipality by ordinance regulates where such businesses may be located within that jurisdiction./
Renumber sections to conform.
Amend title to conform.
Rep. J. SMITH explained the amendment.
Reps. LIMBAUGH and HASKINS spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Bauer Bowers Brown, H. Campsen Cato Chellis Cotty Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McCraw McMaster Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Baxley Beck Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cooper Cromer Gourdine Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jordan Kennedy Kinon Kirsh Lee Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Rhoad Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stuart Whatley Whipper
So, the amendment was tabled.
Rep. J. SMITH proposed the following Amendment No. 11 (Doc Name P:\AMEND\KGH\15218SD.97), which was tabled.
Amend the bill, as and if amended, in Section 28-4-60 of the 1976 Code by adding an appropriately lettered subsection to read:
/( ) Until May 5, 1999, the provisions of this chapter do not apply to all existing local zoning and land use planning ordinances./
Renumber sections to conform.
Amend title to conform.
Rep. J. SMITH explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Beck Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Knotts Koon Law Limbaugh Littlejohn Loftis Martin Mason McCraw Miller Rice Riser Robinson Rodgers Sharpe Sheheen Smith, D. Smith, R. Spearman Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Baxley Boan Breeland Brown, G. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Gourdine Govan Hines, J. Hines, M. Hodges Howard Inabinett Jennings Lee Limehouse Lloyd Mack Maddox McLeod McMahand Meacham Moody-Lawrence Mullen Neal Neilson Parks Pinckney Rhoad Scott Seithel Simrill Smith, F. Smith, J. Stuart Whatley Whipper Wilkes
So, the amendment was tabled.
Rep. J. SMITH proposed the following Amendment No. 12 (Doc Name P:\AMEND\KGH\15217SD.97), which was tabled.
Amend the bill, as and if amended, in Section 28-4-60 of the 1976 Code by adding an appropriately lettered subsection to read:
/( ) The provisions of this chapter do not apply to the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 as contained in Chapter 29 of Title 6 or to the South Carolina Local Government Development Agreement Act as contained in Chapter 31 of Title 6./
Renumber sections to conform.
Amend title to conform.
Rep. J. SMITH explained the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. J. SMITH spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep.COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Bauer Beck Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Limbaugh Littlejohn Loftis Martin Mason McCraw McMaster Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stoddard Townsend Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Breeland Brown, G. Brown, J. Brown, T. Cave Cobb-Hunter Cromer Gourdine Govan Hines, J. Hines, M. Hodges Howard Inabinett Jennings Lee Limehouse Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Rhoad Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Stuart Whatley Whipper
So, the amendment was tabled.
Rep. SHEHEEN proposed the following Amendment No. 14 (Doc Name G:\h-member\b21\3591.2), which was tabled.
Amend the committee report by adding a new section at the end to read as follows:
Nothing herein shall be construed to restrict the zoning power of political subdivisions to enact zoning regulations for the regulation of neighborhoods and the location of any type of commercial or industrial establishments for the protection of residential neighborhoods. These regulations or zoning ordinances may include buffer zones and other requirements as allowed by law.
Amend title to conform.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. MEACHAM proposed the following Amendment No. 15, which was tabled.
Amend the bill, as and if amended, Section 28-4-30, as contained in Section 1 by adding the following subsection:
/"(C) However, nothing in this section shall affect or limit any actions taken by counties and municipalities to regulate the location of a swine or poultry operation established as a "Agricultural Facility" or "Agricultural Operation" as defined in Section 46-45-20 of the 1976 Code, as amended."/
Renumber sections and amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Kinon Kirsh Knotts Koon Limbaugh Littlejohn Mason McCraw Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stoddard Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Bauer Baxley Beck Breeland Brown, J. Brown, T. Cobb-Hunter Cromer Davenport Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Lanford Lee Limehouse Lloyd Mack Maddox Martin McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stille Stuart Whipper Wilkes
So, the amendment was tabled.
I wish to be recorded as voting to table Amendment No. 15.
Rep. JOE McMASTER
Rep. PINCKNEY proposed the following Amendment No. 16 (Doc Name p:\AMEND\PSD\7367AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /it is also the intent of the General Assembly that nothing in this chapter provides authority to the Department of Health and Environmental Control to allow the desires of large corporations to take precedence over the economic interests of homeowners and small farmers./
Renumber sections to conform.
Amend title to conform.
Rep. PINCKNEY explained the amendment.
Rep. D. SMITH moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Baxley Beck Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bowers Breeland Brown, G. Brown, J. Brown, T. Cave Clyburn Cobb-Hunter Cromer Gourdine Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Lee Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Smith, F. Smith, J. Stille Stoddard Stuart Whipper Wilkes
So, the amendment was tabled.
Rep. PINCKNEY proposed the following Amendment No. 17 (Doc Name P:\AMEND\PSD\7359AC.97), which was ruled out of order.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to any state agency to allow actions which will be harmful to the interests of hunters and fishermen./
Renumber sections to conform.
Amend title to conform.
Rep. PINCKNEY explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 17 was not germane to the Bill.
Rep. PINCKNEY argued contra.
The SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. PINCKNEY proposed the following Amendment No. 18 (Doc Name P:\Amend\PSD\7360AC.97), which was ruled out of order.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, Line 11, after the / . /by inserting / it is also the intent of the General Assembly that nothing in this chapter provides authority to any state agency to transfer tax dollars paid by individual taxpayers to out-of-state individuals or corporations or to any individual or corporation with assets in excess of one million dollars./
Renumber sections to conform.
Amend title to conform.
Rep. PINCKNEY explained the amendment.
Rep. RICE raised the Point of Order that Amendment No. 18 was not germane to the Bill.
Rep. PINCKNEY argued contra.
The SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. PINCKNEY proposed the following Amendment No. 19 (Doc Name P:\Amend\PSD\7361AC.97),which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, Line 11, after the / . / by inserting/ it is also the intent of the General Assembly
that nothing in this chapter provides authority to any state agency or local government to provide payments to private attorneys at any rate greater than seventy-five dollars per hour or to provide reimbursements for attorney fees in excess of seventy-five dollars per hour./
Renumber sections to conform.
Amend title to conform.
Rep. PINCKNEY explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Baxley Beck Bowers Campsen Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Haskins Hawkins Hinson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Law Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Moody-Lawrence Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Bauer Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Cobb-Hunter Cromer Gourdine Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Lanford Lee Lloyd Mack McLeod McMahand Meacham Miller Mullen Neal Neilson Parks Pinckney Scott Sheheen Smith, J. Spearman Stille Stoddard Whipper
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 20, which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/Section____. Title 28 of the 1976 Code is amended by adding:
"Section 28-4-70. The first twenty-five thousand dollars of the revenue collected annually pursuant to Section 55-5-280 must be transferred to the State Budget and Control Board for the purpose of implementing a continuing certification program to monitor local government compliance with the zoning of land around airports as required by Section 55-9-240."/
Renumber sections and amend title to conform.
Rep. SCOTT explained the amendment.
Rep. LIMBAUGH raised the Point of Order that Amendment No. 20 was not germane to the Bill.
Rep. SCOTT argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. SCOTT continued speaking.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Baxley Beck Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Hamilton Harrison Harvin Haskins Hawkins Hinson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McLeod McMaster Rice Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Cromer Govan Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd Mack McMahand Meacham Miller Moody-Lawrence Mullen Neal Parks Pinckney Scott Smith, J. Stoddard Stuart Whipper
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 21 (Doc Name P:\AMEND\PSD\7355AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to state agencies or local government to take actions which will harm South Carolina's natural heritage, which is God's creation./
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Baxley Beck Campsen Cato Chellis Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Knotts Lanford Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Mullen Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd Mack McLeod McMahand Meacham Moody-Lawrence Neal Neilson Parks Pinckney Scott Smith, F. Smith, J. Stoddard Whipper
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 22 (Doc Name P:\AMEND\PSD\7356AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to state agencies or local government to allow run-off pollution harmful to individuals who harvest fish from our ponds and rivers, and shellfish from our marshlands./
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. SCOTT proposed the following Amendment No. 23 (Doc Name P:\AMEND\PSD\7357AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to state agencies or local government to allow actions which are potentially dangerous to drinking water supplies./
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. LIMBAUGH moved to table the amendment, which was agreed to.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Baxley Beck Bowers Brown, G. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Haskins Hawkins Jennings Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Limbaugh Littlejohn Martin Mason McCraw McMaster Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, R. Spearman Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Bauer Breeland Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Lee Limehouse Lloyd Mack McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Pinckney Scott Seithel Smith, F. Smith, J. Stoddard Stuart Whipper
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 24 (Doc Name P:\AMEND\PSD\7358AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the / . / by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to the Department of Health and Environmental Control to allow actions which may violate federal environmental protection requirements./
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. LIMBAUGH spoke against the amendment.
Reps. SCOTT and McLEOD spoke in favor of the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Beck Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Harvin Haskins Hawkins Hinson Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McCraw Rhoad Rice Riser Rodgers Sandifer Sharpe Smith, D. Smith, R. Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Bowers Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Govan Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Lee Lloyd Mack McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Robinson Scott Seithel Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stoddard Stuart Townsend Whipper Wilder
So, the amendment was tabled.
Rep. SHEHEEN moved that the House do now adjourn.
Rep.YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, T. Byrd Cave Clyburn Cobb-Hunter Davenport Delleney Hines, J. Hines, M. Hodges Lee Mack McLeod McMahand Miller Mullen Neal Pinckney Rhoad Robinson Sheheen Smith, J. Stille Whipper Wilder Wilkes
Those who voted in the negative are:
Altman Barfield Barrett Bauer Baxley Beck Bowers Brown, H. Campsen Cato Chellis Cotty Cromer Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McMaster Meacham Neilson Parks Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
Rep. MEACHAM moved that the House recur to the morning hour, which was agreed to by a division vote of 53 to 30.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of amendments.
On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4200 -- Rep. D. Smith: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SPARTANBURG HIGH SCHOOL VIKING GOLF TEAM, FOURTH CONSECUTIVE AAAA GOLF CHAMPIONS, AND COACH JOHN CRAIG AT 11:00 A.M. ON THURSDAY, MAY 29, 1997.
Be it resolved by the House of Representatives:
That the Spartanburg High School Viking Golf Team, fourth consecutive AAAA golf champions, and Coach John Craig be extended the privilege of the floor of the House of Representatives at 11:00 a.m. on Thursday, May 29, 1997.
The Resolution was adopted.
The following was introduced:
H. 4201 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SPARTANBURG HIGH SCHOOL VIKINGS FOR THEIR FOURTH CONSECUTIVE SOUTH CAROLINA AAAA GOLF CHAMPIONSHIP, AND TO CONGRATULATE THE GOLFERS FOR THIS FIRST-EVER ACCOMPLISHMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4202 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTANBURG HIGH SCHOOL'S GOLF COACH JOHN CRAIG ON HIS FOURTH CONSECUTIVE SOUTH CAROLINA AAAA GOLF CHAMPIONSHIP, AND TO RECOGNIZE HIS CAREER ACCOMPLISHMENTS AS HE RETIRES FROM THE COACHING FIELD TO ENTER THE ARENA OF EDUCATIONAL ADMINISTRATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4203 -- Reps. Parks, Carnell and Klauber: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY, CLASSMATES, AND FRIENDS OF KENDRIC S. CHILDS OF GREENWOOD WHO DIED ON MAY 18, 1997, AS A RESULT OF A TRAGIC AUTOMOBILE ACCIDENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4204 -- Reps. Wilder and McLeod: A CONCURRENT RESOLUTION CONGRATULATING MARGARET BRACKETT OF NEWBERRY COUNTY ON RECEIVING THE 1997 SILVER SCALES OF JUSTICE VOLUNTEER OF THE YEAR AWARD AND COMMENDING HER FOR HER MANY YEARS OF OUTSTANDING SERVICE TO HER COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4205 -- Reps. Davenport, D. Smith, Lanford, Lee, Hawkins, Littlejohn and Walker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF LEWIS B. PARRIS, SR., OF BOILING SPRINGS ON THE SAD OCCASION OF HIS DEATH ON MAY 18, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4206 -- Rep. G. Brown: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON SEPTEMBER 6, 1996, BY THE STUDENTS OF THE SCHOOL DISTRICT OF LEE COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SHEHEEN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4207 -- Reps. Campsen, Altman, Robinson, Delleney, Chellis, Hinson, Barrett, Inabinett, Whipper, Haskins, Hawkins, Whatley, Young-Brickell, Bailey, H. Brown, Mack, Law, Young, Limbaugh, Easterday, Seithel, Breeland, Harrell, Limehouse and Dantzler: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME".
Referred to Committee on Judiciary.
The following was received from the Senate.
Columbia, S.C., May 22, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 254:
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.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CATO, KIRSH and SEITHEL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. FELDER, with unanimous consent, withdrew his request for debate on S. 340; however, other objections and requests for debate remained upon the Bill.
On motion of Rep. MULLEN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3730 -- Reps. Mullen, Rodgers, Limehouse, Pinckney and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH "NO WAKE ZONES" ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND IN BEAUFORT COUNTY.
Rep. SIMRILL, with unanimous consent, withdrew his request for debate on the following Bill.
H. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
On motion of Rep. RICE, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 751 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TURTLE EXCLUDER DEVICES REQUIRED IN CHANNEL NETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rule 5.12 was waived on the following Joint Resolution by a division vote of 41 to 1.
S. 751 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TURTLE EXCLUDER DEVICES REQUIRED IN CHANNEL NETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. MOODY-LAWRENCE, with unanimous consent, it was ordered that S. 458 be read the third time tomorrow.
Rep. KENNEDY, with unanimous consent, withdrew his request for debate on H. 3690; however, other objections and requests for debate remained upon the Bill.
Rep. TOWNSEND asked unanimous consent to recall S. 174 from the Committee on Judiciary.
Rep. JENNINGS objected.
Rep. SCOTT asked unanimous consent to recall H. 3054 from the Committee on Education and Public Works.
Rep. SIMRILL objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 3994 from the Committee on Judiciary.
Rep. ALTMAN objected.
The motion period was dispensed with on motion of Rep. HASKINS.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, the previous question having been ordered.
H. 3591 -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".
Reps. HARRISON, D. SMITH, LIMBAUGH and WILKINS proposed the following Amendment No. 25 (Doc Name P:\AMEND\GJK\20778SD.97), which was tabled.
Amend the bill, as and if amended, in Section 28-4-30 of the 1976 Code by adding an appropriately numbered subsection to read:
/( ) Nothing in this section shall be deemed to prevent the exercise of the police powers of any governmental entity to adopt or modify lawful zoning ordinances consistent with the provisions of this chapter. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment and moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER moved that the House do now adjourn.
Rep. SEITHEL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Baxley Breeland Brown, T. Byrd Cave Clyburn Cobb-Hunter Delleney Govan Hines, J. Hines, M. Hodges Howard Inabinett Jennings Koon Lee Lloyd McLeod McMahand Miller Mullen Neal Neilson Parks Pinckney Robinson Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Whipper Wilder
Those who voted in the negative are:
Altman Barrett Bauer Beck Brown, J. Campsen Cato Chellis Cotty Cromer Dantzler Davenport Easterday Edge Felder Fleming Gamble Hamilton Harrison Harvin Haskins Hinson Keegan Kelley Kennedy Kirsh Knotts Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McCraw McMaster Meacham Rice Riser Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
Rep. SHEHEEN proposed the following Amendment No. 26 (Doc Name g:\H-MEMBER\B21\AMD3591.1), which was adopted.
Amend the bill, as and if amended, section 28-4-30(B)(5), page 3591-3, line 18 by deleting /or/ and on line 20 before the / ./ by inserting /; or any action of a governmental entity affecting the location of or approval of any extension of any type of radioactive waste facility/
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Beck Brown, H. Campsen Cato Cave Chellis Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Knotts Koon Limbaugh Loftis Mason Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Bauer Baxley Breeland Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Delleney Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kirsh Lanford Lee Limehouse Lloyd McCraw McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stoddard Stuart Whatley Whipper Wilder Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. LIMBAUGH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bauer Baxley Bowers Breeland Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kirsh Lanford Lee Limehouse Lloyd McCraw McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Rodgers Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Spearman Stille Stoddard Stuart Tripp Whipper Wilder Young-Brickell
Those who voted in the negative are:
Altman Barfield Barrett Beck Brown, H. Campsen Cato Cave Chellis Cooper Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Knotts Koon Limbaugh Littlejohn Loftis Mason Quinn Rice Riser Robinson Sandifer Sharpe Smith, R. Townsend Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young
So, the amendment was adopted.
I would like to be recorded as having voted against Amendment No. 26, by Rep. SHEHEEN. I was in Word Processing at the time.
Rep. THOMAS N. RHOAD
I will never in any way vote to promote or allow any procedural mechanism to enhance the interests of any nuclear waste facility in this State as long as I am above ground. However, I abstained from voting on this amendment pursuant to the earnest request of a member of this body for whom I admire and respect and whose judgment and friendship necessitates this compromise.
Rep. JOE McMASTER
Rep. MEACHAM moved to recommit the Bill to the Judiciary Committee.
Rep. LIMBAUGH moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Baxley Beck Bowers Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Limbaugh Littlejohn Loftis Mason McCraw McMaster Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bauer Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Govan Hines, J. Hines, M. Hodges Howard Inabinett Lee Lloyd McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Smith, F. Smith, J. Whipper
So, the motion to recommit was tabled.
Rep. LANFORD moved to reconsider the vote whereby Amendment No. 26 was adopted.
Rep. HASKINS spoke against the motion to reconsider.
Rep. SHEHEEN: "Mr. Speaker, I raise the Point of Order that Mr. Haskins may not debate the motion to reconsider because the underlying motion is not debatable at this time due to the previous question being invoked."
Rep. HASKINS: "Mr. Speaker, I would argue that this is a motion that has been made and it is not the amendment itself. The motion would be debatable as any motion is debatable under our rules."
SPEAKER WILKINS: "I think that raises a good point, Mr. Sheheen, but we have no rule or precedent that is directly on point unless you can point one out to me."
Rep. SHEHEEN: "Mr. Speaker one cannot do indirectly what one cannot do directly. This indirectly lets Mr. Haskins debate an amendment which he can't do when it is up for consideration, because cloture by his vote has been ordered. It let's him have his cake and eat it too."
SPEAKER WILKINS: "Rule 5.19 says no member shall speak more than twice upon an amendment or motion to reconsider that is debatable and then not longer than 10 minutes each. What we have routinely done is on a motion to reconsider, if you are moving to reconsider a debatable motion, then the motion to reconsider is debatable. In this case the underlying motion to be reconsidered is the passage of the amendment -- a debatable motion. Under Rule 5.19 the debate is limited to 10 minutes. However, to our knowledge, we've never had a Point of Order raised where we were under cloture and a motion to reconsider was made and someone asked to debate it. Rule 5.19 clearly says no member can speak more than twice on a motion to reconsider. That is what we have here -- and then no more than 10 minutes. The question then is if you are under cloture, does that limit you to 3 minutes or limit you totally?"
Rep. SHEHEEN: "It is not debatable in this instance because we have invoked cloture."
SPEAKER WILKINS: "You would agree with me the rule is solid on that?"
Rep. SHEHEEN: "What I am saying is that the rule we have always followed is that the underlying motion must be debatable. If the underlying motion is debatable, then the motion to reconsider is debatable. If the underlying motion to table is not debatable then the motion to reconsider is not debatable. In this instance the underlying motion (the adoption of the amendment) is usually debatable; however, in this case it is not debatable because cloture has been ordered."
SPEAKER WILKINS: "Your argument would be if we had any more time left from the 3 minutes allowed for debate under cloture, that he could debate it? However, because the 3 minutes which cloture allows for the debate of an amendment has expired, we can no longer debate the motion to reconsider?"
Rep. SHEHEEN: "That is exactly right."
SPEAKER WILKINS: "I am going to sustain the Point of Order, I think that is exactly right. If the motion up for reconsideration is debatable, then you can debate the motion to reconsider. In this case the underlying motion, the adoption of amendment 26, is no longer debatable because the 3 minutes allowed under cloture has expired. If the 3 minutes had not been used up, you could have debated the motion to reconsider for the amount of time you had left. The Point of Order is sustained."
Rep. HARRISON moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the motion to reconsider the vote whereby Amendment No. 26 was adopted, the previous question having been ordered.
At 1:05 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Annie Grace Eledge Fincher of Spartanburg , to meet at 10:00 A.M. tomorrow.
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