South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 2227 . . . . . Friday, April 23, 1999

Friday, April 23, 1999
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

O God our Father, in the quietness of these moments of prayer, we would pray that You not only hear the words we utter, but also You would listen to the yearnings of our minds. May Your presence come as balm to our entire selves. Set us on the high road. May goodness and mercy abide in us that we may show righteousness and justice in our actions. Keep us cheerful when things go wrong, serene when things are irritating, grateful for Your never failing blessings. Then grant us Your peace this day and every day. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR


Printed Page 2228 . . . . . Friday, April 23, 1999

OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.

S. 539 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, AND DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60 RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.


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ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act and that they be enrolled for Ratification:

S. 540 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-147 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO LET FOR BIDS ANY AUTOMOBILE LIABILITY REINSURANCE CONTRACT PURSUANT TO SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, UNDER CERTAIN CIRCUMSTANCES.

S. 542 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.

S. 733 (Word version) -- Senators Bauer, Wilson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF SCHOOL DISTRICT FIVE OF RICHLAND AND LEXINGTON COUNTIES FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER 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.

S. 240 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN MEMBERS AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.


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SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 3891 (Word version) -- Reps. McKay and McGee: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS, SO AS TO REVISE A JURY AREA IN FLORENCE COUNTY.

H. 3912 (Word version) -- Reps. Gilham, Lloyd and Rodgers: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.

H. 3498 (Word version) -- Reps. Lourie, J. Smith, Campsen, Lee, Davenport, Taylor, Kirsh, Leach, Loftis, Maddox, Allen, Klauber, W. McLeod, Breeland, Pinckney, J. Brown, Wilder, Parks, Hawkins, Rutherford, Lucas, Neilson, McMahand, Harrison, Quinn, Mack, Phillips, McCraw, F. Smith, Cato, Battle, R. Smith, Moody-Lawrence, Simrill, Robinson, Hamilton, Easterday, Rice, Delleney, Bales, Bowers, Rhoad, Wilkes, M. McLeod, Knotts, McGee, Canty, Townsend, Stille, Rodgers, Gourdine, Hinson, Riser, Bailey, Jennings, Harris, Neal, Hayes, Barfield, Scott, Sandifer, Howard and Seithel: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO ENACT THE "PRESCRIPTION INFORMATION PRIVACY ACT" WHICH PROHIBITS PATIENT PRESCRIPTION DRUG INFORMATION FROM BEING TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE PATIENT, AND TO PROVIDE EXCEPTIONS AND PENALTIES.

H. 3964 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO USE AND DISSEMINATION OF TEST RESULTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2368, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


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H. 3965 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR GRADES 1, 2, 3, 6, AND 8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3966 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR READING AND MATHEMATICS IN GRADES 11 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3970 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Neal, Quinn, Rutherford and J. Smith: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

ADJOURNMENT

At 10:50 A. M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 27.

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