Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, the Father of us all, under the canopy of Your goodness and mercy which have followed us all the days of our lives, bless us with the satisfaction of rendering our best service, undiluted by base motives or selfish interests. Our forefathers kindled the flame of freedom; make us worthy to uphold that freedom. Keep us as instruments of Yours that no voice shall cry out for food, that hands and feet shall not be shackled, that speech shall not be silenced, that eyes shall not be bandaged, nor minds darkened by falsehood that would dim the light of Your truth.
Grant us Your peace, both now and always. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following were received.
February 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 786)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 3, 1987 regulations concerning Practice of Architecture from the S.C. State Board of Architectural Examiners.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
February 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 806)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 3, 1987 regulations concerning Examinations and Fees from the State Board of Examiners for Nursing Home Administrators.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 811)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 3, 1987 regulations concerning Examination Fee Increases from the S.C. State Board of Dentistry.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received. Columbia, S.C., February 10, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:55 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Rep. SHARPE moved the acceptance of the invitation, and upon completion of the Ratification of Acts, that the House stand adjourned, which was agreed to.
The Senate sent to the House the following:
S. 360 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE WALTERBORO HIGH SCHOOL "BAND OF BLUE" MARCHING BAND ON WINNING THE CLASS AAAA DIVISION OF THE SOUTH CAROLINA HIGH SCHOOL MARCHING BAND CHAMPIONSHIP ON SATURDAY, NOVEMBER 8, 1986, AT COLUMBIA'S SPRING VALLEY HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 2428 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. RUTH W. KEY OF THE DEPARTMENT OF SOCIAL SERVICES, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2429 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. CHAUNCEY R. NICHOLS, JR., OF THE SOUTH CAROLINA FORESTRY COMMISSION, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2430 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. THOMAS J. PEACH OF THE EMPLOYMENT SECURITY COMMISSION, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2431 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. BESSIE H. HATHAWAY OF THE EMPLOYMENT SECURITY COMMISSION, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2432 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN S. HERIN OF THE UNIVERSITY OF SOUTH CAROLINA, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2433 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. EDGAR L. McGOWAN, COMMISSIONER OF THE DEPARTMENT OF LABOR, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2434 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. GILBERT C. ROBINSON OF CLEMSON UNIVERSITY FOR HIS FORTY YEARS OF SERVICE as AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2435 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN P. STOKES, DEPUTY SECRETARY OF STATE, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2436 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. LEATHA L. MARSH OF THE DEPARTMENT OF MENTAL HEALTH, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2437 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. LORINE W. DAVIS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. FOSTER, with unanimous consent, the following was taken up for immediate consideration:
H. 2438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES P. DEAN OF MISSISSIPPI, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12: 15 P.M. ON WEDNESDAY, MARCH 25, 1987.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable James P. Dean of Mississippi, National Commander of the American Legion, is invited to address the General Assembly in joint session in the Hall of the House of Representatives at 12:15 p.m. on Wednesday, March 25, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2418 -- Reps. E.B. McLeod, Blanding, G. Brown, Ferguson, O. Phillips, McElveen, Taylor, K. Bailey, Harvin, Baxley, Keyserling, Wells, Hodges, J.W. Johnson, J.C. Johnson, Elliott, Barfield, Hayes, Shelton and Russell: A BILL TO AMEND ARTICLE 7 OF CHAPTER 17 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY AND MISCELLANEOUS OFFENSES THEREUNDER, BY ADDING SECTION 16-17-750 SO AS TO MAKE IT A FELONY TO KNOWINGLY AND WILFULLY FAIL TO COMPLY WITH THE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE HANDLING, TREATMENT, OR DISPOSAL OF HAZARDOUS WASTE AT A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY IN THIS STATE OR TO HAVE KNOWLEDGE OF ANOTHER'S FAILURE TO COMPLY WITH THE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE HANDLING, TREATMENT, OR DISPOSAL OF HAZARDOUS WASTE AT A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY BUT NOT REPORT THAT PERSON'S FAILURE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE PENALTIES, AND PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE CUMULATIVE AND NOT IN LIEU OF ANY OTHER PROVISION OF LAW; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIMES CONTAINED IN SECTION 16-17-750.
Referred to Committee on Judiciary.
H. 2419 -- Reps. Harvin, Rhoad, Sturkie, Haskins, Blanding, Faber, Kay, E.B. McLeod, McBride, Townsend, Washington, Dangerfield, Whipper, Jones, Sharpe, Felder, G. Brown, Baxley, G. Bailey, Carnell and McAbee: A BILL TO AMEND SECTIONS 57-3-210, 57-3-220, AND 57-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION, SO AS TO RECONSTITUTE THE COMMISSION AND TO PROVIDE FOR THE ELECTION, APPOINTMENT, AND COMMISSIONING OF ITS MEMBERS.
Referred to Committee on Education and Public Works.
H. 2420 -- Reps. Harvin, Wilder and O. Phillips: A BILL TO ELIMINATE FOR A CERTAIN PERIOD THE TAX ON AVIATION GASOLINE AND OTHER FUELS USED BY AIRCRAFT FOR ANY AIRLINE WHICH ESTABLISHES AND MAINTAINS A HUB IN THIS STATE HAVING A MINIMUM TOTAL NUMBER OF OUTGOING FLIGHTS EACH DAY TO AT LEAST FIVE CITIES OUTSIDE THE STATE.
Referred to Committee on Ways and Means.
H. 2421 -- Rep. Aydlette: A JOINT RESOLUTION TO DISSOLVE THE UNION BETWEEN THIS STATE AND OTHER STATES OF THE UNITED STATES OF AMERICA AFTER JUNE 30, 1987, TO TERMINATE THE JURISDICTION OF THE UNITED STATES IN THIS STATE AND DISSOLVE OBLIGATIONS AND OATHS OF ALLEGIANCE OF CITIZENS OF THIS STATE TO THE UNITED STATES, TO DIRECT THE GOVERNOR TO APPOINT COMMISSIONERS TO NEGOTIATE FOR THE DISPOSITION OF FEDERAL PROPERTY IN THIS STATE, AND TO DECLARE MONEY OF THE UNITED STATES OF AMERICA LEGAL TENDER FOR ALL PUBLIC AND PRIVATE DEBTS.
Referred to Committee on Interstate Cooperation.
H. 2422 -- Reps. Clyborne, Blackwell, L. Phillips, Haskins, Baker, M.O. Alexander, Wilkins, McCain, P. Bradley, Petty, G. Bailey and McEachin: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR THE PUBLICATION OF A NOTICE OF PROPOSED REGULATION IN THE STATE REGISTER, SO AS TO REQUIRE THE PROPOSING AGENCY TO OBTAIN A PRELIMINARY FISCAL IMPACT STATEMENT FOR THE PROPOSED REGULATION FROM THE STATE BUDGET AND CONTROL BOARD WHICH MUST ACCOMPANY THE NOTICE PUBLISHED IN THE REGISTER; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO SUBMISSION OF PROPOSED REGULATIONS TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE THE PROPOSED REGULATION FILED WITH THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO BE ACCOMPANIED BY A FISCAL IMPACT STATEMENT PREPARED BY THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Judiciary.
H. 2423 -- Reps. Clyborne, H. Brown, Mattos, Haskins, Kirsh, Nesbitt, Baker, McCain, P. Bradley, Wilkins, Petty, G. Bailey, McEachin and T.C. Alexander: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO REDEFINE "CREDIT", SO AS TO EXCLUDE FROM THE DEFINITION CHECKS GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT; AND TO AMEND SECTION 34-11-70, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO REDUCE THE NOTICE REQUIREMENT FROM FIFTEEN TO TEN DAYS, TO RAISE THE SERVICE CHARGE ON DISHONORED CHECKS FROM TEN TO TWENTY DOLLARS, AND TO DELETE PROVISIONS RELATING TO SERVICE CHARGES FOR CHECKS FOR PREEXISTING DEBTS.
Referred to Committee on Judiciary.
H. 2424 -- Reps. Clyborne, H. Brown, Mattos, Haskins, Hawkins, Baker, Nesbitt, Rice, Petty, J.W. McLeod, M.O. Alexander, L. Phillips, Simpson, Wilkins, Davenport, McCain, Hayes, P. Bradley, T.C. Alexander, G. Bailey and McEachin: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WINDOW GLASS, SO AS TO DELETE PROVISIONS RELATING TO AUTOMOBILE GLASS TRANSPARENT FROM ONLY ONE SIDE, INCLUDING THE REQUIREMENT THAT DRIVERS OF MOTOR VEHICLES WITH SUCH GLASS ROLL DOWN THE FRONT WINDOW WHEN APPROACHED BY A LAW ENFORCEMENT OFFICER AND TO MAKE IT UNLAWFUL TO TINT MOTOR VEHICLE WINDOW GLASS BY ANY PROCESS THAT REDUCES THE TRANSMISSION OF LIGHT BY MORE THAN THIRTY PERCENT.
Referred to Committee on Education and Public Works.
H. 2425 -- Rep. Sheheen: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY, SO AS TO CHANGE THE REFERENCE TO DEGREES IN ALLIED HEALTH SCIENCES AND RELATED HEALTH FIELDS TO DEGREES IN HEALTH RELATED PROFESSIONS AND GRADUATE STUDIES IN RELATED HEALTH FIELDS.
On motion of Rep. L. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 2426 -- Rep. Fair: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON CHARGED WITH FELONY DUI MUST BE IMMEDIATELY REVOKED AND HE MAY NOT HAVE HIS DRIVER'S PRIVILEGE RESTORED UNTIL HE IS EXONERATED, OR IF CONVICTED OF FELONY DUI, UNTIL EIGHTEEN MONTHS AFTER HE HAS COMPLETED HIS SENTENCE.
Referred to Committee on Judiciary.
H. 2427 -- Reps. Keyserling and Beasley: A BILL TO LIMIT THE TERMS OF MEMBERS OF ALL STATE BOARDS, COMMITTEES, AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY TO TWO SUCCESSIVE TERMS OR TWELVE YEARS, WHICHEVER IS LONGER, EXCEPT WHERE THE PERSON CONCERNED IS PAID AN ANNUAL SALARY BY THE STATE AND TO EXEMPT LIFETIME MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES AND ANY PERSON WHOSE TERM HAS NOT EXPIRED.
Referred to Committee on Judiciary.
H. 2439 -- Rep. T. Rogers: A BILL TO AMEND SECTION 37-2-205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER CREDIT SALES, AND SECTION 37-3-305, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER LOANS, SO AS TO INCREASE THE FEE REQUIRED TO BE PAID WHEN THE SCHEDULE IS FILED; TO AMEND SECTION 37-6-203, RELATING TO ANNUAL NOTIFICATION FILINGS REQUIRED TO BE MADE UNDER THE CONSUMER PROTECTION CODE, SO AS TO INCREASE THE CERTAIN FEES REQUIRED IN CONJUNCTION WITH THE NOTIFICATION FILINGS; AND TO AMEND SECTION 38-50-120, RELATING TO REGISTRATION OF CLUB REPRESENTATIVES UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO INCREASE THE FEE REQUIRED FOR THIS REGISTRATION.
Referred to Committee on Labor, Commerce and Industry.
H. 2440 -- Rep. Winstead: A BILL TO AMEND SECTION 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR TAKING SHRIMP BY SEINES OR CAST NETS, SO AS TO CHANGE THE LIMITS FROM HOUSEHOLDS TO BOATS AND TO REDUCE THE LIMITS FROM FIFTY QUARTS A DAY TO FORTY QUARTS FOR WHOLE SHRIMP AND FROM THIRTY QUARTS OF HEADED SHRIMP TO TWENTY-FIVE QUARTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
S. 98 -- Senator Peeler: A BILL TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEAR-GAS BOMBS, OR OTHER OFFENSIVE ODOR PRODUCING DEVICES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN TEN YEARS OR A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH.
Referred to Committee on Judiciary.
S. 250 -- Senator Lindsay: A BILL TO AMEND SECTION 31-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE GOVERNING COMMISSION OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO DELETE RESTRICTIONS ON WHOM A MEMBER OF THE GENERAL ASSEMBLY, WHO IS AN EX OFFICIO MEMBER OF THE AUTHORITY, MAY DESIGNATE AS A MEMBER IN HIS STEAD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 269 -- Senators Giese and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1982, 1983, 1984, 1985, 1986, AND 1987 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1987.
Referred to Committee on Ways and Means.
S. 306 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 653, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
S. 320 -- Banking and Insurance Committee: A BILL TO PROVIDE A PLAN FOR THE WRITING OF LEGAL PROFESSIONAL LIABILITY INSURANCE FOR ATTORNEYS THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL CHANNELS OR AT A REASONABLE COST.
Referred to Committee on Labor, Commerce and Industry.
S. 321 - Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO, AMONG OTHER THINGS, RESTRUCTURE THE CONTENTS OF THE TITLE, REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING INSURANCE MATTERS, AND PLACE IN TITLE 38 VARIOUS INSURANCE PROVISIONS HERETOFORE CODIFIED IN OTHER TITLES OF THE CODE OF LAWS OR UNCODIFIED; TO AMEND SECTION 15-9-280, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON UNAUTHORIZED INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY ACT OF TRANSACTING AN INSURANCE BUSINESS AS SET FORTH IN SECTION 38-25-110 BY AN UNAUTHORIZED INSURER IS EQUIVALENT TO AND CONSTITUTES AN IRREVOCABLE APPOINTMENT BY THE INSURER OF THE SECRETARY OF STATE TO BE THE TRUE AND LAWFUL ATTORNEY OF THE INSURER UPON WHOM MAY BE SERVED ALL LAWFUL PROCESS IN ANY ACTION, SUIT, OR PROCEEDING IN ANY COURT BY THE CHIEF INSURANCE COMMISSIONER OR BY THE STATE AND UPON WHOM MAY BE SERVED ANY NOTICE, ORDER, PLEADING, OR PROCESS IN ANY PROCEEDING BEFORE THE CHIEF INSURANCE COMMISSIONER AND WHICH ARISES OUT OF TRANSACTING AN INSURANCE BUSINESS IN THIS STATE BY THE INSURER, PROVIDE FOR THE MAKING OF SERVICE OF PROCESS, AND IMPOSE DUTIES ON THE SECRETARY OF STATE; TO AMEND ARTICLE 3 OF CHAPTER 9 OF TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES AND PERSONAL OR SUBSTITUTE SERVICE IN THE STATE, BY ADDING SECTION 15-9-285 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY TO ANY PERSON IN THIS STATE OR THE COLLECTION OF A PREMIUM THEREON BY AN INSURER NOT LICENSED IN THIS STATE IRREVOCABLY CONSTITUTES THE CHIEF INSURANCE COMMISSIONER THE TRUE AND LAWFUL ATTORNEY IN FACT UPON WHOM SERVICE OF ANY AND ALL PROCESSES, PLEADINGS, ACTIONS, OR SUITS ARISING OUT OF THE POLICY OR CONTRACT IN BEHALF OF THE INSURED MAY BE MADE, PROVIDE FOR THE MAKING OF SERVICE OF PROCESS IN THE ACTION, AND IMPOSE DUTIES UPON THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 15-9-290, RELATING TO CIVIL REMEDIES AND PROCEDURES AND ALTERNATIVE METHOD OF SERVICE ON UNAUTHORIZED INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT SERVICE OF PROCESS IN ANY ACTION, SUIT, OR PROCEEDING INVOLVING AN UNAUTHORIZED INSURER IS, IN ADDITION TO THAT WHICH IS PROVIDED IN SECTION 15-9-280 AND SECTION 15-9-285, VALID UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 9 OF TITLE 23, RELATING TO THE STATE FIRE MARSHAL, BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR A FIREMEN'S INSURANCE AND INSPECTION FUND; TO AMEND TITLE 39, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO ENACT THE "MOTOR CLUB SERVICES ACT"; TO AMEND SECTION 56-9-480, RELATING TO MOTOR VEHICLES, PROOF OF FINANCIAL RESPONSIBILITY, SATISFACTION OF JUDGMENTS, AND PAYMENTS SUFFICIENT TO SATISFY REQUIREMENTS, SO AS TO PROVIDE THAT JUDGMENTS REFERRED TO IN ARTICLE 5 OF CHAPTER 9 OF TITLE 56 MUST, FOR THE PURPOSE OF THIS ARTICLE ONLY, BE CONSIDERED SATISFIED WHEN FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENT RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON AS THE RESULT OF ANY ONE ACCIDENT AND WHEN, SUBJECT TO THE LIMIT OF FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON, THE SUM OF THIRTY, RATHER THAN TWENTY, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS AS THE RESULT OF ANY ONE ACCIDENT; TO AMEND SECTION 56-9-580, RELATING TO MOTOR VEHICLES, CERTIFICATE OF DEPOSIT OF CASH OR SECURITIES AS PROOF OF FINANCIAL RESPONSIBILITY, AMOUNT, AND THE REQUIREMENT THAT THE DEPOSIT MUST BE HELD TO SATISFY EXECUTION ON A JUDGMENT, SO AS TO PROVIDE THAT PROOF OF FINANCIAL RESPONSIBILITY MAY BE EVIDENCED BY THE CERTIFICATE OF THE STATE TREASURER THAT THE PERSON NAMED THEREIN HAS DEPOSITED WITH HIM THIRTY-FIVE, RATHER THAN THIRTY-SIX, THOUSAND DOLLARS IN CASH OR SECURITIES SUCH AS MAY LEGALLY BE PURCHASED BY SAYINGS BANKS OR FOR TRUST FUNDS OF A MARKET VALUE OF THIRTY-FIVE, RATHER THAN THIRTY-SIX, THOUSAND DOLLARS; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, INCLUDING, AMONG OTHER THINGS, PROVISIONS INVOLVING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; TO AMEND SECTION 33-31-10, RELATING TO THE AUTHORIZATION TO INCORPORATE NONPROFIT CORPORATIONS, SO AS TO PROVIDE THAT MUTUAL BENEVOLENT AID ASSOCIATIONS ORGANIZED SOLELY FOR THE PURPOSES DEFINED IN SECTION 38-35-10, RATHER THAN SECTION 38-23-10, MAY BE INCORPORATED UNDER THE PROVISIONS OF CHAPTER 31 OF TITLE 33; TO AMEND SECTION 23-9-20, RELATING TO DUTIES OF THE STATE FIRE MARSHAL, SO AS TO DELETE CERTAIN LANGUAGE CONCERNING THE TRANSFER TO THE STATE FIRE MARSHAL OF POWERS AND DUTIES VESTED IN THE CHIEF INSURANCE COMMISSIONER PURSUANT TO CERTAIN CODE SECTIONS; TO AMEND SECTION 23-9-30, AS AMENDED, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO DELETE A REFERENCE TO CHAPTER 57 OF TITLE 38; TO AMEND SECTION 15-9-300, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON UNAUTHORIZED INSURER, SO AS TO ADD A REFERENCE TO SECTION 15-9-285 AND DELETE A REFERENCE TO SECTION 38-53-50; TO AMEND SECTION 15-9-310, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON ATTORNEY OF RECIPROCAL INSURANCE SUBSCRIBERS, SO AS TO DELETE REFERENCES TO CERTAIN CODE SECTIONS AND ADD REFERENCES TO OTHER CODE SECTIONS; TO AMEND SECTION 15-9-270, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCES TO CERTAIN CODE SECTIONS, AND ADD A REFERENCE TO SECTION 38-5-70; TO AMEND SECTION 56-9-30, RELATING TO THE PROVISION THAT CHAPTER 9 OF TITLE 56 IS INAPPLICABLE TO CERTAIN MOTOR VEHICLES, SO AS TO DELETE AN EXCEPTION RELATED TO ARTICLE 7 OF CHAPTER 9 OF TITLE 56; TO AMEND SECTION 56-1-110, RELATING TO MOTOR VEHICLES AND IMPUTED LIABILITY OF PERSON SIGNING APPLICATION FOR DAMAGES CAUSED BY UNINSURED MINOR, SO AS TO ADD A REFERENCE TO SECTIONS 38-77-140 THROUGH 38-77-310 AS A BASIS FOR EXEMPTING A PARENT OR GUARDIAN OR OTHER RESPONSIBLE ADULT FROM THE LIABILITY OTHERWISE IMPOSED UNDER SECTION 56-1-110; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO ALTER THE DEFINITIONS OF "INSURED MOTOR VEHICLE", "MOTOR VEHICLE LIABILITY POLICY", "PROOF OF FINANCIAL RESPONSIBILITY", AND "UNINSURED MOTOR VEHICLE" PRINCIPALLY BY DELETING REFERENCES TO CERTAIN PROVISIONS OR SECTIONS OF THE CODE OF LAWS AND ADDING REFERENCES TO DIFFERENT CODE SECTIONS; TO AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO PLACE APPROPRIATE PROVISIONS OF ACTS DEALING WITH INSURANCE ENACTED IN 1987 IN THE APPROPRIATE AREA COVERED BY THIS ACT, TO ELIMINATE OR DELETE FROM THIS ACT CERTAIN PROVISIONS OF LAW, AND TO AMEND PROVISIONS OF THIS ACT CORRESPONDING TO AMENDMENTS OF THE INSURANCE LAWS AS MAY HAVE BEEN PASSED BY THE GENERAL ASSEMBLY DURING 1987 IN OTHER ACTS; TO AMEND SECTION 42-7-200, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO DELETE A REFERENCE TO SECTION 42-5-140 AND REPLACE IT WITH A REFERENCE TO SECTION 38-7-50; AND TO REPEAL THE FOLLOWING: ARTICLE 7 OF CHAPTER 9 OF TITLE 56 RELATING TO MOTOR VEHICLES AND COVERAGE LIMITATIONS, UNINSURED MOTORIST PROVISIONS, AND THE LIKE; CHAPTER 11 OF TITLE 56 RELATING TO THE SOUTH CAROLINA AUTOMOBILE REPARATION REFORM ACT OF 1974; CHAPTER 13 OF TITLE 56 RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS; CHAPTER 9 OF TITLE 35 RELATING TO INSIDER TRADING IN SECURITIES OF DOMESTIC STOCK INSURANCE COMPANIES; SECTIONS 42-5-90, 42-5-100, 42-5-110, 42-5-120, 42-5-140, 42-5-150, 42-5-160, 42-5-170, AND 42-5-180 RELATING TO VARIOUS PROVISIONS ON INSURANCE AND SELF-INSURANCE UNDER WORKERS' COMPENSATION; ACT 306 OF 1975 RELATING TO PROVIDING A CONTINGENCY PLAN FOR THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON THE FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION; ACT 767 OF 1976 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PLACING PHARMACISTS IN THE DEFINITION OF HEALTH CARE PROVIDER AND PLACING PER CLAIM AND AGGREGATE LIMITS ON THE AMOUNT OF INSURANCE WHICH MAY BE PAID TO A CLAIMANT UPON ENACTMENT OF A PATIENT COMPENSATION FUND ACT; ACT 104 OF 1977 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE CREATION OF A BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND, INCLUDING, AMONG OTHER THINGS, INCREASING THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE JOINT UNDERWRITING ASSOCIATION AND THE MEMBERSHIP OF THE BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND; ACT 258 OF 1977 RELATING TO PROHIBITING THE INSURANCE COMMISSION, COMMISSIONER, OR JOINT UNDERWRITING ASSOCIATION FROM IMPLEMENTING ANY ASSESSMENT THAT MAY BE PRESCRIBED BY THE JOINT RESOLUTION ESTABLISHING THE JOINT UNDERWRITING ASSOCIATION FOR THE PURPOSE OF WRITING MEDICAL MALPRACTICE LIABILITY INSURANCE UNTIL JULY 1, 1978; ACT 645 OF 1978 RELATING TO THE WRITING OF MEDICAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, THE ESTABLISHMENT OF A PATIENTS' COMPENSATION FUND, AND A CONTINGENCY PLAN FOR WRITING LEGAL PROFESSIONAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR AN APPEAL FROM A RULING OR ACTION BY THE MEDICAL OR LEGAL ASSOCIATION OR THE PATIENTS' COMPENSATION FUND TO THE INSURANCE COMMISSION; ACT 257 OF 1977, ACT 662 OF 1978, ACT 221 OF 1979, AND ACT 200 OF 1981 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE EXTENSION OF THE EXPIRATION DATE OF THE UNDERWRITING ASSOCIATION; ACT 199 OF 1983 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THOUGH A JOINT UNDERWRITING ASSOCIATION AND DELETION OF THE REQUIREMENT THAT THE ASSOCIATION EXPIRE ON DECEMBER 31, 1983; ACT 440 OF 1986 RELATING TO THE PROVISION THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION AND TO THE PROVISION THAT NOTHING IN ACT 440 OF 1986 MAY BE CONSTRUED TO INTERFERE WITH THE MEDICAL DECISION OF THE PRIMARY HEALTH CARE PROVIDER TO USE OR NOT USE ANY HEALTH PROFESSIONAL ON A CASE-BY-CASE BASIS; ACT 518 OF 1986 RELATING TO THE ADDING OF A SECTION TO THE CODE OF LAWS SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS; SUBSECTION A OF SECTION 31 OF PART II OF ACT 540 OF 1986 (THE GENERAL APPROPRIATIONS ACT) RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT EVERY INSURANCE COMPANY OF ANY CLASS, EXCEPT CERTAIN BENEVOLENT INSTITUTIONS, SHALL, BEFORE TRANSACTING ANY BUSINESS IN THIS STATE, PAY A LICENSE FEE OF FOUR HUNDRED DOLLARS TO THE CHIEF INSURANCE COMMISSIONER AND SHALL THEREAFTER PAY AN ANNUAL LICENSE FEE OF FOUR HUNDRED DOLLARS; SUBSECTION B OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE LEVY UPON EACH INSURANCE COMPANY LICENSED BY THE COMMISSIONER OF AN INSURANCE PREMIUM TAX BASED UPON TOTAL PREMIUMS, OTHER THAN WORKERS' COMPENSATION INSURANCE PREMIUMS, AND ANNUITY CONSIDERATIONS, COLLECTED BY THE COMPANY IN THE STATE DURING EACH CALENDAR YEAR; SUBSECTION C OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, NOT LATER THAN MARCH FIRST OF EACH YEAR, EVERY INSURANCE COMPANY LICENSED BY THE COMMISSIONER SHALL FILE WITH HIM A RETURN OF PREMIUMS COLLECTED BY THE COMPANY IN THE STATE DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR ENDING ON DECEMBER THIRTY-FIRST; SUBSECTION D OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ONE-FOURTH OF THE INSURANCE PREMIUM TAXES COLLECTED UNDER SUBSECTION B OF THIS SECTION 31, AND ONE-FOURTH OF THE RETALIATORY COLLECTIONS MADE UNDER SUBSECTION E OF THIS SECTION 31 WHICH ARE ATTRIBUTABLE TO THE TAX LEVIED IN SUBSECTION B, ARE ALLOTTED TO THE SEVERAL COUNTIES, RESPECTIVELY, IN PROPORTION TO THE LATEST OFFICIAL UNITED STATES CENSUS OF THE COUNTIES, AND ARE APPROPRIATED TO ORDINARY COUNTY PURPOSES; SUBSECTION E OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, UNDER CERTAIN CONDITIONS, SIMILAR INSURANCE COMPANIES OF OTHER STATES ESTABLISHING OR HAVING THERETOFORE ESTABLISHED AN AGENCY OR AGENCIES IN SOUTH CAROLINA SHALL MAKE A PARTICULAR DEPOSIT FOR A PARTICULAR PURPOSE WITH THE COMMISSIONER; SUBSECTION F OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING A RETURN TO THE CHIEF INSURANCE COMMISSIONER BY FIRE INSURANCE COMPANIES; SUBSECTION G OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ANY INSURER OR RATING ORGANIZATION AFFECTED BY CERTAIN PROVISIONS OF LAW MAY, AT ANY TIME UP UNTIL APRIL 1, 1987, MAKE A FILING WITH THE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN CERTAIN IMPOSED TAX LIABILITIES; SUBSECTION H OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT EACH LICENSE ISSUED UNDER ARTICLE 1 OF CHAPTER 5 OF TITLE 38 IS FOR AN INDEFINITE TERM UNLESS SOONER REVOKED OR SUSPENDED; SUBSECTION J OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT THE QUARTERLY PAYMENTS REQUIRED OF INSURANCE COMPANIES FOR JUNE 1, 1986, AND SEPTEMBER 1, 1986, ARE DUE AND PAYABLE TO THE CHIEF INSURANCE COMMISSIONER ON OR BEFORE SEPTEMBER 1, 1986; SUBSECTION K OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE PAYMENT OF AN ANNUAL LICENSE FEE; SUBSECTION L OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE FEE FOR AN ADJUSTER'S LICENSE UNDER THE INSURANCE LAWS; SUBSECTION M OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING FEES FOR INSURANCE AGENTS' LICENSES AND THE ISSUANCE OF SEMIANNUAL LICENSES; SUBSECTION N OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING LICENSES FOR APPRAISERS FOR MOTOR VEHICLE PHYSICAL DAMAGE CLAIMS, THE LICENSE FEE, AND REGULATIONS; AND ACT 513 OF 1986, RELATING TO MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING IMMUNITY.
Referred to Committee on Labor, Commerce and Industry.
S. 351 -- Senator Holland: A BILL TO AMEND ACT 584 OF 1984, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE TERMS OF THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION TO FOUR YEARS BEGINNING AS PROVIDED IN SECTION 59-19-315, AND TO STAGGER THE TERMS OF THE MEMBERS ELECTED IN THE ELECTION IN 1988.
On motion of the Chesterfield County Delegation, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Elliott Evatt Faber Fair Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 10, 1987.
James Lockemy Paul Derrick Robert A. Kohn Jack Gregory Lenoir Sturkie Joseph McElveen, Jr. T.W. Edwards John Felder Larry Gentry
LEAVES OF ABSENCE
The SPEAKER granted Rep. SHORT a leave of absence for the day.
The SPEAKER granted Rep. BENNETT a leave of absence for the day due to illness.
I was absent on Thursday, January 22, 1987. I request a leave of absence for that day. I was unable to attend due to inclement weather.
Rep. DONNA MOSS
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 2093 -- Rep. Hayes: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 6 SO AS TO ABOLISH THE COMMON LAW RULE AGAINST PERPETUITIES AND REPLACE IT WITH A STATUTORY RULE AGAINST PERPETUITIES WHICH ADOPTS PROVISIONS WHICH PREVENT THE DEFEAT OF THE TRANSFEROR'S INTENT.
The following Bill was taken up.
H. 2016 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A PLAN FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONALS LICENSED AND REGULATED BY THE STATE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL MEANS OR ON A REASONABLE BASIS TO PROFESSIONALS LICENSED AND REGULATED BY THE STATE.
Rep. MAPPUS proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, Section 6, Line 10, change the word "may" to "shall".
Amend title to conform.
Rep. MAPPUS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2254 -- Reps. Boan, J.W. Johnson and Hodges: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1671Y), which was adopted.
Amend the bill, as and if amended, Section 16-11-700(C), as contained in SECTION 1, page 2, line 3, by striking /fifty/ and inserting /one hundred/, so that when amended Section 16-11-700(C) shall read:
/(C) Any person violating the provisions of this section shall be is guilty of a misdemeanor and upon conviction shall must be fined not less than ten one hundred dollars nor more than two hundred dollars for each offense, and, notwithstanding any other provision of law, magistrates and municipal courts shall have jurisdiction to try violations of this section. The court, in lieu of any monetary fine imposed, may direct the substitution of litter-gathering labor under the supervision of the court, not to exceed one hour for each five dollars of fine imposed. In addition to any other punishment authorized by this section, in the sound discretion of any court in which conviction is obtained, such the person may be directed by the Judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that such the person has deposited litter, any or all litter deposited thereon on the place or property by anyone prior to the date of execution of sentence."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. SHARPE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER overruled the Point of Order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 76 -- Senator Williams: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION; AND TO REPEAL CHAPTER 27 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION.
Rep. AYDLETTE inquired whether the Bill (S.76) was not subject to Rule 5.9, which requires that all bills show the Code sections as amended.
The SPEAKER stated that the provisions of Rule 5.9 only apply to Bills in the form of Committee Reports, and the Rule did not apply to the drafting of bills.
Rep. WILKINS explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.
Judiciary Committee. proposed the following Amendment No. 1 (Doc. No. 1849Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 15-78-20(c) of the 1976 Code, as added by Act 463 of 1986, is further amended to read:
"(c) As to those causes of action that arise or accrue prior to the effective date of this act, the General Assembly reinstates sovereign immunity on the part of the State, its political subdivisions and employees, while acting within the scope of official duty ; provided , however, that sovereign immunity will not bar recovery in any case filed cause of action arising or accruing on or before the effective date of this act if the defendant maintained liability insurance coverage. In such cases, recovery shall not exceed the limits of the liability insurance coverage."
SECTION 2. In computing the statutory time for filing a claim under Section 15-78-20(c) of the 1976 Code, as amended by Section 1 of this act, the period from July 1, 1986, until the effective date of this act must not be included in computing the applicable statute of limitations.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 2405 -- Reps. Cooper, Townsend, Kay, Nesbitt, Chamblee, Rhoad, Simpson, Hendricks, L. Martin, T.C. Alexander, McLellan and Snow: A JOINT RESOLUTION TO NAME THE MULTIPURPOSE LIVESTOCK ARENA AT CLEMSON UNIVERSITY THE "T. EDMOND GARRISON ARENA" UPON ITS COMPLETION AND DEDICATION.
On motion of Rep. G. BROWN, with unanimous consent, the following was introduced:
H. 2441 -- Reps. G. Brown and Baxley: A CONCURRENT RESOLUTION TO COMMEND THE CITIZENS OF BISHOPVILLE, LEE COUNTY, IN HONORING THE COUNTY'S FIRST BRIGADIER GENERAL BY PROCLAIMING FEBRUARY 14, 1987, AS "THOMAS H. ALEXANDER DAY".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. WINSTEAD.
Rep. BEASLEY moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2288 -- Rep. Evatt: A CONCURRENT RESOLUTION INVITING MRS. ROSEMARY MAZER, NATIONAL PRESIDENT OF THE LADIES AUXILIARY TO THE VETERANS OF FOREIGN WARS OF THE UNITED STATES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1987.
On motion of Rep. FOSTER, with unanimous consent, the following Resolution was taken up for immediate consideration.
H. 2288 -- Rep. Evatt: A CONCURRENT RESOLUTION INVITING MRS. ROSEMARY MAZER, NATIONAL PRESIDENT OF THE LADIES AUXILIARY TO THE VETERANS OF FOREIGN WARS OF THE UNITED STATES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1987.
Be it resolved by the House of Representatives, the Senate concurring:
That Mrs. Rosemary Mazer, National President of the Ladies Auxiliary to the Veterans of Foreign Wars of the United States, is invited to address the General Assembly in joint session in the Hall of the House of Representatives at 12:00 Noon on Wednesday, March 25, 1987.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2442 -- Reps. Beasley, Townsend and Fair: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION AT A PLACE OTHER THAN A SCHOOL, SO AS TO PROVIDE REQUIREMENTS FOR PARENTS OR GUARDIANS TO MEET TO TEACH THEIR CHILDREN AT HOME IN A HOME STUDY PROGRAM IN LIEU OF SCHOOL ATTENDANCE.
Referred to Committee on Education and Public Works.
H. 2443 -- Rep. Toal: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OPPORTUNITIES INDUSTRIALIZATION CENTER OF SOUTH CAROLINA, INC.
On motion of Rep. TOAL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was received. Columbia, S.C., February 10, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber immediately today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. McABEE, the invitation was accepted.
Further proceedings were interrupted by the Ratification of Acts.
At 12:25 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R1) S. 284 -- Senator Shealy: A JOINT RESOLUTION CALLING FOR A SPECIAL ELECTION ON TUESDAY, APRIL 28, 1987, TO FILL A VACANCY ON THE LEXINGTON COUNTY BOARD OF EDUCATION FROM SCHOOL DISTRICT THREE AND PROVIDE FOR THE TIME OF QUALIFICATION OF CANDIDATES.
(R2) S. 318 -- Judiciary Committee: AN ACT TO AMEND SECTION 33-9-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVERTIBLE SECURITIES OF BUSINESS CORPORATIONS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A CORPORATION TO ISSUE BONDS CONVERTIBLE INTO SHARES WITHIN SUCH PERIOD AND UPON SUCH CONDITIONS AS FIXED BY THE BOARD OF DIRECTORS ONLY IF THE ARTICLES OF INCORPORATION AUTHORIZE THE ISSUANCE.
(R3) S. 322 -- Senators Dennis, Waddell, Lindsay, Patterson, Lourie, Giese, Courson and Branton: AN ACT TO AMEND SECTION 31-10-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF A REDEVELOPMENT COMMISSION OF A MUNICIPALITY TO ISSUE AND SELL BONDS, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE YEARS THE MAXIMUM MATURITY TIME OF THE BONDS.
(R4) S. 127 -- Judiciary Committee: AN ACT TO RATIFY AN AMENDMENT TO SECTION 26 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT TERMS OF MAGISTRATES MUST BE UNIFORM STATEWIDE.
(R5) S. 63 -- Senator Nell W. Smith: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF PICKENS COUNTY AND DEVOLVE. THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(R6) H. 2208 -- Reps. Baxley, Beasley, Neilson and Gilbert: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COMMUNITY ECONOMIC BETTERMENT ASSOCIATES, INC.
(R7) H. 2339 -- Reps. Beasley, T.M. Burriss, Toal, T. Rogers and Klapman: A JOINT RESOLUTION TO PROVIDE THAT FOR 1988 ONLY, ANY CERTIFIED POLITICAL PARTY MAY HOLD A STATE CONVENTION NO LATER THAN APRIL SIXTEENTH.
(R8) H. 2178 -- Rep. Rhoad: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF DENMARK-OLAR SCHOOL DISTRICT NO. 2. OF BAMBERG COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
(R9) H. 2030 -- Rep. Kirsh: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO CHANGE THE PRECINCT LINES IN BETHEL NO. 1 AND CANNON MILL PRECINCTS.
At 12:35 P.M. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up.
H. 2091 -- Rep. Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE FOR A TWENTY-FIVE PERCENT REDUCTION IN ANY POINTS ASSESSED FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS IF THE OFFENDER IS WEARING A SEAT BELT AT THE TIME OF THE VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-7-65 SO AS TO PROVIDE SPACE ON THE UNIFORM TRAFFIC TICKET TO NOTE IF THE OFFENDER WAS WEARING HIS SEAT BELT.
Rep. RUSSELL explained the Bill.
Rep. KIRSH moved that the House do now adjourn which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. RUSSELL having the floor.
The Senate returned to the House with concurrence the following:
H. 2428 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. RUTH W. KEY OF THE DEPARTMENT OF SOCIAL SERVICES, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2429 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. CHAUNCEY R. NICHOLS, JR., OF THE SOUTH CAROLINA FORESTRY COMMISSION, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2430 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. THOMAS J. PEACH OF THE EMPLOYMENT SECURITY COMMISSION, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2431 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. BESSIE H. HATHAWAY OF THE EMPLOYMENT SECURITY COMMISSION, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2432 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN S. HERIN OF THE UNIVERSITY OF SOUTH CAROLINA, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2433 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. EDGAR L. McGOWAN, COMMISSIONER OF THE DEPARTMENT OF LABOR, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2434 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. GILBERT C. ROBINSON OF CLEMSON UNIVERSITY FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2435 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN P. STOKES, DEPUTY SECRETARY OF STATE, FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2436 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. LEATHA L. MARSH OF THE DEPARTMENT OF MENTAL HEALTH, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
H. 2437 -- Rep. Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. LORINE W. DAVIS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
At 12:50 P.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 2:00 P.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:39 P.M.