South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

THURSDAY, JANUARY 21, 1988

Thursday, January 21, 1988
(Statewide 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 of infinite wisdom and unbounded love, impress indelibly upon our minds that the words we here speak and the actions we take affect the lives of many both now and in the generations to come. Guide us, then, by the light of Your Word. Give us courage to make brave choices and wisdom to make right ones. Send us to our waiting tasks with the light of Your righteousness leading us, seeing clearly Your purposes, feeling assuredly Your impeccable wisdom, knowing the peace of mind that endures all things, and the ever present contentment in the knowledge we have done our best.

Thank You, Lord, for this privilege of 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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., January 20, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 139:
S. 139 -- Senator Setzler: A BILL TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO INCREASE THE PENALTY WHEN THE DEPOSIT IS LIKELY TO INJURE ANY PERSON, ANIMAL, OR VEHICLE AND TO PROVIDE FOR THE PENALTIES WHEN PERSONAL INJURY OR DEATH RESULTS FROM THE DEPOSIT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., January 20, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 379:
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

INVITATIONS

The following invitations were taken up for immediate consideration and accepted.

November 5, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
532-B Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the officers, directors and members of the South Carolina Cable Television Association I would like to extend an invitation to the members of the House, their spouses, staff members and attaches to attend a reception in honor of the members of the General Assembly. The reception will commence at 6:00 P.M. on Tuesday, February 2, 1988 at the Radisson Hotel in Columbia.

The South Carolina Cable Television Association has enjoyed its close relationship with the members of the General Assembly, and welcome the opportunity to honor the members. I would hope that your committee would recommend acceptance of this invitation and have it placed on the House calendar.

With my warmest regards, I am

Yours very truly,
Mary Prince
President

March 18, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Mr. Foster:

On behalf of the membership of the South Carolina National Guard Association and the Adjutant General of South Carolina, Major General T. Eston Marchant, it is my pleasure to extend a warm and cordial invitation to members of the House of Representatives to our tenth annual Legislative Appreciation Reception at the National Guard armory, 1225 Bluff Road, Columbia, South Carolina from 6:00 P.M. to 8:00 P.M. on February 3, 1988.

Please bring this invitation to the attention of the House Invitations Committee. Thank you for your assistance, and I look forward to a favorable reply.

Sincerely,
Stanhope S. Spears
Colonel, SCARNG
President

November 18, 1987
Rep. Sam Foster, Chairman
House Invitations Committee
532B Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

I respectfully request that the Legislative Institute breakfasts, sponsored by the Council of Presidents of state supported Higher Education Institutions be placed on the House Calendar. The three dates of the breakfasts are: February 3, February 10, and February 17, 1988. All of the breakfasts will be held at the Radisson Hotel from 7:30 to 9:00 A.M.

Thank you for your consideration.

Kindest regards,
Wade A. Green
Assistant to the President
for Public Affairs

October 22, 1987
The Honorable Samuel R. Foster, Chairman
House Invitations and Memorial Resolutions Committee
P.O. Box 11867
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Association of Probate Judges requests the pleasure of your company and other members of the House of Representatives to attend a reception on the evening of February 9, 1988 at 7:00 P.M. at the Radisson.

Sincerely,
Waldo A Maring
President, SCPJA

March 27, 1987
Chairman Samuel R. Foster
House Invitations Committee
State House
P.O. Box 11867
Columbia, S.C. 29211

Dear Chairman Foster:

The Municipal Association of South Carolina will hold its 14th Annual Winter Meeting & Legislative Conference at the Radisson Hotel on February 10 and 11, 1988. I would like to extend an invitation to members of the House and their spouses to attend a reception as guests of the Association on Wednesday, February 10, 1988 from 6:30 P.M. to 8:00 P.M. at the Radisson Hotel in Columbia.

Sincerely,
J. McDonald Wray
Executive Director

October 21, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 11867
Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House of Representatives, Research Directors, Administrative Assistants, Secretaries, spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 16, 1988 at 6:00 P.M. at the Ellison Building, State Fairgrounds, Columbia, South Carolina.

Traditionally, we begin on time and present a very short program -- that is our plan this year. We will not hold you to a late hour.

Sincerely,
Harry S. Bell
President

February 25, 1987
Honorable Samuel R. Foster
Chairman, House Invitations Committee
Post Office Box 11867
Columbia, S.C. 29211

Dear Mr. Foster:

The South Carolina Association of Auditors, Treasurers and Tax Collectors would like to invite the Members of the House of Representatives, Clerks and Attaches to a reception on Wednesday, February 17, 1988 at the Radisson Hotel at 6:00 P.M.

We hope this is convenient with your schedule and look forward to seeing you at this time.

Sincerely,
Clyburn L. Nichols
President

December 28, 1987
Representative Sam Foster
Post Office Box 11867
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of more than one hundred (100) churches associated with Christian Viewpoint and more than fifty (50) Christian schools which are members of the South Carolina Association of Christian Schools, I invite the members of the House to a breakfast to be held at the Radisson Inn on Assembly Street on Thursday, February 18, 1988 at 8:15 A.M. Please note the change of location to the members.

This invitation complies with requirements for breakfast invitations of the Rules of the General Assembly.

Sincerely,
Orin G. Briggs

July 7, 1987
The Honorable Samuel R. Foster
Chairman House Invitations Committee
P.O. Box 11867
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the members of the South Carolina AFL-CIO, I am pleased to invite the members of the House of Representatives to a reception given in their honor on Tuesday, February 23, 1988 at the Town House Hotel on Gervais Street. The reception will begin at 7:00 P.M.

Members of our organization look forward to seeing you and the other members of the House on that evening.

Sincerely,
Randy Kiser
President

August 19, 1987
The Honorable Samuel R. Foster
Chairman
House Invitations Committee
Post Office Box 11867
Columbia, S.C. 29211

Dear Rep. Foster:

The members of the South Carolina Registered Cosmetologist Association would like to again this year have the opportunity to meet and thank the members of the House of Representatives for their work to benefit the State of South Carolina.

We extend to each member and their spouse an invitation to join us for a drop-in to be held Wednesday February 24th from 6:30 P.M. until 9:30 P.M. at the Town House in Columbia.

We would appreciate your extending this invitation to your colleagues and look forward to seeing each of you.

Sincerely yours,
Jack S. Humphries, President
S.C.R.C.A.

December 3, 1987
Honorable Samuel R. Foster
Chairman, House Invitation Committee
P.O. Box 11867
Columbia, S.C. 29211

Dear Honorable Foster:

The South Carolina Home Economics Association cordially requests the honor of the South Carolina House of Representatives' members at a breakfast for South Carolina Legislators on Thursday morning, the 25th of February, 1988 from 8:00 to 9:30 A.M. at the Radisson Hotel, Columbia, South Carolina.

Personal invitations will be sent to each representative early in February. We will be greatly honored to have each of you present at the breakfast.

Sincerely,
Glennis M. Couchman, Ph.D., C.H.E.
Chairperson, Public Affairs and
Legislative Committee

October 22, 1987
The Honorable Samuel R. Foster
Chairman of the Invitations Committee
P.O. Box 11867
Columbia, S.C. 29211

Dear Mr. Chairman:

Due to a conflict in the industry we have had to change the date of our February 4 - 6 meeting in Hilton Head. Please make a change on the House calendar that the SCTMA Plant Managers Division meeting will be February 25 - 27 at The Hyatt in Hilton Head. The hotel will host all members of the General Assembly to complimentary rooms Thursday and Friday evenings. We will be in touch with final details after the session convenes.

We ask that if there is no problem with changing this date that you respond in writing to us that February 25 - 27 has been placed on the House calendar.

Many thanks.

Sincerely,
John G. Beasley
Executive Vice President

REPORTS OF STANDING COMMITTEES

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 2543 -- Rep. Toal: A BILL TO AMEND SECTION 42-7-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATES AND PREMIUMS PAID BY EMPLOYERS AND DEPOSITED IN THE STATE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE THAT ALL INTEREST EARNED AFTER JULY 1, 1987, ON THESE DEPOSITS MUST BE CREDITED TO THE FUND, THAT INTEREST EARNED ON DEPOSITS IN THE FUND FROM JULY 1, 1974, TO JUNE 30, 1987, MUST BE RECREDITED TO THE FUND, AND TO PROVIDE FOR THE METHOD FOR FUNDING THIS RECREDIT.

Ordered for consideration tomorrow.

Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.

Ordered for consideration tomorrow.

Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 2945 -- Reps. Evatt, Beasley, Hayes, McAbee and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 4 TO ARTICLE 3, CHAPTER 7, TITLE 20 SO AS TO CREATE AND PROVIDE FOR A GUARDIAN AD LITEM PROGRAM FOR TRAINING AND SUPERVISION OF VOLUNTEERS SERVING AS COURT APPOINTED SPECIAL ADVOCATES FOR CHILDREN IN ABUSE AND NEGLECT PROCEEDINGS WITHIN THE FAMILY COURT AND TO PROVIDE FOR FUNDING OF THE PROGRAM; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF REPORTS AND RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, CHILD PROTECTIVE SERVICE AGENCIES, AND THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROVISIONS AUTHORIZING THE REPORTS AND RECORDS TO BE MADE AVAILABLE.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3439 -- Rep. Edwards: A HOUSE RESOLUTION INVITING A GROUP OF THE STUDENTS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND TO THE HOUSE CHAMBER ON TUESDAY, FEBRUARY 16, 1988, AT 12:00 NOON, TO LEAD THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IN THE PLEDGE OF ALLEGIANCE TO THE FLAG IN SIGN LANGUAGE AND TO PERFORM FOR THE HOUSE TWO PATRIOTIC SONGS.

H. 3439--ADOPTED

On motion of Rep. FOSTER, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 3439 -- Rep. Edwards: A HOUSE RESOLUTION INVITING A GROUP OF THE STUDENTS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND TO THE HOUSE CHAMBER ON TUESDAY, FEBRUARY 16, 1988, AT 12:00 NOON, TO LEAD THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IN THE PLEDGE OF ALLEGIANCE TO THE FLAG IN SIGN LANGUAGE AND TO PERFORM FOR THE HOUSE TWO PATRIOTIC SONGS.

Whereas, a group of students from the South Carolina School for the Deaf and Blind in Spartanburg have expressed a wish to come before the House of Representatives in the House Chamber to lead the members of the House in the Pledge of Allegiance to the Flag in sign language and to perform for the the House two patriotic songs in order to entertain the members and to demonstrate to the House the capability and skills the students have acquired as a result of the education they receive from the school; and

Whereas, the members of the House feel that this appearance would benefit the students and the members alike and would be altogether fitting and welcome. Now, therefore,

Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, invite a group of the students from the South Carolina School for the Deaf and Blind to the House Chamber on Tuesday, February 16, 1988, at 12:00 noon, to lead the members of the House of Representatives in the Pledge of Allegiance to the Flag in sign language and to perform for the House two patriotic songs.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3444 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS ON THURSDAY, APRIL 28, 1988, AFTER THE ADJOURNMENT OF THE GENERAL ASSEMBLY, FRIDAY, APRIL 29, 1988, AND SATURDAY, APRIL 30, 1988, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

H. 3444--ADOPTED AND SENT TO THE SENATE

On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 3444 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS ON THURSDAY, APRIL 28, 1988, AFTER THE ADJOURNMENT OF THE GENERAL ASSEMBLY, FRIDAY, APRIL 29, 1988, AND SATURDAY, APRIL 30, 1988, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, thirty-eight states have successful Youth in Government programs, and in 1987 over thirty-nine thousand young people participated in a model legislature and leadership assembly sponsored by the Young Men's Christian Association; and

Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for state-wide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop an enthusiasm about government and community affairs. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly authorize the Young Men's Christian Association to use the Senate and House of Representatives Chambers on Thursday, April 28, 1988, after the adjournment of the General Assembly, Friday, April 29, 1988, and Saturday, April 30, 1988, to conduct a Youth in Government program.

The Concurrent Resolution was adopted and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3589 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE CONDOLENCE OF THE GENERAL ASSEMBLY, ON BEHALF OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA, TO THE PEOPLE OF THE REPUBLIC OF CHINA (TAIWAN) CONCERNING THE DEATH OF TAIWANESE LEADER CHIANG CHING-KUO.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3590 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING LEE COUNTY MAGISTRATE WAYNE BROWN FOR OUTSTANDING PUBLIC SERVICE OVER MANY YEARS, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3591 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. THOMAS J. LESLIE OF BENNETTSVILLE, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3600 -- Reps. Hayes, Foster, Kirsh, Nesbitt and Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JAMES LADD FOWLER OF ROCK HILL, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3601 -- Reps. Waldrop and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF NEWBERRY COUNTY CORONER, R. COLEMAN BISHOP, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3592 -- Rep. Stoddard: A BILL TO REPEAL SECTION 23-31-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.

Referred to Committee on Labor, Commerce and Industry.

H. 3593 -- Reps. Harvin, G. Brown, J. Brown, Gilbert, McBride, J. Harris, Neilson, Davenport, Cooper, J. Rogers, Klapman, Whipper, Mattos, McGinnis, McTeer, Baxley, Cork, Waldrop, D. Martin, Arthur, Elliott, Lanford, Humphries, J. Bradley, Faber and Washington: A JOINT RESOLUTION TO PROVIDE FOR THE 1987-88 SCHOOL YEAR THAT NO MORE THAN THREE DAYS MISSED BECAUSE OF BAD WEATHER CONDITIONS MAY BE EXCUSED, BUT TEACHERS MAY NOT HAVE THEIR COMPENSATION REDUCED BECAUSE OF THE EXCUSED DAYS.

Referred to Committee on Education and Public Works.

H. 3594 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTIVE CUSTODY OF CHILDREN, SO AS TO CHANGE THE TIME FOR THE HEARING TO BE HELD TO DETERMINE WHETHER CUSTODY MAY BE REMOVED.

Referred to Committee on Judiciary.

H. 3595 -- Rep. Rudnick: A BILL TO AMEND SECTIONS 56-5-1510, 56-5-1520, AND 56-15-1540, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO REMOVE THE EXCEPTION PROVIDING THAT THE MAXIMUM SPEED LIMIT ON SOME PORTIONS OF STATE AND INTERSTATE HIGHWAYS IN THIS STATE MAY BE HIGHER THAN FIFTY-FIVE MILES AN HOUR WHERE PERMITTED BY FEDERAL LAW.

Referred to Committee on Education and Public Works.

H. 3596 -- Reps. Rudnick, Faber and Whipper: A BILL TO PROVIDE THAT ANY LICENSED DRIVER WHO HAS ACCUMULATED NO MORE THAN TWO POINTS ON HIS MOTOR VEHICLE OPERATING RECORD FOR THE PRECEDING FOUR YEARS IS ELIGIBLE TO PURCHASE AUTOMOBILE LIABILITY INSURANCE AT THE LOWEST RATES AVAILABLE UNDER THE APPLICABLE RISK CLASSIFICATION SYSTEM.

Referred to Committee on Labor, Commerce and Industry.

H. 3597 -- Reps. Rudnick and Toal: A BILL TO AMEND CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC REGULATIONS, BY ADDING ARTICLE 48 SO AS TO REQUIRE OCCUPANTS OF MOTOR VEHICLES TO WEAR A PROPERLY FASTENED SAFETY BELT, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 3598 -- Reps. O. Phillips, G. Bailey, Kirsh, Holt, Klapman, Washington, Whipper, Arthur, Rudnick and Pearce: A BILL TO AMEND CHAPTER 5 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AERONAUTICAL REGULATORY ACT, BY ADDING SECTION 55-5-75, SO AS TO PROVIDE THAT FROM INFORMATION OBTAINED FROM THE FEDERAL AVIATION ADMINISTRATION, THE STATE AERONAUTICS COMMISSION QUARTERLY SHALL FURNISH THE RESPECTIVE COUNTY AUDITORS OF THIS STATE WITH A LIST OF ALL AIRCRAFT REGISTERED IN THEIR COUNTY ACCORDING TO THE RECORDS OF THE FEDERAL AVIATION ADMINISTRATION; TO REPEAL CHAPTER 7 OF TITLE 55 RELATING TO THE REGISTRATION OF AIRCRAFT; TO AMEND SECTIONS 55-8-10, 55-8-40, AND 55-8-140, RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE REFERENCES TO THE REGISTRATION OF AIRCRAFT AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATION OF THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; TO REPEAL SECTIONS 55-8-60, 55-8-80, 55-8-120, AND 55-8-130 RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; AND TO AMEND SECTION 38-1-20, RELATING TO THE KINDS OF INSURANCE FOR WHICH AN INSURANCE COMPANY MAY BE LICENSED, SO AS TO PROVIDE THAT LOSSES, DESTRUCTION, OR DAMAGES TO AIRCRAFT ARE WITHIN THE MEANING OF THE TERM "MARINE INSURANCE".

Referred to Committee on Education and Public Works.

H. 3599 -- Reps. Faber, Aydlette, Barfield, G. Brown, Townsend, Cooper, Petty, Gilbert, E.B. McLeod, McBride, White, Waldrop, Humphries, Bennett, Whipper, Cork, J. Bradley, Hearn, Davenport, Cole, Gordon, Nesbitt, T. Rogers, Baxley, R. Brown, McGinnis, L. Phillips, Stoddard, G. Bailey, M.O. Alexander, Thrailkill, Arthur, Lanford, J. Harris, Pearce, Rice, Lockemy, K. Bailey, Elliott, McAbee, J.C. Johnson, McEachin, Shelton and Blanding: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSE, BY ADDING SECTION 56-1-215 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROVIDE A FIVE-DAY GRACE PERIOD FOR RENEWING A LICENSE WHENEVER THE EXPIRATION DATE FOR THE LICENSE FALLS ON A SATURDAY, SUNDAY, STATE HOLIDAY, OR DAY WHEN THE STATE OFFICES ARE CLOSED DUE TO INCLEMENT WEATHER.

Referred to Committee on Education and Public Works.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, J.
Burch                  Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Faber
Fair                   Ferguson               Foster
Foxworth               Gentry                 Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Lanford                Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McLeod, E.B.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Stoddard
Sturkie                Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 21, 1988.

Crosby Lewis                      John G. Felder
Dell Baker                        Robert B. Brown
John W. McLeod                    Robert A. Kohn
Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. AYDLETTE a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. J. Gavin Appleby of Columbia is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3582 -- Rep. Wilder: A BILL TO ABOLISH THE OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION AND THE COUNTY BOARD OF EDUCATION IN BARNWELL COUNTY AND DEVOLVE THEIR DUTIES UPON THE RESPECTIVE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF THE COUNTY; AND TO AUTHORIZE THE DISTRICT BOARDS OF TRUSTEES TO JOINTLY CONTRACT FOR CERTAIN FISCAL AND ADMINISTRATIVE SERVICES.

H. 3305 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT INTEREST AT THE LEGAL RATE MUST BE PAID BY A LIFE INSURER ON A LUMP SUM DEATH BENEFIT IF THE INSURER FAILS TO PAY THE BENEFIT WITHIN THIRTY DAYS OF THE CLAIMANT SUBMITTING PROOF OF DEATH.

H. 3306 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-29-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION HAS NO LIABILITY UNDER CHAPTER 29, TITLE 38, FOR COVERED POLICIES OF A DOMESTIC INSURER FOR RESIDENTS OF ANOTHER STATE EXCEPT UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 38-29-80, RELATING TO THE ASSOCIATION AND ASSESSMENTS, SO AS TO PROVIDE THAT IN THE EVENT AN ASSESSMENT AGAINST A MEMBER INSURER IS ABATED OR DEFERRED, IN WHOLE OR IN PART, BECAUSE OF CERTAIN LIMITATIONS, THE AMOUNT BY WHICH THE ASSESSMENT IS ABATED OR DEFERRED MAY, RATHER THAN MUST, BE ASSESSED AGAINST THE OTHER MEMBER INSURERS IN A MANNER CONSISTENT WITH THE BASIS FOR ASSESSMENTS SET FORTH IN SECTION 38-29-80.

Rep. J. BRADLEY explained the Bill.

H. 3308 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND CHAPTER 13, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-13-85 SO AS TO REQUIRE EACH INSURER AUTHORIZED TO WRITE INSURANCE IN THIS STATE TO FILE CERTAIN INFORMATION ANNUALLY WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, TO PROVIDE THAT THE ASSOCIATION AND ITS AUTHORIZED COMMITTEES, EMPLOYEES, OR PERSONS ARE IMMUNE FROM CIVIL LIABILITY WHEN DISSEMINATING THIS INFORMATION IN ABSENCE OF ACTUAL MALICE, AND TO PROVIDE THAT CERTAIN INFORMATION SUBMITTED TO THE STATE DEPARTMENT OF INSURANCE BY THE ASSOCIATION MUST BE CONFIDENTIAL.

H. 3309 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN OR ALIEN FIRE INSURER BEING REQUIRED TO WRITE ON THE FACE OF EACH FIRE INSURANCE POLICY ISSUED BY IT THE NAME OF THE COUNTY ENTITLED TO AN ALLOCATION OF THE PREMIUMS THEREON AND THE LOCATION OF THE PROPERTY SO INSURED, SO AS TO MAKE THIS PROVISION APPLICABLE TO ALL FIRE INSURERS.

H. 3310 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP LIFE INSURANCE POLICIES, AND SECTION 38-71-730, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT SEVENTY-FIVE PERCENT OF EMPLOYEES OR MEMBERS SHALL PARTICIPATE BEFORE THE POLICY MAY BE PLACED IN FORCE.

Rep. J. BRADLEY explained the Bill.

H. 3311 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE INSURANCE COMMISSION, SO AS TO PROVIDE FOR THE ATTENDANCE OF THE COMMITTEE MEMBERS AT PUBLIC AND EXECUTIVE COMMISSION MEETINGS; AND SECTION 38-3-110, RELATING TO THE DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO REVISE HIS DUTIES TO REPORT VIOLATIONS OF THE LAWS AND TO INSTITUTE CIVIL ACTIONS RELATIVE TO THE BUSINESS OF INSURANCE.

Rep. J. BRADLEY explained the Bill.

H. 3312 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT EVERY INSURER FILE AN ANNUAL STATEMENT WITH THE CHIEF INSURANCE COMMISSIONER SHOWING THE BUSINESS STANDING AND FINANCIAL CONDITION OF THE INSURER, SO AS TO REQUIRE THAT THE STATEMENT BE VERIFIED BY TWO OF ITS PRINCIPAL OFFICERS INSTEAD OF BEING SIGNED BY ITS PRESIDENT.

H. 3313 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-15-10 AND 38-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY INSURERS AND THE SPECIAL AUTHORITY REQUIRED FOR WRITING CERTAIN BONDS, FORMS OF THE BONDS, AND THE WITHDRAWAL OF THE SPECIAL AUTHORITY, SO AS TO DELETE THE GOVERNOR FROM THE LIST OF STATE OFFICIALS AUTHORIZED TO ACT UNDER THESE PROVISIONS.

Rep. J. BRADLEY explained the Bill.

H. 3314 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO MAKE THE INSPECTION AND EXAMINATION OF DOMESTIC INSURANCE COMPANIES DISCRETIONARY INSTEAD OF MANDATORY.

Rep. J. BRADLEY explained the Bill.

H. 3315 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-65-60, 38-65-70, 38-65-210, AND 38-65-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE, SO AS TO PROVIDE FOR CONTINUED COVERAGE DURING AN INSURED'S TOTAL DISABILITY AND DELIVERY OF CERTIFICATES OF INSURANCE TO COVERED DEBTORS, TO REQUIRE ADJUSTMENTS WHEN THE SEX OF AN INSURED IS MISSTATED, TO INCREASE THE LIMITATION ON THE AMOUNT WHICH THE INSURER MAY PAY TO PERSONS WHO INCUR EXPENSE BY REASON OF THE DEATH OF AN INSURED WITH NO NAMED BENEFICIARY FROM FIVE HUNDRED DOLLARS TO TWO THOUSAND DOLLARS AND THE LIMITATION ON THE AMOUNT OF INDIVIDUAL COVERAGE A MEMBER OF A GROUP WHOSE GROUP COVERAGE IS TERMINATED MAY RECEIVE FROM TWO THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE A RESTRICTION ON GROUPS WHICH MAY NOT BE INSURED BY OUT-OF-STATE INSURERS, TO FURTHER DEFINE THE DEPENDENT CHILDREN WHOSE LIVES MAY BE INSURED UNDER GROUP POLICIES AND INCREASE THE LIMIT OF COVERAGE FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, AND TO ELIMINATE A RESTRICTION ON THE AMOUNT OF LIFE INSURANCE COVERAGE A PERSON MAY RECEIVE UNDER A FRANCHISE OR WHOLESALE LIFE INSURANCE PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 38-65-110 SO AS TO PROVIDE FOR THE EXTENSION OF TIME FOR EXERCISING THE RIGHT OF OBTAINING LIFE INSURANCE WITHOUT EVIDENCE OF INSURABILITY WHEN NOTICE OF THE RIGHT HAS NOT BEEN GIVEN AS REQUIRED; AND TO REPEAL SECTION 38-65-80 RELATING TO INAPPLICABILITY OF CHAPTER 65 OF TITLE 38 TO AN ASSOCIATION OF MEMBERS INVOLVED IN ONE HAZARDOUS OCCUPATION.

Rep. J. BRADLEY explained the Bill.

H. 3331 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPERATIONS GENERALLY OF A DOMESTIC MUTUAL INSURER, BY ADDING SECTIONS 38-19-815 AND 38-19-825 SO AS TO DEFINE "BULK REINSURANCE AND ASSUMPTION", "MERGER", AND "CONVERSION OF A MUTUAL INSURER TO A STOCK INSURER", AND PROVIDE FOR A PROCEDURE FOR BULK REINSURANCE AND ASSUMPTION, MERGER, AND CONVERSION; TO AMEND SECTION 38-19-20, RELATING TO CONTRACTS ISSUED BY DOMESTIC MUTUAL INSURERS, SO AS TO PROVIDE THAT THE EMPLOYER WHOSE NAME IS ON THE MASTER CONTRACT IS a MEMBER OF THE INSURER WHEN THE CONTRACT IS A GROUP ANNUITY CONTRACT OR A CONTRACT OF GROUP INSURANCE AND THE HOLDER OF AN INDIVIDUAL OR GROUP ANNUITY CONTRACT OR AN INDIVIDUAL OR GROUP CONTRACT OF INSURANCE INSTEAD OF A HOLDER OF ONE OR MORE INSURANCE CONTRACTS ISSUED BY AN INSURER; TO AMEND SECTION 38- 19-40, RELATING TO NOTICE OF THE TIME AND PLACE OF THE ANNUAL MEETING OF MEMBERS REQUIRED TO BE GIVEN BY A DOMESTIC MUTUAL INSURER, SO AS TO REQUIRE A PROCEDURE FOR CHANGING THE TIME INSTEAD OF THE DATE OF THE ANNUAL MEETING; TO AMEND SECTION 38-19-50, RELATING TO THE USE OF A PROXY BY A MEMBER OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE AUTHORITY OF A MEMBER OF THE INSURER TO GIVE HIS PROXY TO ANOTHER MEMBER, THE PROHIBITION OF AN OFFICER OF THE INSURER HOLDING OR VOTING THE PROXY OF ANY MEMBER, AND THE CONDITIONS UNDER WHICH A PROXY IS NO LONGER VALID, TO PROVIDE WHEN THE APPOINTMENT OF THE PROXY IS EFFECTIVE, AND TO ADD CONDITIONS UNDER WHICH A MEMBER'S VOTE UPON A PROPOSAL MAY BE REGISTERED, PROVIDE CONDITIONS UNDER WHICH A PROXY ONLY MAY BE USED; TO AMEND SECTION 38-19-60, RELATING TO THE CONDUCT OF BUSINESS AT AN ANNUAL MEETING OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE PROVISIONS GOVERNING THE UTILIZATION OF A PROXY; TO AMEND SECTION 38-19-610, RELATING TO THE BORROWING OF MONEY BY A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE MAXIMUM PERCENTAGE RATE OF EIGHT PERCENT A YEAR AT WHICH THE MONEY MAY BE BORROWED; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM THE INSURER'S ESTATE, SO AS TO DELETE THE PROVISIONS IN CLASS 7 WHICH AUTHORIZE PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES LIMITED IN ACCORDANCE WITH LAW AND CREATE A NEW CLASS 8 AUTHORIZING PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES; AND TO REPEAL SECTIONS 38-19-210 THROUGH 38-19-260 RELATING TO OPERATIONS GENERALLY OF DOMESTIC MUTUAL INSURERS, AND SECTIONS 38-19-810, 38-19-820, 38-19-830, 38-19-840, 38-19-850, 38-19-860, 38-19-870, 38-19-880, 38-19-890 RELATING TO CONVERSION OF REINSURANCE, LIQUIDATION, AND MERGER OF A DOMESTIC MUTUAL INSURER.

Rep. J. BRADLEY explained the Bill.

H. 3390 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-79-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALING ACTIONS OF THE JOINT UNDERWRITING ASSOCIATION, SO AS TO FURTHER PROVIDE FOR WHO MAY APPEAL TO THE INSURANCE COMMISSION AND CHANGE THE TIME WHEN THE APPEAL MAY BEGIN.

H. 3417 -- Reps. J. Bradley, G. Bailey, J.W. McLeod, Kohn, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-35 SO AS TO PROVIDE THAT WHERE AN INSURANCE COMPANY, AS A RESULT OF AN AUTOMOBILE ACCIDENT, REQUIRES A RELEASE FROM AN INJURED PARTY FOR PROPERTY DAMAGES AND RELATED EXPENSES, THE RELEASE MUST BE LIMITED TO PROPERTY DAMAGE ITEMS ONLY AND MAY NOT BE A FULL RELEASE AS TO ALL CLAIMS OF THE INJURED PARTY AGAINST THE INSURED COVERED BY THE INSURANCE COMPANY.

Rep. J. BRADLEY explained the Bill.

S. 549 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.

H. 3582--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 3582 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3363 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TO ETHANOL BLENDS QUALIFYING FOR REDUCED MOTOR FUELS TAX DURING THE INCENTIVE PERIOD.

H. 3511 -- Medical, Military, Public and Municipal: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO EXPLOSIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 845, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3365 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO REPEAL SECTION 61-13-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF UNSTAMPED ALCOHOLIC LIQUORS AS CONTRABAND.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 688 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-420 SO AS TO PRESCRIBE THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO THE SPECIFICATIONS FOR, RECEIPT OF, PRINTING, AND DISTRIBUTION OF ANNUAL REPORTS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS, AND TO PROHIBIT THE PRINTING OF THE REPORTS IN MULTICOLOR FORMAT.

S. 279--DEBATE ADJOURNED

Rep. CLYBORNE moved to adjourn debate upon the following Bill until Tuesday, January 26, which was adopted.

S. 279 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD SHALL FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.

H. 3307--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3307 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-43-107, 38-45-35, 38-47-15, AND 38-49-25 SO AS TO REQUIRE AN INDIVIDUAL APPLYING FOR AN INSURANCE AGENT'S, BROKER'S, ADJUSTER'S, OR DAMAGE APPRAISER'S LICENSE FROM THE DEPARTMENT OF INSURANCE TO FURNISH THE DEPARTMENT HIS BUSINESS AND RESIDENCE ADDRESS AND TO REQUIRE NOTIFICATION TO THE DEPARTMENT WITHIN TEN DAYS OF ANY CHANCE IN ADDRESS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0544J), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Article 1, Chapter 43 of Title 38 of the 1976 Code is amended by adding:

"Section 38-43-107. When an individual applies for an insurance agent's license he shall supply the Department his business and residence address. The agent shall notify the Department within thirty days of any change in these addresses."

SECTION 2. Chapter 45 of Title 38 of the 1976 Code is amended by adding:

"Section 38-45-35. When an individual applies for an insurance broker's license he shall supply the Department his business and residence address. The broker shall notify the Department within thirty days of any change in these addresses."

SECTION 3. Chapter 47 of Title 38 of the 1976 Code is amended by adding:

"Section 38-47-15. When an individual applies for an adjuster's license he shall supply the Department his business and residence address. The adjuster shall notify the Department within thirty days of any change in these addresses."

SECTION 4. Chapter 49 of Title 38 of the 1976 Code is amended by adding:

"Section 38-49-25. When an individual applies for a motor vehicle physical damage appraiser's license he shall supply the Department his business and residence address. The appraiser shall notify the Department within thirty days of any change in these addresses."

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

Rep. J. BRADLEY explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3330--POINT OF ORDER

The following Bill was taken up.

H. 3330 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INSURANCE LAW; TO AMEND SECTION 38-25-320, RELATING TO THE FINE FOR CONDUCTING UNAUTHORIZED INSURANCE BUSINESS IN THIS STATE, SO AS TO INCREASE THE MAXIMUM FINE FROM TEN TO FIFTY THOUSAND DOLLARS; TO AMEND SECTION 38-5-120, RELATING TO ACTS WHICH RESULT IN THE REVOCATION OR SUSPENSION OF AN INSURER'S CERTIFICATE OF AUTHORITY, SO AS TO INCLUDE FAILURE TO COMPLY WITH A LAWFUL ORDER OF THE COMMISSION; TO AMEND SECTION 38-43-130, RELATING TO THE COMMISSIONER'S AUTHORITY TO REVOKE OR SUSPEND AGENTS' LICENSES, SO AS TO DELETE WILFULNESS AS AN ELEMENT OF A VIOLATION, TO INCREASE FROM ONE TO TWO YEARS THE MAXIMUM PERIOD OF A LICENSE SUSPENSION, AND TO REFERENCE THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; TO AMEND SECTIONS 38-5-130, 38-7-80, 38-13-90, 38-13-150, 38-17-170, 38-25-330, 38-27-420, 38-29-100, 38-31-80, 38-37-930, 38-39-20, 38-39-40, 38-43-130, 38-43-160, 38-43-190, 38-45-140, 38-45-150, 38-47-60, 38-47-70, 38-53-150, 38-53-340, 38-55-40, 38-55-60, 38-55-80, 38-55-340, 38-57-200, 38-59-30, 38-59-50, 38-63-10, 38-63-20, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-71-90, 38-71-220, AND 38-73-80, ALL RELATING TO THE INSURANCE LAW AND CONTAINING SEPARATE PENALTY PROVISIONS, SO AS TO DELETE THE EXISTING PENALTY PROVISIONS AND ADD REFERENCES TO THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; AND TO REPEAL SECTIONS 38-25-340, 38-25-350, 38-37-950, 38-37-960, 38-43-140, 38-43-150, 38-61-60, AND 38-73-100 RELATING TO THE INSURANCE LAW.
Rep. J. BRADLEY explained the Bill.

POINT OF ORDER

Rep. McLELLAN 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 day.

The SPEAKER sustained the Point of Order.

H. 3332--POINT OF ORDER

The following Bill was taken up.

H. 3332 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND SECTION 38-57-190, RELATING TO TYPES OF INSURANCE EXEMPT FROM RESTRICTIONS ON PREFERENCES, SO AS TO REVISE THE EXEMPT CATEGORIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 RELATING TO ACCIDENT AND HEALTH INSURANCE.

Rep. J. BRADLEY explained the Bill.

POINT OF ORDER

Rep. KLAPMAN 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 day.

The SPEAKER sustained the Point of Order.

H. 3336--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME,ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0549J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. Article 3, Chapter 77, Title 38 of the 1976 Code is amended by adding:

"Section 38-77-125. Every automobile insurance policy or other policy containing automobile insurance coverage on the face of the policy must state the complete name of the company issuing the policy, its address, and telephone number and the name, address, and telephone number of its resident insurance adjustor required by the provisions of Section 38-47-80."/

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

Rep. J. BRADLEY explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3394--POINT OF ORDER

The following Bill was taken up.

H. 3394 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.

Rep. J. BRADLEY explained the Bill.

POINT OF ORDER

Rep. MAPPUS 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 day.

The SPEAKER sustained the Point of Order.

H. 3409--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3409 -- Rep. Beasley: A BILL TO AMEND SECTION 37-4-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "CONSUMER CREDIT INSURANCE", SO AS TO EXCLUDE FROM THE DEFINITION INSURANCE PROVIDED IN RELATION TO A CREDIT TRANSACTION IN WHICH A PAYMENT IS SCHEDULED MORE THAN FIFTEEN YEARS AFTER THE EXTENSION OF CREDIT AND THE DEBT IS SECURED BY REAL ESTATE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0835J), which was adopted.

Amend the bill, as and if amended, in Section 37-4-103(a), as contained in SECTION 1, page 1, line 4, by inserting after /credit/ /or insurance on which a payment is scheduled more than fifteen years after the extension of credit if the debt is secured by real estate/; in Section 37-4-103(c), page 1, line 4, by striking /or and inserting /or/; in Section 37-4-103(d), page 1, line 3, by striking /.; or/ and inserting /./; and in Section 37-4-103, by deleting item (d), pages 1 and 2, which reads:

/(d) insurance provided in relation to a credit transaction in which a payment is scheduled more than fifteen years after the extension of credit and the debt is secured by real estate./ so that when amended Section 37-4-103 shall read:

/Section 37-4-103. In this title 'consumer credit insurance' means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include:

(a) Insurance insurance provided in relation to a credit transaction in which a payment is scheduled more than ten years after the extension of credit or insurance on which a payment is scheduled more than fifteen years after the extension of credit if the debt is secured by real estate;

(b) Insurance insurance issued as an isolated transaction on the part of the insurer not related to an agreement or plan for insuring debtors of the creditor; or

(c) Insurance insurance indemnifying the creditor against loss due to the debtor's default./

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 542--POINT OF ORDER

The following Bill was taken up.

S. 542 -- Senator Williams: A BILL TO AMEND SECTION 8-11-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SICK AND ANNUAL LEAVE IN CONJUNCTION WITH WORKERS' COMPENSATION, SO AS TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE AN EMPLOYEE ELECTS ANY LEAVE OPTION.

Rep. L. MARTIN explained the Bill.

POINT OF ORDER

Rep. RUDNICK 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 day.

The SPEAKER sustained the Point of Order.

S. 547--POINT OF ORDER

The following Bill wa.q taken up.

S. 547 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE MANNER IN WHICH THE EMPLOYER OR THE INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT ANY EMPLOYER OPERATING IN VIOLATION OF SECTION 42-1-310 IS NOT ELIGIBLE FOR REIMBURSEMENT FROM THE SECOND INJURY FUND.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6263k).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Section 42-9-400 of the 1976 Code is amended by adding:

"(k) Any employer operating in violation of Section 42-5-20 is not eligible for reimbursement from the South Carolina Second Injury Fund."

SECTION 2. This act takes effect upon approval by the Governor.

Rep. L. MARTIN explained the amendment.

POINT OF ORDER

Rep. KLAPMAN 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 day.

The SPEAKER sustained the Point of Order.

S. 548--POINT OF ORDER

The following Bill was taken up.

S. 548 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE PROVISION THAT TRUSTEES MAY ADMINISTER LUMP-SUM SETTLEMENTS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE LUMP-SUM STATUTE AND REPLACE IT WITH THE CORRECT REFERENCE.

POINT OF ORDER

Rep. KLAPMAN 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 day.

The SPEAKER sustained the Point of Order.

H. 2541--POINT OF ORDER

The following Bill was taken up.

H. 2541 -- Reps. J.C. Johnson, McAbee, Townsend, Tucker, Kay, Carnell, Toal and Cooper: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTED OBJECTS CONSTITUTING LARCENY, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS SECTION INVOLVING VIDEO OR CASSETTE TAPES WHERE THE DOLLAR AMOUNT OF THE RENTAL CONTRACT IS TWO HUNDRED DOLLARS OR LESS IS CONSIDERED PETIT LARCENY AND TRIABLE AND PUNISHABLE AS SUCH.

POINT OF ORDER

Rep. KLAPMAN 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 day.

The SPEAKER sustained the Point of Order.

H. 2882--POINT OF ORDER

The following Bill was taken up.

H. 2882 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-9-240 AND 50-9-250, BOTH AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF STATUTES REGULATING HUNTING, SO AS TO ADD SECTION 50-9-135 TO THE STATUTES TO WHICH THE PENALTIES APPLY AND TO PROVIDE THAT JURISDICTION OF VIOLATIONS OF SOME OF THE STATUTES APPLICABLE TO RESIDENT HUNTERS IS IN MAGISTRATES' COURTS ONLY, AND TO AMEND SECTION 50-17-1650, AS AMENDED, RELATING TO TRAWL NETS IN WATERS ADJACENT TO GAME ZONE NOS. 7 AND 9, SO AS TO CHANGE THE PENALTY PROVISIONS TO PROVIDE THAT VIOLATIONS MUST BE TRIED IN MAGISTRATES OR MUNICIPAL COURTS.

POINT OF ORDER

Rep. FOXWORTH 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 day.

The SPEAKER sustained the Point of Order.

Further proceedings were interrupted by expiration of time on the uncontested calendar.

RECURRENCE TO THE MORNING HOUR

Rep. BLACKWELL moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3602 -- Reps. Keyserling, T. Rogers, J. Harris, J.H. Burriss and Shelton: A BILL TO AMEND TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING CHAPTER 6 SO AS TO CREATE THE ART IN STATE BUILDINGS PROGRAM WHICH PROVIDES FOR THE ACQUISITION OF WORKS OF ART FOR THE NEWLY CONSTRUCTED OR RENOVATED STATE-OWNED OR LEASED FACILITIES, TO PROVIDE FOR THE EXPENDITURE OF ONE-HALF OF ONE PERCENT OF THE AMOUNT APPROPRIATED FOR ANY STATE PUBLIC CONSTRUCTION OR RENOVATION PROJECT, WITH EXCEPTIONS, TO ALLOCATE FUNDS FOR THE PROGRAM, TO ESTABLISH A PROCEDURE FOR CHOOSING THE WORKS OF ART, PROVIDE FOR EXPENDITURES IN THE PROGRAM, AND ESTABLISH ARTISTS' RIGHTS IN CONNECTION WITH THE PROGRAM.

Referred to Committee on Ways and Means.

H. 3603 -- Reps. Clyborne, G. Brown, Sharpe, R. Brown, Baker, Blackwell, Cooper, Nesbitt, Gordon, Mattos, Petty, McCain, M.O. Alexander, T.C. Alexander, Kirsh, Sturkie, Holt, Jones, J. W. Johnson, Rice, Shelton, Foster, Fair, Pearce, Whipper, Mappus, Kay, K. Bailey, Barfield, Chamblee, Bennett, T.M. Burriss, T. Rogers, Foxworth, Townsend, Cork, Huff, Faber, Rudnick, Thrailkill and McBride: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS ON LOCAL GOVERNMENT, BY ADDING SECTION 6-1-35 SO AS TO PROVIDE THAT ANY TIME THE GENERAL ASSEMBLY MANDATES A PROGRAM TO A LOCAL GOVERNMENTAL UNIT, IT SHALL ALSO DESIGNATE WHERE THE NECESSARY FUNDS WILL COME FROM TO CARRY OUT THE PROGRAM.

Referred to Committee on Ways and Means.

H. 2914--POINT OF ORDER

The following Bill was taken up.

H. 2914 -- Ethics Committee: A BILL TO AMEND ARTICLE 9 OF CHAPTER 13 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTIONS 8-13-760 THROUGH 8-13-790 SO AS TO REGULATE USE OF PUBLIC PERSONNEL AND MATERIALS IN ELECTION CAMPAIGNS.

POINT OF ORDER

Rep. THRAILKILL 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 day.

The SPEAKER sustained the Point of Order.

H. 3296--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3296 -- Rep. Clyborne: A BILL TO AMEND SECTION 18-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL FROM A JUDGMENT IN A MAGISTRATE'S OR MUNICIPAL COURT, SO AS TO CHANGE FROM TEN TO THIRTY DAYS THE TIME AN APPELLANT HAS TO FILE HIS NOTICE OF APPEAL.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1076J), which was adopted.

Amend the bill, as and if amended, in Section 18-7-20 of the 1976 Code, as contained in SECTION 1, line 13, by inserting after /personal /legal service of the/ so that when amended Section 18-7-20 shall read:

/Section 18-7-20. The appellant shall, within ten thirty days after written notice of judgment has been given him or his attorney by the magistrate, recorder, or judge of the municipal court, (except when the judgment is announced at the trial in the presence of the appellant or his attorney in which event no written notice shall be is necessary), serve a notice of appeal, stating the grounds upon which the appeal is founded. If the judgment is rendered upon process not personally served and the defendant did not appear, he shall have has ten thirty days after personal legal service of the notice of the judgment to serve the notice of appeal provided for in this section./

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.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3322 -- Reps. Edwards, D. Martin, White and Clyborne: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL OFFICE VACANCIES, SO AS TO PROVIDE FOR ELECTIONS TO BE HELD ON THE SAME DATE IF THEY ARE REQUIRED WITHIN A TWENTY-EIGHT-DAY PERIOD IN THE SAME COUNTY.

H. 3429 -- Reps. Wilkins, Gregory, Haskins and Wilder: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A MUNICIPAL GOVERNING BODY TO ESTABLISH BY ORDINANCE TIME REQUIREMENTS FOR NOMINATIONS, PRIMARIES, AND CONVENTIONS AND THE PERCENTAGE REQUIRED FOR NOMINATING PETITIONS, SO AS TO REQUIRE ALL NOMINATING PETITIONS TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH HE OFFERS AS A CANDIDATE INSTEAD OF AUTHORIZING THE GOVERNING BODY TO DETERMINE THE PERCENTAGE OF THE PETITION, WITHIN CERTAIN LIMITS, WHICH MUST BE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND TO AMEND SECTION 5-15-110, RELATING TO THE REQUIREMENT THAT A NOMINATING PETITION BE FILED WITH THE MUNICIPAL ELECTION COMMISSION IN MUNICIPAL, SPECIAL, OR PARTISAN GENERAL ELECTIONS, SO AS TO REQUIRE THE PETITION TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH THE CANDIDATE OFFERS INSTEAD OF THE MUNICIPALITY.

S. 731 -- Senators Martschink, Shealy, Stilwell and Russell: A BILL TO PROVIDE A PROCEDURE FOR AN OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION AND FOR AN ELECTION TO BE HELD TO FILL HIS OFFICE WHENEVER THE OFFICEHOLDER IS ELECTED TO ANOTHER OFFICE.

Rep. WILKINS explained the Bill.

H. 3568 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AGENTS AND AGENCY LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3569 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO VARIABLE CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 890, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3338--POINT OF ORDER

The following Bill was taken up.

H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.

POINT OF ORDER

Rep. TUCKER 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 day.

The SPEAKER sustained the Point of Order.

H. 3378--POINT OF ORDER

The following Bill was taken up.

H. 3378 -- Reps. Keyserling and M.D. Burriss: A BILL TO AMEND SECTION 48-47-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEVELOPMENT AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES FOR PURPOSES OF THE SOUTHEASTERN RADIOACTIVE WASTE COMPACT, SO AS TO PROVIDE THAT NO HOST STATE IS REQUIRED TO OPERATE A REGIONAL DISPOSAL FACILITY FOR LONGER THAN TWENTY YEARS OR TO DISPOSE OF MORE THAN THIRTY-TWO MILLION CUBIC FEET OF LOW-LEVEL RADIOACTIVE WASTE, WHICHEVER OCCURS FIRST; TO AMEND SECTION 48-47-280, RELATING TO THE REQUIREMENTS FOR WITHDRAWING FROM THE COMPACT, SO AS TO QUALIFY THE RIGHT OF WITHDRAWAL AND FURTHER PROVIDE FOR THE PROCEDURAL REQUIREMENTS FOR WITHDRAWAL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-47-285 SO AS TO ALLOW WITHDRAWAL BY A STATE MORE THAN THIRTY DAYS AFTER THE COMMENCEMENT OF THE SECOND HOST STATE'S DISPOSAL FACILITY ONLY WITH THE UNANIMOUS APPROVAL OF THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION AND THE CONSENT OF CONGRESS AND TO PROVIDE THAT THE BARNWELL COUNTY DISPOSAL FACILITY IS CONSIDERED THE FIRST HOST STATE DISPOSAL FACILITY.

Rep. KEYSERLING explained the Bill.

POINT OF ORDER

Rep. KLAPMAN 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 day.

The SPEAKER sustained the Point of Order.

H. 3381--POINT OF ORDER

The following Bill was taken up.

H. 3381 -- Reps. Wilkins, Corning, Huff, Clyborne, Gentry and Toal: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMUNITY FROM CIVIL LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE AND VOLUNTARY MEDICAL SERVICES AT HOSPITALS AND CERTAIN OTHER LOCATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE SERVICES BE PROVIDED AT HOSPITALS OR OTHER SPECIFIED LOCATIONS IN ORDER FOR THE HEALTH CARE PROVIDER TO BE SO IMMUNE FROM CIVIL LIABILITY.

POINT OF ORDER

Rep. BAXLEY 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 day.

The SPEAKER sustained the Point of Order.

H. 3393--POINT OF ORDER

The following Bill was taken up.

H. 3393 -- Reps. Wilkins, Hayes, J.W. Johnson and Fair: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TESTS TO DETERMINE THE ALCOHOLIC OR DRUG CONTENT OF BLOOD, SO AS TO DEFINE PERSONS WHO ARE PERMITTED TO TAKE BLOOD AND URINE SAMPLES INSTEAD OF ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF THEM IN THE SYSTEMS OF PERSONS ARRESTED FOR DUI.

POINT OF ORDER

Rep. WILKINS 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 day.

The SPEAKER sustained the Point of Order.

H. 3399--POINT OF ORDER

The following Bill was taken up.

H. 3399 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.

POINT OF ORDER

Rep. WILKINS 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 day.

The SPEAKER sustained the Point of Order.

H. 3418--POINT OF ORDER

The following Bill was taken up.

H. 3418 -- Reps. Edwards, D. Martin, White and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-125 SO AS TO PROVIDE FOR A RUNOFF ELECTION TO BREAK TIES IN MUNICIPAL ELECTIONS AND TO POSTPONE SUBSEQUENT MUNICIPAL ELECTIONS IF THERE IS A TIE-BREAKER RUNOFF ELECTION; TO ADD ARTICLE 19 IN CHAPTER 13 OF TITLE 7, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO PROVIDE FOR TIE-BREAKING GENERAL, SPECIAL, AND PRIMARY ELECTIONS; TO AMEND SECTIONS 7-13-50 AND 7-13-1170, RELATING RESPECTIVELY TO RUNOFF PRIMARY ELECTIONS AND CASES WHERE THE GOVERNOR ORDERS NEW ELECTIONS, SO AS TO DELETE PROVISIONS RELATING TO TIE ELECTIONS.

POINT OF ORDER

Rep. THRAILKILL 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 day.

The SPEAKER sustained the Point of Order.

H. 3420--POINT OF ORDER

The following Bill was taken up.

H. 3420 -- Reps. Rudnick, J.C. Johnson, Moss, Snow, Keyserling, J. Bradley, Kirsh, T. Rogers, J. Brown, White and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-15 SO AS TO PROVIDE FOR NOTICE OF A CHANGE IN A POLLING PLACE.

POINT OF ORDER

Rep. THRAILKILL 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 day.

The SPEAKER sustained the Point of Order.

H. 3573--POINT OF ORDER

The following Bill was taken up.

H. 3573 -- Labor, Commerce and Industry Committee: A BILL TO ENACT THE LONG TERM CARE INSURANCE ACT.

POINT OF ORDER

Rep. KLAPMAN 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 day.

The SPEAKER sustained the Point of Order.

OBJECTION TO RECALL

Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Labor, Commerce and Industry.

Rep. TAYLOR objected.

MOTION RULED OUT OF ORDER

Rep. T.M. BURRISS requested unanimous consent to take up a Bill on which debate had been adjourned until January 27, 1988.

The SPEAKER stated that the request was out of order as it would, by unanimous consent, change the order of the day and set the Bill for Special Order on violation of the Rules of the House.

H. 2978--RECONSIDERED

Rep. HEARN, with unanimous consent, moved to reconsider the vote whereby debate was adjourned on the following Bill until Wednesday, January 27, which was agreed to.

H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

STATEMENT BY REP. WILKINS

Rep. WILKINS, with unanimous consent, made a statement relative to Judge Rodney Peeples' candidacy to the Supreme Court.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS continued speaking.

STATEMENT BY REP. SHEHEEN

Rep. SHEHEEN, with unanimous consent, made a statement.

Rep. McEACHIN moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3600 -- Reps. Hayes, Foster, Kirsh, Nesbitt and Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JAMES LADD FOWLER OF ROCK HILL, UPON HIS DEATH.

H. 3591 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. THOMAS J. LESLIE OF BENNETTSVILLE, UPON HIS DEATH.

H. 3590 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING LEE COUNTY MAGISTRATE WAYNE BROWN FOR OUTSTANDING PUBLIC SERVICE OVER MANY YEARS, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS RETIREMENT.

H. 3565 -- Rep. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE THE BARNWELL HIGH SCHOOL FOOTBALL TEAM AND ITS COACH, MAC WIER, ON CAPTURING THE 1987 CLASS AA STATE CHAMPIONSHIP.

H. 3586 -- Reps. Snow, T.M. Burriss, Simpson, M.O. Alexander, T.C. Alexander, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, P. Bradley, J.H. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Mattos, Pearce, Rhoad, T. Rogers, Stoddard, Taylor, Thrailkill, Townsend and Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY SOCCER TEAM ON WINNING THE NCAA NATIONAL CHAMPIONSHIP ON DECEMBER 6, 1987.

H. 3563 -- Reps. Klapman, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Kohn, Koon, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. WILLIAM J. BUCHANAN OF WEST COLUMBIA, UPON HIS DEATH.

H. 3601 -- Reps. Waldrop and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF NEWBERRY COUNTY CORONER, R. COLEMAN BISHOP, UPON HIS DEATH.

H. 3589 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE CONDOLENCE OF THE GENERAL ASSEMBLY, ON BEHALF OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA, TO THE PEOPLE OF THE REPUBLIC OF CHINA (TAIWAN) CONCERNING THE DEATH OF TAIWANESE LEADER CHIANG CHING-KUO.

ADJOURNMENT

At 11:25 A.M. the House in accordance with the motion of Rep. McEACHIN adjourned to meet at 10:00 A.M. tomorrow.

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