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

THURSDAY, FEBRUARY 4, 1988

Thursday, February 4, 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, mighty and merciful, in these moments of prayer give us insight and inspiration which You alone can give. Plant our feet on higher ground that we might find deliverance from thoughts that would weaken us, from desires that would worry us, and from a selfishness that closes the door to the needs of others. Make us men and women of so much faith that we would face this day with courage, live this day in confidence, and ever mindful of the needs of others. Give us the assurance spoken of by Isaiah, the Old Testament prophet, who wrote: "The people who walked in darkness have seen a great light".

In the Name of the Lord Jesus we pray. 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.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

COMMITTEE OFFICERS

The following was received.

HOUSE LEGISLATIVE ETHICS COMMITTEE

February 3, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives
Post Office Box 11867
Columbia, S.C. 29211

Dear Mrs. Shealy:

This is to advise you that the following new officers were elected at a meeting of the Ethics Committee on February 3, 1988:

Vice Chairman - Larry Blanding
Secretary - Donna A. Moss

Sincerely,
Patrick B. Harris, Chairman
Ethics Committee

Received as information.

SPECIAL PRESENTATION

Rep. PETTIGREW, with unanimous consent, presented Miss South Carolina U.S.A., Miss April Able of Johnston.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., February 3, 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. 651:
S. 651 -- Senators Thomas E. Smith, Jr., Peeler Bryan and Hayes: A BILL TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 44-53-110.
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., February 3, 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. 279:
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.
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., February 3, 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. 131:
S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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., February 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has unanimously sustained the veto by the Governor on R. 299, S. 260.
(R299) S. 260 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.
Very respectfully,
President

No. 2

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

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.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

CONCURRENT RESOLUTION

The following was introduced:

H. 3698 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE HAMILTON "HAMP" BENENHALEY OF BISHOPVILLE IN LEE COUNTY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1160 -- Senators Shealy, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SOUTH CAROLINA ARMY NATIONAL GUARD FOR ONCE AGAIN LEADING THE NATION'S ARMY GUARD UNITS IN OVERALL PERFORMANCE IN FISCAL YEAR 1987.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1161 -- Senators Powell, Wilson, Setzler, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MRS. ELSIE PORTH SHEALY OF LEXINGTON UPON BEING NAMED THE 1988 SOUTH CAROLINA MOTHER OF THE YEAR BY THE SOUTH CAROLINA MOTHERS' COMMITTEE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

HOUSE RESOLUTION

The following was introduced:

H. 3699 -- Reps. Edwards, Petty, Ferguson, Wells, Davenport, Cole, McGinnis and Lanford: A HOUSE RESOLUTION COMMENDING SPARTANBURG COUNTY SHERIFF LARRY SMITH FOR HIS MANY YEARS OF EXCELLENT SERVICE TO THE COMMUNITY AND FOR THE SPECIAL INTEREST SHOWN BY HIM IN THE YOUTH OF SPARTANBURG COUNTY.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3700 -- Reps. J. Harris and Burch: A BILL TO AUTHORIZE THE DISTRICT BOARD OF EDUCATION OF CHESTERFIELD COUNTY SCHOOL DISTRICT TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THEIR PROCEEDS MAY BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

Without reference.

H. 3701 -- Reps. Winstead and Edwards: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP WHICH SHALL PROVIDE EQUITY FINANCING TO NEW BUSINESSES OPERATING IN SOUTH CAROLINA OR WHICH PROPOSE TO OPERATE IN SOUTH CAROLINA, THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP BEING PRIVATE, FOR-PROFIT ENTITIES CAPITALIZED BY INVESTORS FROM THE PRIVATE SECTOR WHICH WILL INVEST PREDOMINANTLY IN START-UP BUSINESSES.

Referred to Committee on Ways and Means.

H. 3702 -- Reps. Hearn, M.D. Burriss, Wells, Rudnick and Toal: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO PROVIDE REMEDIES FOR CONSUMERS OF NEW MOTOR VEHICLES THAT DO NOT CONFORM TO EXPRESS WARRANTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3703 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-13-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTES AND BONDS ISSUED BY THE STATE HOUSING AUTHORITY, SO AS TO MODIFY THE REQUIREMENTS FOR THE ISSUANCE OF NOTES AND BONDS TO OBTAIN FUNDS TO MAKE PERMANENT MORTGAGE LOANS.

Referred to Committee on Ways and Means.

H. 3704 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE HOUSING AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PROVIDE HOUSING ASSISTANCE TO ANY PERSON WHO, WITHOUT REGARD TO HIS INCOME, IS OVER FIFTY-FIVE YEARS OF AGE OR INCAPABLE OF FULLY CARING FOR HIMSELF AND TO CHANGE THE REFERENCE TO THE STATE HOUSING AUTHORITY TO THE HOUSING DEVELOPMENT AND FINANCE AUTHORITY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES IN THE 1976 CODE TO THE STATE HOUSING AUTHORITY TO THE HOUSING DEVELOPMENT AND FINANCE AUTHORITY.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 505 -- Senators Lee, Peeler and Thomas: A BILL TO AMEND SECTION 12-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO ANY SUBSEQUENT GRANTEE OF THE PROPERTY OWNER.

Referred to Committee on Ways and Means.

S. 506 -- Senator Waddell: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OF MAGAZINES AND PERIODICALS USED IN EDUCATIONAL INSTITUTIONS AND TO EXTEND THE EXISTING EXEMPTION ON AUTOMOBILES AND MOTORBIKES SOLD TO NONRESIDENTS STATIONED IN THIS STATE IN THE ARMED FORCES TO PURCHASES BY THEM OF MOTOR VEHICLES AND MOTORCYCLES.

Referred to Committee on Ways and Means.

S. 897 -- Senator Mitchell: A BILL TO AMEND SECTION 24-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF CORRECTIONS, SO AS TO ADD A MEMBER TO BE APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 982 -- Senator Powell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL REAL PROPERTY OF PUBLIC LIBRARIES, CHURCHES, PARSONAGES, BURYING GROUNDS, AND CHARITABLE TRUSTS AND FOUNDATIONS USED EXCLUSIVELY FOR CHARITABLE AND PUBLIC PURPOSES NOT OTHERWISE EXEMPT IF NO PROFIT OR BENEFIT FROM ANY OPERATION ON THE REAL PROPERTY INURES TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.

Referred to Committee on Ways and Means.

S. 1000 -- Senator Peeler: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOGS AND RABBIT DOGS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.

Referred to Committee on Agriculture and Natural Resources.

S. 1107 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-396 SO AS TO PROVIDE THAT THE OFFICIAL SUMMONS USED BY CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY BE USED TO CITE OFFENDERS FOR VIOLATIONS OF SECTION 16-11-700 RELATING TO LITTERING.

Referred to Committee on Judiciary.

S. 1109 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST IMPORTING, POSSESSING, SELLING, OR RELEASING INTO STATE WATERS UNDESIRABLE SPECIES OF FISH SO AS TO CORRECT SPELLING AND GRAMMATICAL ERRORS.

Referred to Committee on Agriculture and Natural Resources.

S. 1116 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-260 SO AS TO AUTHORIZE THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES AND FEDERAL JURISDICTIONS FOR PURPOSES OF COASTAL FISHERIES MANAGEMENT.

Referred to Committee on Agriculture and Natural Resources.

S. 1117 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-146 SO AS TO PROHIBIT THE DISCHARGE OF FIREARMS AT A PUBLIC BOAT LANDING OR RAMP AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

S. 1136 -- Senators Drummond and Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 TO ARTICLE 3, CHAPTER 21, TITLE 24, SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.

Referred to Committee on Judiciary.

H. 3705 -- Reps. Limehouse and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-185 SO AS TO PROHIBIT EXCLUSION OR LIMITATION OF MULTIPERIL HOMEOWNER COVERAGE FOR DAMAGES CAUSED BY A SPECIFIC GENUS OF THE CANINE SPECIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3706 -- Reps. J. Rogers and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-29-67, SO AS TO PROVIDE FOR PAYMENTS IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS VALUED AT ONE HUNDRED MILLION DOLLARS OR MORE FINANCED BY INDUSTRIAL REVENUE BONDS, TO PROVIDE FOR DISTRIBUTION OF THE PAYMENTS, AND TO PROVIDE THAT PROJECTS MAKING PAYMENTS IN LIEU OF TAXES ARE CONSIDERED EXEMPT PROPERTY FOR PURPOSES OF DETERMINING BONDED INDEBTEDNESS LIMITS AND THE INDEX OF TAXPAYING ABILITY.

Referred to Committee on Ways and Means.

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.
Brown, R.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gentry                 Gordon                 Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Humphries
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Kirsh                  Klapman
Lanford                Limehouse              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
Simpson                Snow                   Stoddard
Sturkie                Thrailkill             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 February 4, 1988.

Jack Gregory                      William Jones
Dell Baker                        Thomas E. Huff
D.L. Aydlette                     Robert A. Kohn
Paul Short                        E. Crosby Lewis
Dick Elliott                      Luther Taylor
John H. Burriss                   Larry Koon
Total Present--118

STATEMENTS OF ATTENDANCE

Rep. M.D. BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 14, 1988.

Rep. FOSTER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 26, 1988.

Reps. HARVIN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, January 28, 1988.

Reps. HUFF and CHAMBLEE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 3, 1988.

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. J.W. JOHNSON a leave of absence for the remainder of the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Jack L. Ratliff of Aiken is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3638 -- Rep. McAbee: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN MCCORMICK COUNTY.

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.

ORDERED TO THIRD READING

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

H. 3662 -- Rep. Baker: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CREATE A NEW PRECINCT TO BE NAMED POSSUM KINGDOM, TO DESIGNATE A VOTING PLACE IN THAT PRECINCT, AND TO CHANGE THE BOUNDARY OF DUNKLIN PRECINCT.

S. 1047 -- Senator Long: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN HORRY COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF HORRY COUNTY.

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.

Rep. FOXWORTH explained the Bill.

H. 3662--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3662 be read the third time tomorrow.

S. 1047--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1047 be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

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

S. 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.

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.

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. 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.

H. 3512--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 3512 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40, 56-1-50, 56-1-180, 56-1-440, 56-1-720, 56-1-1030, 56-1-1090, 56-1-1100, 56-5-750, 56-5-1520, AS AMENDED, 56-5-2940, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, 56-5-6430, 56-9-340, 56-10-240, 56-10-250, 56-10-260, 56-10-270, AND 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE OPERATION OF MOTOR VEHICLES, SO AS TO INCREASE THE AGE OF PERSONS WHO MAY OBTAIN RESTRICTED DRIVERS' LICENSES FROM BETWEEN FIFTEEN AND SIXTEEN YEARS OLD TO BETWEEN SIXTEEN AND SEVENTEEN YEARS OLD AND TO ALLOW THEM TO OPERATE WITHOUT ACCOMPANIMENT OF ADULT LICENSEES WHEN GOING TO OR FROM THEIR PLACES OF BUSINESS, TO ALLOW RENEWAL OF BEGINNERS' LICENSES TO PERSONS WHO HAVE SPECIAL RESTRICTED LICENSES AND REGULAR LICENSES FOR PERSONS BELOW THE AGE OF QUALIFICATION OF THE LICENSES, TO PROVIDE A PROCEDURE FOR THE REVOCATION OR SUSPENSION OF THE DRIVERS' LICENSES OF HABITUAL OFFENDERS, TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DETERMINE WHEN A PERSON IS AN HABITUAL OFFENDER AND TO REQUIRE THE DEPARTMENT TO NOTIFY THE SOLICITOR OR ATTORNEY GENERAL OF THAT FACT IF CRIMINAL CHARGES ARE INVOLVED, TO PROVIDE FOR THE ASSESSMENT OF FIVE POINTS AGAINST A PERSON CONVICTED OF DRIVING AT A RATE IN EXCESS OF SEVENTY MILES AN HOUR, TO INCREASE PENALTIES FOR EXCEEDING THE SPEED LIMITS FOR VIOLATION OF DRIVERS' LICENSING STATUTES AND FOR D.U.I. CONVICTIONS, TO PROVIDE THAT FIVE DOLLARS OF A FINE FOR SPEEDING MUST BE PAID TO THE DEPARTMENT TO BE USED TO EMPLOY ADDITIONAL PATROLMEN, TO PROHIBIT THE SUSPENSION OF A FINE FOR FIRST OFFENSE D.U.I. AND THE SUSPENSION OF A MONETARY FINE BELOW THAT OF THE NEXT PRECEDING MINIMUM MONETARY FINE, TO REGULATE THE MANNER IN WHICH TRUCKS AND OTHER VEHICLES MAY BE LOADED AND TO REQUIRE THEM TO ASSURE THAT THE LOAD DOES NOT ESCAPE FROM THE VEHICLE, TO REQUIRE THE USE OF ILLUMINATING DEVICES ON VEHICLES OPERATING WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS SEVERELY REDUCE VISIBILITY AND TO PROVIDE PENALTIES, TO ADOPT SAFETY STANDARD NO. 205 (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO APPLY ITS PROVISIONS TO INDIVIDUALS, TO PROVIDE THAT IN MITIGATING CIRCUMSTANCES A MOTOR VEHICLE OPERATOR MAY REFUSE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, BUT A PERSON UNLAWFULLY REFUSING TO STOP FOR A LAW ENFORCEMENT OFFICER SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, TO PROVIDE THAT IN ASSUMING RESPONSIBILITY FOR TRANSPORTING SCHOOL CHILDREN SCHOOL DISTRICTS MUST GIVE PRIORITY TO CHILDREN BASED ON AGE, TO REQUIRE CHILDREN FOUR THROUGH SIX YEARS OF AGE TRAVELING IN THE FRONT SEAT OF A MOTOR VEHICLE TO BE SECURED BY A SEAT BELT AND TO REQUIRE ANY CHILD ONE YEAR OLD AND UNDER SIX YEARS OLD TRAVELING IN THE BACK SEAT OF A VEHICLE TO BE SECURED IN A CHILD RESTRAINT SYSTEM OR WITH A SEAT BELT, TO EXEMPT DRIVERS FROM LIABILITY IF ALL RESTRAINT DEVICES ARE OCCUPIED BY CHILDREN UNDER THE AGE OF SIX YEARS AND IF A CHILD IS PHYSICALLY IMPAIRED, TO INCREASE PENALTIES FOR FAILING TO RETURN LICENSES AND REGISTRATION FOR LOSS OF PROOF OF FINANCIAL RESPONSIBILITY, GIVING FALSE INFORMATION ABOUT INSURANCE COVERAGE, OPERATING AN UNINSURED VEHICLE, OR TO TRANSFER A VEHICLE WHICH HAS SUSPENDED REGISTRATION AND LICENSE PLATES AND TO PROVIDE THAT IN SUCH CASES ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-5-2941 AND 56-5-6445 SO AS TO PROVIDE THAT THE ARRESTING OFFICER IN A D.U.I. CASE SHALL TAKE THE DRIVER'S LICENSE OF THE ACCUSED AND ISSUE A SUMMONS TO PROVIDE A PROCEDURE FOR THE OPERATION OF VEHICLES BY THE ACCUSED UNTIL DISPOSITION OF THE CASE AND A PROCEDURE FOR FORWARDING THE SUSPENDED LICENSE TO THE APPROPRIATE STATE AND OUT-OF-STATE AGENCIES, AND TO PROVIDE THAT THE CHILD RESTRAINT DEVICE USE STATUTES ONLY APPLY TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS; AND TO REPEAL SECTIONS 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, AND 56-1-1080 RELATING TO HABITUAL OFFENDERS.

Reps. T.M. BURRISS, L. PHILLIPS and BEASLEY, with unanimous consent, proposed the following Amendment No. 61 (Doc. No. 1542J), which was adopted.

Amend the bill, as and if amended, by striking subsection (E) of Section 56-5-4100 of the 1976 Code as contained in Section 12 and inserting:

/(E) The provisions of this section do not apply to and do not restrict the transportation of seed cotton, poultry, livestock, or silage or other feed grain used in the feeding of poultry or livestock or of tobacco, forest products, or textile products."/

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adoPted.

Rep. BEASLEY, with unanimous consent, proposed the following Amendment No. 62 (Doc. No. 1552J), which was adopted.

Amend the bill, as and if amended, by deleting the amendment designated as No. 15 introduced by Rep. Baxley, et al. and adding an appropriately numbered section to read:

/SECTION ______. Article 43, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a third or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), a third or subsequent violation within the last five years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), or a violation of Section 56-5-2945 (Felony DUI), must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall immediately deliver it to the head of his law enforcement agency or his authorized agent who shall notify the clerk of court within forty-eight hours of such confiscation. However, the clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable before the presiding Judge of the judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule to Show Cause and the vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized; or (2) the owner of record did not know that the driver had no valid license. However, forfeiture of a vehicle is subordinate in priority to all valid liens.

(B) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the attorney representing the governmental entity of which that law enforcement agency is a part shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the vehicle to appear at the above proceeding after having been given notice thereof, constitutes a waiver of his claim. The court, after hearing, shall order that the vehicle be forfeited to the State or to the political subdivision of the State of which the law enforcement agency is a part and sold in the manner provided herein, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized; or (2) the owner of record did not know that the driver had no valid driver's license. Otherwise the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.

Notice of the above proceedings must be accomplished by personal service of the owner of record, lienholder of record, if any, and any other person claiming an interest in the vehicle of a certified copy of the petition or notice of hearing, and by publication of notice in a newspaper of general circulation in the county where the vehicle was seized for a period of at least two successive weeks before the hearing.

Property constituted forfeited property by this section must be sold as provided in subsection (C).

(C) The law enforcement agency making the arrest or its authorized agent shall sell the confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it was confiscated or at another suitable location in that county after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or other location of the public auction, and by publishing an advertisement of the auction at least once in a newspaper of general circulation in the county at least ten days before the auction. Upon the sale the agency or its agent shall pay over the net proceeds thereof, after payment of the liens and encumbrances on the vehicle, and after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale including any proper expense incurred for the storage of the confiscated vehicle, to the State or the political subdivision of this State of which the law enforcement agency is a part, for use in law enforcement."/

Renumber sections to conform.

Amend title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered sent to the Senate.

H. 2541--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. WILKINS having the floor.

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.

Rep. WILKINS relinquished the floor.

Rep. J.C. JOHNSON moved to adjourn debate upon the Bill until Wednesday, February 10, which was adopted.

SPECIAL ORDERS INSISTED UPON

Rep. T.M. BURRISS insisted upon the Special Orders of the day.

H. 2795--TABLED

The following Bill was taken up.

H. 2795 -- Richland County Delegation: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT PRIOR TO ANY MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY A REFERENDUM IN EACH SCHOOL DISTRICT MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT FAVOR THEIR MERGER OR ALTERATION, AND PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM; TO AMEND ACT 280 OF 1979, RELATING TO TAX LEVIES FOR LEXINGTON AND RICHLAND COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1988, A SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICTS, PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN FIVE PERCENT OF THE LOCAL TAX MILLAGE FOR OPERATING PURPOSES FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY THE RICHLAND COUNTY COUNCIL, AND PROVIDE AS AN ALTERNATIVE, INSTEAD OF REQUESTING THE INCREASE FROM THE COUNCIL, THE BOARD OF EITHER DISTRICT MAY SEEK APPROVAL OF AN INCREASE BY A REFERENDUM, AND AUTHORIZE EACH BOARD TO ESTABLISH THE MILLAGE LEVEL FOR THE 1987-88 SCHOOL YEAR AT A RATE NOT TO EXCEED THE MILLAGE LEVEL FOR THE 1984-85 SCHOOL YEAR; AND TO DEVOLVE ALL POWERS OF THE RICHLAND COUNTY BOARD OF EDUCATION AND SUPERINTENDENT OF EDUCATION, WHICH WERE DEVOLVED UPON THE RICHLAND COUNTY COUNCIL, UPON THE SCHOOL BOARDS OF RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO.

Rep. T. ROGERS moved to recommit the Bill to the Richland Delegation.

Rep. HEARN moved to table the motion.

Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Yeas 5; Nays 4

Those who voted in the affirmative are:

Burriss, M.D.          Burriss, T.M.          Corning
Hearn                  Humphries

Total--5

Those who voted in the negative are:

Brown, J.              Faber                  McBride
Rogers, T.

Total--4

So, the motion to table the motion to recommit was agreed to.

Rep. HEARN moved to table the Bill.

Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Yeas 7; Nays 2

Those who voted in the affirmative are:

Brown, J.              Burriss, M.D.          Burriss, T.M.
Corning                Hearn                  Humphries
McBride

Total--7

Those who voted in the negative are:

Faber                  Rogers, T.

Total--2

So, the Bill was tabled.

Rep. CORNING moved to reconsider the vote whereby the Bill was tabled.

Rep. McBRIDE moved to adjourn debate upon the motion to reconsider.

Rep. HEARN moved to table the motion to adjourn debate, which was agreed to by a division vote of 5 to 4.

The question then recurred to the motion to reconsider the vote whereby the Bill was tabled.

Rep. HEARN moved to table the motion to reconsider, which was agreed to by a division vote Of 5 to 4.

S. 625--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

S. 625 -- Senators Hayes, Nell W. Smith and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.

Rep. KIRSH proposed the following Amendment No. 1 (Doc. No. 1495J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2, page 2, lines 42 and 43, and inserting:

/SECTION 2. This act takes effect July 1, 1988./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. WHIPPER explained the Bill and moved to adjourn debate upon the Bill, which was adopted.

S. 59--DEBATE ADJOURNED

Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted.

S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.

H. 2914--DEBATE ADJOURNED

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.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 0992J).

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

/SECTION 1. Article 9, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-760. No person may use government personnel, equipment, materials, or facilities of any public agency or department in an election campaign. A government may rent or provide public facilities for political meetings and other campaign-related purposes, so long as they are available on similar terms to all candidates and committees. This section does not prevent government personnel from participating in election campaigns on their own time and on nongovernmental premises.
Section 8-13-770. No person may attempt to coerce, command, or require a public official or public employee to give money, service, or other thing of value to aid, promote, defeat, or influence a ballot issue or nomination or election of any person to public office. Nothing in this section is intended to restrict the right of a public official or public employee to express his personal political views."

SECTION 2. This act takes effect January 1, 1989./

Amend title to conform.

Rep. WILKINS explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS continued speaking.

Rep. FOXWORTH moved to adjourn debate upon the Bill until Tuesday, February 9, which was adopted.

H. 3338--OBJECTIONS

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.

Rep. FAIR proposed the following Amendment No. 2 (Doc. No. 1584J).

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

/SECTION 1. Section 61-13-875 of the 1976 Code is amended to read:

"Section 61 - 13-875. No person who holds a permanent license or permit to sell beer, wine, or alcoholic liquor for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. The Alcoholic Beverage Control Commission is authorized to promulgate regulations necessary to implement this section. Beer, wine, or alcoholic liquor may be sold at a price less than the price regularly charged only from four o'clock p.m. until eight o'clock p.m. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to any person attending a private function on any premises for which a permanent license or permit has been issued, or to any customer attending a function sponsored by the person who holds a permanent license or permit. Not more than two functions may be sponsored each year, which must be authorized by the Alcoholic Beverage Control Commission. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 61-13-870."

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

Amend title to conform.

Rep. FAIR explained the amendment.

Reps. BLANDING and FABER objected to the Bill.

Rep. FAIR continued speaking.

Rep. BAXLEY objected to the Bill.

H. 3378--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 9, which was adopted.

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.

H. 3381--AMENDED AND ORDERED TO THIRD READING

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.

Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 1250J), which was adopted.

Amend the bill, as and if amended, by striking the words /Section 38-59-110/ as contained on line 12 of page 2 and inserting /Section 38-79-410/.

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.

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

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 3614 -- Reps. Blanding, McElveen, E.B. McLeod, G. Brown and Baxley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE THE NEW U.S. HIGHWAY 521 FROM BROAD STREET, SUMTER, SOUTH CAROLINA, TO THE KERSHAW COUNTY LINE AS THE "RAYMOND J. 'CHIC' MATHIS HIGHWAY".

H. 3614--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. 3614 -- Reps. Blanding, McElveen, E.B. McLeod, G. Brown and Baxley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE THE NEW U.S. HIGHWAY 521 FROM BROAD STREET, SUMTER, SOUTH CAROLINA, TO THE KERSHAW COUNTY LINE AS THE "RAYMOND J. 'CHIC' MATHIS HIGHWAY".

Whereas, Sumter County and South Carolina have received dedicated service from Raymond J. "Chic" Mathis throughout the years; and

Whereas, that service has been evidenced during his offices as first chairman of the Santee-Wateree Planning Commission, a member of the Technical Education Commission, president of the University of South Carolina at Sumter Partisans Club, and vice-chairman of the Sumter County Development Board; and

Whereas, Raymond J. "Chic" Mathis recently retired after serving on the State Highways and Public Transportation Commission, and for a portion of his term, he served ably and efficiently as chairman of that commission, being the first person so honored from Sumter County; and

Whereas, Mr. Mathis has always recognized and assumed his responsibility to government, federal, state, or local, as evidenced by his service in the United States Navy before, during, and after World War II, from which he retired in 1956 as Chief Warrant Officer USN (Ret); and

Whereas, his dedicated service to all walks of life within the Sumter community has made him a recognized natural resource of this community. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to designate new U.S. Highway 521 from Broad Street, Sumter, South Carolina, to the Kershaw County line in Sumter County the "Raymond J. 'Chic' Mathis Highway".

Be it further resolved that the Department of Highways and Public Transportation shall erect appropriate markers commemorating and dedicating this highway, and that the cost for the markers be charged to the Class C Funds of Sumter County.

Be it further resolved that copies of this resolution be forwarded to Mr. Mathis and to the Department of Highways and Public Transportation.

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

H. 3393--AMENDED AND ORDERED TO THIRD READING

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.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 1086J), which was adopted.

Amend the bill, as and if amended, Section 1, by adding at the end:

/A hospital, physician, qualified technician, chemist, or registered nurse who takes the samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples./

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.

H. 3399--AMENDED AND ORDERED TO THIRD READING

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.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 0940J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 of the bill and inserting:

/SECTION 1. Section 38-53-170(f) of the 1976 Code is amended to read:

"(f) solicit business in any of the courts or on the premises of any of the courts of this State, in the office of any magistrate, or in or about any place where prisoners are confined. Loitering in or about a magistrate's office or any place where prisoners are confined in prima facie evidence of soliciting; Law enforcement officers and jailers shall report any violations of this provision to the court. Any action taken pursuant to this provision resulting in a conviction, guilty plea, or plea of nolo contendere pursuant to Section 38-53-340 must be reported to the Commissioner by the court within thirty days;"./

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

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.

Rep. WILKINS explained the Bill.

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.

H. 3391 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO REVISE THE DEFINITIONS; SECTION 38-31-30, RELATING TO APPLICATION OF THE ACT, SO AS TO PROVIDE FOR EXCEPTIONS; SECTION 38-31-40, RELATING TO THE CREATION OF AND MEMBERSHIP IN THE ASSOCIATION, SO AS TO PROVIDE FOR AN ADDITIONAL ACCOUNT; SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE ASSOCIATION, SO AS TO PROVIDE FOR NEW DUTIES; SECTION 38-31-100, RELATING TO EXHAUSTING RIGHTS UNDER OTHER POLICIES AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO PROVIDE FOR A CLAIM UNDER A GOVERNMENTAL INSURANCE OR GUARANTY PROGRAM, CLAIM HELD BY AN INSURER, REINSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION, AND CLAIM AGAINST AN INSURED UNDER A POLICY ISSUED BY AN INSOLVENT INSURER; SECTION 38-31-110, RELATING TO DETECTION AND PREVENTION OF INSURER INSOLVENCIES, SO AS TO REVISE THE DUTIES OF THE ASSOCIATION'S BOARD OF DIRECTORS AND THE INSURANCE COMMISSIONER; SECTION 38-31-150, RELATING TO IMMUNITY FROM LIABILITY FOR ACTION UNDER THIS ACT, SO AS TO PROVIDE FOR IMMUNITY FROM ANY OMISSION; AND SECTION 38-31-160, RELATING TO PROCEEDINGS INVOLVING INSOLVENT INSURERS, SO AS TO PROVIDE FOR EXTENSION OF THE PERIOD OF TIME TO STAY THE PROCEEDINGS; AND TO REPEAL SECTION 38-31-180 RELATING TO CONSTRUCTION OF THE ACT.

Rep. J. BRADLEY explained the Bill.

H. 3396 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.

Rep. J. BRADLEY explained the Bill.

H. 3397 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 11, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLE INSURANCE, BY ADDING SECTIONS 38-75-905 AND 38-75-920 THROUGH 38-75-1000 SO AS TO REGULATE MORE STRINGENTLY THE TITLE INSURANCE BUSINESS IN THIS STATE.

Rep. J. BRADLEY explained the Bill.

H. 3431 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 15-9-270, AS AMENDED, 15-9-285, AND 38-25-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES AND THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY OFFERED BY AN INSURER NOT LICENSED IN THIS STATE AND THE CONDITIONS UNDER WHICH SERVICE OF PROCESS MUST BE MADE, SO AS TO INCREASE THE FEE FROM FOUR TO TEN DOLLARS WHICH MUST ACCOMPANY THE SUMMONS AND ANY OTHER LEGAL PROCESSES DELIVERED TO THE CHIEF INSURANCE COMMISSIONER BY AN INSURANCE COMPANY AND PROVIDE THAT FIVE DOLLARS OF THIS FEE MUST BE RETAINED BY THE CHIEF INSURANCE COMMISSIONER TO OFFSET HIS COSTS.

Rep. J. BRADLEY explained the Bill.

H. 3448 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INSURANCE AGENT", SO AS TO DELETE CATEGORIES; AND TO AMEND SECTION 38-43-20, RELATING TO LICENSING REQUIREMENT OF INSURANCE AGENTS, SO AS TO DELETE CATEGORIES OF EMPLOYEES, INCLUDING CLERICAL AGENCY EMPLOYEES, AND TO ALLOW DELAYED LICENSING FOR AGENTS QUALIFIED TO TRANSACT LIFE, HEALTH, OR GROUP INSURANCE WHEN THE AGENT IS NOT SPECIFICALLY LICENSED FOR THE INSURER WHEN THE AGENT PRESENTS THE PROPOSAL.

Rep. J. BRADLEY explained the Bill.

H. 3450 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 85 SO AS TO REGULATE CONSOLIDATIONS AND MORTGAGE INSURANCE OFFERED, ISSUED, OR DELIVERED IN SOUTH CAROLINA, BY MAIL OR OTHERWISE, IN CONNECTION WITH CONSOLIDATIONS.

Rep. J. BRADLEY explained the Bill.

H. 3515 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL AND SURPLUS REQUIREMENTS OF STOCK INSURERS, AND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIREMENTS OF MUTUAL INSURERS, SO AS TO INCREASE THE AMOUNT OF THE REQUIREMENTS; AND TO AMEND SECTION 38-9-30, RELATING TO THE INSURERS SUBJECT TO THE REQUIREMENTS, AND SECTION 38-9-50, RELATING TO THE RESTRICTIONS ON INSURERS WHO FAIL TO MEET THE REQUIREMENTS, SO AS TO REVISE THE DATES UPON WHICH THE RESTRICTIONS AND REQUIREMENTS TAKE EFFECT.

Rep. J. BRADLEY explained the Bill.

H. 3535 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ADMINISTRATOR OF INSURANCE BENEFITS PLANS, SO AS TO EXEMPT THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION AND ANY PERSON WHO ADJUSTS OR SETTLES CLAIMS AS ITS EMPLOYEE OR AGENT.

Rep. J. BRADLEY explained the Bill.

H. 3391--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3391 be read the third time tomorrow.

H. 3397--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.0. ALEXANDER, with unanimous consent, it was ordered that H. 3397 be read the third time tomorrow.

H. 3431--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3431 be read the third time tomorrow.

H. 3448--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3448 be read the third time tomorrow.

H. 3450--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3450 be read the third time tomorrow.

H. 3515--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3515 be read the third time tomorrow.

H. 3535--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.0. ALEXANDER, with unanimous consent, it was ordered that H. 3535 be read the third time tomorrow.

H. 3573--ORDERED TO THIRD READING

The following Bill was taken up.

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

Rep. J. BRADLEY explained the Bill.

Rep. GENTRY moved to adjourn debate upon the Bill until Tuesday, February 9.

Rep. P. HARRIS moved to table the motion, which was agreed to.

The question then recurred to the passage of the Bill on second reading, which was agreed to, and the Bill was ordered to third reading.

H. 3573--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3573 be read the third time tomorrow.

H. 2543--DEBATE ADJOURNED

Rep. LEWIS moved to adjourn debate upon the following Bill until, Tuesday, February 9, which was adopted.

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.

H. 2148--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, February 10, which was adopted.

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.

H. 3399--RECONSIDERED AND DEBATE ADJOURNED

Rep. T. ROGERS moved to reconsider the vote whereby the following Bill, as amended, was given a second reading, which was agreed to.

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.

Rep. T. ROGERS moved to adjourn debate upon the Bill until Tuesday, February 16, which was adopted.

H. 2945--INTERRUPTED DEBATE

The following Bill was taken up.

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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0913J).

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

/SECTION 1. The purpose of this subarticle is to provide for a statewide system of trained volunteer guardians ad litem to ensure that children who are abused or neglected have their best interests represented in those actions before the family court.

SECTION 2. Article 3 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Subarticle 4
South Carolina Guardian Ad Litem Program

Section 20-7- 121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 20-7-110.

Section 20-7-122. The responsibilities and duties of the guardian ad litem are:

(1) to represent the best interests of the child;

(2) to advocate for the welfare and rights of a child involved in an abuse or neglect proceeding;

(3) to conduct an independent assessment of the facts, the needs of the child, and the available resources within the family and community to meet those needs;

(4) to maintain accurate, written case records;

(5) to provide the family court with a written report, consistent with the rules of evidence and the rules of the court, which includes without limitation evaluation and assessment of the issues brought before the court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition of the case;

(6) to monitor compliance with the orders of the family court and to make the motions necessary to enforce the orders of the court or seek judicial review;

(7) to protect and promote the best interests of the child until formally relieved of the responsibility by the family court.

Section 20-7-123. No person may be appointed as a guardian ad litem for a child in an abuse or neglect proceeding who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of Title 16, Offenses Against Morality and Decency, in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances, or for the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490.

Section 20-7-124. (A) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abuse or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court.

(B) The guardian ad litem is authorized to:

(1) conduct an independent assessment of the facts;

(2) confer with and observe the child involved;

(3) interview persons involved in the case;

(4) participate on any multidisciplinary evaluation team for the case on which the guardian ad litem has been appointed;

(5) make recommendations to the court concerning the child's welfare;

(6) make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the child.

(C) The guardian ad litem is authorized through counsel to introduce, examine, and crossexamine witnesses in any proceeding involving the child and participate in the proceedings to any degree necessary to represent the child adequately.

Section 20-7-125. All reports made and information collected as described in Section 20-7-690(A) must be made available to the guardian ad litem by the State Department of Social Services. Upon proof of appointment as guardian ad litem and upon his request, access to information must be made available to him by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any agency providing services to the child.

Section 20-7-126. All reports and information collected pursuant to this subarticle maintained by the Guardian ad Litem Program are confidential except as provided for in 20-7-690(C). Any person who disseminates or permits the unauthorized dissemination of the information is guilty of contempt of court and, upon conviction, may be fined or imprisoned, or both, pursuant to Section 20-7-1350.

The name, address, and other identifying characteristics of any person named in a report determined to be judicially unfounded must be destroyed one year from the date of the determination. The name, address, and other identifying characteristics of any person named in a report determined to be judicially indicated must be destroyed seven years from the date that the guardian ad litem formally is relieved of his responsibility by the family court.

Section 20-7-127. After participating in the training program of the Guardian ad Litem Program, any person who is appointed to serve as guardian ad litem and serves without compensation is not liable for any civil damages for any personal injury as a result of any act or omission by the person in the discharge of the responsibilities of a guardian ad litem if he acts in good faith and is not guilty of gross negligence.

Section 20-7-128. (A) There is created the South Carolina Guardian ad Litem Program Advisory Board consisting of nine members as follows:

(1) the chairman of the Joint Legislative Committee on Children, or his designee;

(2) the chairman of the House Ways and Means Committee, or his designee;

(3) the chairman of the Senate Finance Committee, or his designee;

(4) the State Commissioner of Social Services, or his designee;

(5) the President of the State Council of Family Court Judges, or his designee;

(6) the Director of the Division of Court administration, or his designee;

(7) two Family Court Judges appointed by the Chief Justice of the State Supreme Court;

(8) a private attorney who practices family or domestic law appointed by the Chairman of the Joint Legislative Committee on Children.

(B) The terms of the members are coterminous with their terms of office or with their positions except for the private attorney. The term of the attorney is for two years.

(C) The Chairman of the Joint Legislative Committee on Children shall serve as chairman of the board. The board shall meet at least four times annually and more frequently upon the call of the chairman to review and evaluate the activities of the Guardian ad Litem Program."

SECTION 3. Section 20-7-690(B) of the 1976 Code is amended to read:

"(B) All reports made and information collected as described in subsection (A) must be made available to the ombudsman of the office of the Governor and to any person appointed as a child's guardian ad litem and the child's attorney pursuant to Section 20-7-110."

SECTION 4. Section 20-7-690 of the 1976 Code is amended by deleting item (5) of subsection (C).

SECTION 5. The General Assembly shall provide the funds necessary to carry out the provisions of this act. Until the program has been implemented in each county as a part of the statewide system, the program must be administered by the University of South Carolina TRIO Programs through a contract with the Joint Legislative Committee on Children.

SECTION 6. This act takes effect upon approval by the Governor.

Renumber items and sections to conform.

Amend title to conform.

Rep. WHIPPER explained the amendment.

Rep. J.C. JOHNSON moved to adjourn debate upon the Bill until Tuesday, February 9.

POINT OF ORDER

Rep. WHIPPER raised the Point of Order that the motion to adjourn debate on the Bill was out of order as she still had the floor.

The SPEAKER Pro Tempore sustained the Point of Order and ruled the motion out of order.

Rep. WHIPPER continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. WHIPPER having the floor.

Rep. CARNELL moved that the House do now adjourn.

Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 10; Nays 77

Those who voted in the affirmative are:

Bailey, K.             Burriss, M.D.          Carnell
Cooper                 Kay                    Kirsh
Lewis                  McAbee                 Short
Townsend

Total--10

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Baxley                 Blackwell
Blanding               Boan                   Bradley, J.
Brown, C.              Brown, J.              Brown, R.
Burch                  Burriss, J.H.          Burriss, T.M.
Clyborne               Cole                   Corning
Dangerfield            Davenport              Day
Derrick                Elliott                Faber
Ferguson               Foster                 Gentry
Gordon                 Harris, J.             Harvin
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Humphries
Klapman                Koon                   Lanford
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Pettigrew
Petty                  Phillips, O.           Rice
Rogers, T.             Rudnick                Sheheen
Simpson                Snow                   Sturkie
Taylor                 Thrailkill             Toal
Tucker                 Washington             Wells
White                  Winstead

Total--77

So, the House refused to adjourn.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

On motion of Rep. HOLT, with unanimous consent, the following was taken up for immediate consideration:

H. 3707 -- Charleston Delegation: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.

Whereas, in 1987, America celebrated the bicentennial of the Constitution of the United States, a document that a British prime minister, William Gladstone, once called "the greatest document ever struck off by the hand and mind of man"; and

Whereas, the Constitution was submitted. by resolution of the Constitutional Convention on September 17, 1787. It became effective on March 4, 1789, the day fixed for commencement of the operations of the government, by virtue of its ratification by the conventions of eleven states; and

Whereas, celebrations during this two-year period throughout the United States will be held commemorating this significant occasion; and

Whereas, the Charleston County Legislative Delegation would like to invite the General Assembly to hold a joint session in Charleston to honor and celebrate the bicentennial of the Constitution on Monday, May 23, 1988, at an appropriate location to be designated by the Charleston County Legislative Delegation and to visit in Charleston on the preceding weekend beginning on Saturday, May 21, 1988. Now, therefore,

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

That the General Assembly designates Monday, May 23, 1988 as a statewide session day, with the General Assembly to meet in joint session to be held in Charleston, South Carolina for the purpose of celebrating the bicentennial of the Constitution of the United States.

Rep. J. BRADLEY explained the Concurrent Resolution.

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

H. 2945--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WHIPPER having the floor.

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WHIPPER continued speaking.

The amendment was then adopted.

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

H. 2945--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. DAY, with unanimous consent, it was ordered that H. 2945 be read the third time tomorrow.

H. 3043--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3043 -- Reps. Simpson and Hendricks: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO.EIGHT MEMBERS, PROVIDE THAT THE ADDITIONAL MEMBER MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FROM THE STATE AT LARGE FOR A FOUR-YEAR TERM AND MUST BE A MEMBER IN GOOD STANDING OF A LIONS CLUB IN THIS STATE, AND PROVIDE THAT THE GOVERNOR SHALL SELECT THIS ADDITIONAL MEMBER FROM A LIST SUBMITTED BY THE STATEWIDE ORGANIZATION OF LIONS INTERNATIONAL; AND TO PROVIDE FOR THE COMMENCEMENT OF THE INITIAL TERM OF THIS ADDITIONAL MEMBER.

Rep. LOCKEMY proposed the following Amendment No. 2 which was adopted.

Amend the bill, as and if amended, by striking lines 41 through 44 of page 1 and inserting:

/"Of the two members from the State at large, one must be a member in good standing of a service oriented civic organization chartered by the State of South Carolina which has provided significant assistance to the blind population, and this member shall serve ex-officio.

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

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

H. 3043--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3043 be read the third time tomorrow.

H. 2981--DEBATE ADJOURNED

Rep. LEWIS moved to adjourn debate upon the following Bill until Tuesday, February 11, which was adopted.

H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: A BILL TO ESTABLISH THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1987 FOR THE PROTECTION OF THE GROUND WATERS OF THE STATE AND TO LEVY AN EXCISE TAX ON MOTOR FUELS TO PROVIDE FUNDING FOR CERTAIN CLEAN-UP FUNCTIONS.

H. 2593--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6124k), which was tabled.

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

SECTION 1. Section 13A of Act 430 of 1986 is amended to read:

"Section 13A. The provisions of this chapter do not apply to licensed mechanical contractors performing emergency repair work on existing fire protection sprinkler systems or existing water spray systems or existing water foam systems where the labor cost of the work does not exceed one thousand dollars or to persons engaged in the planning, installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water spray system or water foam system on their own property or that of their normal employer.

The provisions of this chapter also do not apply to plumbing contractors holding a Class 3 unlimited license installing standpipes and related branch lines to fire hose cabinets or to utility contractors holding a Class 3 unlimited license installing underground water mains, hydrant mains, and fire hydrants to within five feet of the building exterior."

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

Rep. T.M. BURRISS explained the amendment and moved to table the amendment, which was agreed to.

Rep. T.M. BURRISS proposed the following Amendment No. 2 (Doc. No. 6325k), which was adopted.

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

SECTION 1. Section 13A of Act 430 of 1986 is amended to read:

"Section 13A. The provisions of this chapter do not apply to licensed mechanical contractors performing emergency repair work on existing fire protection sprinkler systems or existing water spray systems or existing water foam systems where the labor cost of the work does not exceed one thousand dollars or to persons engaged in the planning, installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water spray system or water foam system on their own property or that of their normal employer.

A plumbing contractor holding a group 3 unlimited plumbing contractor license is not required to be licensed under this act to install standpipe systems, including hose connections and hose cabinets, provided that they do not supply automatic fire protection sprinklers. A utility contractor holding a group 3 unlimited utility contractor license is not required to be licensed under this act to install underground water mains, hydrant mains, and fire hydrants to the point of the connection to the underground fire protection sprinkler system mains.

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

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

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

H. 2593--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 2593 be read the third time tomorrow.

S. 703--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 703 -- Senators Pope, Giese and Hayes: A BILL TO AMEND SECTION 40-47-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY ACTION AGAINST PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR A LICENSEE'S RIGHT TO JUDICIAL REVIEW OF DISCIPLINARY ACTION, PROVIDE FOR THE APPEAL TO BE CONSIDERED AN EMERGENCY AND TO TAKE PRECEDENCE ON THE CIRCUIT COURT'S CALENDAR, REQUIRE THE APPEAL TO BE HEARD NOT LATER THAN THIRTY DAYS FROM THE DATE THE PETITION IS FILED, AND LIMIT THE GRANTING OF A STAY OR SUPERSEDEAS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1135J), which was adopted.

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

/SECTION 1. The fifth and sixth paragraphs of Section 40-47-200 of the 1976 Code are respectively amended to read:

"Any decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee must be by majority vote of the total membership of the board. and Any licensee against whom disciplinary action is taken pursuant to the provisions of this article has the right to judicial review. Any disciplinary action is subject to review by the circuit court upon petition filed by the licensee with the court and a copy thereof of the petition served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. An appeal taken to the circuit court has precedence on the court's calendar, is considered an emergency appeal if the board has revoked, suspended, or otherwise restricted a license for more than six months, and should be heard not later than thirty days from the date the petition is filed. Such The review must be is limited to the record established by the board hearing.

Any decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a license becomes effective upon delivery of a copy of such decision to the licensee and a petition for court review does not operate as a supersedeas. No stay or supersedeas may be granted pending appeal from a decision by the board to revoke, suspend, or otherwise restrict a license for more than six months."

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

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. LOCKEMY asked unanimous consent that S. 703 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3398--TABLED

The following Bill was taken up.

H. 3398 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO REPEAL SECTION 38-57-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST GROUP PROPERTY, MARINE, CASUALTY, OR SURETY INSURANCE.

Rep. J. BRADLEY moved to table the Bill, which was agreed to.

H. 3401--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1174J), which was adopted.

Amend the bill, as and if amended, by striking /during the lifetime of the insured/ in item (d) of Section 38-63-220 as contained in SECTION 1 beginning on lines 6 and 13 of page 3, so that when amended, item (d) shall read as follows:

/(d) A provision that the policy and any rider or supplemental benefits attached to the policy are incontestable as to the truth of the application for insurance and to the representations of the insured individual after they have been in force for a period of two years from their date of issue. Any rider or supplemental benefits subsequently attached to the policy are incontestable as to the truth of the application for the rider or supplemental benefits and to the representations of the insured individual after they have been in force for a period of two years from their date of issue. If an insurer institutes proceedings to vacate a policy on the ground of the falsity of the representations contained in the application for the policy, the proceedings must commence within the time permitted in this subsection (d)./

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.

H. 3401--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3401 be read the third time tomorrow.

H. 3432--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3432 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-69-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF ANNUITY CONTRACTS AND THE EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF CERTAIN ANNUITIES AND ENDOWMENT CONTRACTS, TO AMEND ARTICLE 1, CHAPTER 69, TITLE 38, RELATING TO ANNUITIES BY ADDING SECTION 38-69-30 SO AS TO PROVIDE THAT WHEN THE PROCEEDS OF AN ANNUITY BECOMING A CLAIM BY THE DEATH OF THE INSURED ARE LEFT WITH AN INSURANCE COMPANY UNDER A TRUST OR OTHER AGREEMENT, THE BENEFITS ACCRUING THEREUNDER AFTER THE DEATH OF THE INSURED ARE NOT TRANSFERABLE NOR SUBJECT TO COMPUTATION OR INCUMBRANCE NOR TO LEGAL PROCESS, EXCEPT IN AN ACTION TO RECOVER FOR NECESSARIES IF THE PARTIES TO THE TRUST OR OTHER AGREEMENT SO AGREE, AND TO REPEAL SECTION 38-69-130 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST CERTAIN ANNUITY CONTRACTS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1184J), which was adopted.

Amend the bill, as and if amended, in item (4), Section 38-69-120, as contained in SECTION 1, by striking /during the lifetime of the insured/ which begins on lines 3 and 10 of page 3, so that when amended, item (4) shall read as follows:

/(4) A provision that the contract and any rider or supplemental benefits attached to the contract are incontestable as to the truth of the application for insurance and to the representations of the insured individual after they have been in force for two years from their date of issue. Any rider or supplemental benefits attached subsequently to the contract are incontestable as to the truth of the application for the rider or supplemental benefits and to the representations of the insured individual after they have been in force for two years from their date of issue. If an insurer institutes proceedings to vacate a contract on the ground of the falsity of the representations contained in the application for the contract, the proceedings must commence within the time permitted in this subsection./

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.

H. 3432--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3432 be read the third time tomorrow.

H. 3436--TABLED

The following Bill was taken up.

H. 3436 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-61-20, 38-71-310, AND 38-71-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF INSURANCE POLICY CONTRACT FORMS GENERALLY BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE STANDARDS FOR FORM APPROVAL, AND TO PROVIDE FOR EXEMPTION FROM FORM APPROVAL.

Rep. J. BRADLEY moved to table the Bill, which was agreed to.

H. 3449--TABLED

The following Bill was taken up.

H. 3449 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-1-20, 38-9-100, 38-25-540, 38-25-550, 38-45-20, 38-45-30, 38-45-90, 38-45-110, 38-75-710, AND 38-75-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO DEFINE "ADMITTED INSURER", "ELIGIBLE SURPLUS LINES INSURER", "NONADMITTED INSURER", AND "SURPLUS LINES INSURANCE" AND TO REGULATE THEIR USE AND ACTIVITIES, AND TO CHANGE PROVISIONS RELATING TO SECURITY DEPOSITS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-45-160 AND 38-45-170 SO AS TO REGULATE POLICY FEES CHARGED BY BROKERS AND TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF INSURANCE COMMISSIONER AS TRUE AND LAWFUL ATTORNEY FOR SERVICE OF PROCESS FOR ELIGIBLE SURPLUS LINES INSURERS.

Rep. J. Bradley moved to table the Bill, which was agreed to.

H. 3478--TABLED

The following Bill was taken up.

H. 3478 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF AN INDIVIDUAL LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS AND TO AMEND SECTION 38-65-90, RELATING TO THE PROTECTION OF A GROUP LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF LIFE INSURANCE COVERED BY THESE SECTIONS FROM TWENTY-FIVE THOUSAND TO FIFTY THOUSAND DOLLARS AND TO REMOVE THE PROTECTION PROVIDED FOR A MARRIED INDIVIDUAL AND CHILDREN IN THESE SECTIONS WHEN THE POLICY WAS OBTAINED WITH THE INTENT TO DEFRAUD CREDITORS OR THE CREDITOR OR REPRESENTATIVE POSSESSES A VALID ASSIGNMENT OF THE CASH SURRENDER VALUE OF THE POLICY FROM THE POLICYHOLDER ON A SEPARATE FORM.

Rep. J. BRADLEY moved to table the Bill, which was agreed to.

H. 3528--DEBATE ADJOURNED, RECONSIDERED,
AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3528 -- Reps. Hearn and T.M. Burriss: A BILL TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONSIDERED AGENTS OF INSURERS, SO AS TO PROVIDE THAT CERTAIN FINANCIAL ADVISORS ARE NOT CONSIDERED INSURANCE AGENTS UNDER SPECIFIED CONDITIONS.

Rep. J. BRADLEY moved to adjourn debate upon the Bill, which was adopted.

Rep. J. BRADLEY moved to reconsider the vote whereby debate was adjourned on the Bill, which was agreed to.

Rep. J. Bradley explained the Bill.

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

H. 3528--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3528 be read the third time tomorrow.

H. 3534--DEBATE ADJOURNED

Rep. J. BRADLEY moved to adjourn debate upon the following Bill, which was adopted.

H. 3534 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES.

H. 3297--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3297 -- Rep. J. Rogers: A BILL TO AMEND SECTION 58-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OF ELECTRIC UTILITIES WITH THE APPROVAL OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ELECTRIC UTILITIES MAY DISPOSE OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OWNED BY THEM OUTSIDE THIS STATE OR PROPERTY WHICH HAS AN INITIAL COST OF ONE MILLION DOLLARS OR LESS WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1136J), which was adopted.

Amend the bill, as and if amended, by striking Section 58-27-1300 as contained in Section 1 and inserting:

/Section 58-27-1300. No electrical utility shall, without the approval of the Commission after due hearing and compliance with all other existing requirements of the laws of the State in relation thereto, may sell, assign, transfer, lease, consolidate, or merge its property, powers, franchises, or privileges, or any of them, except that any electrical utility which has property, powers, franchises, or privileges outside this State, the fair market value of which is one million dollars or less, may sell, assign, transfer, lease, consolidate, or merge such property, powers, franchises, or privileges, or any of them, without prior approval of the Commission./

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.

H. 3297--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3297 be read the third time tomorrow.

Rep. COOPER moved that the House do now adjourn.

Rep. BLACKWELL demanded the yeas and nays, which were not ordered.

The motion to adjourn was agreed to by a division vote of 44 to 33.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3679 -- Reps. Cooper, Foster, Klapman, Hayes, T.M. Burriss, Kirsh, Helmly, Williams, Nesbitt, Simpson, L. Martin, Hendricks, Kay and McLellan: A CONCURRENT RESOLUTION INVITING COLONEL CHARLES P. MURRAY, (USA-RETIRED), PRESIDENT OF THE CONGRESSIONAL MEDAL OF HONOR SOCIETY, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON, ON THURSDAY, FEBRUARY 11, 1988, AND INVITING SOUTH CAROLINA'S CONGRESSIONAL MEDAL OF HONOR RECIPIENTS TO BE GUESTS OF THE JOINT ASSEMBLY FOR THE OCCASION.

H. 3698 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE HAMILTON "HAMP" BENENHALEY OF BISHOPVILLE IN LEE COUNTY.

ADJOURNMENT

At 12:05 P.M. the House in accordance with the motion of Rep. COOPER adjourned to meet at 10:00 A.M. tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:37 P.M.