South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

Tuesday, April 18, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God of our lives, we are grateful for Your watchful care while we were absent from this place. We thank You for work and rest, for joy and sorrow, for laughter and tears, for silence and song-all experiences of life by which we have been taught and enriched. Continue Your presence that we be not weary or discouraged or leave our work poorly done or half completed. Grant us wisdom to solve our every problem, to do our work well, and to walk more closely with You. And when the day is done, may we have no regrets, but possessed with hearts at peace with our God and with one another.

In the Name of Jesus Whose teachings inspire our best. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

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

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

February 17, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On Tuesday, May 2, 1989 the South Carolina Telephone Association would like to host a reception for all legislators, their spouses, and staff members.

This reception will be held at the Ellison Building, State Fairgrounds, from 6:30 P.M. until 11:00 P.M. Entertainment will be provided by Woody Windham.

If you have any questions, please call me.

Sincerely,
Fred W. Teeter
Director
Governmental & Regulatory Affairs

February 2, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

I would like to request that the Governor's Legislative Reception be placed on the Legislative Calendar.

This reception is scheduled for Wednesday, May 3, 1989 from 6-8 P.M. at the Governor's Mansion for both the House and Senate members.

Thank you for your assistance with this matter.

Sincerely,
Missy Schiavone
Mansion Director

September 19, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Dairy Association wishes to extend to the members of the South Carolina House of Representatives, an invitation to a breakfast on Thursday, May 4, 1989, from 8:00 A.M. 10:00 A.M. The breakfast will be held at the Capital City Club in the AT&T Building on the corner of Gervais Street and Assembly Street, Columbia, S.C.

Sincerely,
Kelly Smith
Executive Director

July 12, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

Greenwood Mills, Inc., a corporation based in South Carolina, will celebrate its 100th anniversary during 1980. As part of our celebration, we would like to show our appreciation to the General Assembly by hosting a reception in their honor on Tuesday, May 9, 1989 at the Marriott Hotel in downtown Columbia.

In addition, we respectfully request a joint meeting of the Senate and House on the afternoon of Tuesday, May 9, 1989 for the purpose of allowing William M. (Mat) Self, president and chief operating officer of Greenwood Mills, Inc., to address this distinguished group.

If you have any questions, please do not hesitate to let me know.

Sincerely,
B.W. Whaley
Senior Vice President
Human Resources and
Governmental Affairs

April 11, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This letter is to confirm the date of the Student Legislature reception for the Legislature. The date tentatively is set at May 9, 1989, from 8:00 P.M. to 10:00 P.M.

We appreciate your cooperation and time in this matter. If I can be of any assistance or answer any questions, please let me know.

Sincerely,
Cynthia L. Russell
Executive Secretary

March 10, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina State Museum extends an invitation to the members of the South Carolina House of Representatives and their spouses to a reception and tour of the state Museum on Wednesday, May 10, 1989 from 6:00 P.M. - 8:00 P.M. Please announce this invitation to the members. We look forward to seeing them on that evening for a look at our state's newest educational and cultural attraction.

Sincerely,
Overton G. Ganong
Executive Director

April 4, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The pharmacists of the Fifth District Pharmaceutical Association would like to extend an invitation to the members of the S.C. House to attend our annual legislative dinner on May 10, 1989 at the Embassy Suites Hotel in Columbia. The evening will begin at 7:30 P.M. with a social hour and dinner at 8:00 P.M.

We look forward to seeing each of you there.

Sincerely,
Nancy Culberson, Treasurer

January 18, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

A group of non-partisan Citadel graduates throughout South Carolina has been holding an annual Citadel Alumni Barbeque to honor the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Circuit Court. The barbeque is representative of our desire to continue our personal involvement in our State's political process. This year's Fourteenth Annual Barbeque will be held on Tuesday, May 16, 1989 at 6:30 P.M. in the Cantey Building at the State Fairgrounds. Dress will be casual. Everyone attending must be at least 21 years of age.

We would like to extend an invitation to you, the members of the House of Representatives, and your spouses or escorts to be our honored quests for the evening. We would also like to include your staff personnel, clerks, and attaches. A formal invitation will be sent to you and to the members of the House about 10 days prior to the dinner. I am sending this information to you in order for this date to be placed on the House Calendar.

We are looking forward to having you, the members of the House, your spouses or escorts, and your staff members with us on this evening.

Sincerely,
Thomas S. Linton, Jr.
Class of '68

April 3, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Travel and Tourism Forum would like to extend an invitation to the members of the House, their spouses and key staff to a reception in your honor on Wednesday, May 17, 1989, from 6:00 to 8:00 P.M. at the Riverbanks Zoo in Columbia. We invite you to "Get Wild About South Carolina" and enjoy a "safari" of food and activity from across our state.

We expect to have a large number of tourism and travel industry leaders on hand from across the state for our legislative reception. This special event is being planned as one of several special activities during National Tourism Week.

We look forward to having you join us on May 17.

Sincerely,
John F. Curry
Chairman

Received as information.

INVITATION

The following was not taken up for consideration in accordance with Rule 4.13 of the House.

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

Dear Rep. Foster:

The Freshmen Caucus of the House of Representatives cordially invites you and your staff only to attend the Annual Freshmen Caucus party to be held on Tuesday, May 23, 1989, from 6:00 until -- at Pine Island. (Map attached)

You will need to RSVP in order to receive your tickets which are mandatory for entry.

We look forward to your joining us for what promises to be a very enjoyable evening.

RSVP - Carolina Gribble
734-3013
Ray Goude
734-3261

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1083)
House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 10, 1989 regulations concerning Practice and Procedure from the S.C. Public Service Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1104)
House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 10, 1989 regulations concerning Gas Utilities from the South Carolina Public Service Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1105)
House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 10, 1989 regulations concerning Electric Utilities from the S.C. Public Service Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1085)
House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 10, 1989 regulations concerning Telecommunications from the S.C. Public Service Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1107)
House of Representatives

Dear Mr McKinney:

Pursuant to Act 176 of 1977, I have received on April 10, 1989 regulations concerning Water Utilities from the S.C. Public Service Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1084)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 10, 1989 regulations concerning Motor Carriers from the S.C. Public Service Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1106)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 10, 1989 regulations concerning Sewerage Utilities from the S.C. Public Service Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 13, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1119)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 13, 1989 regulations concerning Practice of Geologists from the S.C. State Board of Registration for Geologists.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 13, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1123)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, l have received on April 13, 1989 regulations concerning licensing fees and continuing education from the S.C. State Board of Social Work Examiners.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

REPORTS OF STANDING COMMITTEE

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

H. 3395 -- Rep. Fair: A BILL TO MAKE IT UNLAWFUL TO FAIL TO INFORM A WOMAN SEEKING AN ABORTION OF THE AVAILABILITY OF ANESTHETICS OR ANALGESICS THAT WILL ELIMINATE OR ALLEVIATE PAIN TO THE FETUS CAUSED BY THE METHOD OF ABORTION, TO DEFINE TERMS, TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 3378 -- Rep. Hayes: A BILL TO AMEND SECTION 23-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE OF CERTAIN PUBLIC RECORDS IN SEPARATE BOOKS BY THE SHERIFF, SO AS TO AUTHORIZE THE SHERIFF TO MAINTAIN THESE RECORDS IN A COMPUTER SYSTEM OR TRANSFER THEM TO A MICROFILM SYSTEM INSTEAD OF BEING KEPT IN SEPARATE BOOKS.

Ordered for consideration tomorrow.

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

H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE: DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.

Ordered for consideration tomorrow.

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

H. 3512 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-110 SO AS TO PROVIDE THAT BEFORE A COUNTY OR MUNICIPAL CORPORATION MAY ACCEPT A DEED TO A ROAD OR AGREE TO MAINTAIN A ROAD IT SHALL OBTAIN AN AFFIDAVIT FROM THE DONOR AND THE CONTRACTOR WHO CONSTRUCTED THE ROAD THAT ALL CONSTRUCTION COSTS HAVE BEEN PAID AND THAT THE ROAD IS FREE OF ALL ENCUMBRANCES.

Ordered for consideration tomorrow.

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

H. 3748 -- Rep. J. Baxley: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3936 -- Reps. Blackwell and Hallman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MORE VIGOROUSLY ENFORCE THE LAWS OF THIS STATE REQUIRING THE DEPARTMENT TO RECOVER MOTOR VEHICLE REGISTRATION PLATES FROM UNINSURED MOTOR VEHICLES.

The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3937 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS AMY GREEN OF INMAN IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3938 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS MEREDITH FLOYD OF SPARTANBURG IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3939 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS LISA CANNON OF INMAN IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3940 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS JENNI BYRUM OF CHESNEE IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3941 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS HEATHER RIVERS OF SPARTANBURG IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3942 - Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS BECKY TOWNSEND OF INMAN IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3943 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS SUSAN HARBISON OF SPARTANBURG IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 672 -- Senators Lourie, Patterson and Giese: A CONCURRENT RESOLUTION TO SALUTE MS. JOYCE MYRICK OF COLUMBIA FOR HER COURAGEOUS ACT OF HEROISM AS SHE BRAVELY CAME TO THE AID OF A RICHLAND COUNTY DEPUTY SHERIFF WHEN HE ATTEMPTED TO SUBDUE AN ESCAPED FELON.

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. 675 -- Senators Martschink, Giese, Courson, Mullinax, O'Dell, Drummond, Rose and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE FORT JACKSON, A BASIC TRAINING CENTER LOCATED IN COLUMBIA, UPON BEING NAMED THE WORLD'S BEST UNITED STATES ARMY BASE OF 1988.

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

CONCURRENT RESOLUTION

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

S. 677 -- Senators Pope, Lourie, Martin and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 3, 1989, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS OF JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1989; AND TO ELECT SUCCESSORS FOR THE UNEXPIRED TERMS OF THE FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE AT-LARGE JUDGE OF THE CIRCUIT COURT, SEAT 6.

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

That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives on May 3, 1989, at 12:00 noon for the purpose of electing successors to the Judges of the Court of Appeals for Seats 3 and 4; for successors to the Circuit Court Judges of the Fifth, Seventh, Ninth, and Tenth Circuits: and successors to Family Court Judges of the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Circuits, all of whose terms expire on June 30, 1989, and to elect successors for the unexpired portion of the terms of Family Court Judge, Fourth Judicial Circuit, Seat 3, and the At-Large Circuit Court Judge, Seat 6.

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

CONCURRENT RESOLUTION

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

S. 678 -- Senators Long, Hinds, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1989, AS "SOUTH CAROLINA TOURISM MONTH" TO BE OBSERVED WITH SPECIAL EVENTS PARTICULARLY DURING THE WEEK OF MAY 14-20, 1989, WHICH HAS BEEN DESIGNATED BY CONGRESS AS NATIONAL TOURISM WEEK.

Whereas, South Carolina offers a wide variety of outstanding scenic, historic, recreational, and vacation attractions and an abundance of things to see, do, and enjoy during all seasons of the year and in all areas of the State from the mountains, lakes, parks, and resort islands to the beaches of our coast; and

Whereas, tourism and travel comprise the second largest industry in our state, bringing in over 4.66 billion dollars and providing jobs for over ninety-eight thousand five hundred residents; and

Whereas, the State and all South Carolinians benefit from the economic impact of visitors, including the direct infusion of 239 million dollars in state tax revenues, expansion of local tax bases, and creation of additional tax revenues as tourism-travel dollars circulate through the State; and

Whereas, the latest available statistics from the South Carolina Tax Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Employment Security Commission, State Treasurer's office, and other state sources reveal that tourism-generated income, jobs, and tax revenues in South Carolina have continued to increase; and

Whereas, the Department of Parks, Recreation and Tourism's record-setting advertising campaign has been a major impetus toward a very successful 1989 year for tourism across the Palmetto State. The department's funds-sharing program and the infusion of accommodations tax funds has involved many smaller areas of the State in promoting tourism on the local level. The state welcome centers expect to contact more than five million travelers during 1988-89, and other advertising and promotional efforts have contributed to the steady growth of tourism; and

Whereas, the tourism and travel industry blends with other economic, industrial, and cultural progress in South Carolina and is compatible with the protection of our vital natural resources and enhancement of the quality of life for all residents of the State; and

Whereas, the department is urged to continue its program to increase tourism in South Carolina, conduct research on the tourism industry, and report the progress of travel and tourism business periodically to the General Assembly; and

Whereas, the State should maintain the vitality of the tourism industry and develop it to the fullest potential through increased advertising, marketing, tourism research, investments and other means; and

Whereas, the Joint Legislative Committee on Tourism and Trade, the department and other state agencies, regional tourism promotion agencies, county and municipal governments, chambers of commerce and other promotion agencies, and travel-tourism serving businesses are encouraged to express appreciation to South Carolina's visitors, promote public awareness of the economic importance of travel and tourism, and invite people from all areas to visit South Carolina; and

Whereas, South Carolinians are encouraged to utilize the vacation opportunities in our fine State and express their appreciation to our visitors by continuing to provide them with the friendly and gracious hospitality that has done so much over the years to establish South Carolina as a major tourism and travel destination known around the world for its "smiling faces and beautiful places". Now, therefore,

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

That the members of the General Assembly designate the month of May, 1989, as "South Carolina Tourism Month" to be observed with special events particularly during the week of May 14-20, 1989, which has been designated by Congress as National Tourism Week.

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

CONCURRENT RESOLUTION

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

S. 679 -- Senators Hinds and Long: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1989, "WORKERS MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die with little attention each yea while performing their jobs, others die as the result a occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1988, thirty-nine workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

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

That April 28, 1989, be commemorated as "Workers Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

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. 680 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER COUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE FOR BEING NAMED THE OUTSTANDING PROGRAM OF THE YEAR FOR 1988" AND THE "OUTSTANDING TREATMENT PROGRAM FOR 1988" BY THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE.

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

INTRODUCTION OF BILLS

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

H. 3944 -- Reps. T.M. Burriss and Cork: A BILL TO AMEND SECTION 61-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF BEER AND WINE, SO AS TO PROVIDE FOR SUCH SALES AT SPORTING EVENTS OF NONPROFIT ENTITIES UPON THE CONSENT OF THEIR RESPECTIVE GOVERNING BODIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3945 - Reps. T.M. Burriss, H. Brown, M.D. Burriss, Wilder, Ferguson, Cork, Corning, Boan, Clyborne, Baker McCain, Hearn, Vaughn, Haskins, Kirsh, Nesbitt, Baxley and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-16 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO AFFIX THE NAME OR SIGNATURE OF A REAL PERSON WITHOUT HIS CONSENT OR THE NAME OF FICTIONAL PERSON TO A WRITTEN OR ORAL COMMUNICATION OR ADVERTISEMENT WHICH SEEKS TO INFLUENCE THE PASSAGE OR DEFEAT OF STATE OR FEDERAL LEGISLATION OR LOCAL GOVERNMENT ORDINANCES OR DECISIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3946 -- Rep. Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-275 SO AS TO PROVIDE THAT THE PRICES CHARGED FOR PETROLEUM PRODUCTS IN THIS STATE OF AN ENTITY ENGAGED IN THE PETROLEUM INDUSTRY, WHICH HAS A TANKER OR OTHER CONVEYANCE THAT HAS AN OIL SPILL OF ONE MILLION GALLONS OR MORE, MAY NOT BE INCREASED UNTIL THE CLEAN-UP OF THE SPILL IS COMPLETED, TO PROVIDE PENALTIES FOR VIOLATION, AND TO MAKE THESE PROVISIONS RETROACTIVE TO MARCH 24, 1989.

Referred to Committee on Labor, Commerce and Industry.

H. 3947 -- Reps. Rudnick, Huff, Washington, Phillips, Baxley and Lockemy: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE SURRENDER OF A DRIVER'S LICENSE UPON CONVICTION FOR OFFENSES WHICH REQUIRE AS PART OF THE PUNISHMENT TO BE IMPOSED THE REVOCATION OR SUSPENSION OF THE DRIVER'S LICENSE, SO AS TO EXTEND THE TIME WITHIN WHICH A MAGISTRATE OR CLERK OF COURT HAS TO FORWARD THE DRIVER'S LICENSE AND RELATED MATERIAL TO THE DEPARTMENT' OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO PROVIDE THAT THE PENALTY PROVISIONS TO WHICH A MAGISTRATE OR CLERK OF COURT IS SUBJECT TO FOR FAILURE TO FORWARD THE DRIVER'S LICENSE AND RELATED MATERIAL WITHIN THE REQUIRED TIME ONLY APPLY TO INTENTIONAL AS WELL AS WILFUL VIOLATIONS.

Referred to Committee on Judiciary.

H. 3948 -- Reps. Rudnick, Washington, Phillips and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-55 SO AS TO PROHIBIT THE SALE OR OFFER FOR SALE OF A MANUFACTURED HOME AFTER JULY 1, 1989, UNLESS A SPRINKLER SYSTEM IS INSTALLED, AND TO AUTHORIZE THE STATE FIRE MARSHAL TO PROMULGATE REGULATIONS RELATING TO THE TYPE OF SPRINKLER SYSTEM REQUIRED.

Referred to Committee on Labor, Commerce and Industry.

H. 3949 -- Reps. Fant, Barfield, Davenport and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA 1976, BY ADDING CHAPTER 66 TO TITLE 59 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO IMPLEMENT A PROGRAM FOR MANDATORY DRUG TESTING OF SCHOOL TEACHERS.

Referred to Committee on Education and Public Works.

H. 3950 -- Rep. Fant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-120 SO AS TO EXTEND THE STATUTE OF LIMITATIONS FOR THE FILING OF CLAIMS AND SUITS AGAINST CORPORATIONS AND OTHER EMPLOYERS RELATING TO CLAIMS FILED WITH THE STATE HUMAN AFFAIRS COMMISSION.

Referred to Committee on Judiciary.

H. 3951 -- Reps. Hayes and Fair: A BILL TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO ESTABLISH THE OFFENSES OF FELONY DUI IN THE FIRST DEGREE IF A DEATH RESULTS AND FELONY DUI IN THE SECOND DEGREE IF GREAT BODILY INJURY RESULTS, AND TO FURTHER PROVIDE FOR THE PENALTIES AND OTHER SANCTIONS FOR VIOLATION, AND TO ADD THESE FELONIES TO THE LIST OF CRIMES CLASSIFIED AS FELONIES UNDER SECTION 16-1-10.

Referred to Committee on Judiciary.

H. 3952 -- Reps. Hayes and Wilkins: A BILL TO AMEND CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOLARSHIPS AND EDUCATION, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR FREE TUITION FOR PERSONS SERVING IN THE SOUTH CAROLINA NATIONAL GUARD.

Referred to Committee on Education and Public Works.

S. 178 -- Senators Martschink, Passailaigue, Waddell, McConnell, Williams, Horace C. Smith and Giese: A BILL TO AMEND SECTION 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE CHAPTER PROVIDING FOR BEACH MANAGEMENT, SO AS TO PROVIDE FOR AN ADDITIONAL EXEMPTION.

Referred to Committee on Agriculture and Natural Resources.

S. 516 -- Senator Drummond: A BILL TO DIRECT THE CODE COMMISSIONER TO MAKE CHANGES OF WORDS, PHRASES, AND TERMS RELATIVE TO FISH AND GAME LAWS; TO AMEND SECTION 50-15-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONGAME AND ENDANGERED SPECIES, SO AS TO DELETE PROVISIONS AUTHORIZING AGREEMENTS BETWEEN THE WILDLIFE AND MARINE RESOURCES COMMISSION AND OTHER ENTITIES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-1-05 AND 50-3-75 SO AS TO DEFINE TERMS RELATIVE TO THE CONSERVATION AND BOATING LAWS OF THE STATE AND THE POWERS AND DUTIES OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT; AND TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, 50-21-1010, AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION.

Referred to Committee on Agriculture and Natural Resources.

S. 561 -- Senators Nell W. Smith, Moore and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1897 SO AS TO PROVIDE FOR THE ADOPTION AND BIRTH PARENT SERVICES PROGRAM WITHIN THE DEPARTMENT OF SOCIAL SERVICES TO BE THE ONLY PUBLIC ADOPTION PROGRAM IN SOUTH CAROLINA.

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

S. 648 -- Senator Rose: A BILL TO AMEND SECTION 17-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DELETE DORCHESTER COUNTY FROM THOSE COUNTIES PROHIBITED FROM HOLDING AN INQUEST EXCEPT UPON THE WRITTEN REQUEST OF TWO CITIZENS.

Referred to Dorchester Delegation.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Chamblee               Clyborne
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Faber                  Fair                   Fant
Farr                   Felder                 Glover
Gordon                 Gregory                Hallman
Harris, P.             Harwell                Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Kirsh
Klapman                Koon                   Limehouse
Littlejohn             Lockemy                Manly
Mappus                 Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Winstead               Wofford
Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 18, 1989.
John Williams     Robert A. Kohn

Harriet Keyserling                Steve Lanford
C. Lenoir Sturkie                 Denny Neilson
Jean Harris                       Tee Ferguson
Danny Martin                      Dick Elliott
Larry Gentry                      Samuel R. Foster
Thomas E. Huff                    Derham Cole
Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the week due to being out of the country.

The SPEAKER granted Rep. CARNELL a leave of absence for the week due to out of state business.

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

MOTION ADOPTED

Rep. G. BROWN moved that when the House adjourns it adjourn in memory of Mrs. Purvis Collins, which was agreed to.

H. 3832-AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 3832 -- Rep. McTeer: A BILL TO PROVIDE FOR THE COMPOSITION AND ELECTION OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2 TRUSTEES AND A METHOD FOR FILLING VACANCIES, AND TO REPEAL ACTS 547 AND 549 OF 1982.

Rep. McTEER proposed the following Amendment No. 1 (Doc. No. 3617U), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. (A) Beginning with the general election for the terms which begin in 1991, and for all other terms following, vacancies on the Hampton County School Trustees 1 and 2 must be filled by alternates. An alternate must be determined as follows:

After the winning candidates for the new terms have been officially declared, the next two candidates with the highest number of votes must be designated as alternates. The person's official term and designation as an alternate begins as soon as the winning candidates have been officially declared. For the purpose of filling vacancies, the alternate with the highest number of votes must be given priority.

(B) No person may be designated as an alternate for more than eighteen months from the beginning of the term in which he was a candidate./

Amend the bill further by striking SECTION 3 and inserting:

/SECTION 3. A vacancy must be filled by an alternate unless the vacancy occurs six months before the next general election. If a vacancy occurs six months before the expiration of a term, the position remains vacant until the expiration of the term. If the vacancy occurs six months before the next general election, it must be filled by an alternate from the upcoming general election unless the vacancy occurs within the last six months of the term./

Renumber sections to conform.

Amend title to conform.

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

SENT TO THE SENATE

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

H. 3636 -- Rep. Lockemy: A BILL TO AMEND SECTION 44-6-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT AND, AMONG OTHER THINGS, TO CONFIDENTIAL INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF UNIFORM BILLING SYSTEM DATA AND OTHER NECESSARY DATA WITH PATIENT AND HOSPITAL IDENTIFICATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT DISEASE AND INJURY SURVEILLANCE STUDIES, RESTRICT THE RELEASE OF THE INFORMATION PROVIDED TO THE DEPARTMENT, AND ALLOW THE DEPARTMENT TO PUBLISH THE RESULTS OF ITS SURVEILLANCE STUDIES AND TO AMEND SECTION 44-6-180, RELATING TO THE MEDICALLY INDIGENT ASSISTANCE ACT AND THE CONFIDENTIALITY OF PATIENT RECORDS, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED AS LIMITING ACCESS TO INFORMATION NEEDED BY THE DEPARTMENT TO CONDUCT DISEASE AND INJURY SURVEILLANCE STUDIES.

H. 3240 -- Rep. Limehouse: A BILL TO REPEAL SECTIONS 17-7-50 AND 17-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A CORONER OR MAGISTRATE FROM HOLDING AN INQUEST OVER A DEAD BODY EXCEPT UPON THE WRITTEN REQUEST OF TWO REPUTABLE CITIZENS RESIDING IN THE NEIGHBORHOOD WHERE THE DEAD BODY IS FOUND, AND TO THE PROVISIONS WHICH MAKE SECTION 17-7-50 NOT APPLICABLE TO COUNTIES IN WHICH CORONERS ARE PAID SALARIES, WITH CERTAIN EXCEPTIONS.

H. 3847 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES BY SETTING FORTH RELATED DEFINITIONS, LICENSING AND REGULATING REQUIREMENTS, FINANCIAL DUTIES, DISCLOSURE REQUIREMENTS, THE ESTABLISHMENT OF A COMPLAINT SYSTEM, BILLING REQUIREMENTS, EXAMINATION OF THE COMMUNITIES, EXEMPTIONS, ESTABLISHMENT OF AN ESCROW ACCOUNT, SANCTIONS FOR NONCOMPLIANCE, THE APPEAL PROCESS, PENALTIES FOR VIOLATIONS, A WAIVER OF REQUIREMENTS, AND EFFECTIVE DATE OF CHAPTER REQUIREMENTS FOR CERTAIN COMMUNITIES.

ORDERED ENROLLED FOR RATIFICATION

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

S. 237 -- Senators Lee, Horace C. Smith, Leventis, Thomas, Giese, Setzler, Wilson, Courson, Peeler, Shealy, Stilwell, Pope, Hayes, Saleeby, Patterson, Bryan, Land, Matthews, Drummond, McConnell, Leatherman, Lourie, McLeod and Fielding: A BILL TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT THE CHIEF DEPUTY OR SECOND-IN-COMMAND OF THE SHERIFF'S OFFICE SHALL ACT AS SHERIFF, AND IS SUBJECT TO THE DUTIES AND LIABILITIES INCIDENT TO THE OFFICE OF SHERIFF, UNTIL THE VACANCY IS FILLED AND TO REPEAL SECTIONS 23-11-50, 23-11-60, 23-11-70, 23-11-80, 23-11-90, AND 23-11-100 RELATING TO THE RESPONSIBILITIES OF THE COUNTY CORONER AND CLERK WHEN THERE IS A VACANCY IN THE OFFICE OF SHERIFF.

H. 3224-DEBATE ADJOURNED

The following Bill was taken up.

H. 3224 -- Reps. J. Brown, Washington, Felder, J. Bailey, White, D. Martin, Harvin, Glover, K. Bailey, Taylor, McBride, Davenport, Altman, Mattos, Gordon, Fant and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.

AMENDMENT NO. 1-TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 12, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. G. BAILEY explained the amendment and moved to table the amendment, which was agreed to.

Reps. G. BAILEY and J. BROWN proposed the following Amendment No. 2 (Doc. No. 3646U).

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 31-17-45. No contract of sale for a mobile home between a retail dealer and a purchaser who intends to place the mobile home on a lot in this State may be consummated unless there is attached to and incorporated into the contract certificates from the South Carolina Department of Health and Environmental Control, and any applicable local zoning authority, that the lot specified by the purchaser as the site on which the mobile home is to be located:

(1) meets applicable zoning requirements;

(2) meets or may be made to meet regulations of the South Carolina Department of Health and Environmental Control governing wells and septic tanks, if the lot is served or is to be served by a well or septic tank, or both."/

Renumber sections to conform.

Amend title to conform.

Rep. G. BAILEY explained the amendment and moved to adjourn debate upon the Bill until Wednesday, April 19, which was adopted.

ORDERED TO THIRD READING

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

H. 3574 -- Rep. Beasley: A BILL TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.

H. 3523 -- Reps. Moss and Felder: A BILL TO AMEND SECTION 40-71-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY OF MEMBERS OF CERTAIN PROFESSIONAL COMMITTEES, SO AS TO EXEMPT COMMITTEES APPOINTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REVIEW PATIENT MEDICAL AND HEALTH RECORDS IN ORDER TO STUDY THE CAUSES OF DEATH AND DISEASE; AND TO AMEND SECTION 40-71-20, RELATING TO THE CONFIDENTIALITY OF CERTAIN PROCEEDINGS, RECORDS, AND INFORMATION, SO AS TO PROVIDE THAT THE CONFIDENTIALITY PROVISIONS DO NOT PREVENT COMMITTEES APPOINTED BY THE DEPARTMENT FROM ISSUING REPORTS SOLELY CONTAINING NONIDENTIFYING DATA AND INFORMATION.

H. 3877 -- Rep. McLellan: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO AUTHORIZE THE BOARD OF VISITORS OF THE CITADEL TO ISSUE STUDENT AND FACULTY HOUSING REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF STUDENT AND FACULTY HOUSING AND RELATED AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM STUDENT AND FACULTY HOUSING AND AUXILIARY FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS; AND TO REPEAL ACT 619 OF 1967 AND SECTION 7 OF ACT 194 OF 1979 RELATING TO THE AUTHORIZATION OF THE BOARD OF VISITORS TO ISSUE STUDENT HOUSING RENOVATION BONDS.

Rep. McLELLAN explained the Bill.

H. 3877-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3877 be read the third time tomorrow.

H. 3577-DEBATE ADJOURNED

The following Bill was taken up.

H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3576U).

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

/SECTION 1. Section 23-45-150 of the 1976 Code is amended to read:

"Section 23-45-150. Whenever the State Fire Marshal has reason to believe that any a person is or has been violating any a provision of this chapter, unless otherwise specifically provided in this chapter, he or his deputy or assistant may issue and deliver to the person an order to cease and desist such the violation. The State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars, for each day the violation exists. Violation of any a provision of this chapter or failure to comply with a cease and desist order is cause for revocation of the license. Decisions may be appealed as provided for in Section 23-9-70 of the 1976 Code Article 3. Chapter 23 of Title 1 (the Administrative Procedures Act)."

SECTION 2. Section 23-46-160 of the 1976 Code is amended to read:

"Section 23-45-160. Every rented dwelling unit within an apartment house having no fire protection system must be provided at the time of occupancy with an approved listed operable UL-approved smoke detector, installed and maintained in accordance with the manufacturer's recommendation and listing. The smoke detector must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the rented dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. In rented dwelling units with split levels, a smoke detector must be installed only on the upper level, if the lower level is less than one full story below the upper level, except that if there is a door between levels, then a detector is required on each level. Detectors must be connected to a sounding device or other detector to provide an alarm which must be is audible in the sleeping areas. Smoke detectors must be listed and meet the installation requirements of National Fire Protection Association Standard 72A and National Fire Protection Association Standard 74.

Renters must provide replacement batteries as needed during occupancy and must report to the owner a defect which renders the detector inoperable.

The State Fire Marshal shall enforce the provisions of this section. Whenever the State Fire Marshal has reason to believe that a person is or has been violating a provision of this section, he may issue and deliver an order to cease and desist the violation. If the violation has not been corrected within forty-eight hours, the State Fire Marshal may impose a penalty of three dollars a day until the violation is removed.

If the smoke detector malfunctions, and the malfunctioning is caused by the tenant's intentional or negligent act, the landlord is not liable for damage caused by the malfunctioning of the device if the fire causing the damage is not the result of the landlord's intentional or negligent act.

If the smoke detector malfunctions, and the malfunctioning is caused by the negligent production of the device, the landlord is not liable for damage caused by the malfunctioning if the landlord had no knowledge of the defective condition and exercised reasonable care in the acquisition and installation of the device, and if the fire causing the damage is not the result of the landlord's intentional or negligent act.

The South Carolina Fire Commission shall promulgate regulations to carry out the provisions of this section.

Notwithstanding any other provision of law, this section shall take effect one year after approval by the Governor."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. LOCKEMY explained the amendment and moved to adjourn debate upon the Bill until Wednesday, April 19, which was adopted.

H. 3509-DEBATE ADJOURNED

The following Bill was taken up.

H. 3509 -- Rep. Fetter: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE FOR MEDICARE PATIENT DAYS AND DELETE THE NURSING HOME VIOLATION FOR EXCEEDING THE NUMBER OF PERMITTED MEDICAID PATIENT DAYS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3425U).

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

/SECTION 1. Article 2, Chapter 7, Title 44 of the 1976 Code, as added in Act 184 of 1987, is amended to read:

"Article 2
Medicaid Nursing Home Permits

Section 44-7-80. For the purposes of this article:

(1) 'Nursing home' means a facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours, which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing intermediate or skilled nursing care for persons who are not in need of hospital care.

(2) 'Medicaid nursing home permit' means a permit to serve Medicaid patients in an appropriately certified nursing home.

(3) 'Medicaid patient' means a person who is eligible for Medicaid (Title XIX) sponsored long-term care services.

(4) 'Medicaid patient day' means a day of nursing home care for which a nursing home receives Medicaid reimbursement.

(5) 'Department' means the Department of Health and Environmental Control.

Section 44-7-82. No nursing home may provide care to Medicaid patients without first obtaining a permit in the manner provided in this article.

Section 44-7-84. (A) In the annual appropriations act, the General Assembly shall establish the maximum number of Medicaid patient days for which the department is authorized to issue Medicaid nursing home permits.

(B) Based on a method the department develops for determining the need for nursing home care for Medicaid patients in each area of the State, the department shall determine the distribution of Medicaid patient days for which Medicaid nursing home permits can be issued. The department shall promulgate by regulation the method and criteria it will use to choose among competing applications if there are applications for more Medicaid patient days than allocated to an area of the State. These criteria shall must give preference to nursing homes seeking to renew their Medicaid nursing home permits. The number of Medicaid patient days allocated to a nursing home must not be decreased from the previous year's allocation unless requested by the nursing home. However, if the maximum number of Medicaid patient days authorized by the General Assembly is decreased, the nursing home may be required to absorb a proportionate decrease in its Medicaid patient days' allocation.

(C) Within sixty days of the effective date of the annual appropriations act, all nursing homes desiring to serve Medicaid patients must shall apply to the department for a Medicaid nursing home permit. The application must state the specific number of Medicaid patient days the nursing home will provide.

Section 44-7-88. Nursing home patients may must not be involuntarily discharged involuntarily or transferred due to their Medicaid status. Medicare reimbursable days may be used in lieu of or in addition to Medicaid reimbursable days. If no Medicaid patients are waiting for admission to the nursing home, or if for some other reason a nursing home anticipates the possibility that the home cannot satisfy the Medicaid nursing home permit requirements, the home may request a waiver of the permit requirements from the department.

Section 44-7-90. (A) Based on reports from the State Health and Human Services Finance Commission, the department shall determine each nursing home's compliance with its Medicaid nursing home permit. Violations of this article include:

(1) a nursing home exceeding by more than ten percent the number of Medicaid patient days stated in its permit;

(2)(1) a nursing home failing to provide providing at least ten percent fewer Medicaid or Medicare patient days than the number stated in its permit;

(3)(2) the provisions provision of any Medicaid patient days by a home without a Medicaid nursing home permit.

(B) Each Medicaid patient day above or below the allowable range is considered a separate violation. The department may levy a fine not to exceed the average rate per for each Medicaid patient day times each violation. Appeals from this action must comply with the appropriate provisions of Chapter 23 of Title 1."

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

Amend title to conform.

Rep. BAKER explained the amendment and moved to adjourn debate upon the Bill until Wednesday, April 19, which was adopted.

H. 3659-POINT OF ORDER

The following Joint Resolution was taken up.

H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3464U).

Amend the Joint Resolution, as and if amended, by striking subsection (B) of SECTION 4.

Renumber subsections to conform.

Amend title to conform.

Rep. J. BROWN explained the amendment.

POINT OF ORDER

Rep. KLAPMAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 3895-COMMITTED

The following Bill was taken up.

H. 3895 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 70 SO AS TO PROVIDE FOR THE REGULATION OF "UTILIZATION REVIEWS" AND "PRIVATE REVIEW AGENTS" IN REGARD TO HEALTH CARE SERVICES GIVEN OR PROPOSED TO BE GIVEN TO A PATIENT OR A GROUP OF PATIENTS.

Rep. L. MARTIN moved to commit the Bill, to the Committee on Labor, Commerce and Industry.

Rep. BAKER moved to table the motion, which was not agreed to by a division vote of 31 to 33.

The question then recurred to the motion to commit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

Rep. G. BROWN moved that the House recede until 2:15 P.M., which was rejected by a division vote of 8 to 73.

Rep. DAVENPORT moved that the House do now adjourn, which was rejected.

H. 3695-AMENDED AND
ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3695 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.

Rep. HENDRICKS proposed the following Amendment No. 119 (Doc. No. 3606U), which was adopted.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section 73 . For the purpose of recovering motor vehicle registration plates as required by Section 56-10-40 of the 1976 Code, the department may contract with or make working arrangements with local law enforcement agencies including sheriffs and municipal law enforcement departments for them to also confiscate these plates, upon a contract or working arrangement being agreed to, these local law enforcement agencies are authorized to confiscate these plates. The local law enforcement agencies must be paid for this service in the manner agreed upon between them and the executive director from funds of the department which are to be used for this purpose./

Renumber sections to conform.

Amend title to conform.

Rep. HENDRICKS explained the amendment.

The amendment was then adopted.

Reps. RUDNICK, BAXLEY, WASHINGTON and PHILLIPS proposed the following Amendment No. 120 (Doc. No. 3607U), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION____. At the time the arresting officer cites a person for a violation of the uniform act regulating traffic on the highways, he must inform the violator:

(1) the number of points the violation carries with it;

(2) the possibility that the violator's automobile insurance premiums will increase as a result of the violation; and

(3) the violator has the right to a trial, including a jury trial./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment.

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

The amendment was then tabled by a division vote of 41 to 25.

Rep. RUDNICK proposed the following Amendment No. 121 (Doc. No. 3728U), which was rejected.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION____. A person charged with the violation of driving ten miles per hour or over the posted speed limit may not have an automobile insurance surcharge payment, for a first offense to exceed fifty dollars, for a second offense one hundred dollars, and for a third offense one hundred fifty dollars. These surcharge amounts must be charged over a three-year period./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. SIMPSON moved to table the amendment.

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

The House refused to table the amendment by a division vote of 23 to 61.

Reps. SIMPSON and R. BROWN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 14; Nays 92

Those who voted in the affirmative are:

Blanding               Brown, G.              Davenport
Farr                   Glover                 Harvin
Kirsh                  McAbee                 McLeod
Rudnick                Sharpe                 Short
Smith                  Stoddard

Total-14

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Baxley
Beasley                Bennett                Blackwell
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Derrick                Elliott
Faber                  Fair                   Fant
Felder                 Ferguson               Foster
Gentry                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Kay                    Keesley
Keyserling             Klapman                Kohn
Koon                   Lanford                Limehouse
Littlejohn             Lockemy                Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, T.
Sheheen                Simpson                Sturkie
Taylor                 Townsend               Tucker
Waites                 Waldrop                Wells
Wilder                 Wilkes                 Winstead
Wofford                Wright

Total-92

So, the amendment was rejected.

Reps. J.C. JOHNSON, J. BAILEY, T. ROGERS, J. ROGERS, HUFF, McELVEEN, CHAMBLEE, WASHINGTON, WAITES, WILKES, FABER, MANLY, D. MARTIN, KEESLEY, HODGES, SNOW, FANT, G. BAILEY, BARBER, WHITE, KEYSERLING, WHIPPER, ELLIOTT, FARR, MCBRIDE, J. BROWN, SMITH, BAXLEY, HARWELL, WHITE, HOLT, TUCKER, RUDNICK, WILDER, TOWNSEND, FERGUSON, P. HARRIS, RHOAD, FELDER, MCKAY, KAY, J. BROWN, LOCKEMY, J. WILLIAMS, DAVENPORT, GREGORY, BLANDING, K. BAILEY, GORDON, SHORT, GLOVER, BARFIELD, NESBITT, HAYES, PHILLIPS, WILKINS, JASKWHICH, MOSS, and McEACHIN proposed the following Amendment No. 124 (Doc. No. 3733U), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

SECTION 74. A. Chapter 77 of Title 38 of the 1976 Code is amended by adding:

"Article 2
Sticker or Emblem Evidencing Insurance
Coverage to be Affixed to Motor Vehicles

Section 38-77-80. (A) The owner of a motor vehicle registered in this State who is required by Section 56-10-10 to provide the security required for the maintenance or use of the vehicle and who has owned the motor vehicle for thirty days or more shall, as prima facie evidence that the security is currently in full force and effect, affix on the front windshield an identifying sticker or emblem which indicates the month, day, and year for which the policy has been paid plus any grace period allowed by the company. However, if requested by the insured to issue the sticker or emblem for a period less than the paid-up period, the sticker or emblem must be issued for periods of three months. If the payment for the insurance policy is made on a monthly basis the sticker or emblem must be issued for a three month period.

(B) The form and content of the sticker or emblem required by subsection (A) must be prescribed by regulation of the Chief Insurance Commissioner. All stickers or emblems must be supplied by or under the authority of the Department of Highways and Public Transportation and must be serially numbered and must be an easily removable void sticker. Insurance companies must purchase the stickers or emblems from the department at a cost not to exceed five cents each. The department shall require monthly reports be made to the department by persons to whom stickers or emblems have been supplied which must include, at least, the number of the sticker or emblem, the serial number of the motor vehicle for which it was issued, the name of its owner, and the date issued.

(C) All stickers or emblems issued pursuant to this section are the property of the State and must be permanently affixed by the owner to the vehicle covered by the required security only during the time for which the security which it represents remains in full force and effect. Every vehicle owner shall immediately remove from the vehicle any sticker or emblem purporting to represent security which he knows has been terminated, canceled, impaired, expired, or is otherwise ineffective.

(D) When a vehicle owner meets the security requirements of this section through the purchase of a contract of insurance, the authorized insurance company or its authorized agent with which he has contracted for the security shall provide within fifteen days from receipt and deposit of the premium payment, a sticker or emblem as described in subsection (A). The commissioner shall furnish or authorize for each insurer sufficient quantities of the stickers or emblems as they may require for each vehicle which the insurer reasonably expects to insure during each annual period for which its policies of insurance are expected to be in force.

(E) To receive a refund from an insurance company for policies canceled before the date on the sticker or emblem, a copy of the bill of sale, if applicable, must be sent to the insurer along with the current sticker or emblem. The request for refunds must be postmarked within thirty days of the date of the sale of the motor vehicle.

(F) Every insurance company shall provide notice of a cancellation of a policy to the Department of Highways and Public Transportation within thirty days following the cancellation of the policy.

(G) The vehicle being operated in this State which does not have the requisite sticker or emblem affixed to the vehicle as required by this article or which has affixed a sticker or emblem which is invalid must have the license plates removed from the motor vehicle by the law enforcement officer at the time of the violation. In addition, the owner of the vehicle is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars. If, within ten days of the confiscation of the license plates, proof is provided by the owner of the vehicle that security required by this article was in effect at the time the license plates were removed, the vehicle's license plates must be returned to the owner. If no proof is provided that security existed at the time the license plates were removed, the owner is guilty of a misdemeanor and, upon conviction, must have the license plates on this motor vehicle suspended until he can demonstrate to the Department of Highways and Public Transportation that he has a paid-up policy for one year in effect on the motor vehicle and pays a two hundred dollar fine, one-half of which must be returned to the law enforcement agency making the arrest.

(H) (1) No person may:

(a) alter a sticker or emblem issued under the provisions of this article;

(b) manufacture, possess, or display an imitation or counterfeit sticker or emblem;

(c) remove a sticker or emblem from a motor vehicle unless he is the owner of the motor vehicle or removes the sticker or emblem at the request or direction of the owner.

(2) Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, for each violation must be fined in an amount not to exceed two hundred dollars or imprisoned for a period not to exceed thirty days."

B. This Section is effective January 1, 1990./

Renumber SECTIONS to conform.

Amend title to conform.

Rep. J.C. JOHNSON explained the amendment.

POINT OF ORDER

Rep. MAPPUS raised the Point of Order that amendment No. 124 was out of order as it was not any different from a previous amendment which was defeated last week during the debate, and that the House would be voting on the same issue twice.

The SPEAKER stated that this was a new amendment adding a new section and it did differ in wording and intent from the other amendment and he overruled the Point of Order.

Rep. J.C. JOHNSON continued speaking.

Rep. HASKINS spoke in favor of the amendment.

Reps. HASKINS and CORBETT spoke in favor of the amendment.

Rep. FANT moved that the House do now adjourn, which was rejected.

Reps. McTEER and G. BROWN spoke in favor of the amendment.

Rep. WALDROP spoke against the amendment.

Rep. KOHN moved to table the amendment, which was not agreed to by a division vote of 28 to 78.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. FELDER, SHARPE, WINSTEAD, WASHINGTON, KLAPMAN, MOSS and J. ROGERS proposed the following Amendment No. 125 (Doc. No. 3734U), which was adopted.

Amend the bill, as and if amended, by striking Section 37-6-610, as contained in SECTION 24A, page 29, and inserting:

/Section 37-6-610. The Advocate is authorized to undertake periodic audits of insurance companies licensed to do business in South Carolina and regulated by the Insurance Department, as well as their sister affiliates, subsidiaries, and parent companies and the Reinsurance Facility./

Amend title to conform.

Rep. WINSTEAD explained the amendment.

The amendment was then adopted.

Rep. KLAPMAN moved that the House recede until 3:15 P.M. which was rejected.

Rep. RUDNICK proposed the following Amendment No. 126 (Doc. No. 3728U), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION _. A person charged with the violation of driving ten miles per hour or over the posted speed limit may not have an automobile insurance surcharge payment, for a first offense to exceed sixty dollars, for a second offense one hundred and twenty dollars, and for a third offense one hundred eighty dollars. These surcharge amounts must be charged over a three-year period./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. LIMEHOUSE moved to table the amendment, which was agreed to by a division vote of 73 to 23.

AMENDMENT NO. 29-
MOTION TO RECONSIDER TABLED

The motion of Rep. DAVENPORT to reconsider the vote whereby Amendment No. 29 was rejected was taken up.

Rep. DAVENPORT moved to table the motion to reconsider, which was agreed to.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 107; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Elliott
Faber                  Fair                   Fant
Farr                   Felder                 Ferguson
Foster                 Gentry                 Glover
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.G.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Lanford                Limehouse              Littlejohn
Lockemy                Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McBride                McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sheheen                Short
Simpson                Smith                  Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

Total--107

Those who voted in the negative are:

Brown, G.              Corning                Davenport
Derrick                Hallman                Kohn
Koon                   McAbee                 McCain
Sharpe                 Sturkie

Total-11

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

RECORD FOR VOTING

April 18, 1989

Due to my absence from Session on out-of-state business, I was unable to vote on House Bill 3695. Had I been present, I would have voted no on the passage of the Bill because I do not believe that it would save the consumer any money on their automobile insurance.

Rep. MARION P. CARNELL

RECORD FOR VOTING

I voted for H. 3695 even though it was far from what I had hoped it would be. However, in spite of this I believe it to be some improvement of the present law.

Rep. PAT B. HARRIS

H. 3695--STATEMENT FOR JOURNAL

The following members of the House, having voted for H. 3695, would make the following statement:

We supported the original Bill which was introduced by a 17-0 vote of the Committee on Labor, Commerce and Industry.

During the floor debate almost all of the key provisions of H. 3695 were deleted by lobbying from special interest groups. The final Bill which has been passed does not provide meaningful insurance premium relief for the consumers as the original Bill would have.

However, the final Bill does provide some necessary reform and, for that reason, we have voted in its favor. Our favorable vote should not be construed as approval of the actions taken by the House to decimate the premium reducing aspects of H. 3695.

Terry E. Haskins     Joyce Hearn

Henry E. Brown, Jr.     David Wright

Sandi S. Wofford     Carole Wells

John Rama     Thomas G. Keegan

Bill Cork     George H. Bailey

T.T. Mappus, Jr.     Danny M. Bruce

Lanny Littlejohn     Mike Jaskwhich

Dell Baker     Thomas A. Limehouse

Lewis Vaughn     Larry A. Martin

Jarvis R. Klapman     Mickey Burriss

Daniel E. Winstead

Rep. T. ROGERS moved that the House do now adjourn which was adopted.

ADJOURNMENT

At 2:05 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Mrs. Purvis Collins to meet at 10:00 A.M. tomorrow.


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