Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Father, the Real Presence of all who will claim that Presence, we close the doors of the noisy world as we pause at this alter of prayer to acknowledge Your sovereignty and our need of Your help. You have made us for Yourself, and our souls are restless until they find peace in You. May our failures prove but steppingstones to our better selves. Make us builders of roads of concord which shall make rough places smooth and deep ruts level, and of bridges of understanding which shall span chasms over which glad and eager feet shall walk in a world of peace.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. STUART moved that when the House adjourns, it adjourn in memory of Victor L. Odom, which was agreed to.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4515 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADD LEFT TURN PHASES OR ARROWS TO CERTAIN TRAFFIC SIGNALS IN ANDERSON COUNTY.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4523 -- Reps. Wells, Allison, Lanford, Littlejohn, Walker, Davenport, D. Smith and D. Wilder: A HOUSE RESOLUTION TO EXTEND STUDENTS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND AND THEIR TEACHERS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 16, 1994, FOR THE PURPOSE OF A MUSICAL PERFORMANCE.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4577 -- Reps. Wilkins, Vaughn, Baker, Cato, Jaskwhich, Clyborne and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 IN TITLE 7, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE FROM THIS STATE WHO HAVE SERVED FOR MORE THAN A SPECIFIED NUMBER OF YEARS IN THEIR OFFICES MAY NOT SEEK ELECTION TO THE SAME OFFICE EXCEPT BY A WRITE-IN CAMPAIGN WITH THESE LIMITS TO APPLY ONLY TO TERMS BEGINNING AFTER 1994 AND TO MAKE THIS ACT EFFECTIVE ONLY UPON A FAVORABLE VOTE IN A REFERENDUM HELD AT THE TIME OF THE 1994 GENERAL ELECTION.
Referred to Committee on Judiciary.
H. 4578 -- Reps. Wilkins, Vaughn, Baker, Cato, Jaskwhich, Clyborne and Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY THREE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY TWO FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES.
Referred to Committee on Judiciary.
H. 4579 -- Reps. Waites, McAbee, Wofford and Shissias: A BILL TO AMEND SUBARTICLE 4, ARTICLE 13, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO FOSTER CARE REVIEW BOARDS, SO AS TO REVISE BOARD PROCEDURES AND STANDARDS FOR REVIEW, TO ELIMINATE THE BOARD SUPPORTING THE DIVISION OF REVIEW OF THE FOSTER CARE OF CHILDREN IN THE OFFICE OF THE GOVERNOR, TO CHANGE THE PROCEDURES FOR SELECTION OF LOCAL BOARD MEMBERS, AND TO LIMIT BOARD MEMBER REIMBURSEMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4580 -- Reps. Davenport, Littlejohn, Walker, Allison, Moody-Lawrence, R. Young, Byrd, Quinn and Fair: A BILL TO AMEND SECTION 59-20-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE CERTAIN PROVISIONS WHICH REQUIRE EARLY CHILDHOOD AND ACADEMIC ASSISTANCE INITIATIVE PLANS TO CONTAIN MEASURES OF EFFECTIVENESS WHICH INCLUDE OUTCOME AND PROCESS INDICATORS OF IMPROVEMENT AND TO CONTAIN SPECIFIC INNOVATION INITIATIVES.
Referred to Committee on Education and Public Works.
H. 4581 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4582 -- Rep. McElveen: A BILL TO AMEND THE 1976 CODE BY ADDING ARTICLE 9 TO CHAPTER 15 OF TITLE 7, SO AS TO PROVIDE FOR EARLY VOTING BY PERSONAL APPEARANCE AND BY MAIL.
Referred to Committee on Judiciary.
H. 4584 -- Reps. Gonzales, R. Young, Holt, Wofford, H. Brown and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-60 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY IMPOSING A USER FEE WHICH IS BILLED ON AN AD VALOREM TAX NOTICE MAY BY ORDINANCE PROVIDE THAT AN UNPAID USER FEE CONSTITUTES A LIEN ON THE TAXABLE PROPERTY WHICH MAY BE ENFORCED AND COLLECTED AS PROPERTY TAXES ARE ENFORCED AND COLLECTED AND THIS LIEN HAS THE SAME PRIORITY AS A TAX LIEN.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
On motion of Rep. CLYBORNE, with unanimous consent, the following was taken up for immediate consideration:
H. 4583 -- Rep. Clyborne: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT JEFFREY NIELS THORDAHL, HOUSE OF REPRESENTATIVES LIAISON, OFFICE OF THE GOVERNOR, TO THE FLOOR OF THE HOUSE DURING THE 1994 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1994.
Be it resolved by the House of Representatives:
That in accordance with the provisions of Rule 10.1 of the Rules of the House of Representatives, Jeffrey Niels Thordahl, House of Representatives Liaison, Office of the Governor, is granted special leave of the House to be admitted in the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives at any time during the regular session of the General Assembly beginning January 11, 1994, and for any special session of the General Assembly such as may be ordered in 1994.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, H. Carnell Cato Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Snow Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, January 20.
Kenneth Kennedy Timothy C. Wilkes Roland Smith James G. Mattos C. Lenoir Sturkie Toney L. Farr Ronald P. Townsend C. D. Chamblee Roger M. Young Olin R. Phillips Larry L. Elliott Joe E. Brown Grady A. Brown Jerry N. Govan, Jr. Timothy F. Rogers John G. Felder Thomas E. Huff G. Ralph Davenport, Jr. Robert A. Barber, Jr. Alma W. Byrd Jennings G. McAbee Joseph T. McElveen, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. INABINETT a leave of absence for the day.
Rep. STUART, and the Lexington County Delegation, presented to the House the Swansea High School Tigers Football Team, winners of the 1993 State Class AA Championship, and its coaches.
Announcement was made that Dr. Bartolo Barone of Charleston is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1012 -- Senators Hayes, Peeler, Gregory and Short: A BILL TO DESIGNATE THE BOUNDARIES OF YORK SCHOOL DISTRICT 1, CLOVER SCHOOL DISTRICT 2, ROCK HILL SCHOOL DISTRICT 3, AND FORT MILL SCHOOL DISTRICT 4, ALL LOCATED IN YORK COUNTY.
H. 4567 -- Reps. Townsend, P. Harris, Cooper, Stille, Chamblee and Tucker: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
H. 4570 -- Reps. Baker and McMahand: A BILL TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.
H. 4572 -- Reps. Harwell, McKay, Askins and Houck: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 925 -- Senators Holland, Passailaigue, Ryberg, Courtney, Giese, Hayes, Lander and Martin: A BILL TO AMEND SECTION 1-30-10, AS LAST AMENDED BY ACT 181 OF 1993, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE GOVERNOR MAY APPOINT THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY AS THE PERMANENT DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.
Rep. HODGES explained the Bill.
H. 3325 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.
H. 3548 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, SIZE LIMITS, AND AREAS FOR TAKING ATLANTIC STURGEON, SO AS TO PROHIBIT THE POSSESSION OR SALE OF PART OF A STURGEON DURING THE CLOSED SEASON WITHOUT PROOF THAT THE PART WAS TAKEN LEGALLY.
Rep. SNOW explained the Bill.
H. 3980 -- Reps. Meacham and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-25-110 SO AS TO PROVIDE THE PROCEDURES FOR A CITY OR COUNTY IN SOUTH CAROLINA TO JOIN A REGIONAL TRANSPORTATION AUTHORITY CREATED BY A CONTIGUOUS STATE WITH THE ABILITY TO PLAN, OPERATE, AND PROVIDE TRANSPORTATION SERVICES IN SOUTH CAROLINA AND TO EXEMPT SUCH AUTHORITIES FROM SPECIAL PURPOSE DISTRICT NOTIFICATION TO THE SECRETARY OF STATE; AND TO AMEND SECTION 58-25-20, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY LAW DEFINITIONS, SO AS TO ADD THE DEFINITION OF "JOINT TRANSPORTATION AGENCY".
Rep. LANFORD explained the Bill.
On motion of Rep. SIMRILL, with unanimous consent, it was ordered that S. 1012 be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4567 be read the third time tomorrow.
On motion of Rep. BAKER, with unanimous consent, it was ordered that H. 4570 be read the third time tomorrow.
On motion of Rep. HARWELL, with unanimous consent, it was ordered that H. 4572 be read the third time tomorrow.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 925 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3325 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3548 be read the third time tomorrow.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3980 be read the third time tomorrow.
Rep. BEATTY moved to adjourn debate upon the following Bill until Thursday, January 27, which was adopted.
H. 4518 -- Reps. Davenport, Littlejohn, Allison, Wells, Lanford and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA, WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA AND THE SPARTANBURG COUNTY COMMISSION ON HIGHER EDUCATION, SHALL EMPLOY THE ADMINISTRATIVE OFFICERS AND FACULTY OF THE SPARTANBURG CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA.
Rep. SPEARMAN moved to adjourn debate upon the following Bill until Thursday, January 27, which was adopted.
H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.
The following Joint Resolution was taken up.
H. 3290 -- Reps. Klauber, Graham, Gonzales, Simrill, D. Smith, Vaughn, Trotter, Littlejohn, Richardson, Fulmer, Cato, A. Young, Keegan, Wells, Marchbanks, Kelley, Thomas, Witherspoon, Cooper, Cromer, Robinson, Meacham, Stone and Allison: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.
Rep. TUCKER moved to adjourn debate upon the Joint Resolution until Wednesday, January 26.
Rep. KLAUBER moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Baxley Brown, H. Cato Clyborne Cooper Cromer Fair Fulmer Gamble Graham Hallman Harrell Harris, J. Harrison Haskins Hutson Jaskwhich Keegan Kelley Klauber Law Littlejohn Marchbanks Meacham Richardson Robinson Sharpe Simrill Smith, D. Smith, R. Snow Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Walker Wilkins Witherspoon Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Barber Beatty Brown, J. Carnell Chamblee Cobb-Hunter Delleney Elliott Farr Harris, P. Harvin Harwell Hines Hodges Holt Houck Jennings Keyserling Kirsh Koon Lanford McCraw McLeod McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Riser Rogers Rudnick Scott Sheheen Shissias Spearman Sturkie Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Williams Worley Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Beatty Boan Breeland Brown, J. Carnell Chamblee Cobb-Hunter Delleney Elliott Farr Harris, P. Harvin Harwell Hines Hodges Holt Houck Jennings Keyserling Kirsh Koon Mattos McCraw McLeod McMahand McTeer Moody-Lawrence Neilson Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Sturkie Townsend Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Williams Worley
Those who voted in the negative are:
Allison Bailey, J. Baker Barber Baxley Brown, H. Cato Clyborne Cooper Corning Cromer Davenport Fair Fulmer Gamble Graham Hallman Harrell Harris, J. Harrison Haskins Hutson Jaskwhich Keegan Kelley Klauber Littlejohn Marchbanks McKay Meacham Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stone Stuart Thomas Trotter Vaughn Walker Wilkins Witherspoon Wofford Young, A. Young, R.
So, the motion to adjourn debate was rejected.
Reps. SCOTT, WILKINS, SPEARMAN, JENNINGS, FARR, McCRAW, McLEOD, HARWELL, SIMRILL, MEACHAM, VAUGHN, CATO, RUDNICK, RHOAD, J. WILDER, KELLEY, WALDROP, WHITE, HARVIN, WILLIAMS, COBB-HUNTER and DELLENEY objected to the Joint Resolution.
The following Bill was taken up.
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Reps. HODGES, WILKINS & JENNINGS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7559DW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-325. The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."
SECTION 2. The 1976 Code is amended by adding:
"Section 8-13-717. Notwithstanding any other provision of law, any public employee who accepts honoraria, compensation, or reimbursement of actual expenses for speaking to a public or private group shall disclose on his statement of economic interests the organization which provided the honoraria, compensation, or reimbursement the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. Any public employee who does not file a statement or economic interests but who accepts honoraria, compensation, or reimbursement for speaking to a public or private group shall report this same information in writing to the chief administrative official or employee of the agency with which he or she is associated."
SECTION 3. The 1976 Code is amended by adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation:
(1) was extended to the member of the General Assembly by virtue of his membership in an authorized group pursuant to Section 2-17-90(A)(1);
(2) was in writing; and
(3) was delivered to the chairman of an authorized group other than the entire membership of the House, Senate, or General Assembly prior to the actual event for which the invitation was extended, or if the invitation was extended to the entire membership of the House, Senate, or General Assembly, the invitation was delivered to the House or Senate Invitations Committee pursuant to House or Senate rules."
SECTION 4. The 1976 Code is amended by adding:
"Section 8-13-1127. The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."
SECTION 5. The 1976 Code is amended by adding:
"Section 8-13-1374. The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."
SECTION 6. Section 2-17-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:
"( ) 'Official capacity' means activities which:
(a) arise because of the position held by the public official or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and
(c) are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated."
SECTION 7. Section 2-17-65(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(C) If, after notification by the Secretary of State that a required statement has not been filed, the person fails to file the necessary notices and reports, the Secretary of State shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70 shall file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."
SECTION 8. Section 2-17-90(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received."
SECTION 9. Section 2-17-90(F) of the 1976 Code, as last amended by Act 241 of 1991, is further amended to read:
"(F) The provisions of this section do not apply to a public official or public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist's principal or pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist's principal."
SECTION 10. Section 2-17-90 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:
"(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse is receiving the lodging, transportation, entertainment, food, meals, beverages, or invitation purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal."
SECTION 11. Section 2-17-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 2-17-100. A public official, public member, or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official, public member, or public employee who is required to file a statement of economic interests under Section 8-13-1100. Any public official, public member, or public employee shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. Any public official, public member, or public employee who does not file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement shall report this same information in writing to the chief administrative official or employee of the agency with which he or she is associated. If the expenses are incurred out of state, the public official incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of any public official of any state agency who is not listed in a subitem below;
(2) any statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or
(4) the Speaker of the House, in the case of a member of the House of Representatives."
SECTION 12. Section 8-13-100(5) and (12), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(5) 'Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.
(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) an election at which a ballot measure or referendum appears on the ballot."
SECTION 13. Section 8-13-100, of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:
"(30) 'State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State."
SECTION 14. Section 8-13-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:
"( ) 'Official capacity' means activities which:
(a) arise because of the position held by the public official, public member, or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, the public member, or the public employee; and
(c) are services the agency would normally provide and for which the public official, public member, or public employee would be subject to expense reimbursement by the agency with which the public official, public member, or public employee is associated."
SECTION 15. The first seven lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:
"(9) to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Article 17, Chapter 2 and, upon complaint by an individual, of an alleged violation of this chapter by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter is entitled to the administrative hearing process contained in this section."
SECTION 16. Section 8-13-320(10)(f), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(f) The commission may order testimony to be taken in any investigation or hearing by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by approval of the chairman, subject to judicial enforcement, and issue subpoenas for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation by affirmative vote of a majority of the members of the commission approval of the chairman, subject to judicial enforcement. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued under this section."
SECTION 17. Section 8-13-715 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 8-13-715. A public official, or public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official or public member is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public member may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. Any public official or public member shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. If the expenses are incurred out of state, the public official or public member incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;
(2) a statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of the governmental entity in all other cases."
SECTION 18. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:
"(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:
(a) as required by law; or
(b) before a court under the unified judicial system or the Administrative Law Judge Division.
(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."
SECTION 19. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."
SECTION 20. Section 8-13-745(D) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(D) The provisions of this section do not apply to any court of the unified judicial system or to the Administrative Law Judge Division."
SECTION 21. Section 8-13-775 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 8-13-775. A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."
SECTION 22. Section 8-13-1110(B)(12) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(12) a consultant."
SECTION 23. Section 8-13-1120(A)(3)(b), (4), and the first five lines of (6)(a) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:
"(b) if the a sale, lease, or rental of personal or real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; or
(4) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In the sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;
(6)(a) a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"
SECTION 24. Section 8-13-1150 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 8-13-1150. A consultant must file a statement of economic interests for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State and must file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:
(1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or
(2) where the entity was awarded a contract by the consultant."
SECTION 25. Section 8-13-1160(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(A) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."
SECTION 26. Section 8-13-1160(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(B) Within two five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."
SECTION 27. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(4) 'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 28. Section 8-13-1300(9) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. ; or
(d) an election at which a ballot measure or referendum appears on the ballot."
SECTION 29. Section 8-13-1308 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.
(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.
(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days the calendar quarter in which the election is conducted or twenty days before the election, whichever is greater, before the election in excess of:
(a) ten thousand dollars in the case of a candidate for statewide office; or
(b) two thousand dollars in the case of a candidate for any other office.
(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.
(E) Notwithstanding the provisions of subsection (B), if a pre-election campaign report provided for in subsection (D) is required to be filed in the following calendar quarter, a candidate or committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provision of subsection (D) no later than fifteen days before the election.
(E)(F) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the candidate or committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the candidate or committee;
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 30. Section 8-13-1310(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."
SECTION 31. Section 8-13-1310(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(C) Within two five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."
SECTION 32. Section 8-13-1346 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 8-13-1346. A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election. This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member. This section does not prohibit the expenditure of public resources by a public agency to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that public agency."
SECTION 33. Section 8-13-1354 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 8-13-1354. A candidate, committee, or other person who which makes an independent expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
SECTION 34. Section 8-13-1356(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(C) The official with whom the candidate files a declaration of candidacy or petition for nomination must, no later than five business days after candidacy books close receiving a candidate's statement of economic interests under subsection (B), must file a copy of the statement with the appropriate supervisory office."
SECTION 35. Section 2-17-70 of the 1976 Code is repealed.
SECTION 36. This act takes effect upon approval by the Governor, except any changes in reporting requirements for statements of economic interests pursuant to the provisions of this act shall apply only to transactions occurring on or after July 1, 1994./
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.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:
H. 4416 -- Rep. Waldrop: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JUNIOR CHAMBER OF COMMERCE TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON SATURDAY AND SUNDAY, FEBRUARY 5 AND 6, 1994.
The following House Resolution was taken up.
H. 4416 -- Rep. Waldrop: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JUNIOR CHAMBER OF COMMERCE TO USE THE BLATT BUILDING ON SATURDAY AND SUNDAY, FEBRUARY 5 and 6, 1994.
Be it resolved by the House of Representatives:
That the South Carolina Junior Chamber of Commerce is authorized to use the Blatt Building on Saturday and Sunday, February 5 and 6, 1994, if the House is not in statewide session on those days, for the purpose of involving the Junior Chamber of Commerce in the legislative process and for the purpose of conducting a model legislature.
Be it further resolved that there shall be no cost to the South Carolina Junior Chamber of Commerce for the use of the Blatt Building.
The House Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20268SD.94), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the South Carolina Junior Chamber of Commerce is authorized to use the Blatt Building on Saturday and Sunday, February 5 and 6, 1994, if the House is not in statewide session on those days, for the purpose of involving the Junior Chamber of Commerce in the legislative process and for the purpose of conducting a model legislature.
Be it further resolved that there shall be no cost to the South Carolina Junior Chamber of Commerce for the use of the Blatt Building./
Amend the resolution further, as and if amended by striking the title and inserting:
/TO AUTHORIZE THE SOUTH CAROLINA JUNIOR CHAMBER OF COMMERCE TO USE THE BLATT BUILDING ON SATURDAY AND SUNDAY, FEBRUARY 5 AND 6, 1994.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The Resolution, as amended, was adopted.
In the belief that the House Chamber is a public facility and therefore should be made available to responsible groups who wish to use it, I voted against this Report of the Rules Committee, which prohibits the S.C. Jaycees from using the Chamber, and consigns them instead to the Blatt Building.
Rep. MIKE BAXLEY
The following was introduced:
H. 4585 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4332, RELATING TO CONGRESSIONAL REAPPORTIONMENT, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING ROLL CALL ON TUESDAY, JANUARY 25, 1994, AND TO PROVIDE, FOLLOWING ROLL CALL ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4332 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4333, RELATING TO REAPPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H.4332 AND TO PROVIDE, FOLLOWING ROLL CALL ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4333 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.4332, relating to Congressional reapportionment, is set by special order for second reading or other consideration immediately following roll call on Tuesday, January 25, 1994, and to provide, following roll call on each legislative day, for the continuing special order consideration of H.4332 until third reading or other disposition.
Be it further resolved that H.4333, relating to reapportionment of the House of Representatives, is set by special order for second reading or other consideration immediately following third reading or other disposition of H.4332 and to provide, following roll call on each legislative day, for the continuing special order consideration of H.4333 until third reading or other disposition.
Rep. McTEER explained the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. J. BROWN demanded the yeas and nays, which were not ordered.
The Resolution was adopted by a division vote of 80 to 1.
The following Bill was taken up.
H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.
Rep. SNOW explained the Bill.
Rep. HOLT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.
Rep. SNOW explained the Bill.
Rep. RICHARDSON moved to table the Bill, which was not agreed to.
Rep. RICHARDSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.
Rep. TUCKER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7547BDW.94).
Amend the bill, as and if amended, by striking Section 50-11-65(G), page 2, beginning on line 21, and inserting:
/(G) A person possessing a hunting license may train bird dogs on private land at any time during the year. However, outside the established quail season, only weapons capable of firing blank ammunition may be used unless feral pigeons have been released and are being used in the training./
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. CROMER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3999 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15545AC.94), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The South Carolina Department of Juvenile Justice and the Youthful Offender Division shall provide nonviolent offenders between the ages of fifteen and twenty-one in their custody appropriate accommodations, education, and job training. Facilities vacated by base closings in the State may be evaluated for use as residential facilities for these offenders. Job training provided to these offenders must be applicable to current and future job markets.
(B) These agencies are encouraged to utilize the shock incarceration program methods as employed by the South Carolina Department of Corrections pursuant to Act 13, Chapter 13, Title 24 of the 1976 Code in developing programs for these offenders.
(C) The Department of Juvenile Justice and the Department of Corrections shall report to the General Assembly by January 1, 1995, concerning their efforts to meet the requirement of this joint resolution and shall report annually for the next five years.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. LANFORD explained the Joint Resolution.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 4079 be read the third time tomorrow.
The following Bill was taken up.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15575AC.94).
Amend the bill, as and if amended, by adding:
/SECTION 2. Section 31-15-30(6) of the 1976 Code is amended to read:
"(6) That the amount of the cost of such repairs, alterations or improvements, vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and shall be collectable in the same manner as municipal taxes and has the same priority as municipal taxes."/
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Reps. COBB-HUNTER and ANDERSON withdrew their objections to the following Bill.
H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 3691 -- Reps. Harrison, Sharpe, Quinn, Kinon, H. Brown, Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith, Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED BY LAW.
The following Bill was taken up.
H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS INCLUDING PROVISIONS FOR FEES, AND PENALTIES.
The Bill was read the third time and ordered sent to the Senate by a division vote of 49 to 26.
The motion period was dispensed with on motion of Rep. CROMER.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, January 25, which was adopted.
H. 4216 -- Rep. Davenport: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN SPARTANBURG COUNTY UNTIL JULY 1, 1994.
The following Bill was taken up.
H. 3246 -- Reps. H. Brown, Trotter, Allison, Hutson, Stuart, Fair, Meacham, Chamblee, Koon, Kelley, G. Bailey, Hallman, A. Young, Fulmer, Keegan, Law, Townsend, Sturkie, Jaskwhich, Rhoad, Holt, Corning, Sharpe, Wofford, Stone, Wells, Shissias, Marchbanks, Williams, Riser, Stille, Gamble, J. Wilder, Cato, Witherspoon, Klauber, P. Harris, Stoddard, Spearman, Snow, Baker, Phillips, J. Harris and Robinson: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 78 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1075 SO AS TO PROHIBIT AN INSURER FROM INCREASING THE PREMIUM ON AN AUTOMOBILE LIABILITY INSURANCE POLICY SOLELY AS A RESULT OF A CLAIM FOR AN AUTOMOBILE ACCIDENT FILED BY AN INSURED IF THE INSURED WAS NOT AT FAULT NOR CONTRIBUTORILY NEGLIGENT; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO PROVIDE FOR THE INCLUSION OF THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30(C); TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT ON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO EXPAND THE EXCEPTIONS WITH RESPECT TO ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30(B); TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND SHALL INSTRUCT THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE INSURANCE COVERAGE, SO AS TO DELETE THE PROVISIONS OF THAT SECTION AND PROVIDE THAT AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE, INCLUDING COMPREHENSIVE PHYSICAL DAMAGE, COLLISION, FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER AND THAT NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE DEFINITION OF "DAMAGES", SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO QUALIFY "DAMAGES" AS "ACTUAL DAMAGES" AND REQUIRE AN INSURER TO OFFER AN INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, PROVIDE THAT IF AN INSURED IS ENTITLED TO UNINSURED MOTORIST OR UNDERINSURED MOTORIST COVERAGE UNDER MORE THAN ONE POLICY, THE MAXIMUM AMOUNT THE INSURED MAY RECOVER MAY NOT EXCEED THE HIGHEST LIMIT OF SUCH COVERAGE PROVIDED FOR ANY ONE VEHICLE UNDER ANY ONE POLICY, AND PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT ON A PRESCRIBED FORM; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND OTHER MATTERS AND SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN LANGUAGE AND REQUIRE THAT SECURITY BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED BE INSURED, SO AS TO DEFINE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT, UPON THE LOSS OF INSURANCE, THE INSURED OBTAIN NEW INSURANCE OR SURRENDER VEHICLE REGISTRATION AND PLATES, WRITTEN NOTICE BY THE INSURER, SUSPENSION OF REGISTRATION AND PLATES, APPEAL OF SUSPENSION, ENFORCEMENT, AND PENALTIES, SO AS TO DELETE CERTAIN LANGUAGE, FURTHER DESCRIBE AND QUALIFY A MOTOR VEHICLE WHICH IS OR BECOMES AN UNINSURED MOTOR VEHICLE, AND DEFINE THE RESIDENT FOR WHOM THE LAPS OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT UNDER SECTION 38-73-760; TO AMEND CHAPTER 10 OF TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION, AND FINANCIAL SECURITY, BY ADDING AN ARTICLE 5 SO AS TO ENACT PROVISIONS FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT INSURERS OTHER THAN THOSE DESIGNATED AND APPROVED AS SPECIALIZED INSURERS BY THE CHIEF INSURANCE COMMISSIONER MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES, IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND CHAPTER 77 OF TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING AN ARTICLE 13 SO AS TO PROVIDE FOR A JOINT UNDERWRITING ASSOCIATION AND PROVIDE, AMONG OTHER THINGS, FOR THE ABOLITION OF THE REINSURANCE FACILITY UPON A CERTAIN DATE, THAT THE ADMINISTRATION OF THE PHASE OUT OF THE FACILITY IS TRANSFERRED TO THE ASSOCIATION, AND THAT, AS OF A CERTAIN DATE, THE FACILITY RECOUPMENT CHARGE MUST NOT BE INCLUDED IN THE RATE OR PREMIUM CHARGED BY THE INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE TO DRIVERS WHO QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE AN AUTOMOBILE INSURER TO OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AS DEFINED BY SECTION 38-78-30 AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CERTAIN CONVICTIONS OCCURRING ON OR AFTER JANUARY 1, 1995; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, INCREASE THE PENALTIES, INCLUDING PROVISIONS FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AMONG OTHER THINGS; TO PROVIDE THAT, AFTER SEPTEMBER 30, 1994, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, AND PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE ASSOCIATION SHALL BE SET BY THE ASSOCIATION'S BOARD OF DIRECTORS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE AND THAT THE FORM MUST BE AS PRESCRIBED BY REGULATION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT UPON THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY TO FILE AND EXPENSE COMPONENT AND USE OF THE COMPONENT AFTER APPROVAL, SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN IN THE SAME POLICY, WITH EXCEPTIONS AND QUALIFICATIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT INSURERS AND AGENTS MAY NOT REFUSE THE ACCEPTANCE OF AUTOMOBILE INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO AUTOMOBILE INSURANCE, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SO AS TO SUBSTITUTE THE JOINT UNDERWRITING ASSOCIATION FOR THE REINSURANCE FACILITY AND PROVIDE THAT AN INSURER MAY NOT CEDE COVERAGES UNDER A POLICY THAT IT IS NOT MANDATED BY LAW TO WRITE EXCEPT FOR TORT LIABILITY AND PERSONAL PROTECTION COVERAGES AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE FOR A SEVERABILITY CLAUSE, INCLUDING, AMONG OTHER THINGS, A PROVISION THAT IF SECTION 38-78-110 IS FOUND TO BE UNCONSTITUTIONAL OR INVALID, PERSONAL PROTECTION INSURERS HAVE NO OBLIGATION TO PAY PERSONAL PROTECTION BENEFITS WITH RESPECT TO ACCIDENTS OCCURRING ON OR AFTER THE DATE OF THE FINDING OF SUCH UNCONSTITUTIONALITY OR INVALIDITY AND, IN ADDITION, ARE SUBROGATED TO ALL OF THE RIGHTS OF PERSONAL PROTECTION INSUREDS FOR ALL PREVIOUS SUCH BENEFITS PAID.
Rep. JENNINGS moved to commit the Bill to the Committee on Judiciary.
Rep. MEACHAM moved to table the motion.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Bailey, J. Baker Brown, H. Carnell Cato Clyborne Cooper Corning Davenport Fair Gamble Graham Hallman Holt Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Neilson Phillips Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Sturkie Trotter Vaughn Waites Walker Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Askins Barber Baxley Boan Brown, J. Byrd Chamblee Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hines Hodges Houck Huff Jennings Keyserling Kirsh Mattos McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Rogers Rudnick Scott Snow Spearman Stone Thomas Townsend Tucker Waldrop Wilder, J. Wilkins Williams Worley
So, the House refused to table the motion.
The question then recurred to the motion to commit the Bill to the Committee on Judiciary.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Barber Baxley Beatty Boan Brown, J. Byrd Cobb-Hunter Cromer Davenport Delleney Elliott Farr Felder Govan Graham Harrell Harrelson Harris, J. Harrison Harvin Harwell Haskins Hines Hodges Houck Jennings Keyserling Kirsh Mattos McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Phillips Rhoad Rogers Rudnick Scott Smith, D. Snow Spearman Thomas Tucker Waldrop Whipper Wilder, J. Wilkins Williams Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Bailey, J. Baker Brown, H. Carnell Cato Chamblee Clyborne Cooper Corning Fair Gamble Hallman Harris, P. Holt Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Neilson Richardson Riser Robinson Sharpe Shissias Simrill Smith, R. Stoddard Stone Stuart Sturkie Townsend Trotter Vaughn Waites Walker Wilder, D. Witherspoon Wofford Wright Young, A.
So, the motion to commit was agreed to.
I was not present on Thursday, January 20, 1994, when the vote was taken on the motion to commit to the Judiciary Committee H. 3246, relating to the Consumers Freedom of Choice in Motor Vehicle Insurance Act. Had I been present, I would have voted not to commit.
Rep. HARRY C. STILLE
Rep. HODGES moved that the House do now adjourn.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, J. Byrd Cobb-Hunter Delleney Elliott Farr Gamble Graham Hallman Harrelson Harris, J. Harris, P. Harvin Hines Hodges Holt Houck Jennings Keyserling Kirsh Marchbanks Mattos McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Thomas Townsend Tucker Vaughn Waites Waldrop Whipper Wilder, D. Wilder, J. Williams Worley
Those who voted in the negative are:
Alexander, M.O. Allison Baker Brown, H. Carnell Cato Chamblee Cooper Corning Cromer Davenport Fair Felder Gonzales Harrell Harrison Harwell Haskins Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Meacham Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Trotter Walker White Wilkins Witherspoon Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4536 -- Reps. Rudnick, Cobb-Hunter, G. Brown, Richardson, Felder, Kennedy, Kinon, Harwell, McLeod and Waites: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY FOR THE CITIZENS OF SOUTHERN CALIFORNIA WITH REGARD TO THE DEVASTATION CAUSED BY THE EARTHQUAKE OF JANUARY 17, 1994.
H. 4537 -- Reps. Rudnick, G. Brown, McKay, Cobb-Hunter, Kinon, Baxley, Harwell, Richardson, Kennedy, Felder, McLeod and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF VIRGINIA KELLEY, THE MOTHER OF PRESIDENT CLINTON, AND EXTENDING SYMPATHY TO MRS. KELLEY'S FAMILY AND COUNTLESS FRIENDS AND ADMIRERS.
At 11:17 A.M. the House in accordance with the motion of Rep. STUART adjourned in memory of Victor L. Odom, to meet at 10:00 A.M. tomorrow.
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