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:
We come to You, Father God, asking that You look with favor upon all who serve in places of leadership in government. Grant unto us wisdom of mind, strength of character, and goodness of hearts. Cause us to know that the world's best tranquilizer is the knowledge of work well done. As You are merciful and forgiving, may we show these same attributes in our dealing with one another knowing always that "to err is human, to forgive divine." In gratitude for all that we daily receive from Your bountiful hand, may we unselfishly share our blessings and perform faithfully our duties.
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. KNOTTS moved that when the House adjourns, it adjourn in memory of Lowell C. Spires, Sr. of West Columbia, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4655 -- Reps. Haskins, Whatley, Littlejohn, Rice, Davenport, Thomas, J. Young, J. Brown, and Young-Brickell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO CREATE THE STATE BOARD OF EXAMINERS IN SCHOOL PSYCHOLOGY, TO PROVIDE FOR ITS POWERS AND DUTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SCHOOL PSYCHOLOGISTS.
Referred to Committee on Judiciary.
H. 4656 -- Reps. Haskins, Easterday, Rice, Knotts, Inabinett, Meacham, Simrill, Bailey, Allison, Herdklotz, Loftis, Kelley, Waldrop, Stille, R. Smith, Davenport, Cooper, Law, Vaughn, Wright, Robinson and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-15 SO AS TO PROVIDE THAT THE SOUTH CAROLINA SUPREME COURT SHALL PROMULGATE RULES ESTABLISHING TIME LIMITS FOR THE COMPLETION OF CERTAIN CRIMINAL PRETRIAL, TRIAL, AND APPELLATE PROCEDURES, INSTANCES FOR WHICH A CONTINUANCE MAY BE GRANTED IN CIRCUIT COURT; AND BY ADDING SECTION 17-1-17 SO AS TO PROVIDE CIVIL PENALTIES TO BE LEVIED UPON OFFICERS OF THE COURT THAT VIOLATE THE PROVISIONS OF SECTION 17-1-15.
Referred to Committee on Judiciary.
H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Referred to Committee on Judiciary.
H. 4658 -- Reps. Hodges, Delleney, Baxley, Jennings, Martin, Walker, Allison, McElveen and Rogers: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO ADD A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO THE DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT ONE DOLLAR OF THIS YEARLY PREMIUM IS DIRECTED TO BE PAID TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE ESTABLISHMENT OF THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES FOR AUTOMOBILE INSURANCE AND CERTAIN OTHER TYPES OF INSURANCE, SO AS TO PROVIDE THAT THE REQUIREMENT OF THIS SECTION IS ABATED UNTIL JANUARY 1, 1998; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE SHALL PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY UNDER SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF CHAPTER 77, TITLE 38, ON AUTOMOBILE INSURANCE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE A DEFINITION FOR "CANCELLATION" OR "TO CANCEL" AND FOR "INSTITUTIONAL SOURCE", "INSURER-SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE" OR "POLICY"; TO AMEND SECTION 38-77-110, AS AMENDED, FROM JANUARY, 1997, TO SEPTEMBER 30, 1997, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST INSURE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS OTHER THAN INSURERS DESIGNATED AND APPROVED AS SPECIALIZED INSURERS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE MAY NOT REFUSE TO RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES OR SMALL COMMERCIAL RISKS EXCEPT FOR REASONS SPECIFIED IN SECTION 38-77-123, AND TO PROVIDE THAT, AFTER SEPTEMBER 30, 1997, SECTION 38-77-110 IS REPEALED; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENT THAT AN INSURANCE APPLICANT OR POLICYHOLDER MUST HAVE A DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO CERTAIN CODE SECTIONS AND PROVIDE THAT, AT THE TIME OF APPLICATION, AN INSURER OR AN AGENT SHALL RETAIN FOR THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND SHALL FURNISH THIS INFORMATION UPON THE REQUEST OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE NOTICE SHALL PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(b), THAT THOSE NOTIFICATION REQUIREMENTS DO NOT APPLY WHEN THE POLICY IS BEING CANCELED OR NOT RENEWED FOR THE REASON SET FORTH IN SECTION 38-77-123(b), AND THAT THE NOTICE SHALL INFORM THE INSURED OF HIS RIGHT TO REQUEST IN WRITING WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE REVIEW THE ACTION OF THE INSURER; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-121, 38-77-122, 38-77-123, 38-77-124, 38-77-141, 38-77-142, 38-77-143, 38-77-151, 38-77-154, AND 38-77-155 SO AS TO ENACT PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE DEFINED IN SECTION 38-77-30 THAT REQUIRES THE INSURED TO DISCLOSE INFORMATION AS TO ANY PREVIOUS CANCELLATION OR REFUSAL TO RENEW SHALL ALSO PERMIT THE INSURED TO OFFER OR PROVIDE A FULL EXPLANATION OF THE REASON FOR THE CANCELLATION OR REFUSAL TO RENEW, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 SOLELY BECAUSE OF CERTAIN SPECIFIED FACTORS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE, OR FAIL TO RENEW, A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE VEHICLE IS LICENSED, AND THAT MONIES DISTRIBUTED ANNUALLY FROM THE UNINSURED MOTORIST FUND MUST BE DISTRIBUTED IN THE PROPORTION THAT EACH INSURER'S PREMIUM INCOME FOR THE BASIC UNINSURED MOTORISTS LIMITS COVERAGE BEARS TO THE TOTAL PREMIUM INCOME FOR BASIC UNINSURED MOTORISTS LIMITS COVERAGE WRITTEN IN THIS STATE DURING THE PRECEDING YEAR; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO INCREASE THE MINIMUM PROPERTY DAMAGE COVERAGE; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND THE DEFENSE OF AN ACTION BY AN INSURER, SO AS TO INCREASE THE MINIMUM AMOUNT OF UNINSURED MOTORIST COVERAGE, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE "FIVE HUNDRED DOLLAR OPTION"; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT ANY AUTOMOBILE INSURER MAY MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, AND TO AMEND THE CODE SECTION FOR THE PERIOD FROM JANUARY 1, 1997, TO SEPTEMBER 30, 1997, BY PROVIDING AN EXCEPTION WITH RESPECT TO THE REASONS SPECIFIED IN SECTION 38-77-123; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION THAT A POLICY OF AUTOMOBILE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE SOUTH CAROLINA REINSURANCE FACILITY TO REPLACE A POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-370, 38-77-380, AND 38-77-390 SO AS TO ENACT PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT, IF AN INDIVIDUAL SUBMITS A WRITTEN REQUEST TO AN INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO CERTAIN RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL, THE INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, THAT AN INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS WITHIN THIRTY BUSINESS DAYS FROM THE DATE OF RECEIPT OF A WRITTEN REQUEST FROM AN INDIVIDUAL TO CORRECT, AMEND, OR DELETE ANY RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL WITHIN ITS POSSESSION, AND THAT, IN THE EVENT OF AN ADVERSE UNDERWRITING DECISION, THE INSURER OR AGENT RESPONSIBLE FOR THE DECISION SHALL GIVE A WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THAT PROVIDES THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE CERTAIN INFORMATION; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO ADD PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT THE PLAN OF OPERATION SHALL COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1, 1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS AFTER SEPTEMBER 30, 1977, AND THAT NO POLICIES WITH AN EFFECTIVE DATE AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO CONDITIONS FOR DESIGNATION AS A DESIGNATED PRODUCER OF AN OTHERWISE INELIGIBLE APPLICANT, SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1, 1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS AFTER SEPTEMBER 30, 1997, AND THAT NO POLICIES WITH AN EFFECTIVE DATE AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO AMEND CHAPTER 77, TITLE 38 OF THE 1976 CODE, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS FOR THE ASSIGNMENT OF RISKS; AND TO REPEAL SECTIONS 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, 38-73-456, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS OR ADDITIONAL SURCHARGES FOR DRIVING VIOLATIONS UNTIL THERE HAS BEEN A CONVICTION, 38-73-457, RELATING TO FILING INFORMATION ON BASE RATES FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS OF THE REINSURANCE FACILITY ON AUTOMOBILE INSURANCE RATES, 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, REVIEW OF RATES, AND RATE EXPERIENCE, 38-73-720, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, 38-73-730, RELATING TO RISK CLASSIFICATION PLANS FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-731, RELATING TO REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, 38-73-735, RELATING TO PLANS FOR CREDITS AND DISCOUNTS FOR AUTOMOBILE INSUREDS, 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST FILE THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, 38-73-760, RELATING TO UNIFORM STATISTICAL PLANS FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-770, RELATING TO THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE MUST BE SO STRUCTURED AS TO PRODUCE AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, 38-77-115, RELATING TO THE PROVISION THAT CERTAIN SIGNS ARE REQUIRED IN AN INSURANCE AGENT'S PLACE OF BUSINESS, 38-77-145, RELATING TO THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE, 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY, 38-77-360, RELATING TO THE PROVISION THAT THERE BE NO INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGE BE DISPLAYED ON THE PREMIUM NOTICE OR BILL, 38-77-610, RELATING TO THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGES APPROVED OR ESTABLISHED PURSUANT TO SECTION 38-77-610 MUST BE ADDED TO THE APPROVED BASE RATE AND OBJECTIVE STANDARDS RATE IN EFFECT FOR EACH AUTOMOBILE INSURER, 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9 OF CHAPTER 77, TITLE 38, RELATING TO THE STATE'S AUTOMOBILE INSURANCE LAWS AND UNLAWFUL ACTS.
Referred to Committee on Labor, Commerce and Industry.
H. 4659 -- Reps. Allison, Mason, Inabinett, Sandifer, Bailey, Lloyd, Koon, Wells, Jaskwhich, Robinson, Littlejohn, Young-Brickell, Fleming, Kelley, Chamblee, Loftis, Byrd, Waldrop, Witherspoon, Stille, Rice, Davenport, Cato, Spearman, Keegan, Gamble and Riser: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND RELEASE OF INFORMATION PERTAINING TO JUVENILES, SO AS TO PROVIDE THAT CERTAIN INFORMATION REGARDING JUVENILE OFFENDERS MUST BE PROVIDED TO ALL VICTIMS OF CRIMES RATHER THAN ONLY TO VICTIMS OF VIOLENT CRIMES.
Referred to Committee on Judiciary.
H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.
Rep. RHOAD asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RICHARDSON objected.
Referred to Committee on Labor, Commerce and Industry.
H. 4661 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-305 SO AS TO DESIGNATE SPECIES OF ANIMALS WHICH CONSTITUTE BIG GAME; SECTION 50-11-330 SO AS TO MAKE UNLAWFUL TO HUNT DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WITHOUT THE PERMISSION OF THE OWNER OR OCCUPANT; SECTION 50-11-505 SO AS TO PERMIT A LANDOWNER OWNING TEN THOUSAND OR MORE ACRES TO CHOOSE A WILD TURKEY SEASON FOR THAT PROPERTY; SECTION 50-11-515 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PRESCRIBE THE METHODS AND BAG LIMITS FOR HUNTING AND TAKING OF TURKEYS IN ALL GAME ZONES; SECTION 50-11-600 SO AS TO ESTABLISH OPEN AND CLOSED SEASONS FOR HUNTING AND TAKING OF BEAR, AND PROVIDE PENALTIES FOR VIOLATION; SECTION 50-11-605 SO AS TO MAKE IT UNLAWFUL TO USE FOODSTUFFS TO BAIT OR ATTRACT BEAR OR TO HUNT BEAR BY AID OF OR USE OF BAIT, AND PROVIDE A PENALTY; TO AMEND ARTICLE 4, CHAPTER 17, TITLE 50, BY ADDING SECTION 50-17-445 SO AS TO MAKE IT UNLAWFUL TO CATCH FISH ON THE COMBAHEE RIVER IN CERTAIN AREAS USING CERTAIN DEVICES; TO AMEND SECTION 50-1-60, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO ELEVEN GAME ZONES, SO AS TO DIVIDE THE STATE INTO FOUR ZONES; SECTION 50-11-110, RELATING TO WHICH ANIMALS CONSTITUTE SMALL GAME ANIMALS, SO AS TO INCLUDE COYOTE; SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON AFFECTING VARIOUS GAME AND CONFORM THE SECTION TO THE REDUCTION IN GAME ZONES REQUIRED IN SECTION 50-1-60; SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS FOR SMALL GAME, SO AS TO CHANGE THE LIMITS AND CONFORM THE SECTION TO THE REDUCTION IN THE NUMBER OF GAME ZONES REQUIRED IN SECTION 50-1-60; SECTION 50-11-170, AS AMENDED, RELATING TO WILD RABBITS, SO AS TO DELETE A REFERENCE TO GAME ZONE 4; SECTION 50-11-180, AS AMENDED, RELATING TO TRAPPING OR SNARING OF QUAIL, SO AS TO MAKE IT UNLAWFUL EXCEPT AS PERMITTED BY THE DEPARTMENT; SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO CONFORM THE SECTION TO THE REQUIREMENTS OF SECTION 50-1-60; SECTION 50-11-335, AS AMENDED, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE REFERENCES TO GAME ZONES 4, 7, 8, AND 10 AND THE PROVISION WHICH PROVIDES THERE IS NO LIMIT ON ANTLERED DEER IN GAME ZONES NOT MENTIONED; SECTION 50-11-350, AS AMENDED, RELATING TO THE PENALTY FOR ILLEGALLY TAKING DEER, SO AS TO MAKE THE PENALTY UNIFORM FOR ALL GAME ZONES; SECTION 50-11-380, AS AMENDED, RELATING TO THE CRIME OF POSSESSING A CERTAIN SIZE OF BUCKSHOT OR RIFLE, SO AS TO INCREASE THE PENALTY; SECTION 50-11-390, AS AMENDED, RELATING TO BAG LIMITS ON HUNTING AND TAKING ANTLERLESS DEER, SO AS TO DEFINE "ANTLERLESS DEER" AND ESTABLISH BAG LIMITS IN GAMES ZONES 1 THROUGH 4; SECTION 50-11-410, AS AMENDED, RELATING TO THE DEFINITION OF "ANTLERLESS DEER" SO AS TO MAKE IT UNLAWFUL TO POSSESS FRESHLY KILLED VENISON OR FRESH DEER SKIN OR PARTS; SECTION 50-11-500, AS AMENDED, RELATING TO THE CRIME OF ROBBING A WILD TURKEY NEST, SO AS TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; SECTION 50-11-510, AS AMENDED, RELATING TO THE CRIME OF BAITING A WILD TURKEY, SO AS TO REVISE THE SECTION TO DEFINE "BAIT" AND "BAITED AREA"; SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES BY THE DEPARTMENT WITH REGARD TO GAME ZONES WHICH HAVE BEEN RESTOCKED WITH WILD TURKEYS, SO AS TO MAKE IT UNLAWFUL TO HUNT, TAKE, OR ATTEMPT TO TAKE A TURKEY EXCEPT AS PERMITTED BY THE DEPARTMENT; SECTION 50-11-530, AS AMENDED, RELATING TO HARVESTING OF WILD TURKEYS IN CERTAIN AREAS OF GAME ZONES, SO AS TO MAKE IT UNLAWFUL TO ROB A WILD TURKEY NEST, TRAP, BUY, SELL, SHOOT A WILD TURKEY, AND PROVIDE EXCEPTION AND A PENALTY; SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO HUNTING WILD TURKEY, SO AS TO REQUIRE TRANSPORTATION TAGS FOR THOSE WHO HUNT WILD TURKEY AND PROVIDE A PENALTY FOR VIOLATION; SECTION 50-11-550, AS AMENDED, RELATING TO THE UNLAWFUL DISCHARGE OF A SHOTGUN DURING CERTAIN TIMES IN CERTAIN AREAS OF THE CATAWBA RIVER AND INDIA HOOK DAM, SO AS TO PROVIDE A PENALTY FOR A PERSON WHO EXCEEDS THE BAG LIMIT FOR WILD TURKEYS; SECTION 50-11-700, AS AMENDED, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHT TO OBSERVE OR HARASS WILDLIFE AFTER 11:00 P.M., SO AS TO MODIFY THESE PROVISIONS AND PROVIDE A PENALTY; SECTION 50-11-705, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE 2, SO AS TO REGULATE THIS OFFENSE FOR GAME ZONE 4; SECTION 50-11-2110, AS AMENDED, RELATING TO FIELD TRIALS IN GAME ZONE 9, SO AS TO MODIFY THEM AND MAKE THEM APPLICABLE TO GAME ZONE 3; SECTION 50-11-2410, AS AMENDED, RELATING TO THE UNLAWFUL USE OF A FOOT-HOLD TRAP, SO AS TO DELETE REFERENCES TO THEIR PROHIBITION IN CERTAIN GAME ZONES; SECTION 50-13-650, AS AMENDED, RELATING TO THE UNLAWFUL USE OF NET OR SEINES FOR CATCHING SHAD IN CERTAIN AREAS OF SAVANNAH RIVER IN GAME ZONE 3, SO AS TO MAKE THIS SECTION APPLICABLE TO GAME ZONE 4; SECTION 50-13-730, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS FOR OPEN SEASON FOR TAKING NONGAME FISH WITH NETS IN THE FRESHWATER OF GAME ZONE 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-13-805, AS AMENDED, RELATING TO THE LAWFUL GILL NET SIZE FOR CATCHING HERRING IN CERTAIN PARTS OF GAME ZONE 10, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3 AND FURTHER DELINEATE THE AREA; SECTION 50-13-990, AS AMENDED, RELATING TO THE UNLAWFUL RIDING OF A SURFBOARD IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-17-385, AS AMENDED, RELATING TO UNLAWFULLY HARVESTING SHELLFISH IN GAME ZONE 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-17-421, AS AMENDED, RELATING TO THE UNLAWFUL USE OF CHANNEL NETS IN GAME ZONES 6 AND 11, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 4 AND DELETE INCONSISTENT REFERENCES; SECTION 50-17-425, AS AMENDED, RELATING TO THE LAWFUL CATCHING OF FISH IN THE SALTWATERS OF THE ATLANTIC OCEAN IN GAME ZONE 7 WITH A HAUL SEINE, SO AS TO MAKE IT UNLAWFUL IN GAME ZONE 3 EXCEPT IN AREAS DESIGNATED FOR THAT PURPOSE BY THE DEPARTMENT AND DURING A SPECIFIED SEASON; SECTION 50-17-681, AS AMENDED, RELATING TO THE UNLAWFUL DUMPING OF REFUSE FROM NETS IN CERTAIN PARTS OF THE ATLANTIC OCEAN IN GAME ZONES 7 AND 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-17-813, AS AMENDED, RELATING TO THE UNLAWFUL SETTING OF NETS FOR CATCHING SHAD IN GAME ZONES 5 AND 8, SO AS TO FURTHER DELINEATE THE AREA AND TIMES FOR THE LAWFUL CATCHING OF SHAD; SECTION 50-17-816, AS AMENDED, RELATING TO CATCHING SHAD WITH A SEINE OR NET IN GAME ZONE 10, SO AS TO FURTHER DELINEATE THE AREA AND TIME FOR CATCHING SHAD; SECTION 50-17-870, AS AMENDED, RELATING TO THE LAWFUL USE OF GILL NETS AND TIMES FOR TAKING HERRING, SO AS TO FURTHER DELINEATE THE AREA AND DELETE A REFERENCE TO GAME ZONE 9; AND SECTION 50-17-1020, AS AMENDED, RELATING TO THE UNLAWFUL USE OF A TRAWL NET IN GAME ZONES 7 AND 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; AND TO REPEAL SECTION 50-3-360, RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; SECTION 50-11-130, RELATING TO PENALTIES FOR HUNTING WITHOUT FIREARMS IN GAME ZONE 9 DURING CERTAIN TIMES; SECTION 50-11-140, RELATING TO UNLAWFULLY HUNTING RACCOONS, OPOSSUMS, OR FOX WHEN CARRYING A WEAPON DURING A CERTAIN PERIOD; SECTION 50-11-340, RELATING TO THE PENALTY FOR HUNTING DEER DURING CLOSED SEASON; SECTION 50-11-355, RELATING TO HUNTING DEER NEAR RESIDENCE; SECTION 50-11-430, RELATING TO THE KILLING OF BEAR; SECTION 50-11-440, RELATING TO UNLAWFULLY USING BAIT TO LURE A BEAR; SECTIONS 50-11-703, 50-11-704, AND 50-11-706, RELATING TO THE PROHIBITION ON USING ARTIFICIAL LIGHTS FROM VEHICLES IN GAME ZONES 1, 4, 9, AND 10; SECTION 50-11-1280, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9; SECTION 50-11-2415, RELATING TO USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX; SECTION 50-13-20, RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES IN GAME ZONE 2; SECTION 50-13-90, RELATING TO CLOSED SEASON ON TROUT; SECTION 50-13-110, RELATING TO LAWFUL FISHING FOR TROUT IN GAME ZONE 1; SECTION 50-13-120, RELATING TO NO SIZE LIMIT ON FRESHWATER GAME FISH OR TROUT; SECTION 50-13-190, RELATING TO THE ESTABLISHMENT OF A FRESH AND SALTWATER DIVIDING LINE FOR FISHING PURPOSES IN HORRY COUNTY; SECTION 50-13-200, RELATING TO NIGHT FISHING IN BRIDGE LAKE IN DORCHESTER COUNTY; SECTION 50-13-320, RELATING TO THE UNLAWFUL MOLESTATION OF DOLPHINS IN WATERS OF BEAUFORT COUNTY; SECTION 50-13-350, RELATING TO UNLAWFULLY FISHING OR TRESPASSING IN PRIVATE ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS; SECTION 50-13-360, RELATING TO UNLAWFULLY SHOOTING FISH IN CERTAIN COUNTIES; SECTION 50-13-530, RELATING TO CLOSED PERIOD FOR USE OF NETS, SEINES, AND LIKE DEVICES DURING CERTAIN TIMES; SECTION 50-13-610, RELATING TO LAWFULLY TAKING FISH IN GAME ZONE 1; SECTION 50-13-620, RELATING TO PENALTIES APPLICABLE IN GAME ZONE 1; SECTION 50-13-680, RELATING TO THE REQUIREMENT OF HAVING A PERMIT FOR TAKING FISH IN RED BLUFF POND IN MARLBORO COUNTY; SECTION 50-13-690, RELATING TO THE USE OF NETS OR OTHER DEVICES TO TAKE NONGAME FISH FROM PRIVATE PONDS IN CHESTERFIELD COUNTY; SECTION 50-13-700, RELATING TO THE USE OF DRAG SEINES AND NETS IN BEAUFORT COUNTY IN GAME ZONE 11; SECTION 50-13-770, RELATING TO THE USE OF TRAPS, TROTLINES, OR NETS TO CATCH FISH ON THE COMBAHEE RIVER; SECTION 50-13-815, RELATING TO THE USE OF GILL NETS IN CONCH CREEK IN GEORGETOWN COUNTY; SECTION 50-13-980, RELATING TO THE PRESUMPTION FROM THE POSSESSION OF FISH IN EXCESS OF LIMITS; SECTION 50-13-1010, RELATING TO THE APPLICATION OF ARTICLE 5, CHAPTER 13, TITLE 50; SECTION 50-13-1194, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS OF NONGAME FISHING IN FRESHWATERS; SECTION 50-13-1450, RELATING TO PRIMA FACIE EVIDENCE OF USING EXPLOSIVES TO TAKE FISH; SECTION 50-13-1470, RELATING TO THE FAILURE TO REPORT USE OF EXPLOSIVES TO TAKE FISH; SECTION 50-13-1940, RELATING TO THE DISTRIBUTION OF FISH RAISED IN HATCHERY IN GREENVILLE COUNTY; SECTION 50-13-2010, RELATING TO CREATING SHELLEY LAKE IN MARION COUNTY AS A FISH SANCTUARY; SECTION 50-17-35, RELATING TO THE CRIME OF CATCHING FISH ON CERTAIN PARTS OF THE COMBAHEE RIVER USING CERTAIN DEVICES; SECTION 50-17-230, RELATING TO THE REQUIREMENT OF HAVING A GIGGING LICENSE FOR GAME ZONE 11; SECTION 50-17-235, RELATING TO A RESIDENT GIGGING LICENSE FOR GAME ZONE 11; SECTION 50-17-410, RELATING TO THE USE OF PURSE SEINES IN GAME ZONES 7 AND 9; SECTION 50-17-811, RELATING TO OPEN SEASON FOR SHAD IN GAME ZONE 7; SECTION 50-17-815, RELATING TO SETTING NETS TO CATCH SHAD IN GAME ZONES 7 AND 9; AND SECTION 50-17-816, RELATING TO CATCHING SHAD UNLAWFULLY DURING CERTAIN HOURS IN GAME ZONE 10; TO AMEND CHAPTER 19 OF TITLE 50 BY REPEALING ARTICLE 1, RELATING TO THE CHEROKEE FISH AND GAME CLUB; ARTICLE 3, RELATING TO THE DARLINGTON COUNTY ADVISORY FISH AND GAME COMMISSION; ARTICLE 5, RELATING TO THE PRESTWOOD LAKE WILDLIFE REFUGE BOARD IN DARLINGTON COUNTY; ARTICLE 9, RELATING TO LAKE LANIER IN GREENVILLE COUNTY; ARTICLE 13, RELATING TO THE HORRY COUNTY FISH AND GAME COMMISSION; ARTICLE 17, RELATING TO RECOMMENDATIONS OF THE LEE COUNTY LEGISLATIVE DELEGATION AS TO CLOSED SEASONS FOR FISH AND GAME; ARTICLE 19, RELATING TO THE FISH AND GAME COMMISSION OF MARION COUNTY; ARTICLE 25, RELATING TO HUNTING CROWS IN YORK COUNTY; ARTICLE 45, RELATING TO GIGGING FOR FISH IN SALTWATER IN GAME ZONE 6; AND ARTICLE 49, RELATING TO FISHING IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES; SECTION 50-19-310, RELATING TO FISHING ON THE CAUSEWAY CROSSING BELLE ISLE LAKE IN GEORGETOWN COUNTY, SECTIONS 50-19-1710, 50-19-1720, AND 50-19-1730, RELATING TO THE CATAWBA-WATEREE FISH AND GAME COMMISSION; SECTIONS 50-19-1910, 50-19-1920, 50-19-1925, AND 50-19-1930, RELATING TO FISHING IN LAKES MARION AND MOULTRIE, THE DIVERSION AND TAIL CANALS, AND CERTAIN PORTIONS OF THE CONGAREE AND WATEREE RIVERS; SECTION 50-19-2220, RELATING TO FISHING REGULATIONS FOR CERTAIN WATERS OF THE SAVANNAH RIVER; SECTION 50-19-2310, RELATING TO OPEN AND CLOSED SEASONS ON STRIPED BASS IN LAKE GREENWOOD AND BOYD'S MILL; SECTION 50-19-2330, RELATING TO THE REMOVAL AND CONTROL OF NONGAME FISH IN LAKE GREENWOOD; SECTION 50-19-2400, RELATING TO BANK FISHING ON LAKE GREENWOOD; SECTION 50-19-2520, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO AMEND REGULATIONS WITH APPROVAL OF THE LEGISLATIVE DELEGATIONS OF OCONEE AND PICKENS COUNTIES; SECTION 50-19-2530, RELATING TO PENALTIES FOR VIOLATION OF FISHING REGULATIONS PROMULGATED FOR KEOWEE-TOXAWAY LAKES IN OCONEE AND PICKENS COUNTIES; AND SECTIONS 50-19-2620 AND 50-19-2630, RELATING TO FISHING REGULATIONS AND AMENDMENTS TO THEM FOR HARTWELL RESERVOIR.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4662 -- Rep. Simrill: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE, SO AS TO REVISE THE PENALTY.
Referred to Committee on Judiciary.
H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.
Referred to Committee on Judiciary.
H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
On motion of Rep. HALLMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4664 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF KEVIN MORRIS OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4665 -- Reps. Tucker, Carnell, McAbee and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HERMAN HAYNIE OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Breeland Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cromer Dantzler Davenport Easterday Fleming Gamble Govan Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand Meacham Moody-Lawrence Phillips Rhoad Rice Richardson Riser Rogers Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 22.
Alfred B. Robinson, Jr. Heyward G. Hutson Larry L. Elliott Ronald P. Townsend William F. Cotty Harry R. Askins Richard M. Quinn, Jr. Daniel L. Tripp Grady A. Brown Joseph H. Neal Jackson S. Whipper Alma W. Byrd John G. Felder Denny W. Neilson Douglas E. McTeer, Jr. Gilda Cobb-Hunter Ronald C. Fulmer Lynn Seithel Larry L. Koon F.G. Delleney, Jr. C. Alex Harvin III Ralph W. Canty Joseph T. McElveen, Jr. William D. Boan
LEAVES OF ABSENCE
The SPEAKER granted Rep. BOAN a temporary leave of absence for the day due to family illness.
The SPEAKER granted Rep. KENNEDY a leave of absence for the day due to the death of his mother.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
Announcement was made that Dr. Bob Cutting of Aiken is the Doctor of the Day for the General Assembly.
Rep. SPEARMAN, on behalf of the Lexington Delegation presented to the House the Batesburg-Leesville High School Football Team, winners of the 1995 Class AA State Championship, their coaches and other school officials.
Rep. H. BROWN moved that when the House adjourns today, it adjourn to meet in Local Session on Friday, February 23, and to convene at 11:00 A.M. Monday, February 26, in Statewide Session, which was agreed to.
Rep. H. BROWN moved that H. 4600, the General Appropriation Bill, be set for Special Order on Monday, February 26, 1996, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition.
Reps. ROGERS and McELVEEN spoke against the motion.
Rep. HASKINS spoke in favor of the motion.
The motion setting H. 4600 for Special Order was then agreed to by a division vote of 63 to 22.
Rep. H. BROWN moved that while debating H. 4600, the General Appropriation Bill, the bills on the Calendar be printed by number only, which was agreed to.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.
S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4646 -- Reps. Limehouse, Hallman, Whatley, Seithel and Harrell: A BILL TO TRANSFER THE ASSETS AND LIABILITIES OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT TO THE GOVERNING BODY OF CHARLESTON COUNTY UPON A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT; AND REPEAL ACT 1069 OF 1968, RELATING TO THE CREATION OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT UPON THE TRANSFER OF ITS ASSETS AND LIABILITIES.
S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.
Rep. WITHERSPOON explained the Bill.
H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.
Rep. RISER explained the Bill.
S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.
Rep. WITHERSPOON explained the Bill.
On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 4646 be read the third time tomorrow.
On motion of Rep. BAILEY, with unanimous consent, it was ordered that S. 804 be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4335 be read the third time tomorrow.
On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4462 be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 596 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.
H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.
H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.
The following Joint Resolution was taken up.
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Reps. McMAHAND, LOFTIS, HERDKLOTZ and ANDERSON objected to the Joint Resolution.
Rep. ANDERSON demanded the yeas and nays, which were not ordered.
The Joint Resolution was read the third time and ordered sent to the Senate, by a division vote of 6 to 5.
Rep. CROMER moved to adjourn debate upon the following Bill until Monday, February 26, which was adopted.
H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".
The following Bill was taken up.
S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2249DW.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-13-70 of the 1976 Code is amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission county legislative delegation shall verify to the State Election Commission that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof of them. The commissioners also shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election also shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days before a prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
It must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office Office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Monday, February 26, which was adopted.
The following Bill was taken up.
S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.
Rep. SIMRILL objected to the Bill.
Rep. CROMER moved to adjourn debate upon the Bill until Monday, February 26, which was adopted.
The following Bill was taken up.
H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.
The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22303SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 46-17-40(e) of the 1976 Code, as last amended by Act 120 of 1989, is further amended to read:
"(e) 'Agricultural commodity' means a distinctive type of agricultural, horticultural, viticultural, floricultural, aquacultural, vegetable, or animal product, either in its natural or processed state, except tobacco. The commission may determine on the basis of common usage and practice what kinds, types, subtypes, or classes may be included together as an agricultural commodity for the purpose of this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. RISER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4101 be read the third time tomorrow.
The following Bill was taken up.
S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.
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.
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.
Rep. SIMRILL 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. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.
Rep. LAW explained the Bill.
Rep. D. SMITH 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.
S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Rep. CATO 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. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.
Rep. CATO 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. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.
Rep. FELDER 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. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Rep. CATO 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. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. YOUNG-BRICKELL 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 day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1995-96 SURPLUS GENERAL FUND REVENUES; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING TAX YEAR'S LIABILITY IN EACH CATEGORY OF TAX FOR BOTH DEBT SERVICE AND OPERATIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR THE INCREASED COSTS OF COMPLIANCE WITH THIS REQUIREMENT BY MEANS OF A SPECIAL ONE-TIME APPROPRIATION FROM THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES APPLICABLE FOR THIS REIMBURSEMENT.
Rep. FELDER 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. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Rep. FELDER 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 day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.
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. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.
Rep. DAVENPORT 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 Senate amendments to the following Bill were taken up for consideration.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Joint Resolution was taken up.
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
Rep. EASTERDAY moved to adjourn debate upon the Joint Resolution until Wednesday, May 8.
Rep. COBB-HUNTER moved to table the motion, which was agreed to.
The Joint Resolution was then read the third time and ordered sent to the Senate.
The following Bill was taken up.
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
Rep. WILKINS explained the Bill.
Rep. BAXLEY spoke against the Bill.
Rep. D. SMITH spoke in favor of the Bill.
Rep. HODGES spoke against the Bill.
Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, March 12.
Rep. LIMBAUGH moved to table the motion.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Cobb-Hunter Govan Harris, J. Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keyserling Kinon Lee Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Shissias Stille Tucker Whipper, L. White Wilder Wilkes Williams
So, the motion to adjourn debate was tabled.
Rep. QUINN moved that the House recur to the morning hour, which was rejected.
Rep. LIMBAUGH spoke in favor of the Bill.
Rep. McTEER inquired about the House reconsidering the vote and whether or not the previous question would be removed.
SPEAKER Pro Tempore HASKINS stated that under the Rules the previous question would still be on the Bill as it would be at the same stage of the Bill in second reading.
Rep. HARRISON moved to reconsider the vote whereby the Bill was given a second reading.
Rep. SCOTT moved to table the motion to reconsider.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Cave Cobb-Hunter Harvin Hines, J. Hines, M. Hodges Howard Lee McMahand Neal Scott Wilkes Williams
Those who voted in the negative are:
Allison Askins Bailey Brown, G. Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McElveen Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. D. SMITH moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4654 -- Reps. Tucker and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THOMAS M. CAMAK, SR., OF ANDERSON, FORMERLY OF WARE SHOALS, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4664 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF KEVIN MORRIS OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4665 -- Reps. Tucker, Carnell, McAbee and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HERMAN HAYNIE OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
At 11:55 A.M. the House in accordance with the motion of Rep. KNOTTS adjourned in memory of Lowell C. Spires, Sr. of West Columbia, to meet at 10:00 A.M. tomorrow.
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