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 Who has made us for Yourself, draw us close to You with cords of love that cannot be broken. Give us the constant assurance of Your presence which can completely shatter our doubts, give confidence in problems, quiet our fears. Deliver us from lack of faith which darkens our days and dwarfs our effectiveness, holds us back from what we can be and which we are meant to be. Teach us to know that in our confusion, You are Light; in our weakness, You are Strength; in our sorrow You are consolation; in our restlessness, You are peace.
Hear us, Lord, in this our prayer of praise and Thanksgiving. 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.
The following was received from the Senate.
Columbia, S.C., April 4, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3355:
H. 3355 -Rep. Blackwell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.
and asks for a Committee of Conference and has appointed senators SALEEBY, POPE and STILWELL of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 060
Whereupon, the Chair appointed Reps. BLACKWELL, BAXLEY, and WILKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 4, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators SALEEBY, FIELDING and LINDSAY of the Committee of Conference on the part of the Senate on S. 333:
S. 333 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO DEVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.
Very respectfully,
President
No. 040
The following was received.
Columbia, S.C., April 4, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 255:
S. 255 -- Senator Williams: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF BOND FOR PERSONAL REPRESENTATIVES FOR PURPOSES OF THE SOUTH CAROLINA PROBATE CODE, SO AS TO ELIMINATE THE REQUIREMENT THAT A WILL EXPRESSLY WAIVE THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE NAMED IN THE WILL FOR THERE TO BE NO BOND REQUIRED, TO ELIMINATE REDUNDANT LANGUAGE RELATING TO THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE OF AN INTESTATE ESTATE, TO WAIVE THE REQUIREMENT FOR BOND FOR A RESIDENT PERSONAL REPRESENTATIVE APPOINTED UNDER A WILL UNLESS THE WILL CONTAINS AN EXPRESS REQUIREMENT OF BOND, AND TO GIVE THESE CHANGES RETROACTIVE APPLICATION TO WILLS PROBATED AFTER JULY 12, 1988.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received. Columbia, S.C., April 4, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 62, H. 3501 by a vote of 46 to 0.
(R62) H. 3501 -- Rep. Davenport: AN ACT APPROVING THIS DISSOLUTION OF THE UNA WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S WATER DISTRIBUTION SYSTEM AND ALL RELATED ASSETS TO THE COMMISSIONERS OF PUBLIC WORKS OF THE CITY OF SPARTANBURG AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S SEWERAGE COLLECTION SYSTEM AND ALL RELATED ASSETS TO THE SPARTANBURG SANITARY SEWER DISTRICT, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S FIRE PROTECTION ASSETS TO THE UNA COMMUNITY VOLUNTEER FIRE DEPARTMENT CORPORATION, AN ELEEMOSYNARY CORPORATION CREATED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE AREA WHICH COMPRISES THE UNA WATER DISTRICT; AND TO REPEAL ACT 682 OF 1955 RELATING TO THE UNA WATER DISTRICT.
Very respectfully,
President
No. 015
Received as information.
On Motion of Rep. McEACHIN, with unanimous consent, the following was taken up for immediate consideration:
H. 3812 - Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1989, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chamber of the Senate and the House of Representatives on Friday, June 16, 1989, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
The Concurrent resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3813 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND EVERETTE MATTHEWS AND TED PARR, OWNERS OF METAL BUILDERS, INC., OF SPARTANBURG FOR THE SUPERLATIVE REPUTATION THEY HAVE GAINED SINCE ENTERING THE CONTRACTING BUSINESS IN 1977.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 601 -- Senator Lourie: A CONCURRENT RESOLUTION TO COMMEND PROFESSOR GUTHRIE DARR ON HIS FORTIETH YEAR AS DIRECTOR OF THE COLUMBIA CHORAL SOCIETY AND FOR HIS MANY YEARS OF OUTSTANDING AND EXCELLENT SERVICE AS A PROFESSIONAL MUSICIAN, EDUCATOR, AND DEDICATED COMMUNITY SERVANT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3814 -- Reps. Koon, Rhoad, Cork, Mattos, McKay, Nesbitt, G. Bailey, Burch, Phillips, Blackwell, Gordon, Nettles, Stoddard, Hallman, Smith, Kay, Quinn and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-5-65, SO AS TO AUTHORIZE THE OWNER OF ANY ANIMAL REQUIRED TO BE INOCULATED AGAINST RABIES TO PERFORM THIS INOCULATION HIMSELF, TO ALLOW AN OWNER TO PURCHASE THE NECESSARY RABIES VACCINE OVER THE COUNTER IF THE VACCINE IS TO BE USED FOR INOCULATING THE OWNER'S ANIMAL AGAINST RABIES AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3815 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO REQUIRE A PRIME CONTRACTOR FOR THE CONSTRUCTION OF ANY TYPE PROJECT TO BE BONDED FOR THE AMOUNT OF THE CONTRACT.
Referred to Committee on Labor, Commerce and Industry.
H. 3816 -- Reps. J. Rogers, Felder, Sheheen and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-155 SO AS TO PROVIDE THAT WHEN ANY RAILROAD CORPORATION OR COMPANY ABANDONS AN EXISTING LINE, TRACK, OR RIGHT-OF-WAY, IT SHALL PAY THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION FIVE THOUSAND DOLLARS FOR EACH MILE OR FRACTION OF A MILE ABANDONED TO COMPENSATE THE STATE FOR THE LOSS OF PUBLIC CONVENIENCE, AND TO PROVIDE THAT IF THE RAILROAD CORPORATION OR COMPANY OWNS TITLE TO THE ABANDONED LINE OR TRACK IN FEE SIMPLE, IT SHALL TRANSFER TITLE TO THIS LINE OR TRACK TO THE PUBLIC RAILWAYS COMMISSION TO BE HELD FOR USE BY THE COMMISSION IN THE SAME MANNER AS OTHER TRACK OF THE COMMISSION IS USED; AND TO AMEND SECTION 58-17-150, RELATING TO IMPROVEMENT OR EXTENSION OF RAILROAD FACILITIES AND THE RETIREMENT OF CERTAIN TRACK FROM USE, SO AS TO DELETE PROVISIONS RELATING TO THE RETIREMENT OF THE TRACK FROM USE.
Referred to Committee on Labor. Commerce and Industry.
H. 3817 -- Reps. Fetter, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIAL MAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING OR STRUCTURE.
Referred to Committee on Judiciary.
H. 3818 -- Reps. Washington and Winstead: A JOINT RESOLUTION EXTENDING UNTIL JULY 16, 1989, THE TIME FOR FILING A CLAIM FOR REFUND FOR THE 1986 TAXABLE YEAR FOR INDIVIDUALS WHOSE STATE INDIVIDUAL INCOME TAX LIABILITY FOR THAT YEAR MAY BE AFFECTED BY THE DECISION OF THE UNITED STATES SUPREME COURT IN DAVIS V. MICHIGAN DEPARTMENT OF TREASURY AND TO LIMIT CLAIMS FOR REFUNDS FILED DURING THE EXTENSION TO CLAIMS BASED ON THAT DECISION.
Referred to Committee on Ways and Means.
H. 3819 -- Rep. Harvin: A BILL TO CLARIFY THE DESCRIPTION OF THE STATE FLAG OF SOUTH CAROLINA AND TO STANDARDIZE THE DESIGN OF THE PALMETTO TREE AND THE CRESCENT DISPLAYED UPON IT.
Referred to Committee on Education and Public Works.
H. 3820 -- Reps. Short, Ferguson, Phillips, Hayes, Littlejohn, Wells, Farr, Nesbitt, McGinnis, Kirsh, Hodges, Lanford and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-704 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 4 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Rep. SHORT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SHARPE objected.
Referred to Committee on Agriculture and Natural Resources.
S. 62 -- Senators Long, Land, Gilbert, Hinson and Rose: A BILL TO AMEND TITLE: 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO REQUIRE MEDIATION BETWEEN FARM DEBTORS AND CREDITORS, TO IMPLEMENT RESTRUCTURING OF DEBT PAYMENTS TO AVOID FORECLOSURES, AND TO ENABLE FARMERS TO CONTINUE OPERATING OR TO REACH OTHER MUTUALLY BENEFICIAL AGREEMENTS.
Referred to Committee on Agriculture and Natural Resources.
S. 65 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 414 -- Senators J. Verne Smith, Bryan, Courson, Drummond, Giese, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Moore, O'Dell, Pope, Saleeby, Setzler, Stilwell, Wilson, Rose, Horace C. Smith, Martschink, Mullinax, Leventis, McGill, Nell W. Smith and Hayes: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED BURIAL CONTRACTS, SO AS TO CHANGE THE NAME OF THE CONTRACTS AUTHORIZED UNDER THE CHAPTER TO PRENEED FUNERAL CONTRACTS, TO DEFINE THE TERMS "SELLER", "PROVIDER", "PURCHASER", AND "BENEFICIARY", TO PROVIDE AN EXEMPTION FOR MAUSOLEUM CRYPTS FROM THE REQUIREMENT THAT PAYMENTS OF MONEY WHICH HAVE THE PURPOSE OF FURNISHING FUNERAL SERVICES MUST BE HELD IN TRUST FUNDS, TO REQUIRE THAT ALL TAXES ON THE TRUST ACCOUNT MUST BE PAID IN ACCORDANCE WITH THE INTERNAL REVENUE CODE AND APPLICABLE RULES AND REGULATIONS, TO PROVIDE FOR A FUNERAL CONTRACT WHEN THE FULL CONTRACT PRICE AMOUNT IS PAID TO THE PROVIDER, TO REQUIRE THAT THE FUNDS HELD BY A FINANCIAL INSTITUTION IN TRUST FOR A BENEFICIARY MUST NOT BE PAID UNTIL A DEATH CERTIFICATE IS FURNISHED BY THE PROVIDER, TO PROVIDE FOR THE REFUND OF AMOUNTS DEPOSITED WITH THE PROVIDER WHEN THEY DO NOT CONSTITUTE PAYMENT IN FULL, TO PROVIDE THAT ALL CONTRACTS CONTAIN THE NAME AND FUNERAL SERVICE LICENSE NUMBER OF THE PROVIDER AND SELLER, TO PROVIDE FOR A PROCEDURE FOR ESTABLISHING A TRUST FOR THE PURCHASER OF A CONTRACT AND ESTABLISH REQUIREMENTS WITH REGARD TO THE ESTABLISHMENT AND MAINTENANCE OF A TRUST ACCOUNT, TO PROVIDE THAT THE CONTRACT IS VOIDABLE IF THE PURCHASER FAILS TO MAKE PAYMENTS AS PROVIDED IN THE CONTRACT, TO PROVIDE THAT IF THE MERCHANDISE SELECTED IS NOT AVAILABLE AT THE TIME OF NEED THAT THE PROVIDER MUST MAKE AVAILABLE TO THE PURCHASER MERCHANDISE OF EQUAL OR GREATER VALUE WHICH MUST BE APPROVED BY THE PURCHASER OR HIS REPRESENTATIVE, TO PROVIDE UNDER WHAT CONDITIONS CONTRACTS MAY BE MADE IRREVOCABLE, TO PROVIDE FOR A PROCEDURE FOR THE REFUND OF MONIES PAID FOR A CONTRACT, TO PROVIDE A PROCEDURE FOR THE TRANSFER TO ANOTHER PROVIDER OF A CONTRACT, TO DELETE PROVISIONS WITH REGARD TO THE MANNER IN WHICH TRUST FUNDS MUST BE ESTABLISHED AND MAINTAINED, TO PROVIDE FOR THE OCCURRENCE OF A PROVIDER GOING OUT OF BUSINESS, TO AUTHORIZE THE BOARD OF FINANCIAL INSTITUTIONS TO ESTABLISH AN AMOUNT RATHER THAN A TWO DOLLAR SERVICE CHARGE TO BE COLLECTED FROM EACH PURCHASER TO BE USED IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER, TO DELETE PROVISIONS MAKING IT UNLAWFUL FOR ANY PERSON OTHER THAN A FUNERAL DIRECTOR OR HOME TO FURNISH OR PERFORM FUNERAL SERVICES TO ACCEPT OR HOLD PAYMENTS ON A PRENEED BURIAL CONTRACT EXCEPT FINANCIAL INSTITUTIONS, TO DELETE PROVISIONS RELATING TO COMMISSIONS ALLOWED PERSONS ON TRUST FUNDS WHICH ARISE OUT OF A PRENEED BURIAL CONTRACT, TO DELETE PROVISIONS WHICH MAKE IT UNLAWFUL FOR A LICENSEE WHO SELLS PRENEED BURIAL CONTRACTS TO SOLICIT OR PUBLICLY ADVERTISE THE AVAILABILITY OF THEM AND TO ESTABLISH A PROCEDURE FOR THE SOLICITATION AND ADVERTISING OF PRENEED FUNERAL CONTRACTS, AND TO PROVIDE FOR THE PROHIBITION ON THE SOLICITATION OF THESE CONTRACTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 415 -- Senators Wilson, Lourie, Giese, Setzler and Rose: A BILL TO AMEND SECTION 5-7-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER STREETS AND HIGHWAYS IN MUNICIPALITIES, SO AS TO PROVIDE THAT ANY STREET OR HIGHWAY SERVING AS A BOUNDARY BETWEEN TWO MUNICIPALITIES IS UNDER THE POLICE JURISDICTION OF BOTH MUNICIPALITIES REGARDLESS OF THE MUNICIPALITY IN WHICH THE STREET OR HIGHWAY IS LOCATED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 590 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO TANDEM TRAILER COMBINATIONS AND OTHER LARGER VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. ALTMAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Barfield Baxley Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Bares, M.D. Buriss, T.M. Carnell Chamblee Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Farr Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Holt Huff Johnson, J. W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Wright
I came in after the roll call and was present for the Session on April 5, 1989.
Larry Gentry John G. Fetter Paul Burch Michael F. Jaskwhich Carole C. Wells L. Edward Bennett Roland S. Corning Ennis M. Fant Howell Clyborne Dell Baker Will McCain Robert Hayes, Jr. George H. Bailey Thomas N. Rhoad Ken Bailey Tim Wilkes Larry Blanding James C. Johnson Joseph McElveen David Beasley John I. Rogers Donna A. Moss
LEAVE OF ABSENCE
The SPEAKER granted Rep. WINSTEAD a leave of absence for today and tomorrow due to district business with the U.S. Air Force.
Announcement was made that Dr. F.W. Henderson of Columbia is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3790 -- Reps. McLellan and T.C. Alexander: A BILL TO DESIGNATE A ROAD IN OCONEE COUNTY AS THE "SAMUEL BRUCE ROCHESTER MEMORIAL HIGHWAY" .
H. 3565 -- Rep. T.M. Bares: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.
H. 3532 -- Reps. Sharpe and McCain: A BILL TO AMEND SECTIONS 48-43-10 AND 48-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OIL AND GAS EXPLORATION, DRILLING, TRANSPORTATION, AND PRODUCTION, SO AS TO DEFINE "SANITARY LANDFILL" AND TO REGULATE ACTIVITIES RELATING TO WASTE AND ANTIPOLLUTION ACTIVITIES INVOLVING OIL AND GAS AND TO REGULATE ACTIVITIES RELATING TO METHANE GAS IN AND RELATED TO LANDFILLS.
H. 3657 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.
H. 3770 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 12-27-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ETHANOL MOTOR FUEL TAX INCENTIVE, SO AS TO ADD CORN AND ITS BY-PRODUCTS TO THE LIST OF FEED STOCKS IN THE DEFINITION OF FUEL ETHANOL, PROVIDE THAT TO QUALIFY FOR THE INCENTIVE THE PRINCIPAL FEED STOCK FROM WHICH FUEL ETHANOL IS DISTILLED MUST BE GROWN IN THIS STATE, AND TO DELETE THE RECIPROCITY PROVISION WHICH GIVES INCENTIVES TO PRODUCERS OF FUEL ETHANOL PRODUCED OUTSIDE OF THIS STATE.
H. 3777 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LONG-TERM CARE INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1071, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3781 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-28-10, 40-28-40, 40-28-80, 40-28-100, 40-28-110, 40-28-120, 40-28-140, 40-28-160, 40-28-170, 40-28-180, 40-28-190, AND 40-28-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF "LANDSCAPE ARCHITECT" AND "LANDSCAPE ARCHITECTURE", TO REQUIRE MEMBERS OF THE COUNCIL APPOINTED BY THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS TO BE REGISTERED LANDSCAPE ARCHITECTS, TO CHANGE REFERENCES TO CERTIFICATES TO CERTIFICATES OR LICENSES, TO CHANGE QUALIFICATION AND EXAMINATION REQUIREMENTS FOR LICENSURE, TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY A PARTNERSHIP OR CORPORATION, TO CHANGE FEES, AND TO CHANGE PENALTY PROVISIONS.
H. 3801 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO SALES TAX ON SUBSCRIPTION PUBLICATIONS, MICROFILM OR MICROFICHE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1023, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 202 -- Finance Committee: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND COLLECTION OF TAXES, BY ADDING ARTICLE 5, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS.
The following Bill was taken up.
H. 3084 -- Rep. Sturkie: A BILL TO AMEND TITLE 48, CODE: OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE BEACH MANAGEMENT TRUST FUND; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-715 SO AS TO PROVIDE AN ADDITIONAL ACCOMMODATIONS TAX IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, AND HORRY COUNTIES AND PROVIDE FOR THE USE OF ITS PROCEEDS.
The House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0072R).
Amend the bill, as and if amended, SECTION 1, by striking Section 48-40-20 and inserting:
Section 48-40-20. (A) There is created in the State Treasury the 'Beach Management Trust Fund'. Notwithstanding any other provisions of law, all proceeds resulting from the issuance of state capital improvement bonds for beach restoration must be credited to this fund. Disbursements from the fund are subject to the approval of the committee in order to carry out the proper state responsibilities in a comprehensive long range, statewide beach management plan for erosion control, beach preservation, beach restoration and renourishment, and hurricane protection. A fund balance of five percent must be maintained at all times to meet emergencies described in Section 48-40-50.
(B) The Beach Management Trust Fund is not available for transfer for a purpose other than those provided for in this section.
Amend the bill further by striking Section 48-40-30 and inserting:
Section 48-40-30.There is created the 'Beach Management Trust Fund Oversight Committee' consisting of seven members. Notwithstanding any other provisions of law, this committee is responsible for overseeing all disbursements from the Beach Management Trust Fund. Three members must be appointed from the senate by the President, of which two shall represent coastal counties bordering the Atlantic Ocean. Three members must be appointed from the House of Representatives by the Speaker, of which two shall represent coastal counties bordering the Atlantic Ocean. One member is the Governor or his designee. Anyone serving on the Coastal Council is ineligible to serve on the committee. Terms of committee members who are members of the General Assembly are coterminous with their terms of office. The Governor's appointee serves until his successor is appointed. The members are allowed the usual mileage, per diem, and subsistence provided by law for members of state boards, committees, councils, and commissions to be paid by the Coastal Council from the Beach Management Trust Fund. The staff of the Coastal Council shall provide assistance requested by the committee.
Amend the bill further, by striking SECTION 2 in its entirety.
Renumber sections and amend title to conform.
Rep. SHARPE explained the amendment.
Reps. ALTMAN, KEEGAN, CORBETT, KEYSERLING, HOLT and KIRSH objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3808 -- Rep. Cork: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF POINT COMFORT PROPERTY OWNERS ASSOCIATION, INC., IN BEAUFORT COUNTY.
S. 492 -- Senator Williams: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOUR HOLES ATHLETIC CLUB, INC., OF ORANGEBURG COUNTY.
On motion of Rep. CORK, with unanimous consent, it was ordered that H. 3808 be read the third time tomorrow.
On motion of Rep. BENNETT, with unanimous consent, it was ordered that S. 492 be read the third time tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of Section 4, Rep. LIMEHOUSE having the floor.
H. 3695 -- Labor, Commerce and Industry: A BILL TO AMEND ELECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE, THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Rep. LIMEHOUSE continued speaking.
Reps. HODGES and BAXLEY proposed the following Amendment No. 48, which was adopted.
Amend as and if amended.
Amend section 4 at line 44, page 6 to add:
"Provided, however, that in the event the insured or named insured is injured in a non-owned motor vehicle, he is entitled to coverage on any non-stockable uninsured motorist coverage under which he is an insured.
Rep. HODGES explained the amendment. The amendment was then adopted.
Section 4, as amended, was adopted.
Reps. WILKINS and SHEHEEN presented Mr. Yves Trellu, President and Chief Operating Officer of Michelin of North America and recognized him for his contributions to South Carolina.
Rep. LIMEHOUSE explained the Section.
Rep. LIMEHOUSE continued speaking.
Rep. LIMEHOUSE continued speaking.
Further proceedings were interrupted by a Special Presentation, the pending question being consideration of Section 5, Rep. LIMEHOUSE having the floor.
The Richland Delegation presented the C.A. Johnson High School Green Hornets," State 1989 ALA Basketball Champions and the Eau Claire High School "Shamrocks," State 1989 AAAA Basketball Champions and their coaching staffs.
The House stood at ease until the Joint Assembly.
At 11:58 A.M. the House resumed, the SPEAKER in the chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3423 -- Reps. Keyserling, J. Harris, T. Rogers and H. Brown: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD ADVISORY COMMITTEE: TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 5, 1989, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The S.C. Folk Heritage Award Winners and distinguished party were escorted to the rostrum by Senators Hayes, Thomas and Gilbert and Reps. CHAMBLEE, NESBITT and McCAIN .
The Lt. Governor made the following opening remarks:
"For as long as there as been a South Carolina, there have been men and women who have contributed their outstanding artistic skills to improve the quality of life of all of our citizens. Today, we are honored to have with us, special groups, special groups of South Carolinians who are keeping a very special, special form of art alive in our great state. Today, we will honor four folk art artists, folk art groups, for their excellence in practicing their very exclusive craft. But, we also want to thank these individuals today, for their lifetime of community service in learning, practicing, and teaching others in South Carolina. The Folk Heritage Awards were created by the South Carolina General Assembly in 1987, to recognize no more than four folk artists of folk art groups each year for their lifetime of commitment, achievements in the traditional art of folk. Each of these artists has maintained and enriched the lives of all South Carolinians, and certainly, we thank them from the bottom of our hearts today. We thank them and we hope that this rich cultural heritage will continue into the 21st century and on and on. Without further ado, I would like to introduce to you the Honorable Robert Sheheen, for the purpose of presentation of the Awards."
SPEAKER SHEHEEN made the following remarks:
"Thank you Lt. Governor. Before we present the award winners today, this event is brought to you by a substantial number of people who put in some hard work and I want to recognize them for their contributions to today's ceremony and the selection of the winners. Harriet Keyserling, who chairs the Joint Committee on Cultural Affairs, and the members of that Joint Committee on Cultural Affairs, together with the staff, bring us this event each year, and help put it together, and we thank you for that, Harriet, and for the members of the Joint Committee. The actual winners today are chosen by a Citizens Award Advisory Committee, and they are the folks who volunteer their time and effort to review the proposed award winners, and finally select those winners: Ms. Nan a Farris, the Committee Chairman of that Advisory Committee from Aiken County, Mr. Gilbert Blue of York County, Mr. Art Gilliard of Charleston, Dr. Charles Joyner of Georgetown, Mrs. Patti McAbee of McCormick County, Senator John Matthews, and Dr. Gary Stanton, the south Carolina Folk Arts Coordinator. Those folks are with us today, please stand and be recognized. We would like to e~press our appreciation to you. The folk artists who are with us today represent unique and cherished traditions, which represent the essence of South Carolina citizens. The Folk Artist Awards are given each year to show the legislature's encouragement and support of the preservation of those arts, and we hope that they will protect and perpetuate these unique skills, by the recognition that is given each year, so that those unique arts will not be lost for future generations. I'm going to introduce each of the winners this year, with a brief description of the particular skill of each one, and then I hope that we will persuade some of them to give you an example of their talents here today. The first winner is Sars Harris Ayers. she is a highly accomplished Catawba potter, who exemplifies the major artistic tradition of south Carolina's earliest residents. She is the daughter of David A. Harris, chief of the Catawba Nation from 1905 to 1917. Mrs. Ayers learned to make her pottery from her sisters and under the innuence of her grandmother. She makes pottery in the traditional Catawban manner, gathering several types of clay and locations, that have the customary digging sites for generations. She forms the pieces by hand, rubs them smooth using stones and tools that were used by her grandmother. Mrs. Ayers' skills allow her to build the large ' wedding jugs,' 'water jugs' and cooking vessels, in which her grandmother and earlier Catawba potters excelled. She decorates her pottery with animal effigies and faces that are tradition within her family and community. For over 40 years, she and her husband, Foxx Ayers, also a Catawba, have been selling Catawba pottery to people in South Carolina and other eastern states. Mrs. Ayers, congratulations to you, and we are proud to have you visiting with us today, please stand and be recognized. James C. Harbin, Jr. has been president of the Anderson County Singing Convention for over 30 years. A native of the Green Pond section of Anderson County, he grew up in a family of active gospel singers. His father had also served as president of the convention. Mr. Harbin and two of his aunts have performed as a trio form many years. The Anderson County Singing Convention was formed in 1868, earlier that any other known singing convention in this country. Since the early 20th century, the convention has sung from shape note convention books published by the Stamps-Baxter and Vaughan Companies. During the 1950's and 1960's, all of the other singing conventions in South Carolina were discontinued. Mr. Harbin took over the Anderson County Convention during its period of decline and has kept it going through the years. He takes seriously his role in perpetuating that staging. He has attended singing schools sponsored by the Vaughn Company and he buys 100 copies each of the Vaughan and Stamps-Baxter song books as they come out each year. He is locally recognized as a fine performer, both as a singer and as a song leader. We're proud to have you with us today, and congratulations, Mr. Harbin. Carrie Grate Coachman is a native of Georgetown County. She is a quilt maker whose work represents the best in the distinctive traditions of the South Carolina coast. Mrs. Coachman grew up in a traditional quilt making community and learned her sewing skills principally from her mother. Her quilts are marked by an eclectic adaptation of different concepts of quilt patterning. Like most quilters in her region, she often uses many small pieces of cloth, but improvises color combinations into patterns that she has designed herself. Describing herself as an American quilter, she draws upon the string quilt concept of the African American community and block pattern concepts from Anglo American design to create personal artistic statements that synthesize diverse traditional elements in her own personal style. She is recognized within her community as a fine quilt maker and teaches her skills to others near her home on Pawleys Island. Mrs. Coachman, congratulations to you, and thank you for being with us. The Jarvis Brothers Quintet, Ulysses Jr., Reginald, Donald, Anthony, and Rogers Jarvis of Orangeburg County, are the living continuation of the Jubilee style of acappella gospel singing that was immensely popular during World War II. Organized and arranged by their mother, Anna Gadsden Jarvis, these five sons began singing spirituals over 30 years ago in the tight harmonies and the careful intonation of the Jubilee style. Each brother has held positions of authority in the Orangeburg area that has demanded much of their attention, but despite that, and the demands on their time, they have continued to sing as a group, practicing each Thursday night under the watchful gaze of their parents and singing on weekends for churches and meetings across South Carolina and the Southeast. The Jarvis brothers are models for young singers in gospel music and provide a window of quality through their virtuosity and excitement in the performance of African American religious music in the 20th century. Congratulations to the Jarvis Brothers Quintet. And I am told that the parents of the Jarvis Brothers Quintet are here, too. Please stand and be recognized. We are proud to have you visiting with us. And, although I'm not sure if I am supposed to do it, at this time, I'm going to prevail upon the Jarvis Brothers Quintet, if I can, to give us an exhibition of their style."
The Jarvis Brothers Quintet then performed for the Joint Session.
The SPEAKFR presented the Folk Heritage Awards to the winners and the Lt. Governor recognized the members of the families of our special guests, who are here today in the balcony.
Upon the conclusion of the presentation, the distinguished guests and their escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Reeolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 P.M. the House resumed, the SPEAKER in the Chair.
Rep. WILKINS moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Section 5, Rep. LIMEHOUSE having the floor.
H. 3695 -- Labor, Commerce and Industry: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-67-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE: 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES, OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCES EXCEPT UNDER CERTAIN CONDITIONS), OR RELATJNG TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARI3 NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OF UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN TIIE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLBMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE BALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Rep. LIMEHOUSE continued speaking and moved to adjourn debate upon Section 5, which was adopted.
Rep. BLACKWELL spoke against the section and moved to recommit the Bill to the Committee on Labor, Commerce and Industry.
Rep. R. BROWN moved to table the motion, and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barber Beasley Blanding Brown, G Brown, H. Brown, R. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Corning Derrick Fair Fant Farr Felder Ferguson Foster Gentry Glover Hallman Harris, J. Haskins Hayes Hearn Hendricks Huff Johnson, J.C. Johnson, J. W. Keegan Keesley Keyserling Kirsh Klapman Kohn Limehouse Littlejohn Mappus Martin, L. McCain McEachin McGinnis McLellan McLeod Moss Neilson Nettles Rama Rogers, T. Rudnick Sheheen Simpson Stoddard Tucker Waldrop Wells White Wilder Wilkes Wilkins Williams, J. Wofford Wright
Those who voted in the negative are:
Bailey, J Barfield Baxley Blackwell Boan Burch Harris, P. Harwell Hodges Jaskwhich Martin, D. Mattos McElveen Nesbitt Rhoad Sharpe Short Smith Townsend Waites Washington Whipper
So, the motion to table was agreed to.
Rep. LIMEHOUSE moved to adjourn debate upon section 6.
Rep. T. ROGERS moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Barfield Baxley Blanding Brown, G. Brown, J. Burch Faber Fant Farr Felder Gentry Glover Harwell Haves Hodges Huff Johnson, J.C. Johnson, J. W. Keesley Keyserling Martin, D. McBride McEachin McElveen McLeod McTeer Rogers, J Rogers, T. Rudnick Sheheen Short Smith Taylor Tucker Waites Washington Whipper White Wilkes Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Beasley Blackwell Boan Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Corning Derrick Fair Ferguson Hallman Harris, J. Harris, P. Haskins Hearn Hendricks Jaskwhich Keegan Kirsh Klapman Kohn Limehouse Littlejohn Mappus Martin, L. McCain McGinnis McLellan Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Sharpe Simpson Stoddard Vaughn Waldrop Wells Wilder Wilkins Wofford
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate on Section 6, which was agreed to.
Rep. LIMEHOUSE moved to adjourn debate upon the Section.
Rep. BAXLEY moved to table Section 7.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Barber Barfield Baxley Blanding Brown, G. Brown, J. Burch Faber Fant Farr Felder Foster Gentry Glover Harris, J. Harwell Hayes Hodges Huff Johnson, J.W. Kay Keesley Keyserling Martin, D. McAbee McBride McEachin McElveen McTeer Nesbitt Nettles Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Stoddard Taylor Townsend Tucker Waites Washington Whipper White Wilkes Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Beasley Bennett Blackwell Boan Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Corning Derrick Fair Ferguson Hallman Harris, P. Haskins Hearn Hendricks Jaskwhich Keegan Kirsh Klapman Kohn Limehouse Littlejohn Mappus Martin, L. Mattos McCain McGinnis McKay McLellan McLeod Moss Neilson Phillips Quinn Rama Sharpe Simpson Vaughn Waldrop Wells Wilder Wilkins Wofford Wright
So, the House refused to table Section 7.
The question then recurred to the motion to adjourn debate on Section 7, which was agreed to.
Rep. MAPPUS explained the Section.
Rep. J. BAILEY spoke against the Section.
Rep. J. ROGERS moved to adjourn debate upon the Section.
Rep. R. BROWN moved to table the motion, which was not agreed to by a division vote of 41 to 50.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. J. ROGERS moved to adjourn debate upon Sections 9-54.
Rep. LIMEHOUSE raised the Point of Order that the motion to adjourn debate on Sections 9 through 54 was out of order since the question had been divided and the motion to adjourn debate must be made on each section.
The SPEAKER sustained the Point of Order.
Rep. J. ROGERS moved to adjourn debate upon Section 9.
Rep. LIMEHOUSE moved to table the motion.
Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Blackwell Blanding Boan Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Fair Felder Ferguson Hallman Harris, J. Haskins Hearn Hendricks Jaskwhich Keegan Kirsh Klapman Kohn Limehouse Littlejohn Manly Mappus Martin, L. Mattos McCain McGinnis McKay McLellan Moss Neilson Nettles Phillips Quinn Rama Sharpe Sheheen Simpson Snow Stoddard Vaughn Waldrop Wells Wilder Wilkins Wofford Wright
Those who voted in the negative are:
Bailey, J. Barber Barfield Baxley Beasley Brown, G. Brown, J. Burch Elliott Faber Fant Farr Foster Gentry Glover Harris, P. Harwell Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Martin, D. McAbee McBride McEachin McElveen McLeod Rogers, J. Rogers, T. Rudnick Short Smith Taylor Townsend Tucker Waites Washington Whipper Wilkes Williams, J.
So, the motion to table was agreed to.
Rep. ALTMAN proposed the following Amendment No. 31 (Doc. No. 2927U), which was adopted.
Amend the bill, as and if amended, Section 56-10-240, as contained in SECTION 9, p. 16, by striking line 36 and inserting:
/certified first class mail; return receipt requested, of the/.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Rep. T.C. ALEXANDER explained the Section.
Section 9, as amended, was adopted.
Rep. HAYES moved to adjourn debate upon the Section, which was adopted.
Rep. LIMEHOUSE explained the Section.
Rep. GREGORY spoke against the Section.
Rep. McLELLAN spoke in favor of the Section.
Rep. GREGORY moved to table the Section, which was not agreed to by a division vote of 17 to 77.
The question then recurred to the adoption of Section 11, which was agreed to.
Rep. LIMEHOUSE moved to adjourn debate upon the Section, which was adopted.
Rep. MAPPUS explained the Section.
Rep. T. ROGERS moved to adjourn debate upon the Section, which was adopted.
Rep. HASKINS moved to suspend the division of the question on Sections 14 through 20, which was agreed to.
Rep. T. ROGERS moved to adjourn debate upon Sections 14 through 20, which was adopted.
Rep. LIMEHOUSE moved to adjourn debate upon the Section.
Rep. T. ROGERS moved to table the motion.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Barfield Baxley Blanding Brown, G. Brown, J. Burch Carnell Faber Fant Farr Felder Ferguson Foster Gentry Glover Gregory Harris, J. Harris, P. Harvin Harwell Hayes Hodges Holt Huff Johnson, J.C. Johnson, J. W. Kay Keesley Keyserling Manly Martin, D. Mattos McAbee McBride McEachin McElveen McLeod McTeer Nesbitt Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Stoddard Taylor Townsend Tucker Waites Washington Whipper White Wilkes Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baxley, G. Baker Beasley Blackwell Boan Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Hallman Haskins Hearn Hendricks Jaskwhich Keegan Kirsh Klapman Kohn Koon Limehouse Littlejohn Mappus Martin, L. McCain McGinnis McKay McLellan Moss Neilson Nettles Phillips Quinn Rama Sharpe Simpson Snow Sturkie Vaughn Waldrop Wells Wilder Wilkins Wofford Wright
So, the House refused to table the motion to adjourn debate.
The SPEAKER granted Rep. KLAPMAN a temporary leave of absence for the remainder of the day.
The question then recurred to the motion to adjourn debate on Section 21.
Rep. BLANDING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Beasley Blackwell Boan Brown, H. Brown, R. Bruce Buriss, M.D. Buriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Hallman Haskins Hearn Hendricks Jaskwhich Keegan Kirsh Kohn Koon Limehouse Littlejohn Mappus Martin, L. McCain McGinnis McKay McLellan Moss Neilson Nettles Quinn Rama Sharpe Simpson Sturkie Vaughn Waldrop Wells Wilkins Wofford Wright
Those who voted in the negative are
Altman Bailey, J. Barfield Baxley Bennett Blanding Brown, G. Brown, J. Burch Carnell Faber Fant Farr Felder Ferguson Foster Gentry Glover Gregory Harris, J. Harris, P. Harvin Harwell Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Manly Martin, D. Mattos McAbee McBride McEachin McElveen McLeod McTeer Nesbitt Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Stoddard Taylor Townsend Tucker Waites Washington Whipper White Wilder Wilkes Williams, J.
So, the motion to adjourn debate was rejected.
Rep. BLACKWELL proposed the following Amendment No. 6 (Doc. No. 3186U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 21 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. McLELLAN explained the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Brown, H. Brown, R. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Corbett Cork Corning Davenport Derrick Elliott Hallman Haskins Hearn Jaskwhich Keegan Klapman Kohn Koon Limehouse Littlejohn Martin, L. McCain McGinnis McKay Moss Quinn Rama Rhoad Simpson Vaughn Wells Wilkins Wofford Wright
Those who voted in the negative are:
Altman Bailey, J. Bailey, K. Barber Barfield Baxley Bennett Blanding Boan Brown, G. Brown, J. Burch Cooper Faber Fair Fant Farr Felder Ferguson Foster Gentry Glover Gregory Harris, J. Harris, P. Harvin Harwell Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J. W. Kay Keesley Keyserling Kirsh Manly Mappus Martin, D. Mattos McAbee McBride McEachin McElveen McLELLAN McLeod McTeer Nesbitt Nettles Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Stoddard Taylor Townsend Tucker Waites Waldrop Washington Whipper White Wilder Wilkes Williams, D. Williams, J.
So, the House refused to table the amendment.
Reps. L. MARTIN and R. BROWN spoke against the amendment.
Rep. R. BROWN moved to adjourn debate upon section 21.
Rep. McLELLAN moved to table the motion.
Rep. LIMEHOUSE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Bailey, K. Barber Baxley Blanding Boan Brown, J. Burch Cooper Faber Fant Farr Felder Ferguson Foster Glover Gregory Harris, J. Harvin Harwell Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Mattos McAbee McBride McEachin McElveen McLELLAN McTeer Nesbitt Nettles Phillips Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Taylor Townsend Tucker Waites Washington Whipper White Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Beasley Bennett Brown, H. Brown, R. Bruce Burriss,M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Cork Corning Davenport Derrick Elliott Fair Gentry Hallman Harris, P. Haskins Hearn Hendricks Jaskwhich Keegan Klapman Kohn Koon Limehouse Littlejohn Mappus Martin, L. McCain McGinnis Moss Neilson Quinn Rama Rhoad Sharpe Simpson Stoddard Vaughn Waldrop Wells Wilder Wilkins Wofford Wright
So, the motion to table was agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HASKINS moved to suspend the division of the question on Sections 22 through 54.
Rep. T. ROGERS inquired whether the suspension of the dividing of the question on Sections 22-54 would put the House in a position to take another affirmative vote to reimpose the Rule as to those sections.
The SPEAKER stated that if the House suspended the division of the question on Sections 22-54, then the House would have to divide the question again before considering each section.
Rep. McTEER further inquired about which Rule allowed the suspension of the dividing of the question.
The SPEAKER stated that if the House can divide the question, then they could suspend the division of the question.
The question then recurred to the motion to suspend the division of the question on Sections 22 through 54, which was agreed to by a division vote of 75 to 21.
Rep. HASKINS moved to adjourn debate upon Sections 22 through 54, which was adopted.
Reps. R. BROWN, KOHN, T.C. ALEXANDER, HARVIN, LIMEHOUSE and MAPPUS proposed the following Amendment No. 3 (Doc. No. 3243U), which was tabled.
Amend the bill, as and if amended, p. 55, by striking line 20 and inserting:
/one hundred percent of the medical expenses/
Amend further, p. 56, by striking line 43 and inserting:
/coverages of at least twenty percent. Insurers/
Amend title to conform.
Rep. KOHN explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. R. BROWN spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. R. BROWN, KOHN, T.C. ALEXANDER, HARVIN, LIMEHOUSE and MAPPUS proposed the following Amendment No. 54 (Doc. No. 3243U).
Amend the bill, as and if amended, p. 55, by striking line 20 and inserting:
/one hundred percent of the economic losses/
Amend further, p. 56, by striking line 43 and inserting:
/coverages of at least twenty percent. Insurers/
Amend title to conform.
Rep. R. BROWN explained the amendment.
Rep. R. BROWN continued speaking.
Rep. J. ROGERS moved to table the Section.
Rep. KOHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Barber Barfield Baxley Beasley Bennett Blanding Brown, G. Brown, J. Burch Clyborne Cole Corbett Faber Fant Farr Felder Ferguson Foster Gentry Glover Gregory Harris, J. Harvin Harwell Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Martin, D. Mattos McAbee McBride McEachin McElveen McLellan McTeer Neilson Nesbitt Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Stoddard Taylor Townsend Tucker Waites Washington Whipper White Wilkes Wilkins Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Boan Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Davenport Derrick Elliott Fair Hallman Harris, P. Haskins Hearn Hendricks Jaskwhich Keegan Kirsh Klapman Kohn Koon Littlejohn Manly Mappus Martin, L. McCain McGinnis McKay Moss Quinn Rama Sharpe Simpson Sturkie Vaughn Waldrop Wells Wilder Wofford Wright
So, the Section was tabled.
Rep. MCGINNIS moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division of 71 to 25.
Rep. J. ROGERS moved to reconsider the vote whereby Sections 4, 9 and 11 were adopted and the motion noted.
Further proceedings were interrupted by adjournment pending question being consideration of Section 56.
The Senate returned to the House with concurrence following:
H. 3813 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND EVERETTE MATTHEWS AND TED PARR, OWNERS OF METAL BUILD INC., OF SPARTANBURG FOR THE SUPERLATIVE REPUTATION THEY HAVE GAINED SINCE ENTERING THE CONTRACTING BUSINESS IN 1977.
At 5:15 P.M. the House in accordance with the motion of Rep. MCGINNIS adjourned to meet at 10:00 A.M. tomorrow.
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