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

Thursday, April 6, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Almighty God, always near enough to hear us when we pray and concerned sufficiently to answer when we call, we thank You for the loveliness of this day. We are grateful for good health and loyal friends. Make us ready for the challenges of this day that demand our best. Deal charitably with our frailties and our littleness of faith. Further all our worthy undertakings with Your blessings. In our work, strengthen us; in our difficulties, direct us; in our perils, defend us; in our disappointments, give us endurance. Supply all our needs in keeping with Your knowledge and understanding of all Your children.

In the Name of Jesus we pray. Amen.

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

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

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 4, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1117)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 4, 1989 regulations concerning Fishing in Lake Jocassee and Lake Richard B. Russell from the south Carolina Wildlife and Marine Resources Department.

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

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 4, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1121)
House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on April 4, 1989 regulations concerning professional boxing, kick-boxing and wrestling, and closed circuit television broadcasts, from the South Carolina State Athletic Commission.

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

Sincerely,
Robert J. Sheheen

Received as information.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 6, 1989

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. KEYSERLING the invitation was accepted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 617 -Senator Mitchell: A CONCURRENT RESOLUTION REQUIRING THE STATE BOARD OF EDUCATION TO DEVELOP NUTRITIONAL POLICIES FOR FOODS AVAILABLE TO STUDENTS DURING THE SCHOOL DAY BASED ON THE APPROPRIATE DIETARY GUIDELINES AND URGING LOCAL SCHOOL DISTRICTS AND SCHOOL FOOD SERVICE PROGRAMS TO ADOPT THE POLICIES RECOMMENDED BY THE STATE BOARD.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

INTRODUCTION OF BILLS

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

H. 3821 -- Reps. Hodges, Boan, Haskins and Fair: A BILL TO AMEND SECTION 16-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO REVISE THE PROVISIONS DETAILING WHICH GAMES AND LOCATIONS ARE UNLAWFUL BY PROHIBITING THE PLAYING OF A GAME WITH CARDS OR DICE OR AT A GAMING TABLE OR BETTING FOR ANY THING OF VALUE; PROVIDE FOR A PERSON KEEPING A PUBLIC OR PRIVATE PLACE FOR GAMING TO BE GUILTY OF A FELONY, AND REVISE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE PROVIDED FOR IN THIS ACT.

Referred to Committee on Judiciary.

H. 3822 -- Reps. Hodges, Boan, Fair and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO PROVIDE FOR THE SUSPENSION OF A PERMIT OR LICENSE ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION FOR PREMISES ON WHICH THE PAYMENT OF MONEY OR THE AWARDING OF ANY ITEM OR THING HAVING MONETARY VALUE IS MADE TO THE PLAYERS OF CERTAIN COIN-OPERATED NONPAYOUT PIN TABLES, IN-LINE PIN GAMES, OR VIDEO GAMES WITH FREE-PLAY FEATURE.

Referred to Committee on Judiciary.

H. 3823 -- Reps. Hodges, Boan, Fair and Haskins: A BILL TO REPEAL SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

Referred to Committee on Judiciary.

H. 3824 -- Reps. Hodges; Boan, Fair and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2749 SO AS TO PROVIDE THAT A LICENSEE WHO MAINTAINS FOR USE OR PERMITS THE USE OF, ON ANY PLACE OR PREMISES OCCUPIED BY HIM, CERTAIN COIN-OPERATED NONPAYOUT PIN TABLES, IN-LINE PIN GAMES, OR VIDEO GAMES WITH FREE PLAY FEATURE AND WHO KNOWS OR SHOULD HAVE KNOWN THAT THESE MACHINES HAVE BEEN USED FOR UNLAWFUL PURPOSES IS GUILTY OF A MISDEMEANOR, TO PROVIDE A PENALTY, AND TO PROVIDE FOR THE CONFISCATION OF THE MACHINES BY THE TAX COMMISSION.

Referred to Committee on Judiciary.

H. 3825 -- Reps. Hodges, Boan, Fair and Haskins: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE FOR COIN-OPERATED DEVICES OR MACHINES, THE LICENSE TAX, AND THE MAXIMUM MUNICIPAL LICENSE CHARGES, SO AS TO DELETE CERTAIN PROVISIONS AND TO EXTEND TO COUNTIES THE BAN ON MUNICIPALITIES REGARDING THE LIMITING OF THE NUMBER OF MACHINES WITHIN THEIR BOUNDARIES; AND TO AMEND SECTION 12-21-2746, RELATING TO COIN-OPERATED MACHINES AND DEVICES AND OTHER AMUSEMENTS AND THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO DELETE CERTAIN PROVISIONS, TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO LICENSE THE PREMISES WHICH HOUSE CERTAIN COIN-OPERATED NONPAYOUT PIN TABLE, IN-LINE PIN GAMES, AND VIDEO GAMES WITH A FREE PLAY FEATURE, TO PROVIDE FOR A LICENSE FEE, TO PROVIDE FOR THE REVOCATION OF THE LICENSE, AND TO PROVIDE FOR A PENALTY.

Referred to Committee on Judiciary.

H. 3826 -- Reps. Klapman, T. Rogers, Keyserling, T.M. Burriss, Hearn, P. Harris, Nesbitt, Kirsh, Smith, Hayes, Corning and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-235 SO AS TO PROVIDE THAT THE RATES AND SERVICE AREAS OF ELECTRIC COOPERATIVES ARE SUBJECT TO REVIEW, ASSIGNMENT, OR APPROVAL BY THE PUBLIC SERVICE COMMISSION IN THE SAME MANNER AND UNDER THE SAME CONDITIONS THAT THE RATES AND SERVICE AREAS OF ELECTRIC UTILITIES ARE SUBJECT TO REVIEW, ASSIGNMENT, OR APPROVAL.

Referred to Committee on Labor, Commerce and Industry.

H. 3827 -- Reps. Felder and Winstead: A BILL TO AMEND SECTION 57-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND.

Referred to Committee on Ways and Means.

H. 3828 -- Rep. Stoddard: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR CARRYING CONCEALED WEAPONS, SO AS TO DOUBLE THE PERMIT PERIOD AND THE FEE FOR THE PERMIT, AND TO AMEND SECTION 23-31-150, RELATING TO RETAIL DEALERS PISTOL LICENSES, SO AS TO DOUBLE THE LICENSE PERIOD AND THE LICENSE FEE AND TO PROVIDE FURTHER CONDITIONS WITH WHICH RETAIL DEALERS MUST COMPLY.

Referred to Committee on Judiciary.

H. 3829 -- Rep. Waldrop: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF PISTOLS AND THE EXCEPTIONS, SO AS TO PROVIDE THAT A PERSON MAY CARRY AN UNLOADED PISTOL IN A VEHICLE IF THE PISTOL IS IN A CLOSED HARD CASE.

Referred to Committee on Judiciary.

H. 3830 -- Reps. Hearn, Quinn, M.D. Burriss, Baxley, Waites, Faber and Wilder: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INTERPRETER FOR A DEAF PERSON WHO IS A PARTY TO A LEGAL PROCEEDING OR CONFINED TO AN INSTITUTION, SO AS TO ESTABLISH THE POSITION OF COURT INTERPRETER FOR THE DEAF AND TO PROVIDE FOR HIS FUNCTIONS, DUTIES, AND QUALIFICATIONS.

Referred to Committee on Judiciary.

H. 3831 -- Rep. McLellan: A BILL TO AMEND SECTION 12-19-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES OF BANK HOLDING COMPANIES AND SAVINGS AND LOAN HOLDING COMPANIES, SO AS TO PROVIDE THAT CORPORATE LICENSE FEES PAID BY INSURANCE HOLDING COMPANY SYSTEMS MUST BE MEASURED IN THE SAME MANNER THAT CORPORATE LICENSE FEES FOR BANK HOLDING COMPANIES AND SAVINGS AND LOAN HOLDING COMPANIES ARE MEASURED AND TO DEFINE "INSURER", "INSURANCE HOLDING COMPANY SYSTEM", AND "SUBSIDIARY" OF AN INSURANCE HOLDING COMPANY SYSTEM.

Referred to Committee on Labor, Commerce and Industry.

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

On motion of Rep. McTEER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3833 -- Rep. Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1325 SO AS TO PROVIDE FOR THE PAINTING OF A WHITE CROSS ON ANY PUBLIC STREET OR HIGHWAY AT THE APPROXIMATE POINT WHERE A FATALITY RESULTED FROM A TRAFFIC ACCIDENT.

Referred to Committee on Education and Public Works.

H. 3834 -- Rep. Simpson: A BILL TO AMEND SECTION 56-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION DATE OF DRIVERS' LICENSES AND THE RENEWAL OF THESE LICENSES, SO AS TO PROVIDE THAT IF THE LICENSEE IS SEVENTY OR OLDER AT THE TIME OF THE ISSUANCE OR RENEWAL OF HIS LICENSE, IT EXPIRES EVERY TWO YEARS RATHER THAN EVERY FOUR YEARS, AND TO PROVIDE THAT A PERSON SEVENTY OR OLDER WHEN RENEWING HIS DRIVER'S LICENSE IS REQUIRED TO TAKE THE ROAD TEST.

Referred to Committee on Education and Public Works.

H. 3836 -- Rep. Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-6-1625 SO AS TO PROVIDE THAT THE MAXIMUM FINES OR TERMS OF IMPRISONMENT AUTHORIZED TO BE IMPOSED AGAINST A PERSON CONVICTED OF A SECOND OR SUBSEQUENT SPEEDING OR RACING VIOLATION WITHIN A TWO-YEAR PERIOD ARE DOUBLED.

Referred to Committee on Education and Public Works.

H. 3836 -- Rep. Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-6-1635 SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT OF MOTOR VEHICLES CARRYING HAZARDOUS OR SOLID WASTE, OR FLAMMABLE OR CORROSIVE MATERIALS OR CHEMICALS, IS FIVE MILES AN HOUR UNDER THE AUTHORIZED LIMITS FOR OTHER MOTOR VEHICLES.

Referred to Committee on Education and Public Works.

H. 3837 -- Reps. McAbee, Carnell, Koon, P. Harris and Tucker: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF JOB VACANCIES BY STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES, SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS BEFORE HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO SPECIFY THE INFORMATION THAT MUST BE CONTAINED IN THE NOTIFICATION AND TO MAKE EXCEPTIONS.

Referred to Committee on Ways and Means.

S. 66 -- Senator Land: A BILL TO AMEND SECTION 50-11-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS FOR HUNTING IN GAME ZONE NO. 8, SO AS TO CHANGE THE DATES FOR THE OPEN SEASON TO HUNT ANTLERED DEER FROM SEPTEMBER FIFTEENTH TO JANUARY FIRST TO SEPTEMBER FIRST TO JANUARY FIRST, INCLUSIVE.

Referred to Committee on Agriculture and Natural Resources.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the
Session on April 6, 1989.

Alex Harvin     Larry Blanding

Robert Hayes, Jr     E.B. McLeod

C. Lenoir Sturkie     Dave C. Waldrop

Denny Neilson     Rick Quinn

John G. Fetter     Joseph McElveen

Roland S. Corning     David Beasley

Ken Bailey     Steve Lanford

Marion P. Carnell

Total Present--123

STATEMENT OF ATTENDANCE

Reps. HARVIN and KOON signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, April 6, 1989.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CARNELL a temporary leave of absence.

STATEMENT RE ATTENDANCE

I was absent from the Chamber on Wednesday, April 5, from 3:45 P.M. for the rest of the day due to illness. I would like for the record to so indicate.

Rep. DILL BLACKWELL

DOCTOR OF THE DAY

Announcement was made that Dr. Hunter E. Wood all of Fairfax is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

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.

ORDERED ENROLLED FOR RATIFICATION

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

S. 492 -- Senator Williams: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOUR HOLES ATHLETIC CLUB, INC., OF ORANGEBURG COUNTY.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

S. 690 -- 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.

S. 65-OBJECTIONS

The following Bill was taken up.

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.

Reps. WILKES, KIRSH, KEESLEY, STURKIE and WAITES proposed the following Amendment No. 1 (Doc. No. 3320U), which was tabled.

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

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

Section 56-5-3885. (A) No person may operate a motor vehicle in this State which has affixed or attached to any part of the motor vehicle which is visible to members of the public not occupying the vehicle any sticker, decal, emblem, or other device containing obscene words, photographs, or depictions.

(B) Obscene words, photographs, or depictions must be defined and interpreted as provided in Section 16-15-305(B), (C), (D), and (E).

(C) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars."

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

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. WILKES spoke in favor of the amendment.

Rep. FERGUSON spoke against the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 63; Nays 61

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Boan                   Brown, H.              Bruce
Burch                  Clyborne               Cole
Corbett                Cork                   Davenport
Elliott                Fair                   Farr
Ferguson               Gordon                 Hallman
Harris, J.             Haskins                Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Lanford                Littlejohn             Martin, D.
Martin, L.             Mattos                 McCain
McGinnis               McTeer                 Moss
Neilson                Phillips               Quinn
Rama                   Simpson                Snow
Stoddard               Vaughn                 Waldrop
Wells                  Wilder                 Wilkins
Williams, D.           Wofford

Total-53

Those who voted in the negative are:

Alexander, T.C.        Barber                 Blanding
Brown, J.              Chamblee               Cooper
Faber                  Fant                   Felder
Gentry                 Gregory                Harris, P.
Harvin                 Harwell                Hayes
Hearn                  Hendricks              Hodges
Holt                   Kay                    Keesley
Keyserling             Kirsh                  Koon
Lockemy                Manly                  Mappus
McAbee                 McBride                McElveen
McLellan               McLeod                 Nesbitt
Nettles                Rhoad                  Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Sturkie                Taylor
Townsend               Tucker                 Waites
Washington             Whipper                White
Wilkes                 Williams, J.           Wright

Total--51

So, the amendment was tabled.

Reps. KEESLEY, WHITE, GREGORY, HODGES, WASHINGTON, WILKES and FABER objected to the Bill.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3838 -- Reps. Mattos, Davenport, T. Rogers, G. Brown, Blackwell, Hearn, Gregory, Nesbitt, Hayes, J. Bailey, Barber, Whipper, Klapman, Koon, J.W. Johnson and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 140 SO AS TO REQUIRE THE STATE AUDITOR TO AUDIT THE USE OF STATE FUNDS TOTALING TWENTY THOUSAND DOLLARS OR MORE DIRECTLY APPROPRIATED FOR LOCAL CAPITAL IMPROVEMENT PROJECTS AND TO REQUIRE, IN ADDITION TO OTHER REMEDIES, FULL REIMBURSEMENT PLUS INTEREST TO THE STATE TREASURY IF THE AUDIT DETERMINES THAT FUNDS WERE NOT USED FOR THE PURPOSE FOR WHICH THEY WERE APPROPRIATED.

Referred to Committee on Ways and Means.

H. 3839 - Reps. Beasley, Rama, Corning, Wright, Neilson, Wilkes, J. Brown, Felder, Elliott, Waites, Littlejohn, Wilder, Harvin, Davenport, Tucker, Huff, White, Quinn, T. Rogers, Harwell, Sharpe, M.D. Burriss, Hearn, Rudnick, Rhoad, Wofford and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 137 TO TITLE 59 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND THE 1976 CODE BY ADDING SECTION 59-21-610 SO AS TO PROVIDE FOR THE APPROPRIATION FOR THE EARLY INTERVENTION PROGRAMS; AND TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF SCHOOL ATTENDANCE, SO AS TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS.

Referred to Committee on Education and Public Works.

H. 3840 -- Reps. Black well and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION WHEN DEFINING BY REGULATION THE APPROVED LIST OF COURSES WHICH QUALIFY FOR CREDIT FOR GRADUATION UNDER THE DEFINED MINIMUM PROGRAM MUST INCLUDE FOUR JOURNALISM COURSE CREDITS.

Referred to Committee on Education and Public Works.

H. 3841 -- Reps. McLeod, Ferguson, D. Williams, Blanding, G. Brown, P. Harris, Fant, Glover, Farr, Littlejohn, Klapman, Nesbitt, Townsend, Davenport, Quinn, Kirsh, Huff, Blackwell, Smith, Kay, Faber, McElveen, Mattos and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-15 SO AS TO PROVIDE THAT THE STATE FORESTER IS ELECTED BY THE GENERAL ASSEMBLY FOR A TERM OF FOUR YEARS AND UNTIL HIS SUCCESSOR IS ELECTED AND QUALIFIES, TO DEVOLVE ON THE STATE FORESTER ALL THE POWERS AND DUTIES OF THE STATE COMMISSION OF FORESTRY, AND TO REPEAL SECTIONS 48-23-10, 48-23-20, 48-23-30, 48-23-40, 48-23-50, AND 48-23-60, RELATING TO THE ESTABLISHMENT OF THE STATE COMMISSION OF FORESTRY.

Referred to Committee on Agriculture and Natural Resources.

H. 3695-AMENDED AND INTERRUPTED DEBATE

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

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

Rep. R. BROWN explained the Bill.

SECTION 56--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section. which was adopted.

SECTION 57-AMENDED AND TABLED

Rep. LIMEHOUSE proposed the following Amendment No. 57 (Doc. No. 3334U), which was adopted.

Amend the bill, as and if amended, Section 38-77-590, as contained in SECTION 57, page 58, by striking on line 29
/"/; and inserting on line 30

/( )(1)A servicing carrier who fails a claims audit shall have assignment of future designation suspended until such time that it passes a reaudit and that reaudit must be completed within a period of time which must be prescribed by the Reinsurance Facility Board of Governors.

(2)If the carrier then fails a second audit during its three-year contract, that carrier is disqualified from bidding for renewal of its contract."/

Amend title to conform.

Renumber subsections to conform.

Reps. T.C. ALEXANDER and HARVIN explained the amendment.

The amendment was then adopted.

Reps. T.C. ALEXANDER and MAPPUS explained the Section.

Rep. McLELLAN moved to table the Section.

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

The section was tabled by a division vote of 57 to 46.

SECTION 58-DEBATE ADJOURNED

Reps. R. BROWN, KOHN, T.C. ALEXANDER, HARVIN, LIMEHOUSE and MAPPUS proposed the following Amendment No. 34 (Doc. No. 3249U).

Amend the bill, as and if amended, p. 58, by striking lines 33 and 34 and inserting:

/private passenger automobile insurers must offer, at the insured's option, a minimum one hundred dollars/

Amend further, p. 59, by striking lines 3 and 4 and inserting:

/insured by certified mail, upon the/

Amend further, p. 59, by striking lines 17 and 18 and inserting:

/act, revised premium rates for the optional liability coverage which contain such deductables. The revised rate must be approved by/

Amend title to conform.

Rep. KOHN explained the amendment.

Rep. McLELLAN spoke against the amendment.

Rep. BAXLEY moved to adjourn debate upon the Section, which was adopted.

SECTION 57-MOTION TO RECONSIDER TABLED

Rep. BAXLEY moved to reconsider the vote whereby Section 57 was tabled.

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

Rep. McLELLAN moved to table the motion to adjourn debate, which was agreed to by a division vote of 62 to 17.

The question then recurred to the motion to reconsider the vote whereby Section 57 was tabled.

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

SECTION 59--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 60

Rep. KOHN explained the Section.

Section 60 was adopted.

SECTION 61--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 62--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 63--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 64--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 65--AMENDED AND ADOPTED

Rep. McLELLAN proposed the following Amendment No. 58 (Doc. No. 3264U), which was adopted.

Amend the bill, as and if amended, in Section 65 by adding the following at the end of the section:

/The cost of these motor vehicle reports obtained pursuant to this section must be paid by the insurers and not their agents or the named insureds./

Amend title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

Section 65, as amended, was adopted.

SECTION 66--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 67--DEBATE ADJOURNED

Rep. MAPPUS moved to adjourn debate upon the Section, which was adopted.

SECTION 68-DEBATE ADJOURNED

Rep. KOHN moved to adjourn debate upon the Section, which was adopted.

SECTION 69

Section 69 was adopted.

SECTION 70--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 71--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 72

Section 72 was adopted.

SECTION 73--INTERRUPTED DEBATE

Rep. MAPPUS explained the Section.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Section 73, Rep. MAPPUS on the floor.

RATIFICATION OF ACTS

At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R67) S. 531 -- Senator Lindsay: AN ACT TO AMEND SECTION 59-53-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHESTERFIELD-MARLBORO AREA TECHNICAL EDUCATION COMMISSION, SO AS TO CHANGE THE NAME TO THE CHESTERFIELD-MARLBORO TECHNICAL COLLEGE AREA COMMISSION AND THE NAME OF THE COMMISSION'S COLLEGE TO THE CHESTERFIELD-MARLBORO TECHNICAL COLLEGE AND PROVIDE THAT THE SUPERINTENDENTS OF THE SCHOOL DISTRICTS OF DILLON COUNTY SHALL SERVE IN ROTATING TERMS AS EX OFFICIO MEMBERS OF THE COMMISSION.

(R68) S. 523 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 13 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1989.

(R69) S. 528 -- Senators J. Verne Smith, Mitchell, Stilwell, Bryan and Thomas: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN GREENVILLE COUNTY, AND TO AMEND ACT 765 OF 1978, AS AMENDED, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN GREENVILLE COUNTY, SO AS TO REVISE THE NUMBER AND LOCATION OF THESE MAGISTRATES.

(R70) S. 504 -- Fish, Game and Forestry Committee: AN ACT TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE, SO AS TO SPECIFY THE SPECIES OR GROUPS OF SPECIES OF NONDOMESTIC ANIMALS WHOSE IMPORTATION IS REGULATED AND WHICH ANIMALS ARE EXEMPT FROM REGULATION.

(R71) S. 67 -- Senator Drummond: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

(R72) S. 71 -- Senator Drummond: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.

(R73) S. 270 - Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.

(R74) S. 219 -- Finance Committee: AN ACT TO AMEND SECTION 12-15-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING REQUIREMENTS FOR SOUTH CAROLINA ESTATE TAX RETURNS, SO AS TO INCREASE THE GROSS ESTATE AMOUNT ABOVE WHICH RETURNS MUST BE FILED IN COORDINATION WITH PHASED-IN INCREASES IN THE SPECIFIC EXEMPTIONS FOR ESTATES.

(R75) S. 537 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO MILK AND MILK PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R76) S. 283 -- senators Peeler and Lee: AN ACT TO AMEND SECTION 56-3-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO PROVIDE THAT UPON EVIDENCE OF RELIABILITY IN THE PAYMENT OF ITS OBLIGATIONS THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ACCEPT THE CHECK OF A MOTOR CARRIER COMPANY IN PAYMENT OF APPLICABLE FEES AND ASSESSMENTS.

(R77) S. 505 -- Fish, Game and Forestry Committee: AN ACT TO AMEND SECTION 50-17-366, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIZE LIMITS ON HARD CLAMS, SO AS TO PROVIDE THAT A CLAM HATCHERY OR MARICULTURE OPERATION MAY POSSESS, PURCHASE, SELL, OR TRANSPLANT SUBLEGAL SIZED CLAMS, WITHOUT LIMITATION, UPON OBTAINING A PERMIT FROM THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.

(R78) H. 3189 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Klapman: AN ACT TO AMEND SECTION 40-79-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF BURGLAR ALARM SYSTEM BUSINESSES OF A NONRESIDENT WHO HOLDS A VALID LICENSE OF THE SAME TYPE FROM ANOTHER STATE, SO AS TO PROHIBIT THE ISSUANCE OF A LICENSE TO A NONRESIDENT UNLESS HIS STATE OF PRINCIPAL RESIDENCE ALSO PERMITS SIMILAR LICENSING OF RESIDENTS OF THIS STATE.

(R79) H. 3123 -- Rep. Baker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2575 SO AS TO ALLOW THE USE OF SNARES FOR BEAVERS IN WATER-SETS.

(R80) H. 3306 -- Rep. Mappus: AN ACT TO AMEND SECTIONS 7-15-320 AND 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO WILL BE SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY.

(R81) H. 3430 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R82) H. 3432 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIME VICTIMS' COMPENSATION FUND, RELATING TO LEGAL FEES, DIRECT AWARD, SAME HOUSEHOLD, AND AGE OF CONSENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R83) H. 3643 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INSURANCE HOLDING COMPANY SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1075, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R84) H. 3644 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE MINIMUM STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1063, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R85) H. 3158 -- Rep. Snow: AN ACT TO AMEND SECTION 46-17-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE THAT PROVISIONS IN CHAPTER 17 OF TITLE 46 RELATING TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS ARE EXEMPT FROM THE REQUIREMENTS OF ARTICLE 1, CHAPTER 23 OF TITLE 1 (THE ADMINISTRATIVE PROCEDURES ACT).

THE HOUSE RESUMES

At 11:45 A.M. the House resumed, the SPEAKER in the chair,

H. 3695--AMENDED AND DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Section 73.

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

SECTION 73--AMENDED AND ADOPTED

Rep. DAVENPORT moved to recommit the Bill to the Committee on Labor, Commerce and Industry.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that the motion to recommit the Bill Way out of order as the motion to recommit can be made only once in a 24 hour period.

The SPEAKER, citing Rule 8.11 (b), stated that the motion to recommit can be made once every hour and he overruled the Point of Order.

The question then recurred to the motion to recommit the Bill.

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

Yeas 11; Nays 96

Those who voted in the affirmative are:

Blackwell              Davenport              Harvin
Jaskwhich              Kay                    Littlejohn
Mattos                 McAbee                 Sharpe
Townsend               Waites

Total-11

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, K.             Baker                  Barber
Barfield               Baxley                 Beasley
Bennett                Blanding               Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Felder                 Ferguson
Foster                 Gentry                 Glover
Gordon                 Gregory                Hallman
Harris, J.             Harwell                Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lanford
Limehouse              Lockemy                Manly
Mappus                 Martin, D.             Martin, L.
McBride                McCain                 McEachin
McGinnis               McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, T.             Rudnick                Sheheen
Short                  Simpson                Smith
Snow                   Sturkie                Tucker
Vaughn                 Waldrop                Wells
Whipper                White                  Wilkins
Williams, J.           Wofford                Wright

Total--96

So, the House refused to recommit the Bill.

Rep. SIMPSON spoke against the Section.

LEAVE OF ABSENCE

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

Rep. McLEOD proposed the following Amendment No. 62 (Doc. No. 3369U), which was adopted.

Amend the bill, as and if amended, by striking Section 73 and substituting therefore:

/SECTION 73. The operator or owner of a motor vehicle, when a traffic ticket citing a moving violation is issued by any law enforcement officer, must be furnished a written request form for completion and verification of liability insurance coverage. The officer may only present the form to the motor vehicle operator and the operator or owner of the motor vehicle is only required to complete the form if the license plate check and verification show that the vehicle is uninsured. The form is to be in a manner prescribed by the Department of Highways and Public Transportation.

The completed and verified form must be returned by the operator or owner to the department within fifteen days from the date the form is delivered by the officer. Failure to return the form, verified in the proper manner, is prima facie, evidence that the vehicle was uninsured.

The provisions of Section 56-10-270 are only applicable if the owner does not comply with the requirements of this section./

Renumber sections to conform.

Amend totals and title to conform.

Rep. E.B. McLEOD explained the amendment.

Rep. L. MARTIN moved to table the amendment, which was not agreed to by a division vote of 36 to 65.

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

Section 73, as amended, was adopted.

SECTION 74--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 75--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 76--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 77--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

SECTION 78-- ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the Section, which was adopted.

AMENDMENT NO. 44--DEBATE ADJOURNED

Debate was resumed on Amendment No. 44, which was proposed on Tuesday, April 4, 1989, by Rep. KEESLEY.

Rep. KEESLEY moved to adjourn debate upon the amendment, which was adopted.

MOTION ADOPTED

Rep. T.C. ALEXANDER moved to divide the question on Sections 22-54, which was agreed to.

SECTION 22

Section 22 was adopted.

SECTIONS 26 AND 27--DELETED

Rep. KOHN explained the Section.

POINT OF ORDER

Rep. FELDER raised the Point of Order that Section 26 of the Bill was out of order as it was not germane to the Bill, as the Section dealt with the safety belt law and the Bill dealt with Auto Insurance Reform.

The SPEAKER stated that the Bill was a Committee Bill and the Section was part of that Committee Bill and he overruled the Point of Order.

Rep. KOHN continued speaking.

Rep. FELDER spoke against the Section.

Rep. STURKIE moved that the House do now adjourn.

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

Yeas 25; Nays 82

Those who voted in the affirmative are:

Bailey, K.             Chamblee               Cork
Corning                Harris, P.             Harvin
Hendricks              Holt                   Jaskwhich
Kay                    Kirsh                  Kohn
Koon                   Littlejohn             Mappus
McGinnis               McLellan               Rama
Rhoad                  Sharpe                 Simpson
Sturkie                Townsend               Vaughn
Wells

Total--25

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Clyborne
Cole                   Corbett                Davenport
Derrick                Faber                  Fant
Farr                   Felder                 Ferguson
Gentry                 Glover                 Gordon
Gregory                Harris, J.             Haskins
Hayes                  Hearn                  Hodges
Huff                   Johnson, J.C.          Johnson, J. W.
Keegan                 Keesley                Keyserling
Lanford                Limehouse              Lockemy
Martin, D.             Martin, L.             Mattos
McBride                McCain                 McEachin
McElveen               McLeod                 McTeer
Moss                   Neilson                Nettles
Phillips               Quinn                  Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Smith                  Snow
Taylor                 Tucker                 Waites
Waldrop                Washington             Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, J.           Wofford
Wright

Total--82

So, the House refused to adjourn.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STURKIE a temporary leave of absence.

Rep. NETTLES moved that the House recede until 2:00 P.M.

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

Yeas 25; Nays 81

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, G.             Baker
Barber                 Blackwell              Boan
Brown, J.              Burriss, M.D.          Derrick
Felder                 Gentry                 Gordon
Harwell                Hearn                  Jaskwhich
Manly                  Mattos                 McKay
Nettles                Rhoad                  Sharpe
Townsend               Waldrop                Wilder
Williams, J.

Total--25

Those who voted in the negative are:

Alexander, T.C.        Altman                 Barfield
Baxley                 Bennett                Brown, G.
Brown, H.              Brown, R.              Bruce
Burch                  Chamblee               Clyborne
Cole                   Corbett                Cork
Corning                Davenport              Elliott
Faber                  Fair                   Farr
Ferguson               Foster                 Glover
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J. W.
Keegan                 Keesley                Keyserling
Kirsh                  Kohn                   Lanford
Littlejohn             Lockemy                Mappus
Martin, D.             Martin, L.             McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Phillips
Quinn                  Rama                   Rogers, T.
Rudnick                Sheheen                Short
Simpson                Smith                  Snow
Stoddard               Tucker                 Vaughn
Waites                 Washington             Wells
Whipper                White                  Wilkes
Wilkins                Wofford                Wright

Total--81

So, the House refused to recede.

Rep. FELDER continued speaking.

Rep. KIRSH proposed the following Amendment No. 5 (Doc. No. 3233U), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 26 and 27 in their entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Reps. BARFIELD, FANT, G. BROWN and CORNING spoke in favor of the amendment.

Rep. KEEGAN spoke against the amendment.

Rep. CORNING moved to adjourn debate upon the amendment.

Rep. KIRSH moved to table the motion to adjourn debate, which was agreed to by a division vote of 78 to 14.

Rep. RUDNICK moved that the House recede until 2:30 P.M.

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

The House refused to recede until 2:30 P.M. by a division vote of 9 to 80.

Rep. SIMPSON spoke against the amendment.

Rep. RHOAD spoke in favor of the amendment.

Rep. DAVENPORT moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was not agreed to by a division vote of 10 to 82.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN spoke against the amendment.

SPEAKER IN CHAIR

Reps. R. BROWN and J. BAILEY explained the Bill.

Rep. CORNING moved that the House do now adjourn.

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

Yeas 18; Nays 90

Those who voted in the affirmative are:

Blackwell              Blanding               Corning
Davenport              Harris, P.             Holt
Kay                    Lanford                Littlejohn
Martiin, D.            McCain                 Nesbitt
Phillips               Quinn                  Rhoad
Stoddard               Townsend               Whipper

Total-18

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G              Bailey, J.             Baker
Barber                 Barfield               Beasley
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Corbett                Cork                   Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Gentry
Glover                 Gregory                Harris, J.
Harwell                Haskins                Hayes
Hearn                  Hendricks              Hodges
Huff                   Johnson, J.C.          Johnson, J. W.
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                Kohn
Koon                   Limehouse              Lockemy
Manly                  Mappus                 Mar~in, L
Mattos                 McAbee                 McBride
McEachin               McElveen               McGinnis
McLellan               McLeod                 McTeer
Moss                   Neilson                Nettles
Rama                   Rogers, J.             Rogers, T.
Rudnick                Sheheen                Short
Simpson                Smith                  Sturkie
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
White                  Wilkes                 Wilkins
Williams, J.           Wofford                Wright

Total--90

So, the House refused to adjourn.

LEAVE OF ABSENCE

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

Reps. HENDRICKS and MANLY spoke against the amendment.

Reps. G. BROWN, BARFIELD and J.C. JOHNSON spoke in favor of the amendment.

LEAVES OF ABSENCE-

The SPEAKER granted Rep. BLACKWELL a leave of absence for the remainder of the day to attend a meeting of the Joint Legislative Committee on Health Oversight and Planning.

The SPEAKER granted Rep. KOHN a temporary leave of absence.

Rep. R. BROWN spoke against the amendment and moved to table the amendment.

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

Yeas 51; Nays 60

Those who voted in the affirmative are:

Altman                 Bailey, J.             Barber
Boan                   Brown, R.              Burriss, T.M.
Cole                   Corbett                Cork
Corning                Elliott                Fair
Ferguson               Foster                 Gregory
Harris, J.             Haskins                Hayes
Hearn                  Hendricks              Hodges
Johnson, J. W.         Keegan                 Keyserling
Klapman                Lanford                Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McEachin               McElveen
McGinnis               McLellan               McTeer
Nettles                Rama                   Rogers, J.
Rudnick                Sheheen                Simpson
Tucker                 Waites                 Washington
Wells                  Whipper                Wilder
Wilkes                 Wilkins                Williams, J.

Total--51

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Baker
Barfield               Baxley                 Beasley
Bennett                Blanding               Brown, G.
Brown H.               Brown, J.              Bruce
Burch                  Burriss, M.D.          Carnell
Chamblee               Clyborne               Cooper
Davenport              Derrick                Faber
Fant                   Farr                   Felder
Gentry                 Glover                 Harris, P.
Harwell                Huff                   Johnson, J.C.
Kay                    Keesley                Kirsh
Koon                   Limehouse              Littlejohn
Lockemy                McAbee                 McBride
McCain                 McLeod                 Moss
Neilson                Nesbitt                Phillips
Quinn                  Rhoad                  Rogers, T.
Sharpe                 Short                  Smith
Snow                   Sturkie                Taylor
Townsend               Vaughn                 Waldrop
White                  Wofford                Wright

Total--60

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 64; Nays 47

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Barfield               Baxley                 Beasley
Bennett                Blanding               Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss, M.D.          Carnell
Chamblee               Clyborne               Cooper
Davenport              Derrick                Faber
Fair                   Fant                   Farr
Felder                 Gentry                 Glover
Harris, P.             Harwell                Haskins
Huff                   Johnson, J.C.          Kay
Keesley                Kirsh                  Koon
Limehouse              Littlejohn             Lockemy
Manly                  McAbee                 McBride
McCain                 McGinnis               McLeod
Moss                   Neilson                Nesbitt
Phillips               Quinn                  Rhoad
Rogers, T.             Sharpe                 Short
Smith                  Snow                   Sturkie
Taylor                 Townsend               Vaughn
Waldrop                White                  Wofford
Wright

Total--64

Those who voted in the negative are:

Altman                 Bailey, J.             Barber
Boan                   Brown, R.              Burriss, T.M.
Cole                   Corbett                Cork
Corning                Elliott                Ferguson
Foster                 Gregory                Harris, J.
Hayes                  Hearn                  Hendricks
Hodges                 Johnson, J. W.         Keegan
Keyserling             Klapman                Lanford
Mappus                 Martin, D.             Martin, L.
Mattos                 McEachin               McElveen
McLellan               McTeer                 Nettles
Rama                   Rogers, J.             Rudnick
Sheheen                Simpson                Tucker
Waites                 Washington             Wells
Whipper                Wilder                 Wilkes
Wilkins                Williams, J.

Total--47

So, the amendment was adopted.

Paired

Rep. M.O. Alexander     (Present)     Nay
Rep. Blackwell     (Absent)     Aye

RECORD FOR VOTING

I inadvertently voted "yes," in favor of the adoption of the amendment. I wish to be recorded as voting "no," against the adoption of the amendment.

Rep. MANLY

RECORD FOR VOTING
RE VOTE ON SECTIONS 26-28 (SEAT BELTS)

Drivers probably are safer using seat belts. I personally use one. There is no present law preventing seat belt use. District 17 has more folks opposed to mandatory use of belts than it has in favor. My vote reflects District sentiment.

Rep. DILL BLACKWELL

SECTION 28--TABLED

Rep. FELDER moved to table the Section, which was agreed to.

LEAVES OF ABSENCE

The SPEAKER granted Reps. MANLY, RAMA and SNOW a leave of absence for the remainder of the day.

SECTION 29--ADOPTED

Rep. T.C. ALEXANDER esplained the Section.

Section 29 was adopted.

SPEAKER PRO TEMPORE IN CHAIR
SECTION 30--ADOPTED

Rep. LIMEHOUSE esplained the Section.

Section 30 was adopted

SECTION 32--ADOPTED

Rep. T.C. ALEXANDER explained the Section. Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 37--ADOPTED

Rep. LIMEHOUSE esplained the Section.

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39--RULED OUT OF ORDER
POINT OF ORDER AND PARLIAMENTARY INQUIRY

Rep. McLELLAN raised the Point of Order that Section 39 was out of order as it was not germane to the Bill in compliance with Rule 9.3. He further stated that the word reinsurance was not mentioned in the title of the Bill and it was a completely different type of insurance from what was under consideration.

Rep. LIMEHOUSE argued contra the Point.

The SPEAKER Pro Tempore stated that the title of the Bill did include reference to the section of the Bill. He further stated that the title of the Bill did not include a description of this particular section, but it did refer to the Code Section.

Rep. McLELLAN then inquired if the Section was creating a new Code Section and not referring to an existing Code Section.

The SPEAKER Pro Tempore stated that Rep. McLELLAN was correct.

Rep. HASKINS then stated that Rule 9.3 referred strictly to amendments and that every section of the Bill was the subject matter under consideration at the point in time when the House reached that section.

Rep. McLELLAN further argued that the subject matter in the section must relate to the title if it was in the Bill.

The SPEAKER Pro Tempore stated that the title of the Bill contained reference to the new section and he also stated that this was not an amendment, but a part of the Bill and he overruled the Point of Order.

Rep. LANFORD moved that the House do now adjourn.

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

Yeas 41; Nays 57

Those who voted in the affirmative are:

Altman                 Bailey, G.             Barfield
Baxley                 Blanding               Brown, H.
Bruce                  Burriss, M.D           Burriss, T.M.
Cole                   Cork                   Corning
Elliott                Fair                   Felder
Ferguson               Foster                 Harris, P.
Harvin                 Haskins                Hearn
Kay                    Keegan                 Kirsh
Lanford                Limehouse              Littlejohn
Lockemy                McCain                 McGinnis
Moss                   Nesbitt                Phillips
Quinn                  Rhoad                  Simpson
Townsend               Wells                  Wilkins
Williams, J.           Wofford

Totals--41

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C         Bailey, J.
Baker                  Barber                 Beasley
Boan                   Brown, G.              Brown, J.
Brown, R.              Chamblee               Clyborne
Cooper                 Corbett                Davenport
Faber                  Fant                   Farr
Gentry                 Glover                 Gregory
Harris, J.             Harwell                Hendricks
Hodges                 Johnson, J.C.          Johnson, J.W.
Keesley                Keyserling             Klapman
Koon                   Martin, D.             Martin, L.
Mattos                 McBride                McEachin
McElveen               McLellan               McLeod
McTeer                 Neilson                Nettles
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Smith                  Sturkie                Tucker
Vaughn                 Waites                 Washington
Whipper                Wilder                 Wilkes

Total--57

So, the House refused to adjourn.

POINT OF ORDER

Rep. McLELLAN further raised the Point of Order that Section 39 was out of order as it was not constitutional under Article 3, Section 17 of the Constitution.

SPEAKER PRO TEMPORE'S RULING

The SPEAKER Pro Tempore stated that the title of the Bill did not describe the section in question, but it made reference to Section 34-3-110.

He further stated that the title of the Bill was the Automobile Insurance Reform Act of 1989 and it related to automobile insurance and the section in question related to reinsurance in general and does not particularly relate to automobile insurance. He also stated that the section does not meet the Constitutional test of germaneness therefore, he sustained the Point of Order and ruled the Section out of order.

PARLIAMENTARY INQUIRY

Rep. HASKINS then inquired if the SPEAKER Pro Tempore would reconsider his ruling.

The SPEAKER Pro Tempore stated that he would further consider his ruling and give a definitive ruling at a later time.

SECTION 40

Section 40 was adopted.

SECTION 42--ADOPTED

Rep. LIMBHOUSE explained the Section.

Section 42 was adopted.

SECTION 44--ADOPTED

Rep. LIMEHOUSE explained the Section.

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48--AMENDED AND ADOPTED

Reps. R. BROWN, KOHN, T.C. ALEXANDER, HARVIN, LIMEHOUSE, MAPPUS and CLYBORNE proposed the following Amendment No. 41 (Doc. No. 3270U), which was adopted.

Amend the bill, as and if amended, in Section 56-1-80 of the 1976 Code as contained in SECTION 48 by inserting immediately after "Carolinas" on line 40 of page 50 /and every person who renews his driver's license in South Carolina/ and by inserting after "issued" on lines 4 and 6 of page 51 /or renewed/.

Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

Section 48, as amended, was adopted.

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Rep. BAXLEY a leave of absence for the remainder of the day to attend the funeral of five children who died in the fire in Rembert, S.C.

The SPEAKER Pro Tempore granted Rep. G. BAILEY a leave of absence for the remainder of the day.

The SPEAKER Pro Tempore granted Rep. JASKWHICH a leave of absence for the remainder of the day to attend a DHEC hearing.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 54

Section 54 was adopted.

Rep. HASKINS moved that the House do now adjourn.

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

Yeas 44; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Barfield               Beasley                Bennett
Brown, G.              Brown, H.              Bruce
Burriss, M.D.          Burriss, T.M.          Cole
Cooper                 Cork                   Corning
Elliott                Fair                   Felder
Gentry                 Harris, P.             Harvin
Haskins                Hearn                  Hendricks
Johnson, J.W.          Keegan                 Limehouse
Littlejohn             Lockemy                Martin, L.I
McCain                 McGinnis               McLellan
Moss                   Neilson                Nesbitt
Phillips               Quinn                  Rhoad
Wells                  Wilder                 Wilkins
Williams, J.           Wofford

Total--44

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Baker
Barber                 Blanding               Boan
Brown, J.              Brown, R.              Burch
Carnell                Clyborne               Corbett
Davenport              Faber                  Fant
Farr                   Ferguson               Glover
Harris, J.             Harwell                Hayes
Hodges                 Huff                   Johnson, J.C.
Keesley                Keyserling             Kirsh
Klapman                Koon                   Lanford
Mappus                 Martin, D.             Mattos
McAbee                 McBride                McEachin
McElveen               McLeod                 McTeer
Nettles                Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Smith
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Washington
Whipper                White                  Wilkes
Wright

Total--55

So, the House refused to adjourn.

SECTION 68--INTERRUPTED DEBATE

Debate was resumed on Section 68.

Rep. LIMEHOUSE explained the Section.

Rep. HASKINS moved that the House do now adjourn.

POINT OF ORDER

Rep. T. ROGERS raised the Point of Order that fffteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 61; Nays 40

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Baker
Barfield               Beasley                Bennett
Brown, G.              Brown, H.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Fair
Felder                 Ferguson               Gentry
Harris, J.             Harris, P.             Haskins
Hearn                  Hendricks              Johnson, J.W.
Kirsh                  Klapman                Koon
Lanford                Limehouse              Littlejohn
Mappus                 Martin, L.             McAbee
McCain                 McGinnis               McLellan
Moss                   Neilson                Nesbitt
Phillips               Quinn                  Rhoad
Sharpe                 Simpson                Sturkie
Townsend               Vaughn                 Wells
Wilder                 Wilkins                Williams, J.
Wofford

Total--61

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Barber
Blandling              Boan                   Brown, J.
Chamblee               Faber                  Fant
Farr                   Glover                 Gregory
Harvin                 Harwell                Hayes
Hodges                 Huff                   Johnson, J.C.
Kay                    Keegan                 Keesley
Keyserling             Martin, D.             McBride
McEachin               McElveen               McLeod
McTeer                 Nettles                Rogers, J.
Rogers, T.             Rudnick                Short
Smith                  Taylor                 Tucker
Waites                 Washington             Whipper
Wilkes

Total--40

So, the motion to adjourn was agreed to.

MOTION NOTED

Rep. J. ROGERS moved to reconsider the vote whereby Sections 22, 29, 30, 32, 33, 35, 37, 38, 40, 42, 44, 45, 46, 47, 48, 51, 52, 53, 54, 60, 65, 69, 72 and 73 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Section 68, Rep. LIMEHOUSE having the floor.

ADJOURNMENT

At 3:15 P.M. the House in accordance with the motion of Rep. HASKINS adjourned to meet at 10:00 A.M. tomorrow.


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