Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index
| Printed Page 7590, June 1 | Printed Page 7610, June 1 |
Printed Page 7600 . . . . . Wednesday, June 1, 1994
Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out in this article, and this computed sum must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located, to provide for joint collections, computations, and transmittals under the terms and conditions as the respective bodies may agree; in these cases, receipts and transmittals required by this article must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Law Enforcement Building and Maintenance Fund, advising the department and the Law Enforcement Training Council of the receipts and deposits Department of Public Safety for fiscal and administrative purposes, including professional training, counseling, fees, dues, and other related services or programs as the director may deem necessary. The amount the above scale provides to be set apart and used by the department for the program of training in the fields of law enforcement and criminal justice and for the South Carolina Law Enforcement Hall of Fame law enforcement and criminal justice training and programs must be added to and be levied above the fine or forfeiture imposed.
Printed Page 7601 . . . . . Wednesday, June 1, 1994
Section 23-6-480. (A) Whenever the council advises the director and finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director may also invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the Court of Common Pleas court of common pleas of the county where the public law enforcement agency is located.

(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.

Section 23-6-490. When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by the provisions of Section 23-23-40 law, the sheriff of the county wherein the municipality is located, or the head of the entity in charge of countywide law enforcement if the county sheriff is not, shall provide systematic patrolling of the municipal area while its law enforcement officer is attending the training.

Section 23-6-495. Whenever, in this article chapter, the term `department' is used, it means the Department of Public Safety and whenever the term `division' is used, it means the Division of Training and Continuing Education of the Department of Public Safety."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

Printed Page 7602 . . . . . Wednesday, June 1, 1994
H. 4972--TABLED

The following Bill was taken up.

H. 4972 -- Reps. Felder, Wells, Beatty, Allison, Littlejohn, Townsend, Walker, Cobb-Hunter, R. Smith, Cato, G. Brown, McLeod, Waldrop, G. Bailey, Klauber, Quinn, Harvin, Houck, Richardson, Govan, McKay, Elliott, Robinson, McElveen, Davenport, Gamble and Tucker: A BILL TO CHANGE THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "REINSURANCE FACILITY, SERVICING CARRIERS AND PRODUCERS"; TO CHANGE THE TITLE OF SECTION 38-77-590 FROM "DESIGNATED PRODUCERS" TO "SERVICING CARRIERS AND PRODUCERS"; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REINSURANCE FACILITY, AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE CHIEF INSURANCE COMMISSIONER, AFTER CONSULTATION WITH THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SHALL DIRECT THE GOVERNING BOARD TO CONTRACT WITH ONE OR MORE INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE GOVERNING BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE GOVERNING BOARD, THAT THE CONTRACT SHALL INCLUDE PROVISIONS FOR ONE HUNDRED PERCENT QUOTA SHARE REINSURANCE THROUGH THE FACILITY OF ANY AUTOMOBILE INSURANCE POLICY CEDED TO THE FACILITY, AND THAT THE GOVERNING BOARD MAY ESTABLISH REASONABLE NONDISCRIMINATORY STANDARDS WHICH ALL SERVICING CARRIERS MUST MEET FOR CONTRACT RENEWAL; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING REFERENCES TO DESIGNATED PRODUCERS, PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR CERTAIN AUTOMOBILE INSURANCE COVERAGES, AND ADD REFERENCES TO INSURERS CONTRACTED PURSUANT TO SECTION 38-77-590 AND

Printed Page 7603 . . . . . Wednesday, June 1, 1994
REFERENCES TO "ASSIGNED PRODUCERS"; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES AND THE USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD OF GOVERNORS OF THE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES FOR USE WITH THE PURE LOSS COMPONENTS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE AND SMALL COMMERCIAL RISKS FILED WITH THE CHIEF INSURANCE COMMISSIONER BY THE RATING ORGANIZATION WITH THE LARGEST NUMBER OF MEMBERS OR SUBSCRIBERS; TO AMEND SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT PREMIUMS ATTRIBUTABLE TO RISKS CEDED AT A COMPANY FILED RATE WHICH IS GREATER THAN THE REINSURANCE FACILITY RATE SHALL NOT BE INCLUDED WHEN DETERMINING TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS UNDER SECTION 38-77-950; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN INSURER IS NOT REQUIRED TO WRITE PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGE FOR CLASSIC CARS, ANTIQUE CARS, ANY AUTOMOBILE WITH ANY MODIFICATION TO THE CHASSIS OR WHEEL BASE, ANY AUTOMOBILE WITH A WHEEL BASE OF NINETY-NINE AND ONE-HALF INCHES OR LESS, INCLUDING UTILITY VEHICLES, OR ANY AUTOMOBILE WITHIN THE "SPORTS GROUP" OR "SPORTS PREMIUM GROUP"; AND TO AMEND SECTION 38-77-350, RELATING TO AUTOMOBILE INSURANCE AND THE FORM TO BE USED WHEN OPTIONAL COVERAGES ARE OFFERED, SO AS TO PROVIDE THAT A POLICY OF AUTOMOBILE INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE A
Printed Page 7604 . . . . . Wednesday, June 1, 1994
POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED.

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

S. 959--OBJECTIONS

The following Bill was taken up.

S. 959 -- Senators Short and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLERKS OF COURT, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS.

Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16342AC.94).

Amend the bill, as and if amended, Section 43-5-585, by inserting on page 959-1, line 24 /to the appropriate/ after /provide/.

Amend title to conform.

Rep. HODGES explained the amendment.

Reps. SCOTT, WHIPPER, WHITE, KENNEDY, BYRD, NEAL and J. BROWN objected to the Bill.

S. 1034--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the following Bill until Monday, June 6, which was adopted.

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL

Printed Page 7605 . . . . . Wednesday, June 1, 1994
TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

S. 497--OBJECTIONS

The following Bill was taken up.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

Rep. RUDNICK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7348HC.93).

Amend the bill, as and if amended, page 5, line 20, by striking /$12.00/ and inserting /$10.00/.

Amend totals and title to conform.

Rep. FELDER explained the amendment.

Reps. MEACHAM, A. YOUNG and MOODY-LAWRENCE objected to the Bill.

Printed Page 7606 . . . . . Wednesday, June 1, 1994
H. 4709--TABLED

The following Bill was taken up.

H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.

Rep. PHILLIPS moved to table the Bill, which was agreed to.

S. 1358--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER

Printed Page 7607 . . . . . Wednesday, June 1, 1994
WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II,
Printed Page 7608 . . . . . Wednesday, June 1, 1994
SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16313AC.94), which was ruled out of order.

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

/SECTION . The 1976 Code is amended by adding:

"Section 20-7-1643. A child may not be placed in foster care with a person who:

(1) is identified in the Statewide Central Registry, in accordance with Section 20-7-650, as the perpetrator of abuse or neglect in an indicated case;

(2) has pled guilty or nolo contendere to or who has been convicted of criminal sexual conduct or any crime which would be considered child abuse pursuant to Section 20-7-490 if the matter were before the family court; or

(3) is a homosexual or a bisexual."

SECTION . Section 20-7-1670 of the 1976 Code, as last amended by Act 653 of 1988, is further amended by adding at the end:

"A child may not be placed for adoption or adopted by a person who:

(1) is identified in the Statewide Central Registry, in accordance with Section 20-7-650, as the perpetrator of abuse or neglect in an indicated case;

(2) has pled guilty or nolo contendere to or who has been convicted of criminal sexual conduct or any crime which would be considered child abuse pursuant to Section 20-7-490 if the matter were before the family court; or

(3) is a homosexual or a bisexual."/

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Printed Page 7609 . . . . . Wednesday, June 1, 1994
Reps. HODGES and SHISSIAS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16328AC.94), which was adopted.

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

/SECTION . The 1976 Code is amended by adding:

"Section 44-7-77. The Department of Health and Environmental Control, and the Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining the voluntary acknowledgments of paternity before a newborn is released from the hospital."

SECTION . Section 20-7-956(6) of the 1976 Code is amended to read:

"(6) A verified voluntary acknowledgment of paternity which creates a rebuttable presumption of the putative father's paternity.

(6)(7) Any other relevant and competent evidence deemed admissible in the discretion of the court."/

Renumber sections to conform.

Amend title to conform.

Rep. SHISSIAS explained the amendment.

The amendment was then adopted.

Rep. SHISSIAS explained the Bill.

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

S. 1358--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHISSIAS, with unanimous consent, it was ordered that S. 1358 be read the third time tomorrow.

S. 1230--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.

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