Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Rev. Frank Banas of First Baptist Church in Bonneau as follows:
Heavenly Father, we praise you for your presence among us today. We thank you for this great country in which we live and for the opportunities we have to serve you through our state government.
Help us to be mindful of the awesome responsibility we each have as we seek to apply the principles of justice and law into the governing of our great state of South Carolina.
Father, guide us by the principles of your Word into creating and maintaining an atmosphere of truth, justice, and mercy both in our legislative body and in our own personal lives. Lead us by your Spirit into establishing your view of what is essential for our state and nation to be successful.
Help each of us, Father, to be good stewards of our time and monies and to live by the motto imprinted on our coins, "In God we trust". It is in trusting we find guidance and direction for all our decisions.
Help us to be more determined in our service to you and to the people we represent. Forgive us, dear Lord, of any past failures and strengthen us for future tasks that you may be honored and glorified by our actions.
May your blessing be upon these men and women as they strive to work and live a life of faith, integrity, and love. In Jesus Name I 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 Friday, the SPEAKER ordered it confirmed.
The following were received.
January 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 22, 1988 regulations concerning Repeal of 80 Income Tax Regulations from the South Carolina Tax Commission.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
January 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 22, 1988 regulations concerning Sales Tax from the South Carolina Tax Commission.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
January 21, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 21, 1988 regulations concerning Cancellation and Nonrenewal of Automobile Insurance Policies from the Department of Insurance.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
January 21, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 21, 1988 regulations concerning Uniform Classification and Territorial Plans - Automobile from the Department of Insurance.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
January 21, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 21, 1988 regulations concerning the South Carolina Merit Rating Plan from the Department of Insurance.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
January 21, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 21, 1988 regulations concerning Automobile Insurance Credit and Discount Plans from the Department of Insurance.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
January 18, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 18, 1988 regulations concerning Requirements for Limited License from the State Board of Medical Examiners of S.C.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
January 18, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 18, 1988 regulations concerning Boll Weevil Eradication Program from the College of Agricultural Sciences, Clemson University.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
January 20, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 20, 1988 regulations concerning Elevator Safety Code from the Department of Labor.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
January 22, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
The South Carolina Department of Health and Environmental Control is hereby withdrawing and simultaneously resubmitting regulations with changes concerning Definitions, Permit Requirements, Emissions Inventory, and Emissions from Incinerators, effective this date.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., January 26, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Rep. O. PHILLIPS moved to adjourn debate upon the message, which was adopted.
The following was received.
Columbia, S.C., January 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has recommitted the first report of the Committee of Conference on H. 2742:
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Very respectfully,
President
No. 26
Received as information.
The following was received.
Columbia, S.C., January 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 2742:
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50- 17- 1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
and the report, having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 27
Received as information.
The following was received.
Columbia, S. C., January 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 347:
S. 347 -- Senator Setzler: A BILL TO AMEND SECTION 56-5-4060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIBLE WEIGHT OF VEHICLES OPERATING ON THE HIGHWAYS, SO AS TO PERMIT AN AUTOMOBILE TRANSPORTER UNIT WITH A HEIGHT OF NO MORE THAN FOURTEEN FEET TO OPERATE AND TO IMPOSE STRICT LIABILITY FOR DAMAGES INCURRED BECAUSE OF THE ADDITIONAL HEIGHT ALLOWANCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate sent to the House the following:
S. 1051 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO TROOPER FIRST CLASS GEORGE WHALEY RIKARD, OF SUMTER COUNTY, ON HIS SELECTION AS THE "1987 SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR", AND EXPRESS THEIR APPRECIATION FOR THE OUTSTANDING JOB DONE BY OUR SOUTH CAROLINA HIGHWAY PATROL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1069 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE MISS SOUTH CAROLINA-USA APRIL ABEL, OF EDGEFIELD COUNTY, GOOD LUCK AND GODSPEED AS SHE TRAVELS TO EL PASO, TEXAS ON MARCH 1, 1988, TO COMPETE IN THE NATIONAL MISS USA PAGEANT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1072 -- Senator Drummond: A CONCURRENT RESOLUTION TO HONOR MR. JOHN LACY MCLEAN, OF GREENVILLE, UPON HIS RETIREMENT, AND TO RECOGNIZE HIS MANY ACCOMPLISHMENTS INCLUDING HIS SERVICE AS PRESIDENT OF THE SOUTH CAROLINA FOUNDATION OF INDEPENDENT COLLEGES SINCE 1953, SERVING LONGER THAN ANY COLLEGE ASSOCIATION OFFICIAL IN THE NATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3604 -- Reps. Corning and Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 20 SO AS TO PROVIDE FOR THE CHILDREN'S SERVICES ACT OF 1988 WHICH CREATES THE DEPARTMENT OF CHILDREN'S SERVICES TO PROVIDE AN INTEGRATED AGENCY FOR THE PROVISION OF CHILDREN'S SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3605 -- Reps. Corning and Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-300 SO AS TO PROVIDE THAT NO PUBLIC INSTITUTION OF HIGHER LEARNING MAY BEGIN CLASSES FOR A NEW SCHOOL YEAR EARLIER THAN THE DAY FOLLOWING LABOR DAY; AND TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE PUBLIC SCHOOL TERM, SO AS TO PROVIDE THAT NO TERM MAY BEGIN EARLIER THAN THE DAY FOLLOWING LABOR DAY.
Referred to Committee on Education and Public Works.
H. 3606 -- Reps. Beasley and J. Rogers: A BILL TO AMEND SECTION 12-54-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PENALTIES REQUIRED TO BE IMPOSED BY THE TAX COMMISSION, SO AS TO PROVIDE THAT THE PENALTY IMPOSED FOR FAILURE TO PAY THE TAX ON OR BEFORE THE DUE DATE MUST BE WAIVED BY THE COMMISSION UPON A SHOWING OF REASONABLE CAUSE BY THE TAXPAYER, AND TO DEFINE REASONABLE CAUSE FOR THIS PURPOSE.
Referred to Committee on Ways and Means.
H. 3607 -- Reps. McKay, Beasley and J. Rogers: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT RATIOS, SO AS TO PROVIDE FOR A FIVE PERCENT ASSESSMENT RATIO FOR AIRCRAFT USED EXCLUSIVELY FOR THE APPLICATION OF AGRICULTURAL CHEMICALS.
Referred to Committee on Ways and Means.
S. 1047 -- Senator Long: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN HORRY COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF HORRY COUNTY.
Referred to Horry Delegation.
S. 1048 -- Senators Shealy, Wilson and Setzler: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN LEXINGTON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF LEXINGTON COUNTY.
Referred to Lexington Delegation.
The following was introduced:
H. 3608 -- Rep. Pettigrew: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS APRIL ABEL OF JOHNSTON IN EDGEFIELD COUNTY, MISS SOUTH CAROLINA-USA FOR 1988, AS SHE PREPARES TO COMPETE IN THE MISS USA PAGEANT ON MARCH 1, 1988, IN EL PASO, TEXAS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. PETTIGREW, with unanimous consent, the following was taken up for immediate consideration:
H. 3609 -- Rep. Pettigrew: A HOUSE RESOLUTION INVITING MISS APRIL ABEL OF JOHNSTON IN EDGEFIELD COUNTY, MISS SOUTH CAROLINA-USA FOR 1988, TO BE A GUEST OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE ON THURSDAY, FEBRUARY 4, 1988, AT 10:00 A.M.
Whereas, the members of the House of Representatives wish to express their best wishes to Miss April Abel of Johnston in Edgefield County, Miss South Carolina-USA for 1988, as she embarks on her journey to El Paso, Texas, on March 1, 1988, to compete in the national contest; and
Whereas, on that day the House wishes to present her with a concurrent resolution of congratulations and best wishes and thereby show their support for her in the national pageant. Now, therefore,
Be it resolved by the House of Representatives:
That Miss April Abel of Johnston in Edgefield County, Miss South Carolina-USA for 1988, is invited to be a guest of the House of Representatives in the Hall of the House on Thursday, February 4, 1988, at 10:00 A.M.
Be it further resolved that a copy of this resolution be forwarded to Miss April Abel.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, G. Brown, N. Brown, J. Burch Burriss, J.H. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corning Dangerfield Day Derrick Faber Fair Felder Ferguson Foxworth Gilbert Gordon Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on January 26, 1988.
Steve Lanford Jack Gregory Robert B. Brown Jean L. Harris E. Leroy Nettles Joe McElveen Ralph Davenport Mickey Burriss Bill Cork Gene Stoddard T.W. Edwards D. Elliott
STATEMENT OF ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 21, 1988.
I was not present during the Session but arrived in time to attend the Committee meetings on January 26, 1988.
Larry E. Gentry
The SPEAKER granted Rep. AYDLETTE a leave of absence for the day.
Announcement was made that Dr. Marion Burton of Anderson is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3305 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT INTEREST AT THE LEGAL RATE MUST BE PAID BY A LIFE INSURER ON A LUMP SUM DEATH BENEFIT IF THE INSURER FAILS TO PAY THE BENEFIT WITHIN THIRTY DAYS OF THE CLAIMANT SUBMITTING PROOF OF DEATH.
H. 3306 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-29-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION HAS NO LIABILITY UNDER CHAPTER 29, TITLE 38, FOR COVERED POLICIES OF A DOMESTIC INSURER FOR RESIDENTS OF ANOTHER STATE EXCEPT UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 38-29-80, RELATING TO THE ASSOCIATION AND ASSESSMENTS, SO AS TO PROVIDE THAT IN THE EVENT AN ASSESSMENT AGAINST A MEMBER INSURER IS ABATED OR DEFERRED, IN WHOLE OR IN PART, BECAUSE OF CERTAIN LIMITATIONS, THE AMOUNT BY WHICH THE ASSESSMENT IS ABATED OR DEFERRED MAY, RATHER THAN MUST, BE ASSESSED AGAINST THE OTHER MEMBER INSURERS IN A MANNER CONSISTENT WITH THE BASIS FOR ASSESSMENTS SET FORTH IN SECTION 38-29-80.
H. 3307 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA 1976, BY ADDING SECTIONS 38-43-107, 38-45-35, 38-47-15, AND 38-49-25 SO AS TO REQUIRE AN INDIVIDUAL APPLYING FOR AN INSURANCE AGENT'S BROKER'S, ADJUSTER'S, OR DAMAGE APPRAISER'S LICENSE FROM THE DEPARTMENT OF INSURANCE TO FURNISH THE DEPARTMENT HIS BUSINESS AND RESIDENCE ADDRESS AND TO REQUIRE NOTIFICATION TO THE DEPARTMENT WITHIN TEN DAYS OF ANY CHANGE IN ADDRESS.
H. 3308 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND CHAPTER 13, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-13-85 SO AS TO REQUIRE EACH INSURER AUTHORIZED TO WRITE INSURANCE IN THIS STATE TO FILE CERTAIN INFORMATION ANNUALLY WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, TO PROVIDE THAT THE ASSOCIATION AND ITS AUTHORIZED COMMITTEES, EMPLOYEES, OR PERSONS ARE IMMUNE FROM CIVIL LIABILITY WHEN DISSEMINATING THIS INFORMATION IN ABSENCE OF ACTUAL MALICE, AND TO PROVIDE THAT CERTAIN INFORMATION SUBMITTED TO THE STATE DEPARTMENT OF INSURANCE BY THE ASSOCIATION MUST BE CONFIDENTIAL.
H. 3309 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN OR ALIEN FIRE INSURER BEING REQUIRED TO WRITE ON THE FACE OF EACH FIRE INSURANCE POLICY ISSUED BY IT THE NAME OF THE COUNTY ENTITLED TO AN ALLOCATION OF THE PREMIUMS THEREON AND THE LOCATION OF THE PROPERTY SO INSURED, SO AS TO MAKE THIS PROVISION APPLICABLE TO ALL FIRE INSURERS.
H. 3310 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP LIFE INSURANCE POLICIES, AND SECTION 38-71-730, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT SEVENTY-FIVE PERCENT OF EMPLOYEES OR MEMBERS SHALL PARTICIPATE BEFORE THE POLICY MAY BE PLACED IN FORCE.
H. 3311 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE INSURANCE COMMISSION, SO AS TO PROVIDE FOR THE ATTENDANCE OF THE COMMITTEE MEMBERS AT PUBLIC AND EXECUTIVE COMMISSION MEETINGS; AND SECTION 38-3-110, RELATING TO THE DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO REVISE HIS DUTIES TO REPORT VIOLATIONS OF THE LAWS AND TO INSTITUTE CIVIL ACTIONS RELATIVE TO THE BUSINESS OF INSURANCE.
H. 3312 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT EVERY INSURER FILE AN ANNUAL STATEMENT WITH THE CHIEF INSURANCE COMMISSIONER SHOWING THE BUSINESS STANDING AND FINANCIAL CONDITION OF THE INSURER, SO AS TO REQUIRE THAT THE STATEMENT BE VERIFIED BY TWO OF ITS PRINCIPAL OFFICERS INSTEAD OF BEING SIGNED BY ITS PRESIDENT.
H. 3313 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-15-10 AND 38-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY INSURERS AND THE SPECIAL AUTHORITY REQUIRED FOR WRITING CERTAIN BONDS, FORMS OF THE BONDS, AND THE WITHDRAWAL OF THE SPECIAL AUTHORITY, SO AS TO DELETE THE GOVERNOR FROM THE LIST OF STATE OFFICIALS AUTHORIZED TO ACT UNDER THESE PROVISIONS.
H. 3314 -- Rep.q. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO MAKE THE INSPECTION AND EXAMINATION OF DOMESTIC INSURANCE COMPANIES DISCRETIONARY INSTEAD OF MANDATORY.
H. 3315 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-65-60, 38-65-70, 38-65-210, AND 38-65-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE, SO AS TO PROVIDE FOR CONTINUED COVERAGE DURING AN INSURED'S TOTAL DISABILITY AND DELIVERY OF CERTIFICATES OF INSURANCE TO COVERED DEBTORS, TO REQUIRE ADJUSTMENTS WHEN THE SEX OF AN INSURED IS MISSTATED, TO INCREASE THE LIMITATION ON THE AMOUNT WHICH THE INSURER MAY PAY TO PERSONS WHO INCUR EXPENSE BY REASON OF THE DEATH OF AN INSURED WITH NO NAMED BENEFICIARY FROM FIVE HUNDRED DOLLARS TO TWO THOUSAND DOLLARS AND THE LIMITATION ON THE AMOUNT OF INDIVIDUAL COVERAGE A MEMBER OF A GROUP WHOSE GROUP COVERAGE IS TERMINATED MAY RECEIVE FROM TWO THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE A RESTRICTION ON GROUPS-WHICH MAY NOT BE INSURED BY OUT-OF-STATE INSURERS, TO FURTHER DEFINE THE DEPENDENT CHILDREN WHOSE LIVES MAY BE INSURED UNDER GROUP POLICIES AND INCREASE THE LIMIT OF COVERAGE FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, AND TO ELIMINATE A RESTRICTION ON THE AMOUNT OF LIFE INSURANCE COVERAGE A PERSON MAY RECEIVE UNDER A FRANCHISE OR WHOLESALE LIFE INSURANCE PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 38-65-110 SO AS TO PROVIDE FOR THE EXTENSION OF TIME FOR EXERCISING THE RIGHT OF OBTAINING LIFE INSURANCE WITHOUT EVIDENCE OF INSURABILITY WHEN NOTICE OF THE RIGHT HAS NOT BEEN GIVEN AS REQUIRED; AND TO REPEAL SECTION 38-65-80 RELATING TO INAPPLICABILITY OF CHAPTER 65 OF TITLE 38 TO AN ASSOCIATION OF MEMBERS INVOLVED IN ONE HAZARDOUS OCCUPATION.
H. 3331 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPERATIONS GENERALLY OF A DOMESTIC MUTUAL INSURER, BY ADDING SECTIONS 38-19-815 AND 38-19-825 SO AS TO DEFINE "BULK REINSURANCE AND ASSUMPTION", "MERGER", AND "CONVERSION OF A MUTUAL INSURER TO A STOCK INSURER", AND PROVIDE FOR A PROCEDURE FOR BULK REINSURANCE AND ASSUMPTION, MERGER, AND CONVERSION; TO AMEND SECTION 38-19-20, RELATING TO CONTRACTS ISSUED BY DOMESTIC MUTUAL INSURERS, SO AS TO PROVIDE THAT THE EMPLOYER WHOSE NAME IS ON THE MASTER CONTRACT IS A MEMBER OF THE INSURER WHEN THE CONTRACT IS A GROUP ANNUITY CONTRACT OR A CONTRACT OF GROUP INSURANCE AND THE HOLDER OF AN INDIVIDUAL OR GROUP ANNUITY CONTRACT OR AN INDIVIDUAL OR GROUP CONTRACT OF INSURANCE INSTEAD OF A HOLDER OF ONE OR MORE INSURANCE CONTRACTS ISSUED BY AN INSURER; TO AMEND SECTION 38-19-40, RELATING TO NOTICE OF THE TIME AND PLACE OF THE ANNUAL MEETING OF MEMBERS REQUIRED TO BE GIVEN BY A DOMESTIC MUTUAL INSURER, SO AS TO REQUIRE A PROCEDURE FOR CHANGING THE TIME INSTEAD OF THE DATE OF THE ANNUAL MEETING; TO AMEND SECTION 38-19-50, RELATING TO THE USE OF A PROXY BY A MEMBER OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE AUTHORITY OF A MEMBER OF THE INSURER TO GIVE HIS PROXY TO ANOTHER MEMBER, THE PROHIBITION OF AN OFFICER OF THE INSURER HOLDING OR VOTING THE PROXY OF ANY MEMBER, AND THE CONDITIONS UNDER WHICH A PROXY IS NO LONGER VALID, TO PROVIDE WHEN THE APPOINTMENT OF THE PROXY IS EFFECTIVE, AND TO ADD CONDITIONS UNDER WHICH A MEMBER'S VOTE UPON A PROPOSAL MAY BE REGISTERED, PROVIDE CONDITIONS UNDER WHICH A PROXY ONLY MAY BE USED; TO AMEND SECTION 38-19-60, RELATING TO THE CONDUCT OF BUSINESS AT AN ANNUAL MEETING OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE PROVISIONS GOVERNING THE UTILIZATION OF A PROXY; TO AMEND SECTION 38-19-610, RELATING TO THE BORROWING OF MONEY BY A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE MAXIMUM PERCENTAGE RATE OF EIGHT PERCENT A YEAR AT WHICH THE MONEY MAY BE BORROWED; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM THE INSURER'S ESTATE, SO AS TO DELETE THE PROVISIONS IN CLASS 7 WHICH AUTHORIZE PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES LIMITED IN ACCORDANCE WITH LAW AND CREATE A NEW CLASS 8 AUTHORIZING PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES; AND TO REPEAL SECTIONS 38-19-210 THROUGH 38-19-260 RELATING TO OPERATIONS GENERALLY OF DOMESTIC MUTUAL INSURERS, AND SECTIONS 38-19-810, 38-19-820, 38-19-830, 38-19-840, 38-19-850, 38-19-860, 38-19-870, 38-19-880, 38-19-890 RELATING TO CONVERSION OF REINSURANCE, LIQUIDATION, AND MERGER OF A DOMESTIC MUTUAL INSURER.
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
H. 3390 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-79-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALING ACTIONS OF THE JOINT UNDERWRITING ASSOCIATION, SO AS TO FURTHER PROVIDE FOR WHO MAY APPEAL TO THE INSURANCE COMMISSION AND CHANGE THE TIME WHEN THE APPEAL MAY BEGIN.
H. 3409 -- Rep. Beasley: A BILL TO AMEND SECTION 37-4-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "CONSUMER CREDIT INSURANCE", SO AS TO EXCLUDE FROM THE DEFINITION INSURANCE PROVIDED IN RELATION TO A CREDIT TRANSACTION IN WHICH A PAYMENT IS SCHEDULED MORE THAN FIFTEEN YEARS AFTER THE EXTENSION OF CREDIT AND THE DEBT IS SECURED BY REAL ESTATE.
H. 3417 -- Reps. J. Bradley, G. Bailey, J.W. McLeod, Kohn, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-35 SO AS TO PROVIDE THAT WHERE AN INSURANCE COMPANY, AS A RESULT OF AN AUTOMOBILE ACCIDENT, REQUIRES A RELEASE FROM AN INJURED PARTY FOR PROPERTY DAMAGES AND RELATED EXPENSES, THE RELEASE MUST BE LIMITED TO PROPERTY DAMAGE ITEMS ONLY AND MAY NOT BE A FULL RELEASE AS TO ALL CLAIMS OF THE INJURED PARTY AGAINST THE INSURED COVERED BY THE INSURANCE COMPANY.
H. 3296 -- Rep. Clyborne: A BILL TO AMEND SECTION 18-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL FROM A JUDGMENT IN A MAGISTRATE'S OR MUNICIPAL COURT, SO AS TO CHANGE FROM TEN TO THIRTY DAYS THE TIME AN APPELLANT HAS TO FILE HIS NOTICE OF APPEAL.
H. 3429 -- Reps. Wilkins, Gregory, Haskins and Wilder: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A MUNICIPAL GOVERNING BODY TO ESTABLISH BY ORDINANCE TIME REQUIREMENTS FOR NOMINATIONS, PRIMARIES, AND CONVENTIONS AND THE PERCENTAGE REQUIRED FOR NOMINATING PETITIONS, SO AS TO REQUIRE ALL NOMINATING PETITIONS TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH HE OFFERS AS A CANDIDATE INSTEAD OF AUTHORIZING THE GOVERNING BODY TO DETERMINE THE PERCENTAGE OF THE PETITION, WITHIN CERTAIN LIMITS, WHICH MUST BE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND TO AMEND SECTION 5-15-110, RELATING TO THE REQUIREMENT THAT A NOMINATING PETITION BE FILED WITH THE MUNICIPAL ELECTION COMMISSION IN MUNICIPAL, SPECIAL, OR PARTISAN GENERAL ELECTIONS, SO AS TO REQUIRE THE PETITION TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH THE CANDIDATE OFFERS INSTEAD OF THE MUNICIPALITY.
H. 3568 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AGENTS AND AGENCY LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3569 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO VARIABLE CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 890, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 549 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.
Rep. L. MARTIN explained the Bill.
Rep. KLAPMAN moved to adjourn debate upon the Bill.
Rep. L. MARTIN moved to table the motion, which was agreed to.
The question then recurred to the passage of the Bill on third reading, which was agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 3322 -- Reps. Edwards, D. Martin, White and Clyborne: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL OFFICE VACANCIES, SO AS TO PROVIDE FOR ELECTIONS TO BE HELD ON THE SAME DATE IF THEY ARE REQUIRED WITHIN A TWENTY-EIGHT-DAY PERIOD IN THE SAME COUNTY.
Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill, which was adopted.
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. 731 -- Senators Martschink, Shealy, Stilwell and Russell: A BILL TO PROVIDE A PROCEDURE FOR AN OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION AND FOR AN ELECTION TO BE HELD TO FILL HIS OFFICE WHENEVER THE OFFICEHOLDER IS ELECTED TO ANOTHER OFFICE.
The following Bill was taken up.
S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, January 19, by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 3 (Doc. No. 0920J), which was adopted.
Amend the amendment, as and if amended, sponsored by the Judiciary Committee, dated October 14, 1987, bearing document number 0242J, by striking Section 8-27-30(B), beginning on page 5, and inserting:
/(B) The presumption established under subsection (A) is rebuttable, and the burden is on the defendant to demonstrate that the plaintiff was not discharged, otherwise terminated, or suspended from employment, demoted, suffered a decrease in compensation, or was disciplined, otherwise punished, or threatened because he engaged in any of those activities described in Section 8-27-20. An employer has the following affirmative defenses to this section: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; malingering; and embezzlement or larceny of the employer's property./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was then read the second time and ordered to third reading.
The following Bill was taken up.
S. 279 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD SHALL FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.
Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 1206J), which was adopted.
Amend the bill, as and if amended, by striking item (7) of Section 4-9-30 as contained in SECTION 1 and inserting:
/"(7) to develop personnel system policies and procedures for county employees by which all county employees are regulated except those elected directly by the people, and to be responsible for the employment and discharge of county personnel in those county departments in which the employment authority is vested in the county government. but this This employment and discharge authority shall does not extend to any personnel employed in departments or agencies under the direction of an elected official or an official appointed by an authority outside county government. Any employee discharged by the administrator, elected official or designated department head shall follow the grievance procedures as established by county council in those counties where the grievance procedures are operative, retaining all appellate rights provided for in the procedures. In those counties where a grievance procedure is not established, a county employee discharged by the chief administrative officer or designated department head must be granted a public hearing before the entire county council if he submits a request in writing to the clerk of the county council within five days of receipt Or notice of discharge. The hearing shall must be held within fifteen days of receipt of the request. The employee shall must be relieved of his duties pending the hearing and in the event if a majority of the county council sustains the discharge, it shall be is final subject to judicial review, but if a majority of the county council reverses the dismissal, the employee shall must be reinstated and paid a salary for such the time as he was suspended from his employment.
Notwithstanding the above provisions of this subsection, any employee who is discharged may elect to submit his grievances concerning his discharge to a county grievances committee in those counties where such committees are operative and in such case his discharge will be reviewed in the manner provided for in the rules of that committee retaining all appellate rights therein provided for. The salary of those officials elected by the people may be increased but shall may not be reduced during the terms for which they are elected, except that salary salaries for members of council and supervisors under the council-supervisor form of government shall must be set as hereinafter provided in this chapter;"./
Amend further, by striking SECTION 2 and inserting:
/SECTION 2. Section 8-17-140 of the 1976 Code is amended to read:
"Section 8-17-140. The committee shall, within twenty days after hearing an appeal, make its findings and decision and report such the findings and decision to the governing body individual or body vested with employment and discharge authority. If the governing body individual or body vested with employment and discharge authority approves, the decision of the grievance committee shall be is final, and copies of the decision shall must be transmitted by the committee to the employee, to the chief administrative officer, and to the particular department or agency involved. If, however, the governing body individual or body vested with employment and discharge authority rejects the decision of the committee, it shall make its own decision without further hearing, and that decision shall be is final, with copies transmitted to the employee and the employing agency."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill, which was adopted.
H. 2734 -- Reps. Keyserling, T. Rogers, Shelton, White, Hearn, McTeer, Foxworth, Foster, Wilder, Sheheen, Rudnick, Whipper, Moss, Nesbitt, Helmly, Cork, Kirsh, H. Brown, Hayes, Hodges, Toal, Neilson, J. Rogers, Evatt, Washington and Dangerfield: a BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, February 2, which was adopted.
S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
The following Bill was taken up.
H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, January 13, by the Committee on Labor, Commerce and Industry.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
Rep. M.D. BURRISS proposed the following Amendment No. 2 (Doc. No. 5229Y).
Amend the bill, as and if amended, by striking Section 23-43-130, as contained in SECTION 1, beginning on page 6 and line 20, and inserting:
/Section 23-43-130. Modular Each local authority may determine if modular building units bearing evidence of listing must be approval are acceptable in all localities its locality as meeting the requirements of this chapter and must be acceptable considered and accepted equivalent to a site-built structure as meeting the requirements of safety to life, health, and property imposed by any ordinance of any the local governments authority if such the units are erected or installed in accordance with all conditions of the listing approval. Local land use and zoning requirements, fire zones, building setback requirements, site and rear yard requirements, site development requirements, property line requirements, subdivision control, and on-site installation requirements, as well as the review and regulation of architectural and aesthetic requirements, are specifically and entirely reserved to local authorities. Such Those local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a conventionally modular or constructed or industrialized building. Unlabeled units constructed are subject to full inspection for local requirements and for compliance with the regulations of the Council on site in a conventional manner. All local building officials shall enforce the provisions of this chapter and applicable regulations. In localities with no building official, the State Fire Marshal, the Building Code Codes Council, or the South Carolina Residential Homebuilders Commission, within its their authority, shall enforce./
Amend title to conform.
Rep. M.D. BURRISS explained the amendment.
Reps. FABER and WHIPPER objected to the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3330 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INSURANCE LAW; TO AMEND SECTION 38-25-320, RELATING TO THE FINE FOR CONDUCTING UNAUTHORIZED INSURANCE BUSINESS IN THIS STATE, SO AS TO INCREASE THE MAXIMUM FINE FROM TEN TO FIFTY THOUSAND DOLLARS; TO AMEND SECTION 38-5-120, RELATING TO ACTS WHICH RESULT IN THE REVOCATION OR SUSPENSION OF AN INSURER'S CERTIFICATE OF AUTHORITY, SO AS TO INCLUDE FAILURE TO COMPLY WITH A LAWFUL ORDER OF THE COMMISSION; TO AMEND SECTION 38-43-130, RELATING TO THE COMMISSIONER'S AUTHORITY TO REVOKE OR SUSPEND AGENTS' LICENSES, SO AS TO DELETE WILFULNESS AS AN ELEMENT OF A VIOLATION, TO INCREASE FROM ONE TO TWO YEARS THE MAXIMUM PERIOD OF A LICENSE SUSPENSION, AND TO REFERENCE THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; TO AMEND SECTIONS 38-5-130, 38-7-80, 38-13-90, 38-13-150, 38-17-170, 38-25-330, 38-27-420, 38-29-100, 38-31-80, 38-37-930, 38-39-20, 38-39-40, 38-43-130, 38-43-160, 38-43-190, 38-45-140, 38-45-150, 38-47-60, 38-47-70, 38-53-150, 38-53-340, 38-55-40, 38-55-60, 38-55-80, 38-55-340, 38-57-200, 38-59-30, 38-59-50, 38-63-10, 38-63-20, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-71-90, 38-71-220, AND 38-73-80, ALL RELATING TO THE INSURANCE LAW AND CONTAINING SEPARATE PENALTY PROVISIONS, SO AS TO DELETE THE EXISTING PENALTY PROVISIONS AND ADD REFERENCES TO THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; AND TO REPEAL SECTIONS 38-25-340, 38-25-350, 38-37-950, 38-37-960, 38-43-140, 38-43-150, 38-61-60, AND 38-73-100 RELATING TO THE INSURANCE LAW.
Reps. BLACKWELL and MATTOS withdrew their objections to the following Bill whereupon an objection was raised by Rep. KLAPMAN.
H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.
Rep. WHIPPER withdrew her objection to the following Bill.
H. 3043 -- Reps. Simpson and Hendricks: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO EIGHT MEMBERS, PROVIDE THAT THE ADDITIONAL MEMBER MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FROM THE STATE AT LARGE FOR A FOUR-YEAR TERM AND MUST BE A MEMBER IN GOOD STANDING OF A LIONS CLUB IN THIS STATE, AND PROVIDE THAT THE GOVERNOR SHALL SELECT THIS ADDITIONAL MEMBER FROM A LIST SUBMITTED BY THE STATEWIDE ORGANIZATION OF LIONS INTERNATIONAL; AND TO PROVIDE FOR THE COMMENCEMENT OF THE INITIAL TERM OF THIS ADDITIONAL MEMBER.
Rep. FOXWORTH withdrew his objection to the following Bill.
H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: A BILL TO ESTABLISH THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1987 FOR THE PROTECTION OF THE GROUND WATERS OF THE STATE AND TO LEVY AN EXCISE TAX ON MOTOR FUELS TO PROVIDE FUNDING FOR CERTAIN CLEAN-UP FUNCTIONS.
Reps. KLAPMAN and P. BRADLEY withdrew their objections to the following Bill.
H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.
Rep. T.M. BURRISS raised the Point of Order that, as Rep. Ogburn had resigned from the House, his objection should be stricken from the Bill.
The SPEAKER sustained the Point of Order and ordered the objection removed.
On motion of Rep. PEARCE, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Agriculture and Natural Resources.
H. 3323 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO REGULATE THE TRAINING, CARE, AND CUSTODY OF DANGEROUS DOGS AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT MAGISTRATES HAVE JURISDICTION TO TRY CASES INVOLVING VIOLATIONS.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
S. 651 -- Senators Thomas E. Smith, Jr., Peeler, Bryan and Hayes: A BILL TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 44-53-110.
The following Concurrent Resolution was taken up.
S. 1039 -- Senator Applegate: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.
Rep. WASHINGTON moved to adjourn debate upon the Concurrent Resolution, which was adopted.
Rep. J. ROGERS moved that when the House adjourns it adjourn to meet at 10:45 A.M. tomorrow, which was agreed to.
Rep. BAXLEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3608 -- Rep. Pettigrew: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS APRIL ABEL OF JOHNSTON IN EDGEFIELD COUNTY, MISS SOUTH CAROLINA-USA FOR 1988, AS SHE PREPARES TO COMPETE IN THE MISS USA PAGEANT ON MARCH 1, 1988, IN EL PASO, TEXAS.
At 12:50 P.M. the House in accordance with the motion of Rep. J. ROGERS adjourned to meet at 10:45 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:37 P.M.