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| Section 59-143-20. (A) The State shall pay the tuition of a student, to the extent provided for in Sections 59-143-30 and 59-143-40, who enrolls in a degree or certificate program at any South Carolina institution of higher learning and who:
(1) resided in South Carolina during the twelve months preceding application to the program;
(2) has a cumulative `B' average or 3.0 on a 4.0 scale, either upon graduation from high school or at the end of at least one year of study at an institution of higher learning;
(3) has no criminal convictions, excluding minor traffic offenses;
(4) is found to be in financial need as determined in this chapter; and
(5) either:
(a) has graduated from a South Carolina high school; or
(b) has received a General Education Development Certificate from the State Board for Technical and Comprehensive Education.
(B) After an initial award, a student may continue to receive an EXCEL Scholarship for a maximum of four academic years if the student:
(a) has maintained a cumulative `B' average or 3.0 on a 4.0 scale;
(b) is enrolled for not less than two semesters or three quarters in an academic year unless active military service prevents continued enrollment; and
(c) has no criminal convictions, excluding minor traffic violations.
(C) A student whose average falls below a `B' or 3.0 on a 4.0 scale while receiving an EXCEL Scholarship will remain eligible to renew the scholarship for a probational period of one year. If the student does not attain a cumulative 3.0 average during the probational period, he is ineligible to receive an EXCEL Scholarship after the probationary period.
(D) A student who has received an EXCEL Scholarship but becomes ineligible under subsection (C) of this section may be eligible for an EXCEL loan in the amount in which the student would otherwise be eligible for an EXCEL Scholarship. A student whose cumulative grade point average is below a 2.5 on a 4.0 scale will not be eligible for an EXCEL loan. The terms of and eligibility requirements for the loan shall
Section 59-143-30. (A) The amount of the EXCEL Scholarship for otherwise eligible students shall be based on the yearly adjusted gross family income for the preceding year. If the adjusted gross family income is $50,000 or less, the student is eligible for an EXCEL Scholarship up to the amount of the cost of tuition at the school in which he is enrolled. If the income is greater than $50,000, the percentage of tuition paid shall be reduced by the percentage that the income is greater than $50,000. EXCEL Scholarship awards shall be established annually by the commission subject to availability of funds and shall be distributed on a pro rata basis. The commission is authorized to periodically adjust the $50,000 figure based on inflation.
(B) For the purposes of this chapter, adjusted gross family income means the adjusted gross income, as determined by the Internal Revenue Service, of the student and of any person who claims the student as a dependent for federal income tax purposes.
Section 59-143-40. The commission shall promulgate regulations to implement this chapter which provide:
(a) a formula for adjusting scholarships within the guidelines of Section 59-143-30 so as to reflect factors other than adjusted gross income, such as the number of family members in the household, which may affect a family's ability to pay;
(b) a formula for allowing deviations, based on the difficulty of the area of study in which the student is enrolled, from the grade requirements in Section 59-143-20;
(c) a mechanism for informing all students of the availability of the assistance provided pursuant to this chapter early in their schooling so as to motivate students toward academic achievement and lawful conduct;
(d) application forms, financial audit procedures, other program audit procedures, and other matters related to efficient operation; and
(e) a monitoring system to ensure that any criminal convictions of the applicants are discovered.
Section 59-143-50. The commission shall award scholarships based on the amount of funds appropriated by the General Assembly each fiscal year. The payments shall be made directly to the public institution upon the receipt of written notice from the institution that the student is enrolled.
Section 59-143-60. The student must apply for all federal grants before receiving an EXCEL Scholarship. No student may receive an EXCEL Scholarship under this chapter in an amount greater than the tuition
Amend the bill further, as and if amended, page 3, line 28, by striking SECTION 2 and inserting the following:
/SECTION . The provisions of Chapter 43, of Title 59 as contained in this act take effect upon approval by the Governor. Subject to approval of the Governor, the provisions of Chapter 143 of Title 59 as contained in this act take effect upon ratification of the amendment to Section 7, Article XVII of the Constitution of the State./
Amend title to conform.
Senators PASSAILAIGUE and STILWELL explained the amendment.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 3 was withdrawn.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 780 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION
41-29-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED
DISCLOSURE OF INFORMATION BY THE SOUTH CAROLINA EMPLOYMENT SECURITY
COMMISSION,
SO AS TO ADD A PROVISION AUTHORIZING THE COMMISSION TO SUPPLY CERTAIN
INFORMATION TO THE SOUTH CAROLINA STATE EDUCATION ASSISTANCE AUTHORITY.
S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (BBM\10190JM.95), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 33 through 35 and inserting:
/(1) two members appointed from the Senate Finance Committee by the chairman of that committee;
(2) two members appointed from the House Ways and Means Committee by the chairman of that committee;/
Amend further, page 2, line 12, by inserting:
/(D) The chairman of the State Reorganization Commission, the Chairman of the Senate Finance Committee, and the chairman of the House Ways and Means Committee shall jointly designate staff from the State Reorganization Commission, the House Ways and Means Committee, and the Senate Finance Committee to provide necessary administrative, legal, and research support for the board and, to the extent practical, use the personnel of appropriate state agencies and commissions with such administrative and legal resources./
Amend further, page 2, by striking lines 39 through 42 and inserting:
/(1) three members, as determined by the Governor, for terms of one year;
(2) three members, as determined by the Governor, for terms of two years; and
(3) Senate and House members, for terms of two years./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered
placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, S. 35 was ordered to receive a third reading on Thursday, April 27, 1995.
S. 505 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-106 SO AS TO PROHIBIT A GENERAL CONTRACTOR OR MECHANICAL CONTRACTOR FROM USING LEGAL PROCESS TO ENFORCE THE PROVISIONS OF ANY CONSTRUCTION CONTRACT IF THE CONTRACTOR IS NOT A LICENSED CONTRACTOR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (GJK\21756SD.95), which was adopted:
Amend the bill, as and if amended, by striking Section 40-11-106 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 40-11-106. A contractor who does not have the license required by this chapter may not bring any action at law or in equity to enforce the provisions of any construction contract which he entered into in violation of this chapter, including any actions to secure or collect any sum due under any contract if the contracting party who is subject to the action brought by the contractor had no knowledge at the time of entering into the construction contract that the contractor was not licensed."/
Renumber sections to conform.
Amend totals and title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator STILWELL, S. 505 was ordered to receive a third reading on Thursday, April 27, 1995.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (DKA\3947CM.95), which was adopted:
Amend the bill, as and if amended, Section 40-17-55, SECTION 1, page 1, by striking lines 34 through 42, and on page 2, by striking line 1, and inserting:
/who:
(1) has obtained a high school diploma or its equivalent;
(2) is at least twenty-one years of age;
(3) is a citizen of the United States;
(4) is not a person convicted of a felony or a crime involving moral turpitude;
(5) is not a person with a record of mental illness that has not be restored to legal capacity;
(6) is not a veteran who has received less than an honorable discharge from military service;
(7) is a person having had at least three years experience:/
Amend further, page 2, by striking on line 7 /registration/ and inserting:
/registration licensure/.
Amend further, page 2, by striking lines 21 through 28 and inserting:
/(1) have a high school diploma or its equivalent;
(2) be at least eighteen years of age;
(3) be a citizen of the United States;
(4) not have been convicted of a felony or crime involving moral turpitude;
(5) not be a person with a record of mental illness that has not been restored to legal capacity;
(6) not be a veteran who has received less than an honorable
discharge from military service./
/(A)(1) and (7) of this provision."/
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator WILSON spoke on the Bill.
Senator WILLIAMS objected to further consideration of the Bill.
S. 765 -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS' MEMORIAL DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE
Senator PASSAILAIGUE was recognized.
With Senator PASSAILAIGUE retaining the floor, Senator SALEEBY spoke on the Bill.
Senator SALEEBY asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 18.
There was no objection.
Senator SALEEBY proposed the following Amendment No. 18 (BBM\10217JM.95):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-73-455 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-73-455. (A) An automobile insurer shall offer two different rates for automobile insurance, a base rate one or more rates as defined in Section 38-73-457 and an objective standards rate which is twenty-five percent above the base rate. Both of these rates which rates are subject to all surcharges or discounts, if any, applicable under any approved merit rating plan, credit or discount plan promulgated by the department or approved by the director or his designee. Additionally, an automobile insurer shall offer the applicable rates approved for policies ceded to the Reinsurance Facility.
Applicants, or a current policyholder, seeking automobile insurance with an insurer must be written at the base rate, unless one of the conditions or factors in subitems (1) through (8) of item (A) is present.
(A) The named insured or any operator who is not excluded in accordance with Section 38-77-340 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:
(1) has obtained a policy of automobile insurance or continuation thereof through material misrepresentation within the preceding thirty-six months; or
(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each
(3) has had two or more "chargeable" accidents within the thirty-six months immediately preceding the effective date of coverage. A "chargeable" accident is defined as one resulting in bodily injury to any person in excess of three hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.
(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.
(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.
(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.
(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a "hit and run" driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.
(f) Accidents involving damage by contact with animals or fowl.
(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.
(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or
(4) has had one "chargeable" accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the
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