South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

TUESDAY, JUNE 17, 1997

Tuesday, June 17, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

We thank You, Heavenly Father, for Your watchful care and protection while we have been absent from this place, being our ever present Companion as a good shepherd providing for his sheep, and that You have brought us here again to do what needs to be done. Give us, then, in abundant measure Your wisdom and Your guidance. When the difficult and the challenging come, give us the ability to grow wings, never to borrow crutches. Enable us always to count our blessings, not our woes; that worthy accomplishments seldom come at bargain prices, that we rejoice in our own strength when we overcome difficulties.

So be with us, Lord God, this day and every day. 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.

MOTION ADOPTED

Rep. BAUER moved that when the House adjourns, it adjourn in memory of Lynn Kempson Wingard of Chapin, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4327 -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO COMMEND KIMBERLY J. (KIM) SMITH, ASSISTANT TO THE SPEAKER, FOR HER OUTSTANDING SERVICE TO THE HOUSE OF REPRESENTATIVES AS SHE LEAVES THIS POSITION ON AUGUST 1, 1997, TO ATTEND LAW SCHOOL.

Whereas, the members of the House have learned with deep and sincere regret that Kimberly J. (Kim) Smith, Assistant to the Speaker of the House, David H. Wilkins, will be leaving this position on August 1, 1997, in order to attend law school; and

Whereas, Kim Smith is one of the most delightful and personable members of the House staff who never fails to treat every person with whom she comes into contact with the utmost courtesy and friendliness whatever the circumstances; and

Whereas, she is a native of Orangeburg, a graduate of the College of Charleston, and worked both as a school teacher and paralegal before she joined the staff of then Speaker Pro Tempore David Wilkins on June 28, 1994; and

Whereas, her professionalism, hard work, and dedication to her job and to the General Assembly as an institution has brought great credit not only upon her but upon the House and its membership as well; and

Whereas, the members of the House of Representatives, by this resolution, would like to publicly recognize and thank her for her truly distinguished service as Assistant to the Speaker as her work with the House comes to a close. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby commend Kimberly J. (Kim) Smith, Assistant to the Speaker, for her outstanding service to the House of Representatives as she leaves this position on August 1, 1997, to attend law school.

Be it further resolved that the members of the House of Representatives extend to Kim Godspeed and best wishes for a successful law school experience and for an enjoyable and rewarding career as an attorney-at-law after graduation.

Be it further resolved that a copy of this resolution be presented to Kim Smith.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4328 -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. ANN COUNCIL OF DARLINGTON COUNTY UPON BEING NAMED THE 1996 SOUTH CAROLINA SCHOOL NURSE OF THE YEAR AND TO COMMEND HER FOR HER COMMITMENT TO HEALTH EDUCATION IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4329 -- Rep. Haskins: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STUDENT LEGISLATURE ON ITS EXCELLENT WORK IN TEACHING GENERATIONS OF STUDENTS THE PROCESSES OF STATE GOVERNMENT, TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE CHAMBER ON NOVEMBER 5, 6, AND 7, 1997, FOR ITS ANNUAL MEETING, AND TO REVOKE THE PROVISIONS OF H. 3657 PREVIOUSLY ADOPTED WHICH AUTHORIZED THE USE OF THE HOUSE CHAMBER BY THE STUDENT LEGISLATURE ON OTHER DATES.

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby congratulate the South Carolina Student Legislature for its excellent work in teaching generations of students the processes of state government.

Be it further resolved that the South Carolina Student Legislature is allowed the use of the Chamber of the House of Representatives at its temporary location on November 5, 6, and 7, 1997, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the House Chamber may not be used on these days.

Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the House Chamber and the use must be in strict accordance with the policies of the House of Representatives.

Be it further resolved that the provisions of H.3657 authorizing the South Carolina Student Legislature to use the House Chamber on November 12, 13, and 14, 1997, for its annual meeting are hereby revoked.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 812 -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE RUTH NAGY OF CAYCE, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1997 SERVICE AWARD AND TO COMMEND HER FOR HER CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HER SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 4330 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO COMMEND JANE V. (CANDYE) SLAY, PRINCIPAL OF REDCLIFFE ELEMENTARY SCHOOL IN AIKEN AND ONE OF SOUTH CAROLINA'S MOST HONORED SCHOOL ADMINISTRATORS, UPON HER RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4331 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF BENCH AND BAR SPOUSES, INCORPORATED, ON ITS FOURTH ANNIVERSARY AND WISHING IT MUCH SUCCESS IN ITS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
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 S. 343:
S. 343 -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Very respectfully,
President

S. 343--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Rose, Short and Washington of the Committee of Free Conference on the part of the Senate on H. 3744:
H. 3744 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3744:
H. 3744 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 254:
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND". (Abbreviated Title)
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Peeler, Thomas and Waldrep of the Committee of Free Conference on the part of the Senate on H. 3155:
H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3155:
H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Leatherman, Leventis and Matthews of the Committee of Free Conference on the part of the Senate on H. 3819:
H. 3819 -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3819:
H. 3819 -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Very respectfully,
President

H. 3819--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

ROLL CALL

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

Allison                Altman                 Askins
Bailey                 Barrett                Battle
Bauer                  Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Easterday              Edge
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris, A.             Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kennedy                Kinon                  Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Spearman               Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, June 17.

Mark S. Kelley                    J. Michael Baxley
Liston D. Barfield                Joe McMaster
F.G. Delleney, Jr.                Ralph W. Canty
Alfred B. Robinson, Jr.           Harry C. Stille
Steve P. Lanford
Total Present--123

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. 803 -- Senators Washington, Matthews, Rose and Williams: A BILL TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 587 OF 1984, PERTAINING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT EACH MEMBER SHALL RECEIVE AN ANNUAL SALARY OF TWO THOUSAND FOUR HUNDRED DOLLARS.

S. 254---FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 5, 1997

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     Section 56-9-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended by adding the following appropriately-numbered item:

"( )     'Uninsured Motorist Fund' means a fund established for fees collected by the Director of the Department of Public Safety from registration of uninsured vehicles."

SECTION     2.     Chapter 10 of Title 56 of the 1976 Code is amended by adding:

"Article 5
Establishment of Uninsured Motorist Fund

Section 56-10-510.     In addition to any other fees prescribed by law, every person registering an uninsured motor vehicle, as defined in Section 56-9-20, at the time of registering or reregistering the uninsured vehicle, shall pay a fee of five hundred and fifty dollars. Notwithstanding any other provision of law, fifty dollars of the uninsured motor vehicle fee is nonrefundable and is directed to be paid to the South Carolina Reinsurance Facility for the recoupment of assessments or losses of the South Carolina Reinsurance Facility pursuant to Section 56-10-554 until otherwise ordered by the Director of the Department of Insurance. However, if the uninsured motor vehicle is being registered for a period of less than a full year, the uninsured motor vehicle fee exclusive of any nonrefundable portion must be prorated to conform to the registration period. This uninsured motor vehicle fee shall be increased annually based upon and in relation to the average rate level increases for private passenger automobile insurance coverages by insurers in this State. The Director of the Department of Insurance, by annual order, will set this exact fee. The application for registering an uninsured vehicle must have the following statements printed on or attached to the first page of the form, boldface, twelve point type: "THIS $500 FEE IS NOT AN INSURANCE PREMIUM AND YOU ARE NOT PURCHASING ANY INSURANCE BY PAYING THIS FEE. THIS $500 UNINSURED MOTORIST FEE IS FOR THE PRIVILEGE TO DRIVE AND OPERATE AN UNINSURED MOTOR VEHICLE ON THE SOUTH CAROLINA ROADS." This uninsured motorist notice required by this Section must also be given to the person registering an uninsured motor vehicle. The director shall prescribe the exact format of this notice by regulation and shall adjust the amount of this fee annually as part of the order by the Director of the Department of Insurance adjusting the uninsured motorist fee in relation to the average rate level increases for private passenger automobile insurance coverages by insurers in this State. Every person applying for registration of a motor vehicle and declaring it to be an insured motor vehicle, under the penalties set forth in Section 56-10-520, shall execute and furnish to the director his certificate that the motor vehicle is an insured motor vehicle as defined by the laws of this State, or that the director has issued to its owner, in accordance with Section 56-9-60, a certificate of self-insurance applicable to the vehicle sought to be registered. The director, or his designee, may require any registered owner of a motor vehicle declared to be insured or any applicant for registration of a motor vehicle to be an insured to submit a certificate of insurance on a form prescribed by the director. The director must forward the certificate of insurance or bond to the insurance company or surety company, whichever is applicable, for verification as to whether the policy or bond named in the certificate is currently in force. At that time, and not later than thirty days following receipt of the certificate of insurance, the insurance company or surety company must cause to be filed with the director a written notice if the policy or bond was not applicable as to the named insured. The director must prescribe the manner in which the written notice must be made. The refusal or neglect of any owner within thirty days to submit the certificate of insurance when required by the director or his designee or the notification by the insurance company or surety company that the policy or bond named in the certificate of insurance is not in effect, must require the director to suspend any driver's license and all registration certificates and license plates issued to the owner of the motor vehicle until the person:

(1)     has paid to the Director of the Department of Public Safety a fee of three hundred dollars to be disposed of as provided for in Sections 56-10-550 and 56-10-552 with respect to the motor vehicle determined to be uninsured; and

(2)     furnishes proof of financial responsibility for the future in the manner prescribed in Section 56-10-10, et seq. of this chapter. An order of suspension required by this section is not effective until the director has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension. When three years have elapsed from the effective date of the suspension required in this section, the director may relieve the person of the requirement of furnishing proof of future financial responsibility. If the director determines that the fee applicable to the registration of an uninsured motor vehicle has been paid on the vehicle in question on or before the date that the insurance certificate was requested, no suspension action must be taken. The director shall suspend the driver's license and all registration certificates and license plates of any person on receiving a record of his conviction of a violation of any provisions of Section 56-10-520, but the director shall dispense with the suspension when the person is convicted for a violation of Section 56-10-520 and the department's records show conclusively that the motor vehicle was insured or that the fee applicable to the registration of an uninsured motor vehicle has been paid by the owner before the date and time of the alleged offense.

Section 56-10-520.     A person who owns an uninsured motor vehicle:

(1)     licensed in the State; or

(2)     subject to registration in the State;
who operates or permits the operation of that motor vehicle without first having paid to the director the uninsured motor vehicle fee required by Section 56-10-510, to be disposed of as provided by Section 56-10-550, shall be guilty of a misdemeanor.

A person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the director, shall be guilty of a misdemeanor.

The director or his designee, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to submit the certificate of insurance provided for by Section 56-10-510. The refusal or neglect of the owner who has not, before the date of operation, paid the uninsured motor vehicle fee required by Section 56-10-510 as to such motor vehicle, to furnish such certificate must be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation. A person who presents or causes to be presented to the director a false certificate that a motor vehicle is an insured motor vehicle or false evidence that a motor vehicle sought to be registered is an insured motor vehicle, is guilty of a misdemeanor.

However, the foregoing portions of this section must not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of Section 56-10-245 must be applicable.

Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section must be forwarded to the director as prescribed by Section 56-9-330. The director shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays the fee applicable to the registration of an uninsured motor vehicle as prescribed in Section 56-10-510 and furnishes proof of future financial responsibility as prescribed by this section. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the date of the suspension herein required, the director may relieve such person of the requirement of furnishing proof of future financial responsibility. When such suspension results from a conviction for presenting or causing to be presented to the director a false certificate as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person so convicted for a period of one hundred eighty days from the date of such order of suspension, and only then when all other provisions of law have been complied with by such person. The director shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of a violation of any provisions of this section and he shall not thereafter reissue the driver's license until thirty days from the date of such order of suspension.

Section 56-10-530.     When it appears to the director from the records of his office that an uninsured motor vehicle as defined in Section 56-9-20, subject to registration in the State, is involved in a reportable accident in the State resulting in death, injury, or property damage with respect to which motor vehicle the owner thereof has not paid the uninsured motor vehicle fee as prescribed in Section 56-10-510, the director shall, in addition to enforcing the applicable provisions of Section 56-10-10, et seq. of this chapter, suspend such owner's driver's license and all of his license plates and registration certificates until such person has complied with those provisions of law and has paid to the Director of the Department of Public Safety a reinstatement fee as provided by Section 56-10-510, to be disposed of as provided by Section 56-10-550, with respect to the motor vehicle involved in the accident and furnishes proof of future financial responsibility in the manner prescribed in Section 56-9-350, et seq.. However, no order of suspension required by this section must become effective until the director has offered the person an opportunity for an administrative hearing to show cause why the order should not be enforced. Notice of the opportunity for an administrative hearing may be included in the order of suspension. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the effective date of the suspension herein required, the director may relieve such person of the requirement of furnishing proof of future financial responsibility. The presentation by a person subject to the provisions of this section of a certificate of insurance, executed by an agent or representative of an insurance company qualified to do business in this State, showing that on the date and at the time of the accident the vehicle was an insured motor vehicle as herein defined or, presentation by such person of evidence that the additional fee applicable to the registration of an uninsured motor vehicle had been paid to the department before the date and time of the accident, is sufficient bar to the suspension provided for in this section.

Section 56-10-535.     The director, upon receiving notice at the time of application or at any time during participation in the Fund that a titled owner of a motor vehicle has been convicted of one of the following violations: disobedience of any official traffic device; failure to stop for law enforcement officer when signaled; disobedience to any officer directing traffic; failure to stop for a school bus; leaving the scene of an accident where injury to a person or damage to property results; theft or unlawful taking of a vehicle; racing on public highways; driving under the influence of intoxicating liquor or narcotic drugs or where injury to a person of over six hundred dollars per person or damage to property of the insured or other person of over one thousand dollars results; reckless driving where injury to a person of over six hundred dollars per person or damage to property of the insured or other person of over one thousand dollars results; homicide or assault arising out of the operation of a motor vehicle; any felony involving the use of a motor vehicle; the transporting of illegal whiskey or unlawful drugs or other controlled or narcotic substances; reckless homicide; wilful making of false statements in the application for license or registration; impersonating an applicant for license or registration or procuring a license or registration through impersonation whether for himself or another; any three or more moving traffic convictions; any two or more accidents for which the owner is responsible and where injury to a person of over six hundred dollars per person or damage to property of the insured or other persons of over one thousand dollars results; or if any household driver has been licensed for less than three years; then the director shall require the owner to furnish proof of financial responsibility in the manner prescribed by the director.

However, when three years have elapsed from the effective date of any conviction for the above offenses, the director may relieve such person of the requirement of furnishing proof of future financial responsibility.

Section 56-10-540.     Whenever any proof of financial responsibility filed by any person as required by this chapter no longer fulfills the purpose for which required, the director shall require other proof of financial responsibility as required by this chapter and shall suspend such person's driver's license, registration, certificates, and license plates and decals pending the furnishing of proof in a manner prescribed by the director. Notice of such suspension shall be made in the form provided for in Section 56-1-465.

A person whose driver's license or registration certificates, or license plates and decals have been suspended as provided in this chapter and have not been reinstated shall immediately return every such license, registration certificate, and set of license plates and decals held by him to the director. A person failing to comply with this requirement shall be guilty of a traffic infraction and, upon conviction, shall be punished as provided in Section 56-9-310, et seq.

Section 56-10-550.     Except as provided in Sections 56-10-552 and 56-10-554, funds collected by the Director of the Department of Public Safety under the provisions of this chapter must be placed on deposit with the State Treasurer and held in a special fund to be known as the 'Uninsured Motorists Fund' to be disbursed as provided by law. The Director of the Department of Insurance as provided in Sections 38-77-151 and 38-77-154 may expend monies from such funds for the administration of Title 38.

Section 56-10-551.     When any insurance policy certified under this chapter is canceled or terminated, the insurer shall report the fact to the director within fifteen days after the cancellation on a form prescribed by the director.

Section 56-10-552.     (A)     All funds collected as provided in Section 38-73-470 must be directed to the Director of the Department of Public Safety for the establishment and maintenance of a special fund, to be known as the 'Uninsured Enforcement Fund', to be used by the Department of Public Safety for the purpose of enforcement and administration of Article 3, Chapter 10, Title 56.

(B)     Fifty percent of the reinstatement fee as provided by Section 56-10-510(1) must be transferred by the Department of Public Safety and recorded to the Uninsured Enforcement Fund to be used by the Department of Public Safety as provided by subsection (A) of this section. The remaining fifty percent of the reinstatement fee as provided by Section 56-10-510 must be retained in the Uninsured Motorist Fund to be used as provided in Sections 56-10-550, 38-77-151, and 38-77-154.

Section 56-10-553.     (A)     The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured Motorist Fund, and the net funds received from the Department of Insurance from the uninsured motorist fee during fiscal year.

(B)     The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.

(c)     The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.

(D)     The Department of Public Safety must provide an annual report to the General Assembly containing the information required in subsections (A) and (B) of this section.

Section 56-10-554.     As provided in Section 56-10-510, fifty dollars of the uninsured motor vehicle fee paid per vehicle is nonrefundable and must be used to recoup assessments or losses of the South Carolina Reinsurance Facility. Upon collection by the Director of the Department of Public Safety from any person registering an uninsured vehicle, this money must be placed by the Director of the Department of Public Safety on deposit with the State Treasurer to be held in a special account called the "Recoupment Fund", payable on a quarterly basis, to provide for the recoupment of facility assessments or losses. Upon final recoupment of facility losses as the South Carolina Reinsurance Facility ceases to exist, the Director of the Department of Insurance shall by order (1) set the uninsured motor vehicle fee which does not include the fifty dollars dedicated for the recoupment of facility assessments or losses; (2) inform the Director of the Department of Public Safety that the facility assessments or losses have been recouped and when the Department of Public Safety must cease collection from every person registering an uninsured motor vehicle, as well as transmittal to the State Treasurer, of this fifty dollar portion; and (3) direct the State Treasurer to transfer any used portion of the "Recoupment Fund" to the "Uninsured Motorist Fund". The Director of the Department of Public Safety must cease collection of this fifty dollars as part of the uninsured motor vehicle fee which has been dedicated for the recoupment of facility assessments or losses as provided in the order issued by the Director of the Department of Insurance.

SECTION     3.     Section 38-73-470 of the 1976 Code, as last amended by Section 783 of Act 181 of 1993, is further amended to read:

"Section 38-73-470.     One dollar of the yearly premium for uninsured motorist coverage must be transferred is directed to be paid to the South Carolina Department of Public Safety to be placed on deposit with the State Treasurer in the 'Uninsured Enforcement Fund', payable on a quarterly basis, to provide funds for the costs of enforcing and administering the provisions of Article 3, Chapter 10, Title 56. Interest earned by the 'Uninsured Fund' must be retained by that fund. There is no requirement for an insurer or an agent to offer underinsured motorist coverage at limits less than the statutorily required bodily injury or property damage limits."

SECTION     4.     Section 38-73-910 of the 1976 Code, as last amended by Acts 300, 360, and 378 of 1996, is further amended to read:

"Section 38-73-910.     (A)     No increase in the premium rates may be granted for automobile, workers' compensation, fire, allied lines, and homeowners' insurance, nor for any other line or type of insurance with respect to which the director or his designee has, by order, made a finding that (a) legal or other compulsion upon the part of the insured to purchase the insurance interferes with competition, or (b) under prevailing circumstances there does not exist substantial competition, unless notice is given in all newspapers of general, statewide circulation at least thirty days in advance of the insurer's proposed effective date of the increase in premium rates. The notice shall state the amount of increase, the type and line of coverage, and the proposed effective date and shall allow any insured or affected party to request within fifteen days a public hearing upon the propriety of the rate increase request before the Administrative Law Judge Division. A copy of the notice must be sent to the Consumer Advocate.

However, the requirements of public notices and public hearings in this section do not apply to applications for rate increases when the applicant insurer had earned premiums in this State in the previous calendar year of less than two million dollars for the line or type of insurance for which the rate increase is sought or, if the rate increase is sought by a rating organization, the earned premiums in this State for all members and subscribers of the organization for whom an increase is sought were less than two million dollars for the previous calendar year for the line or type of insurance for which the rate increase is sought. The two million dollars must be increased by a factor equal to the increase in the consumer price index, all items, every three years.

However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association for use within the coastal area of South Carolina as defined by Section 38-75-310(5).

(B)     Except as provided in subsection (c) of this section, overall average rate level increases or decreases, for all coverages combined, of seven percent above or below the insurer's rates in effect may take effect without prior approval on a file and use basis with respect to rates for automobile insurance policies. The seven percent cap does not apply on an individual insured basis.

(c)     Notwithstanding any other provisions of this chapter, for any policies governed by this section, filings that produce rate level changes within the limitation specified in subsection (B) of this section becomes effective without prior approval; provided, however, that (1) no more than one rate increase within the limitation specified in subsection (B) of this section may be implemented during any twelve-month period and (2) no rate increase within the limitation specified in subsection (B) of this section may be implemented until the onset of the new policy period and unless the insurer, at least thirty days in advance of the end of the policy period, mails or delivers to the named insured, at the address shown in the policy, a written notice of its intention to change the rate. The overall statewide rate change implemented under this section must be stated in the notice.

A rate increase or decrease falling within the limitation specified in subsection (B) of this section may become effective not less than thirty days after the date of the filing with the director. Any such filing is deemed to meet the requirements of this chapter. The director may find that such a filing is not in compliance with this chapter. In the event of such a finding, the director shall issue a written order specifying in detail the provisions with which the insurer has not complied and state a reasonable period thereafter in which the filing shall be deemed no longer effective. Any order by the director pursuant to this section that is issued more than thirty days from the date on which the director received the rate filing shall be on a prospective basis only and shall not affect any contract issued or made prior to the effective date of the order.

Rate filings falling outside the limitation specified in subsection (B) of this section will be subject to the prior approval of the director. The director shall approve or disapprove such filings in accordance with the provisions of Section 38-73-960 and 38-73-990.

(D)     Individual automobile insurance companies and member companies of an affiliated group of automobile insurers may utilize different filed rates for automobile insurance coverages in accordance with rating plans filed with and approved by the director. These rating plans may provide for different rates, rating tiers, and rating plans among affiliated companies. For the purpose of this section, an affiliated group of automobile insurers includes a group of automobile insurers under common ownership, management, or control.

(E)     The Director of the Department of Insurance or his designee shall promulgate regulations implementing the provisions of this section.

(F)     On or before March 31, 2004, the Director of the Department of Insurance or his designee shall report to the General Assembly on the effectiveness of flexible rating for automobile insurance policies. The report which may not include data regarding a specific insurer or insurer group, except data that is public record, must analyze the impact of flexible rating on:

(1)     the extent and nature of competition;

(2)     size and significance of coverage;

(3)     level and range or rates and rate changes among insurers;

(4)     extent of consumer complaints to the Department of Insurance;

(5)     volume of cancellations and nonrenewals;

(6)     changes in the number of policies by territory and by class, including age and sex, in each territory; and

(7)     the number of new insured, nonrenewed insured and business written by each insurer."

SECTION     5.     The 1976 Code is amended by adding:

"Section 38-73-736.     Any schedule of rates, rate classifications, or rating plans for automobile insurance as defined in Section 38-77-30 filed with the Department of Insurance must provide for an appropriate reduction in premium charges for those insured persons who are fifty-five years of age and older and who qualify as provided in Section 38-73-737."

SECTION     6.     Section 38-77-10 of the 1976 Code, as last amended by Act 326 of 1996, is further amended to read:

"Section 38-77-10.     In order to effect a complete reform of automobile insurance and insurance practices in South Carolina, the purposes of this chapter are to provide:

(1)     To provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to bodily injury liability and property damage liability automobile insurance from the automobile insurer of the applicant's choice on the basis of the same rates, policy forms, claims service, and other services provided by the insurer to all other applicants or insureds falling within the classification of risk and territory under the applicable risk and territorial classification plan promulgated by the department so long as all these applicants or insureds have satisfied the same objective standards as established in Sections 38-77-280 and 38-73-455;

(2)     To provide a Reinsurance Facility for automobile insurers in which all automobile insurers which provide bodily injury liability insurance, property damage liability insurance, or both, must participate to the end that the operating expenses and net profit or loss of the facility may be shared equitably by all the insurers transacting bodily injury liability and property damage liability automobile insurance business in this State giving appropriate consideration to degrees of utilization of the facility by the several insurers of bodily injury liability and property damage liability automobile insurance and to provide prohibitions or penalties in respect to excessive utilization of the facility. for a residual market mechanism, known as the Associated Auto Insurers Plan, for every person who is legally entitled to automobile insurance but has not been able to obtain a motor vehicle liability policy to apply to the Director of the Department of Insurance to have his risk assigned to an insurance carrier licensed to write and writing motor vehicle liability insurance in the State who shall issue a motor vehicle liability policy which will meet at least the minimum requirements for establishing financial responsibility in this chapter;

(3)     To provide prohibitions and penalties in respect to unfairly discriminatory or unfairly competitive practices having as their purpose or effect evasion of the statutory mandate of coverage provided in this chapter or imposing an undue or unfair burden upon other automobile insurers through excessive utilization of the Facility. of the coverages as provided in this chapter; and

(4)     To provide medical, surgical, funeral, and disability insurance benefits without regard to fault to be offered under automobile insurance policies that provide bodily injury and property damage liability insurance, or other security, for motor vehicles registered in this State."

SECTION     7.     Section 38-77-30 of the 1976 Code, as last amended by Act 326 of 1996, is further amended to read:

"Section 38-77-30.     As used in this chapter, unless the context requires otherwise:

(1)     'Automobile insurance' means automobile bodily injury and property damage liability insurance, including medical payments and uninsured motorist coverage, and automobile physical damage insurance such as automobile comprehensive physical damage, collision, fire, theft, combined additional coverage, and similar automobile physical damage insurance and economic loss benefits as provided by this chapter written or offered by automobile insurers. An automobile insurance policy includes a motor vehicle liability policy as defined in item (7) of Section 56-9-20 and any nonowner automobile insurance policy which covers an individual private passenger automobile not owned by the insured, a family member of the insured, or a resident of the same household as the insured.

(2)     'Automobile insurer' means an insurer licensed to do business in South Carolina and authorized to issue automobile insurance policies.

(3)     'Bodily injury' includes death resulting therefrom.

(3.5)     'Cancellation' or 'to cancel' means a termination of a policy during the policy period.

(4)     'Damages' includes both actual and punitive damages.

(4.5)     'Facility physical damage rate' means the final rate or premium charge for physical damage coverage which must be established by adding the physical damage loss component developed under Section 38-77-596 to the expense component developed under Section 38-77-596.

(5)     'Facility' means the unincorporated, nonprofit, legal entity created by this chapter to reinsure policies of automobile insurance known as the South Carolina Reinsurance Facility.

(5.5)(a)     'Individual private passenger automobile' means the following types of motor vehicles owned by or leased under a long-term contract by an individual or individuals:

(I)     motor vehicles of the private passenger type or station wagon type;

(ii)     panel trucks, delivery sedans, vehicles with a pickup body, vans, or similar motor vehicles designed for use on streets and highways and so licensed; and

(iii)     motor homes, so long as the motor vehicles described in (ii) and (iii) are not used in the occupation, profession, or business of the insured other than farming and ranching.; and

(iv)     motorcycles.

(b)     A motor vehicle is not considered 'owned by or leased under a long-term contract by an individual or individuals' if the motor vehicle is owned by a partnership or corporation, unless the motor vehicle is owned by a farm family copartnership or a farm family corporation and is garaged principally on a farm or ranch.

(c)     A motor vehicle is not considered 'used in the occupation, profession, or business of the insured', because it is used in the course of driving to and from work.

(d)     Individual private passenger automobile does not include:

(I)     motor vehicles that are used for public or livery conveyance or rented to others without a driver;

(ii)     fire department vehicles, police vehicles, ambulances, and rescue squad vehicles which are publicly owned;

(iii)     motorcycles, motor-driven cycles, motor scooters, and mopeds;

(iv)     dune buggies, all-terrain vehicles, go carts, and snowmobiles;

(v)     golf carts; and

(vi)     small commercial risks.

(6)     'Institutional source' means any person or governmental entity that provides information about an individual to an agent, insurer, or insurance-support organization other than:

(a)     an agent;

(b)     the individual who is the subject of the information; or

(c)     a natural person acting in a personal capacity rather than in a business or professional capacity.

(7)     'Insured' means the named insured and, while resident of the same household, the spouse of any named insured and relatives of either, while in a motor vehicle or otherwise, and any person who uses with the consent, expressed or implied, of the named insured the motor vehicle to which the policy applies and a guest in the motor vehicle to which the policy applies or the personal representative of any of the above.

(8)     'Insurance-support organization' means any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurer or agent for insurance transactions, including (I) the furnishing of consumer reports or investigative consumer reports to an insurer or agent for use in connection with an insurance transaction or (ii) the collection of personal information from insurers, agents, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity. However, the following persons shall not be considered insurance-support organizations for purposes of this chapter: agents, governmental institutions, insurers, rating organizations, medical care institutions, and medical professionals.

(7)(9)     'Motor vehicle' means every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with these vehicles but excepting traction engines, road rollers, farm trailers, tractor cranes, power shovels and well-drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails. For purposes of this chapter, the term automobile has the same meaning as motor vehicle.

(8)(10)     'Nonpayment of premium' means failure of the named insured to pay when due any of his obligations in connection with the payment of premiums on a policy, or any installment of the premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit, or failure to maintain membership in an organization if membership is a condition precedent to insurance coverage.

(10.5)     'Policy of automobile insurance' or 'policy' means a policy or contract for bodily injury or property damage liability insurance issued or delivered in this State covering liability arising from the ownership, maintenance, or use of any motor vehicle, insuring as the named insured one individual or husband and wife who are residents of the same household, and under which the insured vehicle designated in the policy is either:

(a)     a motor vehicle of a private passenger, station wagon, or motorcycle type that is not used commercially, rented to others, or used as a public or livery conveyance where the terms 'public or livery conveyance' do not include car pools, or

(b)     any other four-wheel motor vehicle which is not used in the occupation, profession, or business, other than farming, of the insured, or as a public or livery conveyance, or rented to others. The term 'policy of automobile insurance' or 'policy' does not include:

(I)     any policy issued through the Associated Auto Insurers Plan,

(ii)     any policy covering the operation of a garage, sales agency, repair shop, service station, or public parking place,

(iii)     any policy providing insurance on an excess basis such as an umbrella policy, or

(iv)     any other contract providing insurance to the named insured even though the contract may incidentally provide insurance on motor vehicles.

(9)(11)     'Quota share reinsurance' means that form of reinsurance in which the reinsurer assumes a fixed percentage of the insured risk.

(10)(12)     'Renewal' or 'to renew' means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, the renewal policy to provide types and limits of coverage at least equal to those contained in the policy being superseded, or the issuance and delivery of a certificate or notice extending the terms of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy being extended. However, any policy with a policy period or term of less than six months or any period with no fixed expiration date is considered as if written for successive policy periods or terms of six months.

(11)(13)     'Small commercial risk' means:

(a)     Garage risks including nonmotor vehicle insurance when written in combination with automobile liability coverage.

(b)     Ambulance risks.

(c)     Commercial risks which have a load capacity less than ten thousand pounds manufacturer's gross vehicular weight less than twenty thousand pounds and are not required to have a mandatory filing by a governmental authority other than an SR-22.

(d)     Church buses used by a church to transport adults or children to and from services and in activities incidental to church functions, so long as a mandatory filing by any governmental authority other than an SR-22 is not required.

(e)     Privately owned school buses used to carry school children and students, their parents or guardians, members of the faculty, school board members, nurses, doctors, and dentists, as well as guests in connection with any school activity and operations incidental thereto, including games, outings, and similar road trips, so long as a mandatory filing by any governmental authority other than an SR-22 is not required.

'Small commercial risk' does not include pulpwood trucks or dump trucks.

(12)     'Specialized insurer' means an insurer which specializes in certain types of business such as, but without limitation on the generality, commercial automobile business, and which may be relieved, with the approval of the director or his designee, of the obligation to write types of business inconsistent with this specialty, such as private passenger automobile business. However, no insurer may be approved as a specialized insurer or continue to be so approved unless it accepts all insurable risks falling within the types of business to which it confines its writings without distinctions among applicants or policyholders as to policy forms, terms, rates or services other than as the distinctions are reflected in the approved rating plan for the classification of risks. No insurer may be approved as a specialized insurer because it specializes in or purports to specialize in select or preferred risks. A specialized insurer may not cede risks to the Reinsurance Facility and thus does not recoup losses of the facility. Specialized insurers may be excused from using the merit rating plan and the uniform classification and territorial plans upon approval by the director or his designee.

(13)(14)     'Uninsured motor vehicle' means a motor vehicle as to which:

(a)     there is not bodily injury liability insurance and property damage liability insurance both at least in the amounts specified in Section 38-77-140, or

(b)     there is nominally that insurance, but the insurer writing the same successfully denies coverage thereunder, or

(c)     there was that insurance, but the insurer who wrote the same is declared insolvent, or is in delinquency proceedings, suspension, or receivership, or is proven unable fully to respond to a judgment, and

(d)     there is no bond or deposit of cash or securities in lieu of the bodily injury and property damage liability insurance.

(e)     the owner of the motor vehicle has not qualified as a self-insurer in accordance with the applicable provisions of law.

A motor vehicle is considered uninsured if the owner or operator is unknown. However, recovery under the uninsured motorist provision is subject to the conditions set forth in this chapter.

Any motor vehicle owned by the State or any of its political subdivisions is considered an uninsured motor vehicle when the vehicle is operated by a person without proper authorization.

(14)(15)     'Underinsured motor vehicle' means a motor vehicle as to which there is bodily injury liability insurance or a bond applicable at the time of the accident in an amount of at least that specified in Section 38-77-140 and the amount of the insurance or bond is less than the amount of the insureds' damages."

SECTION     8.     The 1976 Code is amended by adding:

"Section 38-77-596.     (A)     The governing board of the South Carolina Reinsurance Facility annually shall develop and file private passenger automobile loss components and expense components which include provisions for profits and contingencies, which would combine for the final rate for automobile insurance coverages based on the total experience of all risks ceded to the facility which are actuarially sound and supported by statistical evidence. The governing board shall contract with independent actuarial services to develop the loss component. Due consideration must be given to actual loss experience within the facility for the most recent three-year period for which such information is available.

(B)     The loss component developed under this section is applicable to the risk and territorial classification plan adopted by the facility. Nothing in this section precludes the governing board of the facility from filing for approval, or the Director of the Department of Insurance from requiring the governing board to file for approval, variations in loss components and rates which are based upon differences in risk characteristics including, but not limited to, difference in driving records.

(c)     The governing board of the facility annually shall review the private passenger automobile loss components to determine if they are actuarially-sound and supported by the statistical evidence. If rate changes are required, the governing board shall submit appropriate filings for approval with the director. Facility rate increases on or after March 1, 1999, must be capped at an overall ten percent increase each year. This cap does not apply on an individual insured basis. These rate filings are subject to public hearing pursuant to applicable provisions of the Administrative Procedures Act."

SECTION     9.     Section 38-77-112 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:

"Section 38-77-112.     Notwithstanding Sections 38-77-110, 38-77-920, and Section 38-77-280, no automobile insurer is required to write coverage for automobile insurance as defined in Section 38-77-30 for any applicant or existing policyholder who does not at the time of application or renewal possess a valid South Carolina motor vehicle or special restricted driver's license. An insurer or an agent shall retain, for a period of three years, the driver's license numbers for all persons who have submitted an application for insurance but who were refused coverage and shall furnish such information upon the request of the Director of the Department of Insurance or his designee. This section does not apply to an individual who is handicapped and who owns a vehicle in this State but who does not have a valid driver's license. If an automobile is principally garaged and operated in this State, the owner of the vehicle must can be offered coverage thereon regardless of whether or not he possesses a valid South Carolina driver's license if he designates to the insurer who the principal operator of the vehicle will be and this person has a valid South Carolina driver's license or otherwise meets the requirements of this section. This requirement does not apply to personnel of the Armed Forces of the United States on active duty and officially stationed in this State who possess a valid motor vehicle driver's license issued by another state or territory of the United States or the District of Columbia. This requirement is waived ninety days for individuals who move into South Carolina with the intent of making South Carolina their place of residence if they possess a valid driver's license issued by another state or territory of the United States or the District of Columbia."

SECTION     10.     Section 38-77-120(a) of the 1976 Code, as last amended by Section 806 of Act 181 of 1993, is further amended to read:

"(a)     No cancellation or refusal to renew by an insurer of a policy of automobile insurance is effective unless the insurer delivers or mails, to the named insured at the address shown in the policy, a written notice of the cancellation or refusal to renew. This notice:

(1)     must be approved as to form by the director or his designee prior to before use;

(2)     shall must state the date not less than fifteen days after the date of the mailing or delivering on which the cancellation or refusal to renew becomes effective;

(3)     shall must state the specific reason or reasons of the insurer for cancellation or refusal to renew and provide for the notification required by subsection (B) of Section 38-77-390. However, those notification requirements must not apply when the policy is being canceled or not renewed for the reason set forth in Section 38-77-123(B),

(4)     must inform the insured of his right to request in writing within fifteen days of the receipt of notice that the director review the action of the insurer. The notice of cancellation or refusal to renew must contain the following statement to inform the insured of such right:

'IMPORTANT NOTICE

Within fifteen days of receiving this notice, you or your attorney may request in writing that the director review this action to determine whether the insurer has complied with South Carolina laws in canceling or nonrenewing your policy. If this insurer has failed to comply with the cancellation or nonrenewal laws, the director may require that your policy be reinstated. However, the director is prohibited from making underwriting judgments. If this insurer has complied with the cancellation or nonrenewal laws, the director does not have the authority to overturn this action.'

(5)     must inform the insured of the possible availability of other insurance which may be obtained through his agent, through another insurer, or through the Associated Auto Insurers Plan. It must also state that the Department of Insurance has available an automobile insurance buyer's guide regarding automobile insurance shopping and availability, and provide applicable mailing addresses and telephone numbers, including a toll-free number if available, for contacting the Department of Insurance.

Nothing in this subsection prohibits any insurer or agent from including in the notice of cancellation or refusal to renew, any additional disclosure statements required by state or federal laws, or any additional information relating to the availability of other insurance. The insurer must disclose in writing whether the insured is ceded to the facility."

SECTION     11.     The 1976 Code is amended by adding:

"Section 38-77-121.     (A)     Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle as defined in Section 38-77-30 must have the following statement printed on or attached to the first page of the application form, in boldface type: 'THE INSURER CAN CANCEL THIS POLICY FOR WHICH YOU ARE APPLYING WITHOUT CAUSE DURING THE FIRST 90 DAYS. THAT IS THE INSURER'S CHOICE. AFTER THE FIRST 90 DAYS, THE INSURER CAN ONLY CANCEL THIS POLICY FOR REASONS STATED IN THE POLICY.'

(B)     Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle defined in Section 38-77-30 that requires the insured to disclose information as to any previous cancellation or refusal to renew must also permit the insured to offer or provide a full explanation of the reason for the cancellation or refusal to renew.

(C)     The notice required by this section must accompany the initial declarations page in the event the applicant is not provided a written copy at the time of the application and the coverage has been bound by the insurer.

(D)     The insurer may cancel without cause at any time in the first ninety days during which the policy is in effect subject to Section 38-77-122.

This section does not apply to the renewal of any policy of insurance.

Section 38-77-122.     (A)     No insurer or agent shall refuse to issue an automobile insurance policy as defined in Section 38-77-30 because of any one or more of the following factors: the age, sex, location of residence in this State, race, color, creed, national origin, ancestry, marital status, or income level. No insurer or agent shall refuse to issue an automobile insurance policy as defined in Section 38-77-30 solely because of any one of the following factors: the previous refusal of automobile insurance by another insurer, prior purchase of insurance through the Associated Auto Insurers Plan, or lawful occupation, including the military service, of the person seeking the coverage. Nothing in this section prohibits any insurer from limiting the issuance of motor vehicle insurance policies only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect.

Nothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.

(B)     In determining the premium rates to be charged for an automobile insurance policy as defined in Section 38-77-30, it is unlawful to consider race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. Nor may an insurer, agent, or broker refuse to write or renew an automobile insurance policy as defined in Section 38-77-30 based upon age, sex, race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this subsection may preclude the use of a territorial plan approved by the director. Any insurer or agent who violates this section shall be subject to the penalties as provided in Section 38-2-10. If the Director of the Department of Insurance or his designee finds that an insurer or agent is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. Provided however, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department. The director or his designee at any time may examine an insurer or agent to enforce this section. The expense of examination must be paid by the insurer, agent, or broker.

Section 38-77-123.     (A)(1)     No insurer shall refuse to renew an automobile insurance policy because of any one or more of the following factors:

(a)     age;

(b)     sex;

(c)     location of residence in this State;

(d)     race;

(e)     color;

(f)     creed;

(g)     national origin;

(h)     ancestry;

(I)     marital status;

(j)     income level.

(2)     No insurer shall refuse to renew an automobile insurance policy solely because of any one of the following factors:

(a)     lawful occupation, including the military service;

(b)     lack of driving experience, or number of years of driving experience;

(c)     lack of supporting business or lack of the potential for acquiring such business;

(d)     one or more accidents or violations that occurred more than thirty-six months immediately preceding the upcoming anniversary date;

(e)     one or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence of contact;

(f)     single claim by a single insured submitted under the medical payments coverage or medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;

(g)     one or more claims submitted under the comprehensive or towing coverages. However, nothing in this section prohibits an insurer from modifying or refusing to renew the comprehensive or towing coverages at the time of renewal of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer mails or delivers to the insured at the address shown in the policy written, notice of the change in coverage at least thirty days before the renewal; or

(h)     two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator.

(3)     Nothing contained in subsection (A)(1)(f), (g), and (h) of this subsection prohibits an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data except that no insurer may set rates based in whole or in part on race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this subsection may preclude the use of a territorial plan approved by the director.

(B)     No insurer shall cancel a policy except for one or more of the following reasons:

(1)     The named insured or any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has had his driver's license suspended or revoked during the policy period or, if the policy is a renewal, during its policy period or the ninety days immediately preceding the last anniversary of the effective date.

(2)     The named insured fails to pay the premium for the policy or any installment of the premium, whether payable to the insurer or its agent either directly or indirectly under any premium finance plan or extension of credit.

(C)     There shall be no liability on the part of and no cause of action of any nature shall arise against the director or his designees; any insurer, its authorized representatives, its agents, or its employees; or any person furnishing to the insurer information as to reasons for cancellation or refusal to renew, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation or refusal to renew. For the purposes of this section, no insurer shall be required to furnish a notice of cancellation or refusal to renew to anyone other than the named insured, any person designated by the named insured, any other person to whom such notice is required to be given by the terms of the policy and the director.

(D)     Within fifteen days of receipt of the notice of cancellation or refusal to renew, any insured or his attorney shall be entitled to request in writing to the director that he review the action of the insurer in canceling or refusing to renew the policy of the insured. Upon receipt of the request, the director shall promptly begin a review to determine whether the insurer's cancellation or refusal to renew complies with the requirements of this section and of Section 38-77-120 if the notice was sent by mail. The policy must remain in full force and effect during the pendency of the review by the director except where the cancellation or refusal to renew is for the reason set forth in subitem (2) of subsection (B) of this section, in which case the policy terminates as of the effective date stated in the notice. Where the director finds from the review that the cancellation or refusal to renew has not complied with the requirements of this section or of Section 38-77-120, he shall immediately notify the insurer, the insured, and any other person to whom such notice was required to be given by the terms of the policy that the cancellation or refusal to renew is not effective. Nothing in this section authorizes the director to substitute his judgment as to underwriting for that of the insurer.

(E)     Each insurer shall maintain for at least three years, records of cancellation and refusal to renew and copies of every notice or statement referred to in Section 38-77-120 of this section that it sends to any of its insureds.

(F)     The provisions of this section do not apply to any insurer that limits the issuance of policies of motor vehicle liability insurance to one class or group of persons engaged in any one particular profession, trade, occupation, or business. Nothing in this section requires an insurer to renew a policy of automobile insurance if the insured does not conform to the occupational or membership requirements of an insurer who limits its writings to an occupation or membership of an organization. No insurer is required to renew a policy if the insured becomes a nonresident of South Carolina.

(G)     Any insurer who violates this section shall be subject to the penalties as provided in Section 38-2-10. If the Director of the Department of Insurance or his designee finds that an insurer, agent, or broker is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. Provided however, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department. The director or his designee at any time may examine an insurer, agent, or broker to enforce this section. . The expense of examination must be paid by the insurer, agent, or broker.

Section 38-77-124.     (A)     Notwithstanding the provisions of Sections 38-77-122 and 38-77-123, an insurer may refuse to issue or renew an automobile insurance policy as defined in Section 38-77-30 on the basis of location of residence where the insurer has filed with the director a territorial plan setting forth the precise geographic areas of the state in which it will issue or renew policies. This territorial plan may not limit issuances or renewals to areas at any level smaller than a county, except that an insurer may include in its territorial plan an area smaller than an county which is contiguous to a whole county contained within the territorial plan provided that the inclusion in the territorial plan of any such area at a level smaller than a county does not have the effect of excluding populations based upon any factors set out in Section 38-77-122(A) or Section 38-77-123(A)(1). The director must reject any territorial plan which violates the provisions of this section.

(B)     No insurer or agent shall refuse to issue or fail to renew a policy of motor vehicle liability insurance solely because of the age of the motor vehicle to be insured, provided the motor vehicle is licensed.

Section 38-77-126.     Insurers must disclose to the insured if the rate level is higher than the lowest rate level tier for that insurer or the group to which the insurer is a member. The insurer must provide in writing the reason for the higher tier.

Section 38-77-141.     No new policy or original premium notice of insurance covering liability arising out of the ownership, maintenance, or use of a motor vehicle may be issued or delivered unless it contains the following statement printed in boldface type, or unless the statement is attached to the front of or is enclosed with the policy or premium notice:

'IMPORTANT NOTICE

IN ADDITION TO THE INSURANCE COVERAGE REQUIRED BY LAW TO PROTECT YOU AGAINST A LOSS CAUSED BY AN UNINSURED MOTORIST, IF YOU HAVE PURCHASED LIABILITY INSURANCE COVERAGE THAT IS HIGHER THAN THAT REQUIRED BY LAW TO PROTECT YOU AGAINST LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF THE MOTOR VEHICLES COVERED BY THIS POLICY, AND YOU HAVE NOT ALREADY PURCHASED UNINSURED MOTORIST INSURANCE COVERAGE EQUAL TO YOUR LIABILITY INSURANCE COVERAGE:

(1)     YOUR UNINSURED AND UNDERINSURED MOTORIST INSURANCE COVERAGE HAS INCREASED TO THE LIMITS OF YOUR LIABILITY COVERAGE AND THIS INCREASE WILL COST YOU AN EXTRA PREMIUM CHARGE; AND

(2)     YOUR TOTAL PREMIUM CHARGE FOR YOUR MOTOR VEHICLE INSURANCE COVERAGE WILL INCREASE IF YOU DO NOT NOTIFY YOUR AGENT OR INSURER OF YOUR DESIRE TO REDUCE COVERAGE WITHIN TWENTY DAYS OF THE MAILING OF THE POLICY OR THE PREMIUM NOTICE, AS THE CASE MAY BE;

(3)     IF THIS IS A NEW POLICY AND YOU HAVE ALREADY SIGNED A WRITTEN REJECTION OF SUCH HIGHER LIMITS IN CONNECTION WITH IT, PARAGRAPHS (1) AND (2) OF THIS NOTICE DO NOT APPLY.'

After twenty days, the insurer is relieved of the obligation imposed by this subsection to attach or imprint the foregoing statement to any subsequently delivered renewal policy, extension certificate, other written statement of coverage continuance, or to any subsequently mailed premium notice.

Section 38-77-142.     (A)     No policy or contract of bodily injury or property damage liability insurance covering liability arising from the ownership, maintenance, or use of a motor vehicle may be issued or delivered in this State to the owner of the vehicle or may be issued or delivered by an insurer licensed in this State upon a motor vehicle that is principally garaged, docked, or used in this State unless the policy contains a provision insuring the named insured and any other person using or responsible for the use of the motor vehicle with the expressed or implied consent of the named insured against liability for death or injury sustained or loss or damage incurred within the coverage of the policy or contract as a result of negligence in the operation or use of the vehicle by the named insured or by any such person. Each policy or contract of liability insurance, or endorsement to the policy or contract, insuring private passenger automobiles principally garaged, docked, or used in this State, that has as the named insured an individual or husband and wife who are residents of the same household and that includes, with respect to any liability insurance provided by the policy, contract, or endorsement for use of a nonowner automobile a provision requiring permission or consent of the owner of the automobile for the insurance to apply.

(B)     No policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle may be issued or delivered in this State to the owner of a vehicle or may be issued or delivered by an insurer licensed in this State upon a motor vehicle principally garaged or used in this State without an endorsement or provision insuring the named insured, and any other person using or responsible for the use of the motor vehicle with the expressed or implied consent of the named insured, against liability for death or injury sustained, or loss or damage incurred within the coverage of the policy or contract as a result of negligence in the operation or use of the motor vehicle by the named insured or by any other person. If an insurer has actual notice of a motion for judgment or complaint having been served on an insured, the mere failure of the insured to turn the motion or complaint over to the insurer may not be a defense to the insurer, nor void the endorsement or provision, nor in any way relieve the insurer of its obligations to the insured, provided the insured otherwise cooperates and in no way prejudices the insurer.

Where the insurer has elected to provide a defense to its insured under such circumstances and files responsive pleadings in the name of its insured, the insured is not subject to sanctions for failure to comply with discovery pursuant to the South Carolina Rules of Civil Procedure unless it can be shown that the suit papers actually reached the insured, and that the insurer has failed after exercising due diligence to locate its insured, and as long as the insurer provides such information in response to discovery as it can without the assistance of the insured.

(c)     Any endorsement, provision, or rider attached to or included in any policy of insurance which purports or seeks to limit or reduce the coverage afforded by the provisions required by this section is void.

Section 38-77-143.     A policy or contract of insurance relating to the maintenance, selling, repairing, servicing, storing, or parking of motor vehicles shall be primary.

Section 38-77-151.     All funds collected by the Director of the Department of Public Safety under the provisions of Chapter 10 of Title 56 must be placed on deposit with the State Treasurer and held in a special fund to be known as the 'Uninsured Motorists Fund' to be disbursed as provided by law. Interest earned by the 'Uninsured Motorists Fund' must be retained by that fund. The Director of the Department of Insurance, as provided in Sections 38-77-154 and 38-77-155, may expend such funds, for the administration of this chapter; provided, however, that the Department of Insurance shall retain ten percent of the Uninsured Motorists Fund to be used by the Department of Insurance to enforce the provisions of Title 38, including Sections 38-77-112, 38-77-122, and 38-77-123, to publish for consumers an automobile insurance buyer's guide, a brochure comparing automobile insurance premiums, and to provide for a public awareness campaign.

Section 38-77-154.     The Uninsured Motorists Fund shall be under the supervision and control of the Department of Insurance. Payments from the Uninsured Motorists Fund shall be made on warrants of the Comptroller General issued on vouchers signed by a person designated by the director. The purpose of the Uninsured Motorists Fund is to reduce the cost of the insurance required by Section 38-77-150 and to protect and educate consumers as provided by Section 38-77-151.

Section 38-77-155.     The director shall distribute monies annually from the Uninsured Motorists Fund among the several insurers writing motor vehicle bodily injury and property damage liability insurance on motor vehicles registered in this State. Monies must be distributed in the proportion that each insurer's premium income for the basic uninsured motorists limits coverage bears to the total premium income for basic uninsured motorists limits coverage written in this State during the preceding year. Premium income must be gross premiums less cancellation and return premiums for coverage required by Section 38-77-150. Only insurers that maintain records satisfactory to the director shall receive any payment from the Uninsured Motorists Fund. Records must be considered satisfactory if they adequately disclose the loss experience for the coverage."

SECTION     12.     Section 38-77-140 of the 1976 Code is amended to read:

"Section 38-77-140.     No automobile insurance policy may be issued or delivered in this State to the owner of a motor vehicle or may be issued or delivered by an insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows: fifteen thousand dollars because of bodily injury to one person in any one accident, and, subject to the limit for one person, thirty thousand dollars because of bodily injury to two or more persons in any one accident, and five ten thousand dollars because of injury to or destruction of property of others in any one accident. Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."

SECTION     13.     Section 38-77-150 of the 1976 Code, as last amended by Section 807 of Act 181 of 1993, is further amended to read:

"Section 38-77-150.     (A)     No automobile insurance policy or contract may be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision, undertaking to pay the insured all sums which he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits which may be no less than the requirements of Section 38-77-140. The uninsured motorist provision must also provide for no less than five ten thousand dollars' coverage for injury to or destruction of the property of the insured in any one accident but may provide an exclusion of the first two hundred dollars of the loss or damage. The director or his designee may prescribe the form to be used in providing uninsured motorist coverage and when prescribed and promulgated no other form may be used.

(B)     No action may be brought under the uninsured motorist provision unless copies of the pleadings in the action establishing liability are served in the manner provided by law upon the insurer writing the uninsured motorist provision. The insurer has the right to appear and defend in the name of the uninsured motorist in any action which may affect its liability and has thirty days after service of process on it in which to appear. The evidence of service upon the insurer may not be made a part of the record.

(c)     Benefits paid pursuant to this section are subject to subrogation and assignment if an uninsured motorist has selected the option to be uninsured by paying the fee pursuant to Section 56-10-510."

SECTION     14.     Section 38-77-280 of the 1976 Code, as last amended by Act 326 of 1996, is further amended to read:

"Section 38-77-280.     (A)     All automobile insurers, including those insurance companies writing private passenger physical damage coverages only, Any automobile insurer may, at their its own election, make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage at such rates and under such rules as have been approved by the director. Automobile insurers contracted pursuant to Section 38-77-590 for risks written by them through producers assigned by the facility governing board pursuant to that section may make available collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage. Notwithstanding Section 38-77-590(g), a designated producer may have one or more voluntary outlets for automobile physical damage.

(B)     Any automobile physical damage insurance coverage deductible or policy deductible does not apply to automobile safety glass.

(c)     Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in the uniform merit rating plan which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.

(D)     No policy of insurance which provides automobile physical damage coverage only may be ceded to the facility.

(E)     Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are filed with the department and approved by the director or his designee. Notwithstanding Section 38-77-111, automobile physical damage insurance coverage may be ceded to the facility. However, automobile physical damage coverages ceded to the facility by an insurer or servicing carrier must be at the facility physical damage rate as defined in Section 38-77-30.

(F)(D)     In determining the premium rates to be charged on physical damage coverage or single interest collision coverage, it is unlawful to consider race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. Nor may an insurer, agent, or broker refuse to write or renew physical damage insurance coverage or single interest collision coverage based upon race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this subsection may preclude the use of a territorial plan approved by the director. If the Director of the Department of Insurance or the director's designee finds that an insurer, agent, or broker is participating in a pattern of unfair discrimination, the director or the director's designee may impose a fine of up to two hundred thousand dollars. The director or the director's designee at any time may examine an insurer, agent, or broker to enforce this section. The expense of examination must be paid by the insurer, agent, or broker."

SECTION     15.     Section 38-77-350(c) of the 1976 Code, as last amended by Act 496 of 1994, is further amended to read:

"(C)     An automobile insurer is not required to make a new offer of coverage on any automobile insurance policy which renews, extends, changes, supersedes, or replaces an existing policy. However, the first renewal notices for existing policies after December 1, 1989, must include the form provided in subsection (A). A policy of automobile insurance offered or issued by a new servicing carrier for the South Carolina Reinsurance Facility to replace a 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."

SECTION     16.     The 1976 Code is amended by adding:

"Section 38-77-370.     (A)     If an individual, after proper identification, submits a written request to an insurance-support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably able to be located and retrieved by the insurance-support organization, the insurance-support organization, within thirty business days from the date the request is received shall:

(1)     inform the individual of the nature and substance of the recorded personal information in writing, by telephone, or by other oral communication, whichever the insurance-support organization prefers;

(2)     permit the individual to see and obtain a copy of the recorded personal information pertaining to him or to obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in coded form, in which case an accurate translation in plain language must be provided in writing;

(3)     disclose to the individual the identity, if recorded, of those persons to whom the insurance-support organization has disclosed the personal information within two years before the request, and if the identity is not recorded, the names of those insurance-support organizations or other persons to whom the information is disclosed normally; and

(4)     provide the individual with a summary of the procedures by which he may request correction, amendment, or deletion of recorded personal information.

(B)     Any personal information provided pursuant to subsection (A) of this section must identify the source of the information if it is an institutional source.

(c)     Medical record information supplied by a medical care institution or medical professional and requested under subsection (A) of this section, together with the identity of the medical professional or medical care institution that provided the information, must be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurer, agent, or insurance-support organization prefers. If it elects to disclose the information to a medical professional designated by the individual, the insurer, agent, or insurance-support organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional.

(D)     Except for personal information provided under this Section, an insurer, agent, or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals.

(E)     The obligations imposed by this section upon an insurer or agent may be satisfied by another insurer or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection (A) of this section, an insurer, agent, or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.

(F)     The rights granted to individuals in this section must extend to all natural persons to the extent information about them is collected and maintained by an insurer, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection must not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.

(G)     For purposes of this section, 'insurance-support organization' does not include 'consumer reporting agency'.

Section 38-77-390.     (A)     In the event of a cancellation or nonrenewal, including those that involve policies referred to in Section 38-77-120, the insurer or agent responsible for the cancellation or nonrenewal shall give a written notice in a form approved by the director that:

(1)     either provides the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the cancellation or nonrenewal in writing or advises the person that upon written request he may receive the specific reason or reasons in writing; and

(2)     provides the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection (B) of this section and Section 38-77-380.

(B)     Upon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of a cancellation or nonrenewal to an applicant, policyholder, or individual proposed for coverage, the insurer or agent shall furnish to the person within twenty-one business days from the date of receipt of the written request:

(1)     the specific reason or reasons for the cancellation or nonrenewal in writing, if that information was not furnished initially in writing pursuant to subsection (A)(1);

(2)     the specific items of personal and privileged information that support those reasons; however:

(a)     the insurer or agent shall not be required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the director, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and

(b)     specific items of medical-record information supplied by a medical-care institution or medical professional must be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurer or agent prefers; and

(3)     the names and addresses of the institutional sources that supplied the specific items of information given pursuant to subsection (B)(2) of this section. However, the identity of any medical professional or medical-care institution must be disclosed either directly to the individual or to the designated medical professional, whichever the insurer or agent prefers.

(c)     The obligations imposed by this section upon an insurer or agent may be satisfied by another insurer or agent authorized to act on its behalf. However, the insurer or agent making the cancellation or nonrenewal shall remain responsible for compliance with the obligations imposed by this section.

(D)     When a cancellation or nonrenewal results solely from an insured's oral request or inquiry, the explanation of reasons and summary of rights required by subsection (A) of this section may be given orally."

SECTION     17.     Section 38-77-530 of the 1976 Code, as last amended by Section 818 of Act 181 of 1993, is further amended to read:

"Section 38-77-530.     The plan of operation of the facility is subject to the approval of the director or his designee which may be granted only if the plan provides for equitable apportionment of the operating expenses and profits or losses among the members. The plan may, if the director or his designee considers it feasible and equitable, make provision for separate apportionments between private passenger automobile insurance business and commercial automobile insurance business, or, alternatively or in addition to that division, the plan may make provision for separate apportionments between automobile liability insurance business, including medical payments and uninsured motorist insurance, and automobile physical damage insurance business. Any such apportionments shall must give consideration to a comparison between the writings or car-year exposures of each insurer of automobile insurance and the total writings or car-year exposures of all automobile insurers or, in the case of any separate apportionments approved by the director or his designee, a comparison between the writings or car-year exposures of each insurer within the applicable category of automobile insurance and the writings or car-year exposures of all insurers within that category.

In connection with his approval of the plan, the director or his designee may require that the plan make provision for such comparisons for a one-year period or for a longer period not to exceed five years and may provide for weighing the experience so as to attach a greater weight to the more recent experience.

In connection with the approval of the plan's provisions respecting equitable apportionment of the operating expenses or gains or losses of the facility, the director or his designee may require that the plan make provision for a comparison between each insurer's percentage of the aggregate written premiums or car-year exposures respecting automobile insurance or any such category thereof and the insurer's percentage of total cessions to the facility of such insurance or category thereof so as to provide that the insurer's portion of the operating expenses or gains or losses must be the average of the two percentages; or the director or his designee may approve or require any other similar or comparable provision for the apportionment of the expenses or gains or losses of the facility which relates insurers' shares to their respective utilization of the facility.

The plan of operation, provided that insurers writing liability and physical damage coverages, including nonowners coverage, in the State of South Carolina, must commence recoupment of facility assessments by way of a surcharge on liability insurance coverage on private passenger and commercial automobile business issued by a member or through the facility. Such surcharge must be a percentage of the premium adopted by the governing board of the facility; however, for the period beginning on March 1, 1999 and ending on February 28, 2002, the amount of the percentage of premium surcharge for the recoupment of facility assessments adopted by such board cannot exceed ten percent of the liability insurance coverage premium per insured motor vehicle or risk annually for all insureds or policyholders. Beginning on March 1, 2002, and continuing thereafter, every insured or policyholder who does not have any insurance merit rating points pursuant to the Uniform Merit Rating Plan in effect upon the effective date of this act must not be surcharged for the recoupment of any facility assessments or losses; therefore, a clean or nonpointed risk shall no longer pay any form of recoupment seeking to recoup facility losses. Any surcharge as provided above during the period of March 1, 1999 through February 28, 2002 must be displayed as a part of the applicable premium charge for liability insurance coverage. However, beginning on March 1, 2002, every insured or policyholder who does have insurance merit rating points pursuant to the Uniform Merit Rating Plan in effect upon the effective date of this act shall be surcharged for the recoupment of any facility assessments or losses; therefore, these pointed risks shall be the only persons in the State of South Carolina who shall pay any recoupment fee for facility losses or assessments remaining in the facility on March 1, 2002, or any losses accruing in the facility after March 1, 2002. Furthermore, the Director of the Department of Insurance shall promulgate a plan by regulation to recoup any losses remaining in the facility on March 1, 2002, or any losses accruing after March 1, 2002, only from those insureds or policyholders having insurance merit rating points as provided above. This plan shall include, but is not limited to, a schedule of recoupment and method of surcharge method whether a fixed fee, a percentage basis, or otherwise consider appropriate by the director.

No insurer may include directly or indirectly in premiums any charges or surcharges for the recoupment of facility assessments or losses other than as authorized herein. If the Director of the Department of Insurance, or his designee, determines that an insurer has violated this prohibition, the director or his designee may impose the penalties against the insurer as provided law. Upon the final recoupment of facility losses when the South Carolina Reinsurance Facility ceases to exist, no insurance carrier offering automobile insurance coverage in the State shall include any surcharge for the recoupment of facility assessments or losses as any portion of the premium charged for automobile insurance coverage and these insurance carriers must remove this surcharge at the next policy renewal thereby reducing automobile insurance premiums in the amount of the surcharge percentage of premium.

(1)     Any recoupment charge paid by policyholders must be considered premium for the purpose of calculating premium taxes and commissions and is subject to normal policy cancellation procedures.

(2)     Any net operating gains resulting from the operation of the facility must be retained by the facility, and the gains and any investment income derived from the gains must be used to offset future operating losses.

(3)     The total funds recouped by all insurers less commission and premium tax expenses and time value of money considerations must be paid to the Reinsurance Facility in accordance with the plan of operation. The governing board shall redistribute the funds to the insurers based upon each insurer's share of the Reinsurance Facility losses. Recoupment must be used solely for the purpose of recovering past facility operating deficits. The plan of operation must provide that the amount ultimately received by an individual company is not more than the company's share of the Reinsurance Facility losses, plus the time value of money.

(4)     The Reinsurance Facility shall convert to the percentage-of-premium basis of recoupment by March 1, 1999.

(5)     Servicing carrier contracts for business written by designated producers may, at the carrier's option, be extended to March 1, 2002, upon the same terms and conditions as their current contracts."

SECTION     18.     Section 38-77-590 of the 1976 Code, as last amended by Sections 821-825 of Act 181 of 1993, is further amended to read:

"Section 38-77-590.     (a)     Not more than six months after July 9, 1974, or at an earlier time as the director or his designee considers necessary by reason of complaints regarding want of access to automobile insurance in particular areas or want of outlets for producers, the director or his designee shall survey the various areas of the State to ascertain if sufficient marketing outlets exist in all areas or are available to all producers. Upon a finding by the director or his designee that insufficient marketing outlets exist in particular areas or that certain producers have been deprived of a market for risks previously serviced by them, the director or his designee may, after consultation with the facility, designate one or more insurers to service the areas through agents appointed by them or may designate the producers as the agents of any insurer. The arrangements shall must include provision for one hundred percent quota share reinsurance through the facility of any automobile insurance policy marketed through the arrangements, at the option of the insurer, and the reinsurance is not subject to the statutory provisions or regulations regarding excessive utilization of the facility.

(b)     After the effective date of this section, those producers previously designated by the director or his designee may continue to serve in that capacity under the jurisdiction and control of the governing board of the facility, except that any change in the rate of commissions allowed designated producers is subject to the approval of the director or his designee.

(c)     A producer may be designated by the governing board of the facility upon application for designation and is eligible for designation upon a finding by the governing board that the applicant meets the following qualifications:

(1)     The applicant has been, for ten continuous years, a licensed resident property and casualty insurance agent and agency owner or principal with authority from one or more licensed insurers to write liability and physical damage insurance on private passenger automobiles;

(2)     At the time of application the applicant is servicing and owns the renewals on private passenger and commercial automobile insurance business, the net premiums on which exceeded seventy-five thousand dollars of potential cedeable automobile insurance during any one of the previous five calendar years preceding the application;

(3)     Neither the applicant, nor any employee of the applicant or the applicant's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, has any direct or indirect connection with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State except for motorcycle insurance and types not cedeable to the facility;

(4)     The applicant has not contributed to his termination as agent by any insurer because of any illegal breach of agency agreement or other related, improper, or unethical conduct; and

(5)     The books, records, and accounts of the insurance business of the applicant have been audited at the expense of the applicant and found by the governing board to be indicative of a financially sound operation.

(d)     Prior to Before designation as a producer, the applicant shall furnish at his expense a bond in an amount of not less than fifty thousand dollars for the faithful performance of the duties as a producer, executed by the applicant as principal and a corporate surety licensed to do business in this State as surety, and shall also have effective errors and omissions insurance by an insurer licensed to do business in this State, with the bond and errors and omissions insurance being subject to approval by the governing board.

(e)     The governing board shall assign a specific location to each producer designated. The governing board shall determine from the director or his designee the locations assigned by him to those producers whom the director or his designee has designated. Designated producers may not open or maintain any other locations without the written authorization of the governing board; provided, however, that an applicant maintaining multiple offices on June 4, 1987, is entitled to maintain two locations as a designated agent which he owned and operated at that time and through which premiums in at least the amount of seventy-five thousand dollars were written. The governing board shall terminate the designation, and the director or his designee shall revoke all agents' licenses of any producer who does not comply with this requirement upon demand by the governing board. Upon termination, the producer's expirations on designated business become the property of the facility.

(f)     The designation of a producer by the director or his designee or the governing board is transferable to a spouse, child, parent, brother, or sister of the producer upon the designated producer's retirement, incapacity, or death. The duties of a designated producer may be performed by one or more qualified employees of the producer or the producer's corporate agency.

(g)     Neither a designated producer, nor any employee of a designated producer or the producer's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, may have any direct or indirect connection with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State except for motorcycle insurance and types not cedeable to the facility. The governing board shall terminate the designation of any producer, and the director or his designee shall revoke all licenses of the producer and of any other insurance agent and premium service company knowingly involved in this connection. Upon termination, the producer's expirations on designated business become the property of the facility.

(h)     A designated carrier who fails a claims audit shall have no new designated producer assignments until the time it passes a re-audit within a reasonable time prescribed by the governing board. If this carrier fails two claims audits, including a re-audit, within any three-year period that carrier is disqualified for renewal of its contract with the facility upon expiration of its existing contract.

A producer designated under this section may not write new private passenger and commercial automobile insurance business to be placed in the facility after March 1, 1999. A policy with an effective date after March 1, 2002 shall not be accepted by the facility."

SECTION     19.     Section 38-77-595 of the 1976 Code, as added by Act 524 of 1990, is amended by adding:

"A producer designated under this section may not write new private passenger and commercial automobile insurance business to be placed in the facility after March 1, 1999. A policy with an effective date after March 1, 2002 shall not be accepted by the facility."

SECTION     20(A).     Title 38 of the 1976 Code is amended by adding:

"CHAPTER 91
Joint Underwriting Association for
Private Passenger and Commerce Automobile Insurance

Section 38-91-10.     (A)     The purposes of this chapter are to:

(1)     promote the public welfare by establishing a mechanism to provide automobile insurance to those required to have such insurance,

(2)     to provide controls over such mechanism in order to lower expenses and prevent abuses,

(3)     to provide for competitive bidding of servicing carriers,

(4)     to provide controls over the application process to prevent fraud and inaccuracies as well as other improper practices.

(B)     The provisions of this chapter must cease to be of any force or effect after February 28, 2003. In other words, the joint underwriting association cannot accept any business after February 28, 2003. However, any policy currently issued by or written through the joint underwriting association, pursuant to this chapter, on February 28, 2003 shall continue to be a valid contract of insurance until the end of the policy period unless canceled by the insurer or insured. Furthermore, the Director of the Department of Insurance may promulgate regulations which he deems necessary to implement this transition, including but not limited to the termination of the joint underwriting association and its wind-up period.

Section 38-91-30.     As used in this Chapter:

(a)     "association" means the joint underwriting association established pursuant to the provisions of this act.

(b)     "automobile insurance" means direct insurance against injury or damage arising out of the ownership, operation, maintenance or use of motor vehicles, or insurance against loss for damage to motor vehicles. Private passenger automobile insurance and commercial automobile insurance are two distinct kinds of automobile insurance.

(c)     "director" means the Director of the Department of Insurance.

(d)     "plan of operation" means the plan of operation approved pursuant to the provisions of this act or ordered by the director.

(e)     "qualified applicant" means (1) a resident of this state who owns a motor vehicle registered in this state or has a valid driver's license or is required to file proof of financial responsibility in order to register his motor vehicle or obtain a driver's license, or (2) a non-resident of this state who owns a vehicle registered or principally garaged in this state; provided, however, that no one shall be a qualified applicant if he has any unpaid premium due for prior automobile insurance or if any person who usually drives the motor vehicle to be insured does not hold or is not eligible to obtain a driver's license under suspension.

(f)     "residual market mechanism" means a means of providing a market for insureds in South Carolina were the voluntary market is inadequate.

Section 38-91-110.     (a)     A joint underwriting association, hereinafter referred to as the "Associated Auto Insurers Plan", is hereby created consisting of all insurers authorized to write and engaged in writing automobile insurance within this state. Each insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact such insurance in this state.

(b)     The purpose of the association shall be to guarantee that automobile insurance will be available to any qualified applicant who is unable to procure such insurance through ordinary methods while preserving to the public the benefits of competition among financially sound automobile insurers by encouraging maximum use of the normal private insurance system.

(c)     Pursuant to the provisions of this act and its plan of operation is empowered on behalf of its members:

(1)     To issue automobile insurance policies to qualified applicants or to arrange for the issuance of such policies through members of the association;

(2)     To establish procedures for the sharing among the members of profit or loss on association business and other costs, charges, expenses, liabilities, income, property and other assets of the association. The assessment of members for their appropriate shares may be based on the member's premium volume or exposure units for business other than association business or on a combination of such bases or on any other equitable basis with allowances for incentive programs for insurers to write in the voluntary market business written in the association. Allowances may be provided for existing debits and credits under any automobile insurance plans replaced or terminated as a result of this legislation;

(3)     To reinsure association business;

(4)     To establish the compensation to be paid to any licensed resident insurance agent or broker;

(5)     To join , advise, assist, associate, cooperate and contract with its members and with such organizations , associations, insurers, governmental agencies and others as may be necessary or proper to accomplish the purpose of the association;

(6)     To sue and be sued in the name of the association. No judgement against the association shall create any direct liability in the individual participating members thereof;

(7)     To do anything not specifically enumerated above or related thereto which is otherwise necessary or proper to accomplish the purpose of the association.

Section 38-91-130.     (a)     Within ninety days after the effective date of this act, the director or his designee shall call the first, or organizational meeting, of the association and seat an Advisory Board (hereinafter referred to as the board).

The initial board shall consist of three individuals who are licensed agents or brokers and four consumer representatives to be appointed by the director or his designee, four association members, the Consumer Advocate or his designee, the Director of Public Safety or his designee, and one member from the Department of Insurance. The representative from the Department of Insurance will be a non-voting board member. Association members will be chosen as follows:

One insurer which is a member of and selected by the American Insurance Association;

    One insurer which is a member of and selected by the Alliance of American Insurers

One insurer which is a member of and selected by the National Association of Independent Insurers;

One insurer which is not affiliated with the forgoing organizations and which is elected by such nonaffiliated insurers voting in person or by proxy.

One insurer which is a domestic appointed by the director regardless of affiliation.

The terms of office for the initial and subsequent members of the board shall be as provided in the plan of operation. Such plan shall provide for the appointment by the director of three individual s who are licensed as agents or brokers in this state. The board shall elect a chairperson who is not an insurer representative.

No more than one representative of a domestic insurer may serve on the board at any one time. No insurer may serve on the board if such insurer is a servicing carrier for the association or is a member of a group of insurers which has one insurer as a servicing carrier unless the carrier or group of carriers participates in the voluntary automobile market with a level at least twice the premium level for the Associated Auto Insurers Plan. If a servicing contract is awarded mid-term, then the affected representative must resign at next board meeting.

(b)     Within sixty days after the organizational meeting, the board shall file with the director or his designee for his approval, a proposed plan of operation, consistent with the provisions of this act, which shall provide for the prompt and efficient provision of automobile insurance to qualified applicants unable to procure such insurance through ordinary methods. Distinct and separate plans may be filed for private passenger automobile insurance and commercial automobile insurance. The Plan(s) of operation shall provide for, among other matters, preliminary assessments of members for initial expenses to commence operations, establishment of necessary facilities, the operation of the association, assessments of members to defray losses and expenses, compensation to licensed agents or brokers, eligibility requirements, the coverages and amounts of insurance to be provided and premium payment plans. The plan(s) of operation must be approved by the department as evidenced by a returned copy stamped approved by the department. The plan(s) of operation must include a provision that all meetings of the board will be held in Columbia unless approval is given by the director. Approval must consist of request stamped approved by the department.

(c)     If the director or his designee shall disapprove all or any part of the proposed plan of operation, he shall do so in writing, specifying in what respect the plan of operation fails to meet the requirements of this act. Unless the board takes other appropriate legal action to contest the disapproval, it shall within thirty days thereafter file for his review an appropriately revised plan of operation.

(d)     If, after a hearing , the director or his designee finds that any activity or practice of insurers participating in the association or any other residual market mechanism is unfair, unreasonable, or otherwise inconsistent with the provisions of this title, the director or his designee must issue a written order specifying in what respects such activity or practice is unfair, unreasonable, or otherwise inconsistent with the provisions of this title and require the discontinuance of such activity or practice. The director or his designee may establish a residual market mechanism by written order if the director or his designee finds that the existing residual market mechanism is unfair, unreasonable, or inconsistent with the provisions of this chapter.

(e)     Any revision of the proposed plan of operation or any subsequent amendments to an approved plan of operation shall be subject to the provisions in subsection (c) relating to the initial plan of operation.

(f)     If no plan of operation is submitted to the director or his designee within sixty days after the organizational meeting, the director or his designee shall, after consulting with the representatives of the industry, prepare and promulgate a plan of operation in accordance with the requirements of this act which shall continue in force until superseded by a plan of operation effective in accordance with subsections (b) and (c).

Section 38-91-210.     (a)     Any qualified applicant shall, on or after the effective date of the plan of operation, be entitled to apply for coverage through the association. The application may be made on his behalf by any licensed resident agent or broker authorized by him. Every licensed resident agent or broker shall offer to place insurance through the association for any qualified applicant for whom he is unable to procure such insurance thought he markets available to him. Coverage limits may be provided up to $250,000 per person and $500,000 per accident for bodily injury, $100,000 property damage or a combined single limit of $500,000 and fire, theft, comprehensive and collision coverage. In order to place the insurance of the applicant through the association, the agent or broker on the application must show (I)that the applicant has been refused automobile insurance coverage by at least one insurer, agent, or broker, and (ii) the reasons for refusal. The applicant must by his signature acknowledge this showing.

(b)     The Director of the Department of Insurance or his designee may review each application and provide such application to other qualified insurers. The director or his designee may assign the applicant to any qualified insurer other than the association willing to accept such coverage in the voluntary market. The agent who placed such applicant in the association for automobile insurance coverage shall not receive any commission from this insurance policy or applicant upon placement by the director or his designee of this applicant voluntary market; provided, however, any commission received or paid on the sale of this policy for such applicant must be refunded.

(c)     If the director or his designee determines that any agent or broker has placed ten percent or more of his applications with the association and if the director or his designee further determines that the agent improperly assigned applicants insurable through regular underwriting in the voluntary market to the association, then the director or his designee shall assess any one of, a combination thereof, or all, of the following penalties against the agent or broker: (I) a fine up to five thousand dollars per violation; (ii) suspension of that agent's or broker's right to place coverages with the association, or his binding authority, for a specified period of time; or (iii) suspension or revocation of the agent's or broker's license to offer automobile insurance in the state. In his review of the agent's or broker's residual market business, the director or his designee may considered whether the insurer, agent, or broker is participating in a pattern of unfair discrimination as provided in Section 38-77-122 and Section 38-77-123.

(d)     If the association determines that the applicant is a qualified applicant eligible under the plan of operation, then the association, upon receipt of the premium, or such portion thereof as is prescribed in the plan of operation, shall issue or cause to be issued a policy of automobile insurance and policy periods as are available under the plan of operation as may be requested.

If the director or his designee finds, after a hearing, with respect to any specified geographical area in the state, that a large number of persons are failing to gain the benefits of the association because they do not have the services of an agent or broker, the association shall provide service to assist the public in applying to the association for insurance.

(e)     The Association shall monitor applications submitted to the association in order too ascertain if applications are correct, complete and reflect that actual risk of the insured. The Association shall select a sub-committee of three board members who will review applications. The sub-committee may develop and enforce requirements on applications and if requirements are not met by agents submitting applications, shall suspend the ability of that agent to bind applications for thirty days as well as prescribe audit fees to be applied to applications from particular agents. In the event of three suspensions for a particular agent in any five year period, the ability of that agent to bind applications shall be suspended for three years. In the event of four suspensions for agents in a particular agency in any five year period, the ability of that agency to bind applications shall be suspended for three years. Appeals of the sub-committee shall be made to the full board and then the director or his designee.

The Association shall monitor agents to ensure that insureds are nor forced to purchase other insurance coverages in order for the agent to submit the application to the association. The Association or the Director of the Department of Insurance may require agents to disclose all policies written in conjunction with a policy through the association.

Section 38-91-220.     (a)     The classifications, rules, rating plans and policy forms proposed for use for automobile insurance issued by or through the association may be made by the association or by any licensed rating organization and shall be filed with the director or his designee. Such filings may incorporate by reference any other material on file with the director.

(b)     The classifications, rules, rates, rating plans and policy forms proposed for use for automobile insurance issued by or through the association shall be subject to appropriate statutes concerning approval of filings including Section 38-73-910. The association and every member shall be required to use the classifications, rules, rates, rating plans and policy forms so approved for automobile insurance issued by or through the association for business written through the association.

(c)     The rates used for the Associated Auto Insurers Plan must be actuarially sound, self-supporting and provide adequate premiums to pay losses and expenses associated with the Associated Auto Insurers Plan. Any deficits incurred by the plan should be recovered prospectively by rate changes for the Associated Auto Insurers Plan.

Section 38-91-230.     (A)     Effective March 1, 1999, the association shall file private passenger automobile loss components for automobile insurance coverages based on the total experience of all risks ceded to the South Carolina Reinsurance Facility which are actuarially sound and supported by statistical evidence. The Association shall contract with independent actuarial services to develop such loss component. Due consideration must be given to actual loss experience within the reinsurance facility for the most recent three-year period for which such information is available. The loss component developed under this section is applicable to the risk and territorial classification plan adopted by the association.

(B)     In the initial year of operation, the expense component use to develop the final rate or premium charge when combined with the loss component filed in subsection (A) shall be that expense component filed in accordance with Section 38-73-1420 by the governing board of the Reinsurance Facility.

(c)     After the initial year of operation, rates, rating plans, and rating rules must be based upon the Underwriting Association's loss and expense experience and investment income. The resultant final rate or premium charges must be on an actuarially sound basis and must be calculated to be self-supporting.

Section 38-91-310.     The board shall have all power to direct the operation of the association, except as may be specifically delegated to others or reserved to the members in the plan of operation and may delegate ministerial duties, hire a manager and contract for goods and services from others.

Section 38-91-320.     The association shall file in the office of the department annually, by March first, a statement which contains information with respect to its transactions, condition, operations, and affairs during the preceding year. The statement shall contain such matters and information as are prescribed by the director or his designee and must be in the form he directs. The director or his designee may, at any reasonable time, require the association to furnish additional information with respect to its transactions, condition, or any matter connected therewith considered to be material and of assistance in evaluating the scope, operation, and experience of the association.

Section 38-91-330.     The director or his designee shall make an examination into the financial condition and affairs of the association at least annually and shall file a report thereon with the department, the Governor, and the General Assembly. The expenses of the examination must be paid by the association.

Section 38-91-340.     The servicing carriers for the association may be competitively bid as provided for in this subsection. Separate bidding processes may be done for private passenger and commercial automobile insurance. If the carriers are competitively bid, then the director or his designee must appoint a committee or committees of individuals as he considers qualified to establish standards and procedures for the consideration and evaluation of bids. The committee must include incentive and disincentive programs that encourage proper claims processing of policies and claims handling. Insurers, or other vendors in conjunction with a licensed insurer, may submit bids. The committee or committees must evaluate and award contracts pursuant to the final approval of the director or his designee. The director may require a bid fee to cover the expenses of implementing this section. A serving carrier may be an entity other than a licensed insurance carrier if that entity can prove to the satisfaction of the director that it has the experience and capability to perform the duties of a servicing carrier and if that entity has a licensed automobile insurance carrier to which a policyholder can be issued an automobile insurance policy.

Section 38-91-410.     (a)     Any applicant for an association policy, any person insured under such a policy and any member of the association may request a hearing and ruling the board of the association on any alleged violation of the plan of operation or any alleged improper act or ruling of the association directly affecting it as to coverage or premium or in the case of a member directly affecting its assessment. Any member of the association may request a hearing and ruling on the application to him of the plan of operation. Any such member may request the board to act upon or to rule upon any proposed change in or addition to the plan of operation. The final action of the board in respect of any such proposed changes or additions shall be deemed a formal ruling for purposes of applying sections (b) and (c) below. The request for hearing must be made with thirty days after the date of the alleged violation or improper act or ruling. The hearing shall be held within thirty days after the receipt of the request. The hearing may be held by a panel appointed by the Chairman of the Advisory Board consisting of not less than three members thereof, of which one must be a consumer representatives, and the ruling of a majority of the panel shall be deemed to be the formal ruling of the board, unless the full board on its own motion shall modify or rescind the action of the panel.

(b)     Any formal ruling by the board may be appealed to the director or his designee by filing notice of appeal with the association and director within thirty days after issuance of the ruling.

(c)     The director, after a hearing if requested in the notice of appeal, shall issue an order approving the action or decision, disapproving the action or decision, or directing the board to reconsider the ruling.

(d)     In any hearing held pursuant to this section by the board or the director or his designee, the board or the commissioner as the case may be, shall issue a ruling or order within thirty days after the close of the hearing.

(e)     All rulings or orders of the director or his designee under this section shall be subject to appeal to circuit court.

Section 38-91-420.     The Director of the Department of Insurance shall promulgate regulations to implement the provisions of this chapter."

(B)     Subsection (A) of this SECTION takes effect beginning on March 1, 1999 and must cease to be of any force or effect after February 28, 2003. Beginning on March 1, 2003 and continuing thereafter, the provisions of Article 8, Chapter 77, Title 38 of the 1976 Code as added by SECTION 21 of this act take effect; thus, the residual market mechanism for the State of South Carolina shall convert from a joint underwriting association to an assigned risk plan as outlined herein. The Director of the Department of Insurance is responsible for supervising, administering, and enforcing the transition of the residual market mechanism from the joint underwriting association, as provided in Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, to the assigned risk plan, as provided in Article 8, Chapter 77, Title 38 of the 1976 Code as added by SECTION 21 of this act. The Director of the Department of Insurance may by order, regulation, or both, direct the transition of the residual market mechanism so that the joint underwriting association cannot accept any business after February 28, 2003, and the assigned risk plan must accept business beginning on March 1, 2003, and continuing thereafter. Any policy currently issued by or written through the joint underwriting association, pursuant to Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, on February 28, 2003 shall continue to be a valid contract of insurance until the end of the policy period unless canceled by the insurer or insured. Furthermore, the Director of the Department of Insurance may promulgate regulations which he deems necessary to implement this transition, including but not limited to the termination of the joint underwriting association and its wind-up period, and the establishment of the assigned risk plan and its start-up period.

SECTION     21(A).     Title 38, Chapter 77 of the 1976 Code is amended by adding:

"Article 8
Assignment of Risks

Section 38-77-810.     Beginning on March 1, 2003, and continuing thereafter, the director may promulgate reasonable standards for the assignment of risks to insurance carriers and servicing carriers, and an assigned risk plan, hereinafter referred to as the Associated Auto Insurers Plan, must be established by March 1, 2003. More than one assigned risk plan may be established. The director may make reasonable regulations for the assignment of risks to insurance carriers. He shall establish rate classifications, rating schedules, rates, and regulations to be used by insurance carriers issuing assigned risk, policies of motor vehicle liability, physical damage, and underinsured and uninsured motorist insurance in accordance with this chapter as appear to it to be proper in the establishment of rate classifications, rating schedules, rates, and regulations, it shall be guided by the principles and practices which have been established under its statutory authority to regulate motor vehicle liability, physical damage, and medical payments insurance rates and it may act in conformity with its statutory discretionary authority in such matters.

The servicing carriers for the Associated Auto Insurers Plan may be competitively bid as provided for in this section. If the Associated Auto Insurers Plan is competitively bid, then the director or his designee shall appoint a committee or committees of individuals as he considers qualified to establish standards and procedures for the consideration and evaluation of bids. Insurers, or other vendors in conjunction with a licensed automobile insurer, may submit bids. The committee or committees shall evaluate and award contracts pursuant to the bidding process established by the committee or committees, subject to the final approval of the director or his designee. The director may require a bid fee to cover the expenses of implementing this section.

The plan for the Associated Auto Insurers Plan must contain a provision for which licensed agents and/or brokers may be certified such as to bind insurance policies. The manager of the plan shall establish and maintain an electronic means to bind policies immediately. The electronic effective date procedure shall be available only to producers of record who are certified by the plan.

Section 38-77-820.     Every person who has been unable to obtain a motor vehicle liability policy shall have the right to apply to the director to have his risk assigned to an insurance carrier licensed to write and writing motor vehicle liability insurance in the State and the insurance carrier, whether a stock or mutual company, reciprocal, or interinsurance exchange, or other type or form of insurance organization, as provided in this chapter shall issue a motor vehicle liability policy which will meet at least the minimum requirements for establishing financial responsibility as provided in this chapter, and in addition shall provide, at the option of the insured, reasonable motor vehicle physical damage and medical payments coverages, (both as defined in Chapter 77, Title 38) in the same policy. Every person who has otherwise obtained a motor vehicle liability insurance policy, or who has been afforded motor vehicle liability insurance under the laws of this State, but who was not afforded motor vehicle medical payments insurance or motor vehicle physical damage insurance in the same policy, or who was not afforded such coverages under the provisions of that section, shall have the right to apply to the director to have his risk assigned to an insurance carrier, as provided above, licensed to write and writing either or both coverages, and the insurance carrier shall issue a policy providing the coverage or coverages applied for.

Section 38-77-830.     Insurance carriers may satisfy their Associated Auto Insurers Plan obligations by joining with other insurers to establish an Assigned Risk Pool whereby one or more insurers accepts the assignments of other insurers and in return, the other insurers agree to be responsible for any assessment necessary to pay losses associated with the servicing carrier's pool policies. These agreements are subject to approval by the director.

Section 38-77-840.     The director may in its discretion, after reviewing all information pertaining to the applicant or policyholder available from its records, the records of the department, or from other sources:

(1)     refuse to assign an application;

(2)     approve the rejection of an application by an insurance carrier;

(3)     approve the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or

(4)     refuse to approve the renewal or the reassignment of an expiring policy.

Section 38-77-841.     The producer of each Associated Auto Insurers Plan must provide on a form promulgated by the Director of the Department of Insurance the information as follows:

(1)     the name of one other insurance agent and/or insurer representative who has rejected the applicant for automobile insurance;

(2)     if the producer has at least one voluntary market for automobile insurance, the producer must provide the application to at least one voluntary market used by that producer and the application must be rejected;

(3)     the reason why the applicant is submitting an application to the Associated Auto Insurers Plan. Such reason shall include data on traffic violations, accidents and/or reasons as to why the voluntary market has not provided coverage.

Section 38-77-845.     (A)     The director or his designee, or the plan manager, may review each application. Applications which are not complete or accurate, or both, shall be considered in violation of Section 38-57-30 and are subject to penalty. The department shall promulgate regulations to enforce this section. Penalties may include suspension of binding authority, fines up to five thousand dollars, and revocation of license.

(B)     The director or his designee may review each application and provide such application to other qualified insurers upon request who may provide the insurance in the voluntary market at a rate less than the Associated Auto Insurers Plan rate. In such a case, the producer shall not receive commission on the sale of such policy.

(C)     In his review of the agent's or broker's residual market business, the director or his designee may considered whether the insurer, agent, or broker is participating in a pattern of unfair discrimination as provided in Section 38-77-122 and Section 38-77-123.

Section 38-77-850.     Any information filed with the director by an insurance carrier in connection with an assigned risk must be confidential and solely for the information of the director and its staff and must not be disclosed to any person, including an applicant, policyholder, and any other insurance carrier.

Section 38-77-860.     (A)     The director is not required to disclose to any person, including the applicant or policyholder, its reasons for:

(1)     refusing to assign an application;

(2)     approving the rejection of an application by an insurance carrier;

(3)     approving the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or

(4)     refusing to approve the renewal or the reassignment of an expiring policy.

(B)     The director or anyone acting for him is not held liable for any act or omission in connection with the administration of the duties imposed upon it by the provisions of this chapter, except upon proof of actual malfeasance.

Section 38-77-870.     The provisions of this chapter relevant to assignment of risks must be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the State.

Section 38-77-880.     Notwithstanding any other provision of law, the provisions of this chapter relating to assignment of risks must be available to carriers by motor vehicle who are required by law to carry public liability and property damage insurance for the protection of the public."

(B)     Subsection (A) of this SECTION takes effect beginning on March 1, 2003 and continuing thereafter; therefore, the residual market mechanism for the State of South Carolina shall convert from a joint underwriting association to an assigned risk plan as outlined herein. The Director of the Department of Insurance is responsible for supervising, administering, and enforcing the transition of the residual market mechanism from the joint underwriting association, as provided in Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, to the assigned risk plan, as provided in Article 8, Chapter 77, Title 38 of the 1976 Code as added by SECTION 21 of this act. The Director of the Department of Insurance may by order, regulation, or both, direct the transition of the residual market mechanism so that the joint underwriting association cannot accept any business after February 28, 2003, and the assigned risk plan must accept business beginning on March 1, 2003, and continuing thereafter. Any policy currently issued by or written through the joint underwriting association, pursuant to Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, on February 28, 2003 shall continue to be a valid contract of insurance until the end of the policy period unless canceled by the insurer or insured. Furthermore, the Director of the Department of Insurance may promulgate regulations which he deems necessary to implement this transition, including but not limited to the termination of the joint underwriting association and its wind-up period, and the establishment of the assigned risk plan and its start-up period.

SECTION     22.     Chapter 10, Title 56 of the 1976 Code is amended by adding:

"Section 56-10-225.     (A)     A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.

(B)     The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times and it must be displayed upon demand of a police officer or any other person duly authorized by law.

(c)     A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for such failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided.

(D)     The penalties provided in subsection (c) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."

SECTION     23.     The 1976 Code is amended by adding:

"Section 38-77-395.     There is no liability on the part of and no cause of action of any nature may arise against the director or his designees, any insurer, or the authorized representatives, agents, and employees of either or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or refusal to write or renew, for any statement made by any of them in complying with this article, or for the providing of information pertaining thereto, unless the person asserting the cause of action establishes that the person against whom the cause of action is asserted was motivated by express malice or gross negligence."

SECTION     24.     The 1976 Code is amended by adding:

"Section 39-5-200.     (A)     An insurer, its agent, or an insurance broker doing business in this State may not require a person to use a particular insurance premium finance company or other installment plan for which a finance charge or other fee in connection with an installment payment has been or will be imposed.

(B)     An insurer, its agent, or an insurance broker doing business in this State may not refuse to issue a policy of insurance solely because the premiums for the policy have been advanced by a premium finance company licensed in this State.

(c)     An insurer or its agent doing business in this State shall not reduce commission or intimidate or retaliate against a producer, agent, broker, or insured who uses premium financing by denying the producer, agent, broker, or insured the same rights accorded producers, agents, brokers, or insureds who pay premiums in a different manner."

SECTION     25.     Section 38-43-200 of the 1976 Code, as last amended by Section 1 of Act 465 of 1990, is amended to read:

"Section 38-43-200.     (a)     A licensed agent representing an insurer may not pay, directly or indirectly, any commission, brokerage, or other valuable consideration on account of any policy of insurance on any risk in this State to any nonresident or resident not duly licensed to act as agent or broker for the type of insurance involved.

(b)     Notwithstanding the provisions of subsection (a), agents licensed under this title may write insurance at the request of other licensed agents or licensed brokers or licensed nonresident brokers and allow the licensed agents or licensed brokers or licensed nonresident brokers not exceeding one-half of the commissions which they receive on the business written.

(c)     The limitations contained in subsection (b) with respect to the amount of commission which may be allowed other licensed agents or licensed brokers or licensed nonresident brokers do not apply where the insurance written is life insurance or accident and health insurance.

(d)     This section does not prohibit the payment of a fee to a trade or professional association exempt from income tax under Section 501(c) of the Internal Revenue Code.

(e)     Nothing in this section should be construed to prohibit any licensed insurance agent from rebating any portion of his commission collected on automobile insurance premiums to the insured upon that automobile insurance policy.

SECTION     26.     Section 38-55-50 of the 1976 Code, as last amended by Section 2 of Act 465 of 1990, is amended to read:

"Section 38-55-50.     An insurer, its agent, or an insurance broker doing business in this State may not make or permit any discrimination in favor of individuals between insureds of the same class and risk involving the same hazards in the amount of the payment of premiums or rates charged for policies of insurance except as provided in Sections 38-57-140, 38-65-310, and 38-71-1110, in the dividends or other benefits payable, or in any other of the terms and conditions of the contracts it makes. An insurer, its agent, or an insurance broker may not make a contract of insurance or agreement as to a contract other than as plainly expressed in the policy issued. An insurer or its officer, agent, solicitor, or representative or an insurance broker may not pay, allow, or give or offer to pay, allow, or give, directly or indirectly, as inducement to the taking of insurance any rebate of premium payable on the policy, any special favor or advantage in the dividends or other benefits to accrue from the policy, any paid employment or contract for services of any kind, or any valuable consideration or inducement not specified in the policy contract of insurance, or give, sell, or purchase or offer to give, sell, or purchase, as inducement to the taking of insurance or in connection therewith, any stocks, bonds, or other securities of an insurer or other corporation, association, or partnership, any dividends or profits to accrue from them, or anything of value not specified in the policy.

This section does not prohibit the payment of a fee to a trade or professional association exempt from income tax under Section 501(c) of the Internal Revenue Code.

Further, this section does not prohibit the rebating of any commission to the insured on an automobile insurance policy collected by, or on behalf of, a licensed insurance agent.

SECTION     27.     Beginning on March 1, 2000, the Director of the Department of Insurance shall review annually the impact of the repeal of the anti-rebate statutes concerning the sale of automobile insurance in South Carolina pursuant to this act and shall report annually to the General Assembly to his findings and recommendations, if any, along with the data and supporting information which the director utilized. In his review, the director shall evaluate the following, but is not limited to: the impact on automobile insurance premiums; any pattern of an insurance carrier, agent, broker, and others concerning the practice of rebating; any pattern of discrimination regarding the insured or policyholder, agent, broker, insurance carrier, or others; the impact on the automobile insurance industry, such as additional market entrants, number of insurance carriers, agents, or others who engage in this practice, or any change in the number of companies writing automobile insurance or of agents selling automobile insurance; and any complaints received by or made to the Department of Insurance concerning rebates in the sale of automobile insurance or regarding the repeal of the anti-rebate statutes concerning the sale of automobile insurance in South Carolina. The initial report by the Director of the Department of Insurance shall be submitted to the General Assembly by May 1, 2000, and notwithstanding any other provision of law, the director shall begin collecting data, material, and any information needed for this initial report on March 1, 1999. All subsequent reports shall be submitted to the General Assembly no later than March first of each year. Notwithstanding any other provision of law, the Director of the Department of Insurance shall make his final report on this matter to the General Assembly as provided herein on March 1, 2003, unless otherwise directed by the General Assembly; however, the director may at his discretion continue to submit a report to the General Assembly regarding this matter at any time after March 1, 2003, and shall continue to monitor the impact of the repeal of the anti-rebate statutes concerning the sale of automobile insurance in South Carolina pursuant to this act. The director may promulgate regulations in order to carry out the requirements of this section.

SECTION     28.     If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision.

SECTION     29.     Beginning March 1, 1999, insurers may nonrenew a policy that they have currently ceded to the South Carolina Reinsurance Facility. This provision does not apply to business written through the designated producers. Insurers may no longer cede to the facility after October 1, 1999. If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision. Insurers are not required to cede to the facility after March 1, 1999, and business ceded after March 1, 1999, must be renewal business to the facility. All renewal business ceded after March 1, 1999, must be ceded at the rate level approved for the reinsurance facility after combining its expense component with the loss component referenced in Section 38-77-596.

SECTION     30.     Article 5 of Chapter 77, Title 38 of the 1976 Code is repealed effective January 1, 2006.

SECTION     31.     Sections 38-73-450, 38-73-455, 38-73-457, 38-73-460, 38-73-465, 38-73-720, 38-73-730, 38-73-731, 38-73-735, 38-73-750, 38-73-760, 38-73-770, 38-73-775, 38-77-110, 38-77-111, 38-77-115, 38-77-145, 38-77-285, 38-77-360, 38-77-600, 38-77-605, 38-77-610, 38-77-620, and 38-77-625 and Article 9 of Chapter 77 of Title 38 of the 1976 Code are repealed.

SECTION     32.     The provisions of this act take effect as follows: (a) Sections 1 and 2 on February 1, 1999; (b) Sections 4 through 17 and Sections 19, 23, 25, 26, 27, 29 and 31 on March 1, 1999; and (c) Sections 3, 18, 20, 21, 22, 24, 28 and 30 upon approval by the Governor, except as may be otherwise specifically provided in any of those sections.

Nonrenewal notices may be sent before March 1, 1999, for policies renewing on or after March 1, 1999./

Amend title to conform.

/s/Glenn F. McConnell             /s/Harry F. Cato
/s/C. Tyrone Courtney             /s/Herbert Kirsh
/s/Ernest L. Passailaigue, Jr.    /s/Lynn Seithel
On Part of the Senate.                 On Part of the House.

Rep. CATO explained the Free Conference Report.

Rep. KNOTTS spoke against the Free Conference Report.

Rep. KNOTTS moved to adjourn debate upon the Free Conference Report until Wednesday, January 7.

Rep. CATO moved to table the motion.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 83; Nays 30

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Baxley                 Beck                   Boan
Brown, G.              Brown, H.              Campsen
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Cromer
Dantzler               Easterday              Edge
Felder                 Gamble                 Hamilton
Harris, A.             Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Jennings               Jordan                 Keegan
Kennedy                Kinon                  Kirsh
Koon                   Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Maddox                 Martin
McCraw                 McKay                  McLeod
Meacham                Miller                 Mullen
Neilson                Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Simrill                Smith, D.
Smith, R.              Spearman               Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--83

Those who voted in the negative are:

Bauer                  Bowers                 Breeland
Brown, T.              Carnell                Cave
Cobb-Hunter            Davenport              Fleming
Gourdine               Govan                  Harrell
Howard                 Inabinett              Knotts
Lloyd                  Loftis                 Mack
Mason                  McMahand               Moody-Lawrence
Neal                   Parks                  Pinckney
Quinn                  Sheheen                Smith, F.
Smith, J.              Whatley                Whipper

Total--30

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of the Free Conference Report.

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

Yeas 85; Nays 28

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Baxley                 Beck
Boan                   Brown, H.              Brown, J.
Campsen                Cato                   Chellis
Clyburn                Cooper                 Cotty
Cromer                 Dantzler               Easterday
Edge                   Felder                 Gamble
Gourdine               Hamilton               Harris, A.
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Koon                   Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Martin                 McCraw
McKay                  McLeod                 Meacham
Miller                 Moody-Lawrence         Mullen
Neilson                Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Simrill                Smith, D.
Smith, R.              Spearman               Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Webb
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--85

Those who voted in the negative are:

Bauer                  Bowers                 Breeland
Brown, G.              Brown, T.              Carnell
Cave                   Cobb-Hunter            Davenport
Fleming                Govan                  Harrell
Howard                 Inabinett              Knotts
Lloyd                  Loftis                 Mack
Mason                  McMahand               Neal
Parks                  Pinckney               Sharpe
Sheheen                Smith, F.              Smith, J.
Whatley

Total--28

So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING
EXPLANATION OF MY VOTE ON S. 254

While I support insurance reform and the removal of the recoupment fee from the auto insurance premiums, I oppose this Bill (S. 254) because:

Proponents of this Bill stated up front that this Bill was not legislation to reduce auto insurance premiums in South Carolina but to bring insurance reform.

This Bill ushers in the same type plan the public rejected in 1973.

This Bill will increase the cost of auto insurance for the majority of drivers based on factors other than driving record.

Ultimately, when this plan converts to an assigned risk plan, it will be more difficult for the public to obtain auto insurance.

Rep. DWIGHT A. LOFTIS

RECORD FOR VOTING

I was temporarily out of the chamber when the final vote on S. 254 was taken. I would have voted in favor of the Bill and I hereby express my absolute commitment to its immediate implementation without delay.

Rep. JOE McMASTER

RECORD FOR VOTING

Please have the following inserted into the House Journal concerning my vote on Senate Bill 254:

Today I cast a negative vote for S. 254 (the Virginia Plan), automobile insurance reform. My negative vote should not be taken as my being against auto insurance reform. I have indicated for a long time that insurance reform was needed, but I have emphasized that insurance reform should be restructured in a way that benefits the citizens of South Carolina. In my opinion, S. 254, as it came out of Conference Committee, is not a Bill that will benefit the citizens of South Carolina and especially the insurance consumer. I feel that insurance reform could best be accomplished by working on our current laws to comply with recommendations made by the Legislative Audit Council when they audited the insurance facilities in 1997.

I was appointed to a Compliance Review Committee to see that the recommendations made by the Legislative Audit Council were instituted. Unfortunately, the Compliance Review Committee has only met one time and that was an organizational meeting to elect a Chairman and set an agenda. We have not, at this time, proceeded to work on the recommendations made by the Legislative Audit Council. I feel strongly that if we had met and worked on the recommendations of the Legislative Audit Council to improve our current system that we would have been able to make significant changes that would have improved insurance regulations that would have benefited the people of South Carolina.

The passage of S. 254, if it is ratified by the Governor, will take us back to the exact position the State was in in 1973, which ultimately led to the system that is being replaced. My main concern on S. 254 is that it does away with the mandate for insurers to write insurance in South Carolina. In other words, the companies will now be able to refuse its insurance for individuals, it can refuse renewal of an auto insurance policy, and it can cancel the auto insurance for certain reasons. This has not been the case since 1974.

There are other provisions of this Bill that make it less than desirable for my constituents and all citizens of this State.

Rep. RUDOLPH M. MASON

H. 3155--FREE CONFERENCE POWERS GRANTED

Rep. WITHERSPOON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 0

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Breeland               Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Carnell                Cato
Cave                   Chellis                Clyburn
Cotty                  Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris, A
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Inabinett
Jennings               Jordan                 Keegan
Kinon                  Kirsh                  Koon
Law                    Leach                  Limbaugh
Limehouse              Littlejohn             Maddox
Martin                 McCraw                 McKay
McLeod                 Meacham                Miller
Mullen                 Neal                   Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Smith, D.
Smith, J.              Smith, R.              Spearman
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--94

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WITHERSPOON, RHOAD and BARFIELD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3155---FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 5, 1997

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

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

"Section 50-1-290.     It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. Except as provided in Section 50-11-170, this section shall not apply to the sale of rabbits and grey squirrels taken during the legally established seasons. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days."

SECTION     2.     Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-1920.     (A)     The proprietor of any an eating establishment who sells may sell or offers offer for sale venison only if the venison is nonnative from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.

(B)     The sale of whitetail deer, wild or farm-raised, is prohibited.

(C)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.

(D)     The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee.

(E)     Venison which is permitted to be sold under the provisions of this section may be sold as a separately prepared item or when mixed with other items offered by the establishment and then prepared and served."

SECTION     3.     Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-1920.     (A)     The proprietor of any an eating establishment who sells may sell or offers offer for sale venison only if the venison is nonnative from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.

(B)     The sale of whitetail deer, wild or farm-raised, is prohibited.

(C)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.

(D)     The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee.

(E)     Venison which is permitted to be sold under the provisions of this section may be sold as a separately prepared item or when mixed with other items offered by the establishment and then prepared and served.

(F)     The Department of Natural Resources shall promulgate regulations to enforce the provisions of this section."

SECTION     4.     This act takes effect May 1, 1998./

Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS; AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION./.

/s/Hon. Harvey S. Peeler          /s/Hon. William D. Witherspoon
/s/Hon. David L. Thomas           /s/Hon. Thomas N. Rhoad
/s/Hon. Robert L. Waldrep         /s/Hon. Liston D. Barfield
On Part of the Senate.                 On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

The following was introduced:

H. 4332 -- Rep. Limehouse: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE OUR ASSISTANT CHIEF PAGE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, JAMES J. "JIMMY" BAILEY, JR., OF CHARLESTON COUNTY UPON THE OCCASION OF HIS FORTHCOMING GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA AND TO THANK HIM FOR HIS DEDICATION TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4333 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. DAVID T. SHANNON FOR HIS DISTINGUISHED CAREER AS A UNIVERSITY ADMINISTRATOR, PROFESSOR, AUTHOR, AND MINISTER OF THE GOSPEL UPON HIS RETIREMENT AS PRESIDENT OF ALLEN UNIVERSITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4334 -- Rep. Seithel: A CONCURRENT RESOLUTION CONGRATULATING EDWIN S. TAYLOR ON HIS RETIREMENT FROM THE CHARLESTON COUNTY PARK AND RECREATION COMMISSION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4335 -- Rep. McLeod: A CONCURRENT RESOLUTION CONGRATULATING CHIEF SUMMARY COURT JUDGE J. OSCAR ZOBEL FOR HIS DISTINGUISHED RECORD OF JUDICIAL SERVICE AND EXPRESSING APPRECIATION FOR HIS TWENTY-SIX AND ONE-HALF YEARS AS A NEWBERRY COUNTY MAGISTRATE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4336 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILBURN BEASLEY OF TURBEVILLE, A LEGEND IN THE FREE WILL BAPTIST CHURCH, FOR A LIFETIME OF SERVICE AS A MINISTER AND COMMUNITY LEADER IN SOUTH CAROLINA AND THE SOUTHEAST.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4337 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. LEO RICHARDSON, DIRECTOR OF INDIVIDUAL AND PROVIDER RIGHTS FOR THE DEPARTMENT OF SOCIAL SERVICES, FOR HIS MANY YEARS OF SERVICE TO THE STATE AND TO WISH HIM WELL UPON HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4338 -- Rep. Breeland: A CONCURRENT RESOLUTION TO COMMEND THE STRONG FAMILY UPON THE OCCASION OF ITS THIRTY-SEVENTH REUNION TO BE HELD IN CHARLESTON AND TO PROCLAIM THE WEEK OF AUGUST 18 - 24, 1997, AS THE STRONG FAMILY REUNION WEEK IN CHARLESTON.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

R. 176; H. 3961--GOVERNOR'S VETO SUSTAINED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 10, 1997
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3961, R. 176, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT; BY ADDING SECTION 56-5-5315 SO AS TO PROVIDE PROVISIONS THAT GOVERN THE OPERATION OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER.

While much of this Bill properly addresses transportation issues, Section 56-5-5315(B) results in an intrusion by state and federal agencies into the day to day operation of intermodal terminals in the State of South Carolina. While the Bill contains important issues that need to be resolved, I believe these concerns can be more properly addressed by negotiation between the parties that are involved in this issue. I encourage the General Assembly to pass the remaining parts of this Bill which are necessary to comply with federal guidelines.

For the above reason, I am vetoing H. 3961, R. 176.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 6; Nays 87

Those who voted in the affirmative are:

Howard                 Littlejohn             McMahand
Moody-Lawrence         Stuart                 Tripp

Total--6

Those who voted in the negative are:

Allison                Altman                 Askins
Barfield               Barrett                Bauer
Baxley                 Beck                   Boan
Brown, G.              Brown, H.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Inabinett              Jennings               Jordan
Keegan                 Kennedy                Kinon
Kirsh                  Knotts                 Koon
Law                    Leach                  Limbaugh
Limehouse              Loftis                 Mack
Maddox                 Martin                 McCraw
McKay                  McLeod                 Meacham
Miller                 Mullen                 Neilson
Parks                  Phillips               Quinn
Rhoad                  Riser                  Rodgers
Sandifer               Scott                  Sharpe
Smith, R.              Spearman               Stoddard
Townsend               Vaughn                 Walker
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--87

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

My no button on my voting console would not work. I would have voted no on the veto on H. 3961.

Rep. LYNN SEITHEL

R. 156; H. 3286--GOVERNOR'S VETO SUSTAINED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 10, 1997
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3286, R. 156, an Act:
TO AMEND SECTIONS 40-30-40 AND 40-30-65, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADVISORY PANEL AND DISCIPLINARY PANEL, RESPECTIVELY, FOR MASSAGE/BODYWORK, SO AS TO ALLOW A MEMBER OF EITHER PANEL TO SERVE MORE THAN TWO TERMS AND TO REQUIRE COMPENSATION FOR PANEL MEMBERS AS AUTHORIZED FOR MEMBERS OF BOARDS AND COMMISSIONS; TO AMEND SECTION 40-30-80, AS AMENDED, RELATING TO FEES SO AS TO PROVIDE FOR APPLICATION, RENEWAL, AND LATE FEES; TO AMEND SECTION 40-30-180, RELATING TO MASSAGE/BODYWORK LICENSE RENEWAL, SO AS TO PROVIDE REACTIVATION PROCEDURES WHEN CONTINUING EDUCATION REQUIREMENTS ARE NOT MET FOR RENEWAL; TO AMEND SECTION 40-30-220, RELATING TO RESTRAINING ORDERS, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT RATHER THAN RULES OF CIVIL PROCEDURE APPLIES WHEN SEEKING AN ORDER; SECTION 40-30-310, RELATING TO VIOLATIONS OF THE CHAPTER, SO AS TO PROVIDE THAT AN ACTION FOR INJUNCTIVE RELIEF MAY BE BROUGHT THROUGH THE ADMINISTRATIVE LAW JUDGE DIVISION RATHER THAN CIRCUIT COURT; TO AMEND ACT 387 OF 1996, RELATING TO GRANDFATHERING PROVISIONS FOR MASSAGE/BODYWORK THERAPISTS, SO AS TO PROVIDE FOR THE WAIVER OF THE EXAMINATION UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE THAT INITIAL PANEL APPOINTEES ARE NOT REQUIRED TO BE LICENSED TO PRACTICE MASSAGE/BODYWORK UNTIL JANUARY 1, 1998, IF OTHER REQUIREMENTS ARE MET.

The language of H. 3286, R. 156 of 1997, removes term limit restrictions from existing law. I have always supported term limits for Boards and Commissions and believe that the removal of term limits from existing law is contrary to allowing broader participation for the citizens of South Carolina. I encourage the General Assembly to pass the remaining provisions of this Bill.

For the above reason, I am vetoing H. 3286, R. 156.

Sincerely,
David M. Beasley

Rep. SHARPE explained the veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 22; Nays 80

Those who voted in the affirmative are:

Battle                 Bauer                  Breeland
Brown, G.              Cobb-Hunter            Hines, M.
Hodges                 Howard                 Inabinett
Lee                    Lloyd                  Mack
McLeod                 McMahand               Neal
Parks                  Scott                  Smith, F.
Smith, J.              Stoddard               Tripp
Whipper

Total--22

Those who voted in the negative are:

Allison                Altman                 Askins
Barfield               Barrett                Baxley
Beck                   Brown, H.              Brown, T.
Campsen                Cato                   Cave
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Harvin
Haskins                Hinson                 Jennings
Jordan                 Keegan                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Law                    Leach
Limbaugh               Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McKay                  Meacham
Moody-Lawrence         Mullen                 Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stuart                 Townsend
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--80

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

My no button on my voting console would not work. I would have voted no on the veto on H. 3286.

Rep. LYNN SEITHEL

R. 159; H. 3450--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 10, 1997
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3450, R. 159, an Act:
TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.

I am vetoing this Bill because it will decrease the State Highway Fund by approximately five to seven million dollars. At a time when our state highway needs are critical, I believe this money would benefit all South Carolinians if it remains in the State Highway Fund to be used to match federal dollars. Alternatively, this money could be paced in the Infrastructure Bank to be used as a revenue source to fund large highway projects that impact economic development in the entire State.

For the above reasons, I am vetoing H. 3450, R. 159.

Sincerely,
David M. Beasley

Rep. VAUGHN explained the veto.

Rep. BAXLEY spoke against the veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 116; Nays 4

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Canty                  Carnell                Cato
Cave                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Easterday              Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Jordan                 Kelley                 Kennedy
Kinon                  Kirsh                  Knotts
Lanford                Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Loftis
Mack                   Maddox                 Martin
Mason                  McCraw                 McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stoddard
Townsend               Tripp                  Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--116

Those who voted in the negative are:

Barfield               Keegan                 Koon
Stuart

Total--4

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

R. 187; H. 4156--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 10, 1997
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4156, R. 187, an Act:
TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.

This veto is based upon my belief that H. 4156, R. 187 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing H. 4156, R. 187.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 12; Nays 0

Those who voted in the affirmative are:

Allison                Davenport              Hawkins
Howard                 Lanford                Lee
Littlejohn             Martin                 McLeod
Smith, D.              Vaughn                 Walker

Total--12

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

R. 242; H. 3847--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 14, 1997
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3847, R. 242, an Act:
TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.

This veto is based upon my belief that H. 3847, R. 242 is unconstitutional. Article VIII, Section 34 of the South Carolina Constitution prohibits the enactment of a special law where a general law can be made applicable.

For the above reason, I am vetoing H. 3847, R. 242 of 1997.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 7; Nays 0

Those who voted in the affirmative are:

Delleney               Kirsh                  McCraw
McLeod                 Meacham                Moody-Lawrence
Simrill

Total--7

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

R. 216; H. 3253--GOVERNOR'S VETO SUSTAINED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 13, 1997
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3253, R. 216, an Act:
TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT, AVAILABLE FUNDING, AND A FIFTEEN-DAY LIMIT EACH YEAR.

This Bill allows the Adjutant General to activate the National Guard or State Guard under certain conditions. Without adequate safeguards, this Bill does not accomplish its intended purpose. While I understand the intent of the General Assembly in adopting this Bill, I cannot allow it to become law in its present form.

For the above reason, I am vetoing H. 3253, R. 216 of 1997.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 60; Nays 57

Those who voted in the affirmative are:

Altman                 Battle                 Baxley
Beck                   Bowers                 Breeland
Brown, G.              Brown, T.              Canty
Carnell                Cato                   Clyburn
Cobb-Hunter            Cooper                 Cotty
Davenport              Delleney               Gourdine
Harris, A.             Harvin                 Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Jordan                 Kinon                  Lanford
Lee                    Littlejohn             Lloyd
Mack                   Maddox                 Mason
McCraw                 McLeod                 McMahand
McMaster               Miller                 Neal
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Robinson
Sandifer               Scott                  Sheheen
Smith, F.              Smith, J.              Stoddard
Tripp                  Vaughn                 Walker
Whipper                Wilder                 Wilkes

Total--60

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Barrett                Bauer
Boan                   Brown, H.              Brown, J.
Campsen                Cave                   Chellis
Cromer                 Dantzler               Easterday
Edge                   Felder                 Gamble
Hamilton               Harrell                Harrison
Haskins                Hinson                 Keegan
Kennedy                Kirsh                  Knotts
Koon                   Law                    Leach
Limbaugh               Limehouse              Loftis
Martin                 McKay                  Meacham
Moody-Lawrence         Mullen                 Neilson
Rice                   Riser                  Rodgers
Sharpe                 Simrill                Smith, D.
Smith, R.              Spearman               Stuart
Townsend               Trotter                Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--57

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

My no button on my voting console would not work. I would have voted no on the veto on H. 3253.

Rep. LYNN SEITHEL

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R146, S. 712 by a vote of 35 to 0.
(R146) S. 712 -- Senator Bryan: AN ACT TO AMEND ACT 1182 OF 1968, AS AMENDED. RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.
Very respectfully,
President

Received as information.

R. 146; S. 712--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 10, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my signature S. 712, R. 146, an Act:
TO AMEND ACT 1182 OF 1968, AS AMENDED. RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.

This veto is based upon my belief that S. 712, R. 146 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing S. 712, R.146.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 9; Nays 1

Those who voted in the affirmative are:

Easterday              Hamilton               Haskins
Leach                  Loftis                 McMahand
Rice                   Tripp                  Wilkins

Total--9

Those who voted in the negative are:
Sheheen

Total--1

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R124, S. 358 by a vote of 29 to 3.
(R124) S. 358 -- Senator Bryan: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Very respectfully,
President

Received as information.

R. 124; S. 358--GOVERNOR'S VETO SUSTAINED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 10, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my signature S. 358, R. 124, an Act:
TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.

I am vetoing S. 358, R. 124, because, historically, appointments to the Board of Examiners in Optometry have not required the advice and consent of the Senate. I have been given no reason to justify the imposition of this requirement, and I do not believe that it is appropriate.

It is unfortunate that important legislation is being delayed by the addition of unnecessary provisions to a law that has worked well for years. I encourage the General Assembly to pass the original provisions of this Bill as quickly as possible.

For the above reasons, I am vetoing S. 358, R. 124 of 1997.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 31; Nays 72

Those who voted in the affirmative are:

Bailey                 Battle                 Breeland
Brown, G.              Carnell                Cave
Clyburn                Cobb-Hunter            Gourdine
Govan                  Hines, M.              Hodges
Howard                 Inabinett              Kirsh
Lee                    Lloyd                  Mack
Maddox                 McLeod                 McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Pinckney               Riser
Smith, J.              Stoddard               Whipper
Wilder

Total--31

Those who voted in the negative are:

Allison                Askins                 Barfield
Barrett                Bauer                  Baxley
Beck                   Boan                   Brown, H.
Brown, J.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Gamble                 Hamilton               Harrell
Harris, A.             Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hinson                 Jennings               Jordan
Keegan                 Kennedy                Kinon
Knotts                 Koon                   Law
Leach                  Limbaugh               Limehouse
Littlejohn             Martin                 Mason
McCraw                 McKay                  Neilson
Phillips               Quinn                  Rhoad
Rice                   Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Spearman               Stuart
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--72

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

My no button on my voting console would not work. I would have voted no on the veto on S. 358.

Rep. LYNN SEITHEL

MESSAGE FROM THE SENATE

Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 202, S. 640 by a vote of 35 to 0.
(R202) S. 640 -- Senator Rankin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY, TO PROVIDE AN EXCEPTION, AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
Very respectfully,
President

Received as information.

R. 202; S. 640--GOVERNOR'S VETO SUSTAINED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 13, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my signature S. 640, R. 202, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY, TO PROVIDE AN EXCEPTION, AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.

I am vetoing S. 640, R. 202 because it creates an unnecessary level of bureaucracy and new fees. The legislation is also burdensome to the general public. Although the intent of the law is to regulate rallies for recreational vehicles, as worded, the Bill could be interpreted to regulate private and charitable groups as well.

For the above reason, I am vetoing S.640, R. 202 of 1997.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 11; Nays 89

Those who voted in the affirmative are:

Brown, T.              Davenport              Edge
Howard                 Inabinett              Keegan
Lloyd                  McCraw                 Seithel
Stoddard               Witherspoon

Total--11

Those who voted in the negative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Brown, H.              Brown, J.
Campsen                Canty                  Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Jennings               Jordan                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Lanford                Leach
Limbaugh               Limehouse              Littlejohn
Maddox                 Martin                 Mason
McKay                  McLeod                 Meacham
Miller                 Moody-Lawrence         Mullen
Neilson                Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rodgers                Sandifer
Sharpe                 Sheheen                Simrill
Smith, J.              Smith, R.              Spearman
Stuart                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Woodrum
Young                  Young-Brickell

Total--89

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

Rep. HARRELL moved that the House recede until 2:30 P.M., which was adopted.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, ACTING SPEAKER H. BROWN in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

SPEAKER IN CHAIR
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
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. 3919:
H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Conference on H. 3919:
H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 242, H. 3847 by a vote of 28 to 0.
(R242) H. 3847 -- Reps. Meacham and Kirsh: AN ACT TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 123, S. 340 by a vote of 0 to 36.
(R123) S. 340 -- Senator Leatherman: AN ACT TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 187, H. 4156 by a vote of 29 to 0.
(R187) H. 4156 -- Rep. Littlejohn: AN ACT TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Free Conference on S. 254:
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND". (Abbreviated Title)
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Free Conference on H. 3155:
H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 159, H. 3450 by a vote of 29 to 0.
(R159) H. 3450 -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: AN ACT TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 739, R. 148 by a vote of 29 to 0.
(R148) S. 739 -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
Very respectfully,
President

Received as information.

R. 148; S. 739--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 10, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202
Mr. President and Members of the Senate:

I am hereby returning without my signature S. 739, R. 148, an Act:
TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.

This veto is based upon my belief that S. 739, R. 148 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing S. 739, R. 148.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 6; Nays 0

Those who voted in the affirmative are:

Barfield               Brown, T.              Edge
Keegan                 Kelley                 Miller

Total--6

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 829 -- Senator Holland: A CONCURRENT RESOLUTION TO CONGRATULATE BATTERY B 713TH AAA GUN BATTALION OF SOUTH CAROLINA NATIONAL GUARD, KERSHAW COUNTY, ON ITS FORTY-SEVENTH ANNIVERSARY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

R. 223, H. 3402--GOVERNOR'S VETO RECEIVED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 14, 1997
Dear Mr. Speaker and Members of the House:

I am returning H. 3402, R. 223, appropriations from the Capital Reserve Fund, with vetoes.

I am vetoing these three items to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.

Veto 1     Section 1, page 2, item (7) (b), Department of Archives and History, South Carolina History Center Relocation, $104,000

Veto 2     Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000

Veto 3     Section 1, page 3, item (16) (b), Department of Mental Health, Patient Paying Fee Account, $1,000,000

For the above reason, I veto these items.

Sincerely,
David M. Beasley

VETO 1-SUSTAINED

Veto 1     Section 1, page 2, item (7) (b), Department of Archives and History, South Carolina History Center Relocation, $104,000

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 36; Nays 60

Those who voted in the affirmative are:

Battle                 Bauer                  Baxley
Breeland               Brown, H.              Byrd
Carnell                Cave                   Cotty
Davenport              Fleming                Govan
Hines, M.              Hodges                 Howard
Law                    Lee                    Lloyd
Mack                   McLeod                 McMahand
Neal                   Parks                  Phillips
Pinckney               Robinson               Scott
Seithel                Sheheen                Smith, F.
Smith, J.              Spearman               Stoddard
Stuart                 Whipper                Wilder

Total--36

Those who voted in the negative are:

Allison                Barfield               Barrett
Beck                   Boan                   Brown, J.
Campsen                Cato                   Chellis
Cooper                 Delleney               Easterday
Edge                   Felder                 Gamble
Hamilton               Harrell                Harris, A
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McMaster
Meacham                Moody-Lawrence         Mullen
Neilson                Rhoad                  Rice
Riser                  Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Tripp
Trotter                Vaughn                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--60

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 2--OVERRIDDEN

Veto 2     Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 104; Nays 2

Those who voted in the affirmative are:

Allison                Askins                 Barfield
Barrett                Battle                 Bauer
Beck                   Boan                   Bowers
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Canty                  Carnell                Cato
Cave                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gourdine               Govan
Hamilton               Harrell                Harris, A
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jordan
Keegan                 Kelley                 Knotts
Koon                   Law                    Leach
Lee                    Limbaugh               Limehouse
Lloyd                  Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Spearman
Stoddard               Stuart                 Tripp
Trotter                Vaughn                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--104

Those who voted in the negative are:

Kirsh                  Stille

Total--2

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3402     General Subject Matter: Veto No. 2

Page 2 Section 1.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of U.S.C.

Rep. MARGARET J. GAMBLE

VETO 3--SUSTAINED

Veto 3     Section 1, page 3, item (16) (b), Department of Mental Health, Patient Paying Fee Account, $1,000,000

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 45; Nays 62

Those who voted in the affirmative are:

Battle                 Baxley                 Bowers
Breeland               Brown, G.              Brown, T.
Byrd                   Canty                  Carnell
Cave                   Cobb-Hunter            Davenport
Delleney               Gourdine               Govan
Harris, A.             Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Kennedy                Kirsh                  Lee
Lloyd                  Mack                   Maddox
McCraw                 McLeod                 McMahand
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Scott                  Sheheen
Simrill                Smith, F.              Smith, J.
Stoddard               Whipper                Wilder

Total--45

Those who voted in the negative are:

Askins                 Barfield               Barrett
Bauer                  Beck                   Boan
Brown, H.              Brown, J.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Knotts                 Koon                   Law
Leach                  Limbaugh               Limehouse
Littlejohn             Loftis                 Mason
McKay                  McMaster               Meacham
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Tripp                  Trotter
Vaughn                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--62

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3665--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 17, 1997

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3665 -- Ways and Means Committee: SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     The General Assembly finds that:

(1)     Adequate transportation facilities are an important element in the ability of a community to provide for the health and welfare of its citizens and the continuing economic growth and development that will provide jobs for the citizens of South Carolina.

(2)     Traditional transportation financing methods in South Carolina cannot generate the resources necessary to fund the cost of transportation facilities which are required for continued economic viability and future economic expansion.

(3)     The State of South Carolina has the ability to provide for alternative methods of financing highway and transportation projects which, when combined with existing financing sources and methods, will allow the State to address its transportation needs in a more timely and responsive manner.

(4)     Loans and other financial assistance to government units and private entities can play an important part in meeting transportation needs. This assistance is in the public interest for the public benefit and good as a matter of legislative intent.

(5)     The chapter provides an instrumentality to assist government units and private entities in constructing and improving highway and transportation facilities by providing loans and other financial assistance.

(6)     It is the General Assembly's intent for the instrumentality created by this act to focus greater attention on larger transportation projects, and thereby allow the South Carolina Department of Transportation's resources to be devoted sooner to smaller, but yet important, rural transportation projects.

SECTION     2.     Title 11 of the 1976 Code is amended by adding:

"CHAPTER 43
South Carolina Transportation Infrastructure Bank Act
Article 1
South Carolina Transportation Infrastructure Bank

Section 11-43-110.     This chapter may be referred to as the 'South Carolina Transportation Infrastructure Bank Act.'

Section 11-43-120.     (A)     There is created a body corporate and politic and an instrumentality of the State to be known as the South Carolina Transportation Infrastructure Bank.

(B)     The bank is governed by a board of directors as provided in this chapter.

(C)     The corporate purpose of the bank is to select and assist in financing major qualified projects by providing loans and other financial assistance to government units and private entities for constructing and improving highway and transportation facilities necessary for public purposes including economic development. The exercise by the bank of a power conferred in this chapter is an essential public function.

(D)     The bank shall establish and maintain at least the four following accounts: state highway account, state transit account, federal highway account, and federal transit account.

Section 11-43-130.     As used in this chapter unless the context clearly indicates otherwise:

(1)     'Bank' means the South Carolina Transportation Infrastructure Bank.

(2)     'Board' means the board of directors of the bank.

(3)     'Bonds' means bonds, notes, or other evidence of indebtedness except as otherwise provided in Article 3 of this chapter.

(4)     'Department of Transportation' means the South Carolina Department of Transportation and its successors.

(5)     'Eligible cost' means as applied to a qualified project to be financed from the federal accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the state transit account, eligible project costs are limited to capital expenditures for transit equipment and facilities.

(6)     'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public.

(7)     'Federal accounts' means collectively, the separate account for federal highway funds and federal transit funds.

(8)     'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument.

(9)     'Government unit' means a municipal corporation, county, special purpose district, special service district, commissioners of public works, or another public body, instrumentality or agency of the State including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this State which may construct, own, or operate a qualified project.

(10)     'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible cost of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of eligible costs of a qualified project.

(11)     'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower.

(12)     'Other financial assistance' means, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law.

(13)     'Private entity' means a private person or entity that has entered into a contract with a government unit to design, finance, construct, and operate a highway, bridge, tunnel, or approach that is within the jurisdiction of the government unit that is responsible for complying with applicable federal requirements.

(14)     'Project revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part of, from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower.

(15)     'Qualified borrower' means any government unit or private entity which is authorized to construct, operate, or own a qualified project.

(16)     'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost.

(17)     'Revenues' means, when used with respect to the bank, any receipts, fees, income, or other payments received or to be received by the bank including, without limitation, receipts and other payments deposited in the bank and investment earnings on its funds and accounts.

(18)     'State accounts' means, collectively, the separate account for state highway funds and state transit funds.

Section 11-43-140.     The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission, ex officio; one director appointed by the Governor who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term.

Section 11-43-150.     (A)     In addition to the powers contained elsewhere in this chapter, the bank has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:

(1)     have perpetual succession;

(2)     adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this chapter for the administration of the bank's affairs and the implementation of its functions including the right of the board to select qualifying projects and to provide loans and other financial assistance;

(3)     sue and be sued in its own name;

(4)     have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank;

(5)     make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable;

(6)     provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project;

(7)     enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this chapter;

(8)     enter into agreements with a department, agency, or instrumentality of the United States or of this State or another state for the purpose of planning and providing for the financing of qualified projects;

(9)     establish:

(a)     policies and procedures for the making and administering of loans and other financial assistance; and

(b)     fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank, government units, and private entities;

(10)     acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank;

(11)     procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this State, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;

(12)     collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default;

(13)     unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it;

(14)     borrow money through the issuance of bonds and other forms of indebtedness as provided in this chapter;

(15)     expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank;

(16)     expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank;

(17)     establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise;

(18)     procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses;

(19)     collect fees and charges in connection with its loans or other financial assistance;

(20)     apply for, receive and accept from any source, aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made;

(21)     enter into contracts or agreements for the servicing and processing of financial agreements; and

(22)     do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter.

(B)     The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of the State or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or this State.

Section 11-43-160.     (A)     The following sources may be used to capitalize the bank and for the bank to carry out its purposes:

(1)     an annual contribution set by the board of up to three percent of the funds appropriated for the construction and maintenance of state highways, however, the contribution must be used to match federal capitalization grants to the bank and to provide capital for the state accounts of the bank;

(2)     federal funds made available to the State;

(3)     federal funds made available to the State for the bank;

(4)     contributions and donations from government units, private entities, and any other source as may become available to the bank including, but not limited to, appropriations from the General Assembly;

(5)     all monies paid or credit to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the bank's monies;

(6)     proceeds from the issuance of bonds as provided in this chapter;

(7)     other lawful sources as determined appropriate by the board; and

(8)     loans from the Department of Transportation to the bank to be repaid from revenues committed to the bank for the following year.

(B)     Beginning in fiscal year 1998-99, the revenues collected pursuant to Sections 56-3-660 and 56-3-670 and placed in the state highway account, as created by this chapter, must be used to provide capital for the bank.

Section 11-43-170.     (A)     Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state accounts must be credited to the state highway account or state transit account that generates the earnings. The bank may establish accounts and subaccounts within the state accounts and federal accounts as considered desirable to effectuate the purposes of this chapter, or to meet the requirements of any state or federal programs. All accounts must be held in trust by the State Treasurer.

(B)     For necessary and convenient administration of the bank, the board shall direct the State Treasurer to establish federal and state accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this chapter.

(C)     The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.

Section 11-43-180.     (A)     The bank may provide loans and other financial assistance to a government unit or private entity to pay for all or part of the eligible cost of a qualified project. Prior to providing a loan or other financial assistance to a qualified borrower, the board must obtain the review and approval of the Joint Bond Review Committee. The term of the loan or other financial assistance must not exceed the useful life of the project. The bank may require the government unit or private entity to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements.

(B)     The board shall determine which projects are eligible projects and then select from among the eligible projects those qualified to receive from the bank a loan or other financial assistance. Preference must be given to eligible projects which have local financial support. In selecting qualified projects, the board shall consider the projected feasibility of the project and the amount and degree of risk to be assumed by the bank. The board also may consider, but must not be limited to, the following criteria in making its determination that an eligible project is a qualified project:

(1)     the local support of the project, expressed by resolutions by the governing bodies in the areas in which the project will be located, and the financial or in-kind contributions to the project;

(2)     maximum economic benefit, enhancement of mobility, enhancement of public safety, acceleration of project completion, and enhancement of transportation services;

(3)     the ability of the applicant to repay a loan according to the terms and conditions established pursuant to this chapter, consideration of which may include, at the option of the bank board, the existence of current investment grade rating on existing debt of the applicant secured by the same revenues to be pledged to secure repayment under the loan repayment agreement;

(4)     the financial or in-kind contributions to the project;

(5)     greater weighting in recommending priorities for eligible projects to areas of the State experiencing high unemployment; and

(6)     whether the governing bodies of the county or the incorporated municipality in which the project is to be located provides to the bank a resolution which makes a finding that the project is essential to economic development in the political subdivisions, or the bank receives a resolution or certificate from the Advisory Coordinating Council for Economic Development of the Department of Commerce that the project is essential to economic development in the State, or both, at the option of the board.

Section 11-43-190.     (A)     Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this chapter.

(B)     In addition to the authorizations contained in this chapter, all other statutes or provisions permitting government units to borrow money and issue obligations including, but not limited to, the Revenue Bond Act for Utilities and the Revenue Bond Refinancing Act of 1937, may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. Notwithstanding the foregoing, obligations secured by ad valorem taxes may be issued by a government unit and purchased by the bank without regard to any public bidding requirement.

(C)     A qualified borrower may receive, apply, pledge, assign, and grant security interest in project revenues, and, in the case of a governmental unit, its project revenues, revenues derived from a special source or ad valorem taxes, to secure its obligations as provided in this chapter, and may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues, to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.

(D)     A qualified borrower must comply with the provisions of Section 12-27-1320 and Section 12-28-2930 in the expenditure of the proceeds of a loan or other financial assistance provided by the bank for a qualified project.

Section 11-43-200.     The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property or upon its operations or the income from them, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income from them.

Section 11-43-210.     (A)     If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the State Treasurer who, subject to the withholding of amounts under Article X, Section 14 of the Constitution, shall withhold all or a portion of the funds of the State and all funds administered by the State, its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due.

(B)     Nothing contained in this section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which the State is a party, the requirements of federal law imposed on the State, or judgments of a court binding on the State.

Section 11-43-220.     Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this chapter.

Section 11-43-230.     Notice, proceeding, or publication, except those required in this chapter, are not necessary to the performance of any act authorized in this chapter nor is any act of the bank subject to any referendum.

Section 11-43-240.     All money of the bank, except as authorized by law or provided in this chapter, must be deposited with and invested by the State Treasurer. Funds of the bank not needed for immediate use or disbursement may be invested by the State Treasurer in obligations or securities which are declared to be legal obligations by the provisions of Section 11-9-660. All federal funds must be invested as required by applicable federal law.

Section 11-43-250.     Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program. An independent certified public accountant shall perform an audit of the books and accounts of the bank at least once in each state fiscal year.

Section 11-43-260.     This chapter, being for the welfare of this State and its inhabitants, must be liberally construed to effect the purposes specified in this chapter. However, nothing in this chapter must be construed as affecting any proceeding, notice, or approval required by law for the issuance by a government unit or private entity of the loan obligations, instruments, or security for loan obligations.

Section 11-43-270.     If any provision of this chapter is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is severable from the remaining provisions of the chapter and that the holding does not invalidate or render unenforceable another provision of the chapter.

Article 3
South Carolina Transportation Infrastructure Bank Revenue Bonds

Section 11-43-310.     As used in this article, unless a different meaning clearly appears from the context:

(1)     'Bank' means the South Carolina Transportation Infrastructure Bank.

(2)     'Bonds' means any bonds, notes, debentures, interim certificates, grant or revenue anticipation notes, or any other evidence of indebtedness of the bank incurred pursuant to this article.

Section 11-43-315.     Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any bonds then outstanding, the bank may issue bonds as provided in this article. The review and approval of the Joint Bond Review Committee must be obtained prior to the issuance of the bonds.

Section 11-43-320.     The bank may pledge any of its revenue or funds to the payment of its bonds, subject only to any prior agreements with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any loan obligation owned by the bank, any grant, contribution, or guaranty from the United States, the State, or any corporation, association, institution, or person, any other property or assets of the bank, or a pledge of any money, income, or revenue of the bank from any source.

Section 11-43-330.     Bonds issued by the bank do not constitute a debt or a pledge of the full faith and credit of this State, or any of its political subdivisions other than the bank, but are payable solely from the revenue, money, or property of the bank as provided in this chapter. The bonds issued do not constitute an indebtedness of the State within the meaning of any constitutional or statutory limitation. No member of the bank or any person executing bonds of the bank is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this article must contain on its face a statement to the effect that:

(1)     neither the State, nor any of its political subdivisions, nor the bank is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the bank pledged;

(2)     neither the full faith and credit nor the taxing power of the State, or any of its political subdivisions, is pledged to the payment of the principal of or interest on the bond;

(3)     the bank does not have taxing power.

Section 11-43-340.     The bonds of the bank must be authorized by a resolution of the bank. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than forty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the bank prior to their issuance. The bonds may bear interest payable at a time and at a rate as determined by the bank, including the determination by agents designated by the bank under guidelines established by it. Bonds may be sold by the bank at public or private sale at the price it determines and approves. The State Treasurer shall issue the bonds of the bank not later than sixty days upon the resolution of the bank authorizing the issuance of the bonds.

Section 11-43-350.     (A)     Bonds may be secured by a trust indenture between the bank and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the bank in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The bank may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the bank to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the bank under the trust indenture may be treated as part of its operating expenses.

(B)     Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to:

(1)     pledging all or any part of the revenue of the bank to secure the payment of the bonds;

(2)     pledging all or any part of the assets of the bank including loan obligations owned by it to secure the payment of the bonds;

(3)     the use and disposition of the gross income from, and payment of the principal of, and interest on loan obligations owned by the bank;

(4)     the establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition;

(5)     limitations on the purposes to which the proceeds from the sale of the bonds may be applied, and limitations on pledging the proceeds to secure the payment of the bonds;

(6)     limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;

(7)     the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent to, and the manner in which any consent may be given;

(8)     limitations on the amount of money to be expended by the bank for its operating expenses;

(9)     vesting in a trustee property, rights, powers, and duties as the bank may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee;

(10)     defining the acts or omissions which constitute a default, the obligations or duties of the bank to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter of right the appointment of a receiver, and all other rights generally available to creditors;

(11)     requiring the bank or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of and interest on loan obligations owned by the bank or held by a trustee, which may be authorized by the laws of this State; and

(12)     any other matter relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.

Section 11-43-360.     Any pledge made by the bank is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the bank is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the bank, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing the bonds, or any other instrument including filings under the Uniform Commercial Code is necessary to create or perfect any pledge or security interest granted by the bank to secure any bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.

Section 11-43-370.     The bank, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the bank with any available funds, at any reasonable price. If the bonds are then redeemable, the price must not exceed the redemption price then applicable plus accrued interest to the next interest payment date.

Section 11-43-380.     Bonds of the bank must be in a form and must be executed in a manner prescribed by the bank.

Section 11-43-390.     If any of the members or officers of the bank cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.

Section 11-43-400.     Subsequent amendments to this article may not limit the rights vested in the bank with respect to any agreements made with, or remedies available to, the holders of bonds issued under this article before the enactment of the amendments until the bonds, with all premiums and interest on them, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.

Section 11-43-410.     Any bonds issued by the bank, the transfer of bonds, and the income from them, are free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.

Section 11-43-420. The bonds issued by the bank are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the State, may invest funds in their control or belonging to them. The bonds of the bank are also securities which may be deposited with and received by all public officers and bodies of the State or any agency or political subdivision of the State and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be required by law.

Article 5
Transportation Infrastructure Bank General Obligation Bonds

Section 11-43-510.     As used in this article:

(1)     'Board' means the Board of Directors of the South Carolina Transportation Infrastructure Bank.

(2)     'State board' means the State Budget and Control Board.

(3)     'Transportation infrastructure bonds' means all general obligation bonds of this State designated as transportation infrastructure bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.

Section 11-43-520.     Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any transportation infrastructure bonds then outstanding, the board may make a request to the state board for the issuance of transportation infrastructure bonds pursuant to this article. This request may be in the form of a resolution adopted at any regular or special meeting of the board. The request shall set forth on the face thereof or by schedules attached thereto:

(1)     the amount then required for qualified projects;

(2)     a tentative time schedule setting forth the period of time during which the sum requested will be expended; and

(3)     a debt service table showing the annual principal and interest requirements for all the transportation infrastructure bonds then outstanding.

Section 11-43-530.     Following the receipt of any request pursuant to Section 11-43-520, the state board shall review the same and it shall approve such request, by resolution duly adopted, to effect the issuance of transportation infrastructure bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.

Section 11-43-540.     The issuance of transportation infrastructure bonds is subject to the limitations contained in Article X, Section 13(6)(c) of the Constitution of this State. Within such limitations, transportation infrastructure bonds may be issued for qualified projects or to refund transportation infrastructure bonds from time to time under the conditions prescribed by this article. The review and approval of the Joint Bond Review Committee must be obtained prior to the issuance of any transportation infrastructure bonds. No transportation infrastructure bonds may be issued unless the board has a source of revenues to reimburse the general fund for the principal and interest on the bonds.

Section 11-43-550.     For the payment of the principal of and interest on all transportation infrastructure bonds, whether or not outstanding or hereafter issued, as they come due, there is pledged the full faith, credit, and taxing power of this State. In addition to the full faith, credit, and taxing power, there also may be pledged such revenue as may be available to the board and the State Treasurer is authorized to use such revenue when pledged, without further action of the board, for the payment of the principal and interest on transportation infrastructure bonds as the same respectively mature.

Section 11-43-560.     The board is authorized to request the state board to issue transportation infrastructure bonds. In order to effect the issuance of bonds pursuant to this article, the state board may adopt a resolution providing for the issuance of transportation infrastructure bonds, upon written request by the board, and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver transportation infrastructure bonds in accordance with the terms and conditions of such resolution. This resolution must set forth:

(1)     the amount, denomination, and numbering of transportation infrastructure bonds to be issued;

(2)     the date as of which the same shall be issued;

(3)     the maturity schedule for the retirement of the transportation infrastructure bonds;

(4)     the redemption provisions, if any, applicable to the bonds;

(5)     the maximum rate or rates of interest the bonds shall bear;

(6)     the purposes for which the bonds are to be issued;

(7)     the occasion on which bids shall be received for the sale of the bonds;

(8)     the form of advertisement of sale;

(9)     the form of the bonds of the particular issue; and

(10)     such other matters as may be considered necessary in order to effect the sale, issuance, and delivery thereof.

Section 11-43-570.     Following receipt of a certified copy of the resolution of the state board the Governor and State Treasurer shall issue transportation infrastructure bonds in accordance with the provisions of the resolution of the state board.

Section 11-43-580.     Transportation infrastructure bonds shall be issued in such form, in such denominations, and with such provisions as to time, place, or places and medium of payment as may be determined by the state board, subject to the provisions of this article.

Section 11-43-590.     Transportation infrastructure bonds must be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds are subject to transfer under such conditions as the state board prescribes.

Section 11-43-600.     Transportation infrastructure bonds shall bear interest, payable on such occasions as shall be prescribed not more than thirty years after such date. Such installments or series may be equal or unequal in amount. Transportation infrastructure bonds, in the discretion of the state board, may be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. Transportation infrastructure bonds are not redeemable before maturity unless they contain a statement to that effect.

Section 11-43-610.     All transportation infrastructure bonds issued under this article, and the interest thereon, are exempt from all state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by this State, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, or transfer taxes.

Section 11-43-620.     Transportation infrastructure bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds must be awarded to the bidder offering to purchase the transportation infrastructure bonds at the lowest net interest cost to the State at a price of not less than ninety-nine percent of par and accrued interest to the date of delivery, but the right is reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.

Section 11-43-630.     The proceeds derived from the sale of transportation infrastructure bonds must be applied only to the purposes set forth in the resolution of the state board pursuant to which the bonds are issued."

SECTION     3.     Section 57-3-615 of the 1976 Code, as last amended by Act 52 of 1995, is further amended by adding a new paragraph at the end to read:

"No toll may be imposed on passage of any vehicle on federal interstate highways in this State which were in existence as of January 1, 1997, unless the imposition is otherwise affirmatively approved by the General Assembly in separate legislation enacted solely for that purpose."

SECTION     4.     Section 56-3-910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-910.     All fees and penalties collected by the department under the provisions of this chapter shall be placed in the state general fund except for fees and penalties collected pursuant to Sections 56-3-660 and 56-3-670 which must be placed in the state highway account of the South Carolina Transportation Infrastructure Bank.

Beginning in fiscal year 1998-99, one-half of the revenues are remitted to the bank in fiscal year 1998-99, and the entirety of the revenue is remitted to the bank in fiscal year 1999-00 and thereafter."

SECTION     5.     This act takes effect upon approval by the Governor except that the provisions of Section 4 are effective July 1, 1998./

Amend title to conform.

/s/Senator John C. Land, III      /s/Rep. Alfred B. Robinson, Jr.
/s/Senator Luke Rankin            /s/Rep. Lewis R. Vaughn
/s/Senator Arthur Ravenel         /s/Rep. Mark S. Kelley
On Part of the Senate.                 On Part of the House.

Rep. KELLEY explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 4339 -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF FORMER SPARTANBURG COUNTY ADMINISTRATOR HUBERT E. JOHNSON AND TO EXTEND DEEPEST SYMPATHY TO THE FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4340 -- Reps. Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WILLIAM H. BAXLEY, JR., OF HARTSVILLE, SOUTH CAROLINA, ON THE SPECIAL OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY ON SEPTEMBER 7, 1997, AND EXTEND TO THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

Whereas, William H. "Bill" Baxley, Jr., and Merle Lee Davis were married on September 7, 1947, at the First Baptist Church in Hartsville, South Carolina; and

Whereas, their union has been blessed with fifty years of love, happiness, and deep commitment to one another; and

Whereas, when Bill Baxley first saw Merle Davis, he thought her to be the most intelligent, good-hearted, and beautiful woman he had ever witnessed and was greatly taken with her; and

Whereas, Merle Davis, when first introduced to Bill Baxley, thought him to be the smartest, most courteous, and most handsome man she had ever met, and was greatly taken with him; and

Whereas, Merle Davis's love and prayers sustained Bill Baxley during his World War II service in the Pacific theater, and upon his return he asked for her hand in marriage; and

Whereas, Bill Baxley, a chemical engineer by training, worked for forty-three years for Sonoco Products Company, bringing great innovation and prosperity to that company, contributing significantly to the economic advancement of our State, while Merle Davis Baxley, a devoted homemaker, has given great service to our State as a public school teacher for thirty years, helping to improve the lives of others; and

Whereas, of this union was born four sons, Bill, Jr., Luke, Mike, and Tim, and seven grandchildren, all of whom are grateful for the love of family and commitment to one another instilled in them by this loving couple; and

Whereas, the State of South Carolina has previously honored the Baxley family for their outstanding character, exemplary lives, and commitment to family values by honoring them as the 1985 South Carolina Family of the Year; and

Whereas, Bill and Merle Baxley are particularly popular among the members of our General Assembly for Merle's delectable home baked cookies she sends to us each week by her son, our own Rep. J. Michael Baxley; and

Whereas, Bill and Merle Baxley, through the years, continue to exemplify an ideal and enviable partnership as husband and wife together and have always put God and family as top priorities in their lives. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, hereby congratulate Mr. and Mrs. William H. Baxley, Jr., on the special occasion of their fiftieth wedding anniversary on September 7, 1997, and extend to them best wishes for many more years together.

Be it further resolved that a copy of this resolution be forwarded to Mr. and Mrs. William H. Baxley, Jr.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

R. 222, H. 3400--GOVERNOR'S VETO RECEIVED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 14, 1997
Dear Mr. Speaker and Members of the House:

I am returning H. 3400, R. 222, the 1997-98 Appropriations Act, with vetoes.

I congratulate the General Assembly for landmark achievements on behalf of South Carolina families. This budget includes many elements that will be good for grandparents, parents, and children alike. It has income tax cuts for senior citizens, another historic round of property tax cuts, and a continued commitment to tax credits for families with children under age 6.

I am pleased that the General Assembly has agreed to protect property taxpayers by making sure more than 90 percent of money going into the Property Tax Relief Fund comes from recurring dollars.

This budget also protects and enhances opportunity for our most vulnerable citizens -- our children. For example, because of this Act, 50,000 more children will get health care under my Partners for Healthy Children initiative.

But of all the achievements of this Act, I am most proud of the commitment the General Assembly is showing to improve South Carolina's schools. For the first time in our history, teachers will be paid above the Southeastern average. Credit requirements for high school graduation will increase. Parents will have another tool to save for college in the tuition prepayment program. Optional full-day kindergarten will be available to more students. We maintained our commitment to school technology, college scholarships, and funding for school buildings.

While the overall budget is one of which we can all be proud, there is one area of concern. Last year I requested and the General Assembly funded numerous tax deductions for businesses in this State, including a phase-in of the manufacturer's depreciation rate. I fully funded this in my 1997-98 Executive Budget; however, the General Assembly only partially funded the deduction, reducing the tax relief promised to the business community. I have vetoed Section 44 of Part II, thereby fulfilling our original pledge. To fund this commitment, I have vetoed several items in Part IA, Part III, and the Capital Reserve Fund.

Overall, the General Assembly should be congratulated for the accomplishments of this budget. I look forward to working with its members for another historic year in 1998.

Part IA

Veto 1     Part IA, Section 17B, Budget and Control Board, page 58, line 34, Capitol Complex Rent, $1,986,339

Part IB

Veto 2     Part IB, Section 17C.15, page 407, Budget and Control Board, Division of Budget and Analyses: OHR - Pre-Approved Pay Plan

I am vetoing this item because it requires approval by the Budget and Control Board and reporting to the General Assembly. At a time when we are encouraging innovation and flexibility in state agency personnel management and operations, these added requirements may act as impediments and discourage new ideas.

Veto 3     Part IB, Section 19.40, page 432, Department of Education: Project Citizen

I am vetoing this item which allocates $9,100 to the Center for Civic Education and request the State Board of Education to examine Project Citizen and other proposed civic education projects for grades six through nine. I want to ensure the curriculum is compatible with a core academic civics curriculum and the appropriate South Carolina Curriculum Frameworks.

Veto 4     Part IB, Section 29.16, page 459, Department of Health and Human Services: Family Planning

I am vetoing this item because it calls for $156,000 in state funds to be spent on family planning services through the South Carolina Department of Health and Human Services. The Department of Health and Human Services informs me that this unnecessarily restricts their flexibility in family planning services. Moreover, the State of South Carolina already spends $25.4 million on family planning services (DHEC spends $17.8 million and DHHS spends $7.6 million). DHHS has assured me that this veto will have no impact on the effectiveness of their service delivery in this area.

Veto 5     Part IB, Section 30.21, page 468-469, Department of Health and Environmental Control: Vital Records Fees,
Line 16 on page 468 that reads: "Records Search (includes one certification, if located)     $12.00",
Lines 21-25 on page 468 that read:
"Special Filing Fees (additional to research fee)
(1)     Correction of certificate by affidavit     $15.00
(2)         Amended certificate (adoption, legitimation, court order, paternity acknowledgment)     $15.00
(3)     Delayed Registration of Birth     $15.00"
and
the sentence contained on lines 1-3 on page 469 that reads: "Any fee increase above the state fiscal year 1997 fee structure shall be returned to the Vital Records Central Office (Office of Public Health Statistics and Information Systems, Division of Vital Records)."

I am vetoing these items because they contain and relate to fee increases. It was not my desire to veto the existing fees as contained in the 1996-97 Appropriations Act; however, because these fees are written as Part IB provisos, it is impossible for me to veto only the fee increases. I will work with the leadership of the General Assembly to ensure that the original fees are restored as soon as possible.

Veto 6     Part IB, Section 33.4, page 478, Department of Alcohol and Other Drug Abuse Services: Chemical Dependency Programs, the last four sentences of the proviso contained in lines 16 - 28 which read:

"The department will present a report to the Governor's Office, to the Senate Finance Committee and to the House Ways and Means Committee no later than December 1, 1997. The department is authorized to spend one half of the appropriated funds for this project for the first six months of the current fiscal year. The remaining funds for this project for the second half of the fiscal year may only be spent upon the written approval of the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee after receipt and written approval of the progress report submitted to them on December 1, 1997. The department is required to include in their progress report due December 1, 1997, budgetary information on the matching funds for the programs from all sources including, but not limited to, state, federal, county and other local funds."

I am vetoing these items because restrictions should not be placed on agency funding levels at mid-year. Moreover, the Bridge program is very successful and should be allowed to operate without undue interruption.

Veto 7     Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds

I am vetoing this item because I object to taking $100,000 from the Department of Public Safety. While the program is admirable, it should be funded from a direct appropriation rather than a transfer from Public Safety. The Department of Public Safety is on the front lines every day maintaining the safety of our highways and needs all of its appropriated funding.

Veto 8     Part IB, Section 47.14, page 497, Department of Natural Resources: Field Trial Permits

I am vetoing this item because it unnecessarily raises a fee on field trial permits.

Veto 9     Part IB, Section 49.8, page 498, Department of Parks, Recreation and Tourism: State Park Funding

I am vetoing this item because it is unnecessary. Under my direction, Parks, Recreation and Tourism will continue to consult with members of the General Assembly regarding any possible changes in planning and development of our state park system.

Veto 10     Part IB, Section 49.9, page 499, Department of Parks, Recreation and Tourism: PRT Report Submission

I am vetoing this item because it is unnecessary. Any report prepared by PRT is already available to members of the General Assembly upon request.

Veto 11     Part IB, Section 72.42, pages 538-539, General Provision: State Owned Aircraft - Maintenance Logs, the last two sentences contained in the proviso, contained in lines 24-27 that read: "The Ethics Commission is authorized to make investigations of state agency records relating to these reporting requirements. Officials violating the 48 hour reporting requirement in this paragraph are subject to a non-suspendable $100 fine."

I am vetoing these items because it is not clear what the General Assembly intended the Ethics Commission to do under these provisions. The Commission is charged with investigating complaints and violations under the Ethics Act, not general fraud or mismanagement. Further, it is unclear as to whether the imposed fine is criminal or civil and whether it would be paid to the Ethics Commission, a court, or the General Fund. While I enthusiastically support the goal of stopping fraud and mismanagement, l do not believe these items accomplish their intended goal.

Veto 12     Part IB, Section 72.73, page 547, General Provision: Victim / Witness Personnel

I am vetoing this item because it is unnecessary. While I agree that the coordination of services and information is crucial to the effective assistance of victims, it is obvious from the passage of the Victims' Bill of Rights Constitutional Amendment by the citizens and of the enabling language by the General Assembly that there are numerous additional entities that provide services to victims. These groups should be included in any efforts of this type. This goal can be accomplished without legislation.

Veto 13     Part IB, Section 72.74, pages 547-548, General Provision: Boards of Dentistry & Accountancy Study

I am vetoing this item because any study relating to the transfer of Professional and Occupational Licensing Associations (POLAs) from the Department of Labor, Licensing and Regulation should be part of comprehensive review of the operations and status of all POLAs within the department.

Veto 14     Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device

I am vetoing this item because it takes funds that are appropriated to the Department of Commerce. I support the efforts of the S.C. Institute of Archaeology and Anthropology, University of South Carolina, to acquire such a device; however, I believe it should be purchased with funds other than ones dedicated to bringing more jobs to South Carolinians. I commit to work with the General Assembly to identify funding to purchase equipment for this important project.

Part II

Veto 15     Part II, Section 28, pages II-22 through II-23, Elections Made by Retiring Judges

I am vetoing this section because the language is identical to provisions which are contained in S. 70, R. 52 of 1997, which I signed into law on May 21, 1997.

Veto 16     Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services

I am vetoing this section because it establishes state support for a program that has historically been federally funded. While the program may be worthwhile, this kind of substantial change in civil court filing fees and the issue of South Carolina's increasing financial burden of under funded federal programs bears closer scrutiny in the general legislative process.

Veto 17     Part II, Section 44, pages II-34 and II-35, Manufacturer's Depreciation

Last year we passed significant tax reductions for businesses in South Carolina. The manufacturer's depreciation passed last year will help companies retool and expand, creating more jobs for South Carolinians. I fully funded this promised tax reduction with $10.2 million in my proposed FY 1997-98 Executive Budget. The Legislature extended the phase-in another year and only funded $5.3 million in this budget. We cannot retreat on our commitment to businesses and their employees. Therefore, I am vetoing Section 44 because it unnecessarily reduces the amount of tax relief for the depreciation. Along with the veto of Section 44, I am vetoing $4.7 million in appropriations to pay for this action.

Veto 18     Part II, Section 46, page II-35, Motorcycle Rider Safety Education Program

I am vetoing this section because I object to taking $100,000 from the Department of Public Safety. While the program is admirable, it should be funded from a direct appropriation rather than a transfer from Public Safety. The Department of Public Safety is on the front lines every day maintaining the safety of our highways and needs all of its appropriated funding.

Veto 19     Part II, Section 54, pages II-39 through II-50, Items A, I, L, M, N, P, R, and the first sentence of item S that reads: "Subsections A, I, L, M, N, P, and R of the section are effective November 1, 1997." Video Poker

I am vetoing Item I because it opens the door for unlimited video poker payouts. I am vetoing the remaining items because they are identical to language contained in S. 207, R. 119 of 1997, which I signed into law on June 6, 1997.

Veto 20     Part II, Section 64, pages II-58 through II-60, the item which begins on line 10 and ends on line 11 of page II-59 which reads: ", with the advice and consent of the Senate," Drug Awareness Resistance Education Fund

I am vetoing this item because it is unnecessary. Since the Governor is required to choose from professional law enforcement officers and educators in making his appointments to the board of directors for this program, there is no need for this added step.

Veto 21     Part II, Section 70, pages II-65 and II-66, South Carolina State Employees' Association Participation in the State Health Plan

I am vetoing this section because I believe that while such an action may be worthwhile, it should be considered and reviewed through the general legislative process.

Veto 22     Part II, Section 74, pages II-68 through II-74, Section 11-42-70 which begins on line 24 of page II-71 and ends on line 11 of page II-72, Comprehensive Infrastructure Development Act

I am vetoing this item because the advisory council it creates is unwieldy. The membership should be more reflective of economic development professionals. Nothing prohibits the Budget and Control Board from appointing an advisory council and I, as Chairman of the Board, will consult and work with the leadership of the General Assembly to establish an appropriate advisory council.

Veto 23     Part II, Section 76, page II-74, Georgetown Water and Sewer District

I am vetoing this section because I believe it is unconstitutional. Article VIII, Section 34 of the South Carolina Constitution prohibits the enactment of a special law where a general law can be made applicable.

Veto 24     Part II, Section 79, pages II-75 through II-81, Local Sales and Use Taxes for Transportation Facilities

I am vetoing this section because the language is identical to provisions which are contained in S. 233, R. 192 of 1997, which I signed into law on June 13, 1997.

Part III

Veto 25     Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000

I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.

Veto 26     Part III, Section 2, page III-5, Item (28) (b), Department of Natural Resources, Heritage Trust, $100,000

I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.

Veto 27     Part III, Section 2, page III-5, Item (32), Indigent Defense, Maintenance of Current Programs, $594,068

I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.

Veto 28     Part III, Section 2, pages III-5 through III-6, Items (37)(a), (b), and (c), State Election Commission, $75,000, $27,000, and $15,000, respectively.

I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.

Veto 29     Part III, Section 2, page III-6, Item (38), Parks, Recreation and Tourism, Palmetto Trails, $75,000

I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.

Veto 30     Part III, Section 2, page III-7, Item (52), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils, $125,000

I am vetoing the funds for the Adolescent Pregnancy Prevention Councils because they are largely duplicative of services already provided through the Department of Health and Environmental Control.

Veto 31     Part III, Section 2, pages III-7 through III-9, Item (52.1), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils

I am vetoing the funds for the Adolescent Pregnancy Prevention Councils because they are largely duplicative of services already provided through the Department of Health and Environmental Control.

For the above reasons, I am vetoing the sections and items indicated above.

Sincerely,
David M. Beasley

Part IA
VETO 1--SUSTAINED

Veto 1     Part IA, Section 17B, Budget and Control Board, page 58, line 34, Capitol Complex Rent, $1,986,339

Rep. SHEHEEN spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 46; Nays 63

Those who voted in the affirmative are:

Askins                 Battle                 Baxley
Boan                   Breeland               Brown, H.
Brown, T.              Canty                  Carnell
Cave                   Cobb-Hunter            Davenport
Gourdine               Govan                  Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Kirsh                  Lee
Lloyd                  Mack                   Maddox
McCraw                 McLeod                 Miller
Moody-Lawrence         Neal                   Neilson
Parks                  Phillips               Pinckney
Rhoad                  Robinson               Scott
Sheheen                Smith, F.              Smith, J.
Spearman               Stille                 Stoddard
Stuart                 Whipper                Wilder
Wilkes

Total--46

Those who voted in the negative are:

Allison                Altman                 Bailey
Barfield               Barrett                Bauer
Beck                   Brown, J.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney
Easterday              Felder                 Fleming
Gamble                 Harrell                Harris, A
Harvin                 Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kennedy                Kinon
Knotts                 Koon                   Lanford
Law                    Leach                  Limbaugh
Limehouse              Loftis                 Martin
Mason                  McKay                  McMaster
Meacham                Mullen                 Quinn
Rice                   Riser                  Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, R.              Tripp
Trotter                Vaughn                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--63

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

Part IB
VETO 2--SUSTAINED

Veto 2     Part IB, Section 17C.15, page 407, Budget and Control Board, Division of Budget and Analyses: OHR - Pre-Approved Pay Plan

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 34; Nays 69

Those who voted in the affirmative are:

Battle                 Bowers                 Breeland
Brown, T.              Canty                  Carnell
Cobb-Hunter            Davenport              Felder
Gourdine               Hines, M.              Hodges
Howard                 Inabinett              Lee
Lloyd                  Mack                   McLeod
Miller                 Moody-Lawrence         Neal
Parks                  Phillips               Pinckney
Rhoad                  Scott                  Sharpe
Sheheen                Smith, F.              Smith, J.
Stoddard               Vaughn                 Whipper
Wilder

Total--34

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Bauer                  Baxley                 Beck
Boan                   Brown, G.              Brown, H.
Brown, J.              Campsen                Cato
Cotty                  Dantzler               Delleney
Easterday              Fleming                Gamble
Hamilton               Harrell                Harris, A
Harvin                 Haskins                Hawkins
Hines, J.              Hinson                 Jordan
Keegan                 Kennedy                Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Limbaugh
Limehouse              Martin                 Mason
McCraw                 McKay                  McMaster
Meacham                Mullen                 Neilson
Quinn                  Rice                   Riser
Rodgers                Sandifer               Seithel
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Trotter
Walker                 Webb                   Whatley
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--69

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 3--SUSTAINED

Veto 3     Part IB, Section 19.40, page 432, Department of Education: Project Citizen

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 33; Nays 73

Those who voted in the affirmative are:

Battle                 Baxley                 Bowers
Breeland               Brown, T.              Carnell
Cave                   Cobb-Hunter            Gourdine
Govan                  Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Lee                    Lloyd                  Mack
McLeod                 McMahand               Miller
Moody-Lawrence         Parks                  Pinckney
Rhoad                  Scott                  Sheheen
Smith, F.              Smith, J.              Stoddard
Whipper                Wilder                 Wilkes

Total--33

Those who voted in the negative are:

Altman                 Askins                 Bailey
Barrett                Bauer                  Beck
Boan                   Brown, H.              Campsen
Cato                   Chellis                Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harris, A.             Harrison
Harvin                 Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Knotts                 Koon                   Law
Leach                  Limbaugh               Limehouse
Littlejohn             Loftis                 Martin
Mason                  McCraw                 McKay
McMaster               Meacham                Neilson
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Tripp                  Trotter                Walker
Webb                   Whatley                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--73

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 4--SUSTAINED

Veto 4     Part IB, Section 29.16, page 459, Department of Health and Human Services: Family Planning

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 53; Nays 61

Those who voted in the affirmative are:

Askins                 Bailey                 Battle
Bauer                  Baxley                 Boan
Bowers                 Breeland               Brown, G.
Brown, T.              Canty                  Carnell
Cave                   Cobb-Hunter            Cromer
Davenport              Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Kinon
Knotts                 Lanford                Lee
Lloyd                  Mack                   Maddox
Martin                 McCraw                 McLeod
Miller                 Moody-Lawrence         Mullen
Neal                   Parks                  Phillips
Pinckney               Scott                  Seithel
Smith, F.              Smith, J.              Spearman
Stoddard               Stuart                 Whipper
Wilder                 Wilkes

Total--53

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown, H.
Brown, J.              Campsen                Cato
Chellis                Cotty                  Dantzler
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harris, A
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Limbaugh               Limehouse              Loftis
Mason                  McKay                  McMaster
Meacham                Neilson                Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Tripp                  Trotter                Vaughn
Webb                   Whatley                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--61

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I inadvertently voted no but fully intended to vote yes on Veto 4.

Rep. JOE McMASTER

VETO 5--SUSTAINED

Veto 5     Part IB, Section 30.21, page 468-469, Department of Health and Environmental Control: Vital Records Fees,
Line 16 on page 468 that reads: "Records Search (includes one certification, if located)     $12.00",
Lines 21-25 on page 468 that read:
"Special Filing Fees (additional to research fee)
(1)     Correction of certificate by affidavit     $15.00
(2)         Amended certificate (adoption, legitimation, court order, paternity acknowledgment)     $15.00
(3)     Delayed Registration of Birth     $15.00"
and
the sentence contained on lines 1-3 on page 469 that reads: "Any fee increase above the state fiscal year 1997 fee structure shall be returned to the Vital Records Central Office (Office of Public Health Statistics and Information Systems, Division of Vital Records)."

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 18; Nays 91

Those who voted in the affirmative are:

Battle                 Breeland               Brown, G.
Canty                  Carnell                Cobb-Hunter
Delleney               Gourdine               Howard
Mack                   Miller                 Neal
Parks                  Pinckney               Smith, F.
Stoddard               Wilder                 Wilkes

Total--18

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Baxley                 Beck                   Boan
Bowers                 Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Cato                   Cave                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Felder                 Fleming                Gamble
Govan                  Hamilton               Harrell
Harris, A.             Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Loftis                 Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 Meacham
Moody-Lawrence         Mullen                 Neilson
Phillips               Rhoad                  Rice
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Spearman               Stille
Stuart                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--91

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 6--SUSTAINED

Veto 6     Part IB, Section 33.4, page 478, Department of Alcohol and Other Drug Abuse Services: Chemical Dependency Programs, the last four sentences of the proviso contained in lines 16 - 28 which read:

"The department will present a report to the Governor's Office, to the Senate Finance Committee and to the House Ways and Means Committee no later than December 1, 1997. The department is authorized to spend one half of the appropriated funds for this project for the first six months of the current fiscal year. The remaining funds for this project for the second half of the fiscal year may only be spent upon the written approval of the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee after receipt and written approval of the progress report submitted to them on December 1, 1997. The department is required to include in their progress report due December 1, 1997, budgetary information on the matching funds for the programs from all sources including, but not limited to, state, federal, county and other local funds."

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 21; Nays 84

Those who voted in the affirmative are:

Battle                 Breeland               Brown, G.
Canty                  Cobb-Hunter            Harvin
Hines, M.              Hodges                 Howard
Kennedy                Lee                    Lloyd
Mack                   Maddox                 McLeod
Miller                 Neal                   Pinckney
Scott                  Smith, J.              Stoddard

Total--21

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Barrett                Bauer
Baxley                 Beck                   Boan
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris, A.             Harrison
Haskins                Hawkins                Hines, J.
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Limbaugh
Limehouse              Loftis                 Martin
Mason                  McCraw                 McMaster
Meacham                Moody-Lawrence         Neilson
Parks                  Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Tripp                  Trotter
Vaughn                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--84

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 7--SUSTAINED

Veto 7     Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds

Rep. SEITHEL spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 76; Nays 40

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Battle                 Bauer
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, T.
Byrd                   Canty                  Carnell
Cato                   Cave                   Chellis
Cobb-Hunter            Davenport              Delleney
Gourdine               Govan                  Harris, A
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kinon                  Knotts
Koon                   Lanford                Lee
Limbaugh               Lloyd                  Mack
Maddox                 Martin                 McCraw
McKay                  McLeod                 Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rhoad
Robinson               Rodgers                Scott
Seithel                Sheheen                Smith, D.
Smith, F.              Smith, J.              Spearman
Stille                 Stoddard               Stuart
Tripp                  Vaughn                 Whatley
Whipper                Wilder                 Wilkes
Young-Brickell

Total--76

Those who voted in the negative are:

Barfield               Barrett                Beck
Bowers                 Campsen                Cooper
Cotty                  Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Hinson                 Jordan                 Keegan
Kennedy                Kirsh                  Law
Leach                  Limehouse              Loftis
Mason                  McMaster               Meacham
Rice                   Riser                  Sandifer
Sharpe                 Simrill                Smith, R.
Trotter                Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young

Total--40

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 8--SUSTAINED

Veto 8     Part IB, Section 47.14, page 497, Department of Natural Resources: Field Trial Permits

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 10; Nays 81

Those who voted in the affirmative are:

Breeland               Carnell                Cobb-Hunter
Hines, M.              Howard                 Lee
Lloyd                  Mack                   McMahand
Neal

Total--10

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Brown, H.
Brown, T.              Campsen                Cato
Chellis                Cotty                  Dantzler
Davenport              Delleney               Easterday
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris, A.             Harrison
Harvin                 Hawkins                Hines, J.
Hinson                 Hodges                 Inabinett
Jordan                 Keegan                 Kirsh
Koon                   Lanford                Law
Leach                  Limbaugh               Limehouse
Mason                  McCraw                 McKay
McLeod                 McMaster               Miller
Moody-Lawrence         Neilson                Parks
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Tripp                  Trotter
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkins
Woodrum                Young                  Young-Brickell

Total--81

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 9--SUSTAINED

Veto 9     Part IB, Section 49.8, page 498, Department of Parks, Recreation and Tourism: State Park Funding

Reps. PARKS, BAXLEY, BOWERS and HODGES spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 71; Nays 41

Those who voted in the affirmative are:

Allison                Askins                 Barfield
Battle                 Bauer                  Baxley
Boan                   Bowers                 Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Carnell                Cobb-Hunter
Cotty                  Cromer                 Davenport
Delleney               Gamble                 Gourdine
Govan                  Harris, A.             Harvin
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Kinon
Kirsh                  Knotts                 Koon
Lanford                Lee                    Littlejohn
Lloyd                  Mack                   Maddox
Martin                 McCraw                 McLeod
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Parks
Phillips               Rice                   Robinson
Rodgers                Scott                  Seithel
Sheheen                Smith, D.              Smith, F.
Spearman               Stille                 Stoddard
Stuart                 Tripp                  Trotter
Vaughn                 Whipper                Wilder
Wilkes                 Witherspoon

Total--71

Those who voted in the negative are:

Altman                 Barrett                Beck
Brown, H.              Campsen                Cato
Cave                   Chellis                Dantzler
Easterday              Felder                 Fleming
Hamilton               Harrell                Haskins
Hinson                 Jordan                 Keegan
Kelley                 Law                    Leach
Limbaugh               Limehouse              Loftis
Mason                  McKay                  McMaster
Meacham                Quinn                  Rhoad
Riser                  Sandifer               Sharpe
Simrill                Smith, R.              Walker
Whatley                Wilkins                Woodrum
Young                  Young-Brickell

Total--41

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 7--RECONSIDERED AND OVERRIDDEN

Rep. LAW moved to reconsider the vote whereby Veto 7 was sustained.

Rep. SIMRILL moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 21; Nays 87

Those who voted in the affirmative are:

Beck                   Cotty                  Dantzler
Easterday              Fleming                Hamilton
Jordan                 Kelley                 Kirsh
Leach                  Loftis                 McMaster
Meacham                Rice                   Sandifer
Simrill                Smith, R.              Stille
Townsend               Woodrum                Young

Total--21

Those who voted in the negative are:

Altman                 Askins                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Boan
Bowers                 Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Canty                  Carnell
Cato                   Cave                   Chellis
Cobb-Hunter            Cromer                 Davenport
Delleney               Edge                   Felder
Gamble                 Gourdine               Govan
Harrell                Harris, A.             Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Keegan                 Kinon                  Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Mack
Martin                 McCraw                 McKay
McLeod                 McMahand               Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Quinn                  Riser                  Robinson
Scott                  Seithel                Sharpe
Sheheen                Smith, F.              Smith, J.
Spearman               Stoddard               Stuart
Tripp                  Trotter                Vaughn
Whatley                Whipper                Wilder
Wilkes                 Witherspoon            Young-Brickell

Total--87

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 94; Nays 12

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Canty
Carnell                Cato                   Cave
Chellis                Cobb-Hunter            Davenport
Delleney               Easterday              Felder
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris, A.
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Kinon
Koon                   Lanford                Law
Leach                  Limbaugh               Littlejohn
Lloyd                  Mack                   Maddox
McCraw                 McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Mullen
Parks                  Phillips               Quinn
Rhoad                  Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Young
Young-Brickell

Total--94

Those who voted in the negative are:

Cotty                  Dantzler               Fleming
Jordan                 Keegan                 Kirsh
Lee                    Limehouse              Neal
Rice                   Simrill                Woodrum

Total--12

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

VETO 10--SUSTAINED

Veto 10     Part IB, Section 49.9, page 499, Department of Parks, Recreation and Tourism: PRT Report Submission

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 19; Nays 90

Those who voted in the affirmative are:

Battle                 Boan                   Breeland
Byrd                   Canty                  Cobb-Hunter
Cotty                  Cromer                 Hodges
Howard                 Lloyd                  Mack
McLeod                 McMahand               Miller
Neal                   Smith, F.              Stoddard
Tripp

Total--19

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Bauer                  Baxley                 Beck
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Campsen                Carnell
Cato                   Chellis                Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris, A.             Harrison
Harvin                 Haskins                Hines, J.
Hines, M.              Hinson                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Loftis                 Martin
McCraw                 McKay                  McMaster
Meacham                Moody-Lawrence         Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--90

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 11--SUSTAINED

Veto 11     Part IB, Section 72.42, pages 538-539, General Provision: State Owned Aircraft - Maintenance Logs, the last two sentences contained in the proviso, contained in lines 24-27 that read: "The Ethics Commission is authorized to make investigations of state agency records relating to these reporting requirements. Officials violating the 48 hour reporting requirement in this paragraph are subject to a non-suspendable $100 fine."

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 24; Nays 71

Those who voted in the affirmative are:

Battle                 Breeland               Canty
Davenport              Gourdine               Harrison
Hines, M.              Hodges                 Howard
Lee                    Lloyd                  Mack
McLeod                 McMahand               Miller
Moody-Lawrence         Neal                   Quinn
Sheheen                Smith, F.              Smith, J.
Stoddard               Whipper                Wilder

Total--24

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Bauer                  Baxley                 Beck
Boan                   Brown, J.              Brown, T.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Felder
Fleming                Gamble                 Govan
Hamilton               Harrell                Harvin
Haskins                Hinson                 Jennings
Keegan                 Kennedy                Kirsh
Knotts                 Koon                   Law
Leach                  Limbaugh               Limehouse
Martin                 McCraw                 McKay
McMaster               Meacham                Neilson
Parks                  Phillips               Rice
Riser                  Rodgers                Sandifer
Scott                  Seithel                Sharpe
Simrill                Smith, R.              Spearman
Stille                 Stuart                 Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--71

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 12--SUSTAINED

Veto 12     Part IB, Section 72.73, page 547, General Provision: Victim / Witness Personnel

Rep. COBB-HUNTER spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 44; Nays 63

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Battle                 Baxley                 Bowers
Breeland               Brown, G.              Brown, J.
Byrd                   Canty                  Carnell
Cave                   Cobb-Hunter            Cromer
Davenport              Gourdine               Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kinon
Lee                    Limehouse              Lloyd
Mack                   Maddox                 McLeod
McMahand               Meacham                Miller
Moody-Lawrence         Mullen                 Neal
Parks                  Rodgers                Scott
Smith, J.              Spearman               Stoddard
Stuart                 Whipper

Total--44

Those who voted in the negative are:

Altman                 Barfield               Barrett
Bauer                  Beck                   Boan
Campsen                Cato                   Chellis
Cotty                  Dantzler               Delleney
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Harris, A.             Harrison               Harvin
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Limbaugh               Littlejohn             Loftis
McCraw                 McMaster               Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, R.              Stille
Townsend               Tripp                  Vaughn
Walker                 Webb                   Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--63

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 13--SUSTAINED

Veto 13     Part IB, Section 72.74, pages 547-548, General Provision: Boards of Dentistry & Accountancy Study

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 23; Nays 59

Those who voted in the affirmative are:

Bailey                 Battle                 Brown, J.
Byrd                   Canty                  Chellis
Cobb-Hunter            Hines, M.              Hodges
Howard                 Inabinett              Keegan
Kinon                  Lloyd                  Mack
McLeod                 McMahand               Miller
Neal                   Smith, F.              Stoddard
Whipper                Young-Brickell

Total--23

Those who voted in the negative are:

Altman                 Askins                 Barfield
Barrett                Bauer                  Baxley
Beck                   Boan                   Brown, T.
Campsen                Carnell                Cato
Dantzler               Delleney               Easterday
Edge                   Felder                 Gamble
Gourdine               Hamilton               Harrell
Harvin                 Haskins                Hawkins
Hinson                 Jennings               Jordan
Kirsh                  Koon                   Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 McCraw                 Meacham
Moody-Lawrence         Phillips               Quinn
Riser                  Robinson               Rodgers
Sandifer               Seithel                Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Tripp
Walker                 Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young

Total--59

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 14--OVERRIDDEN

Veto 14     Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device

Rep. QUINN spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 77; Nays 29

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Barrett                Battle                 Bauer
Baxley                 Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Cobb-Hunter            Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Gamble                 Govan
Hamilton               Harrell                Harris, A.
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hinson
Hodges                 Howard                 Keegan
Kelley                 Lanford                Law
Leach                  Limehouse              Loftis
Mack                   Maddox                 Martin
Mason                  McCraw                 McLeod
Miller                 Mullen                 Neal
Neilson                Parks                  Phillips
Quinn                  Riser                  Rodgers
Sandifer               Seithel                Sharpe
Smith, J.              Smith, R.              Spearman
Stoddard               Townsend               Tripp
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Young                  Young-Brickell

Total--77

Those who voted in the negative are:

Barfield               Beck                   Boan
Brown, T.              Felder                 Fleming
Gourdine               Jennings               Kennedy
Kinon                  Kirsh                  Koon
Lee                    Limbaugh               Lloyd
McKay                  McMahand               McMaster
Meacham                Moody-Lawrence         Rhoad
Rice                   Robinson               Sheheen
Simrill                Stuart                 Wilkes
Witherspoon            Woodrum

Total--29

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

VETO NO. 9--RECONSIDERED AND SUSTAINED

Rep. CAVE moved to reconsider the vote whereby Veto 9 was sustained.

Rep. HARRELL moved to table the motion to reconsider.

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

Yeas 40; Nays 71

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Beck                   Brown, H.              Campsen
Cato                   Chellis                Dantzler
Easterday              Edge                   Felder
Hamilton               Harrell                Haskins
Hinson                 Jordan                 Keegan
Kelley                 Leach                  Limbaugh
Limehouse              Loftis                 Mason
McKay                  McMaster               Meacham
Rhoad                  Sandifer               Sharpe
Simrill                Smith, R.              Townsend
Vaughn                 Webb                   Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--40

Those who voted in the negative are:

Bailey                 Battle                 Bauer
Baxley                 Boan                   Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Carnell                Cave                   Cobb-Hunter
Cotty                  Davenport              Delleney
Fleming                Gamble                 Gourdine
Govan                  Harris, A.             Harvin
Hawkins                Hines, J.              Hodges
Howard                 Jennings               Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Lanford                Lee
Littlejohn             Lloyd                  Mack
Maddox                 Martin                 McCraw
McLeod                 McMahand               Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Rice                   Riser
Robinson               Rodgers                Scott
Seithel                Sheheen                Smith, F.
Smith, J.              Spearman               Stille
Stoddard               Stuart                 Tripp
Walker                 Whatley                Whipper
Wilder                 Wilkes

Total--71

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to by a division vote of 68 to 41.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 72; Nays 42

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bauer                  Baxley                 Boan
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Carnell                Cave
Cobb-Hunter            Cotty                  Davenport
Delleney               Gamble                 Gourdine
Govan                  Harris, A.             Harvin
Hawkins                Hines, J.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Knotts                 Koon                   Lanford
Lee                    Littlejohn             Lloyd
Mack                   Maddox                 Martin
McCraw                 McLeod                 McMahand
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Parks
Phillips               Pinckney               Rhoad
Rice                   Robinson               Rodgers
Scott                  Seithel                Sheheen
Smith, F.              Smith, J.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Whatley
Whipper                Wilder                 Wilkes

Total--72

Those who voted in the negative are:

Altman                 Barrett                Beck
Brown, H.              Campsen                Cato
Chellis                Dantzler               Easterday
Edge                   Felder                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jordan                 Keegan
Kelley                 Law                    Leach
Limbaugh               Limehouse              Loftis
Mason                  McKay                  McMaster
Meacham                Quinn                  Riser
Sandifer               Sharpe                 Simrill
Smith, R.              Vaughn                 Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--42

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

Part II
VETO 15--SUSTAINED

Veto 15     Part II, Section 28, pages II-22 through II-23, Elections Made by Retiring Judges

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 40

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Bailey                 Baxley                 Beck
Boan                   Brown, H.              Brown, J.
Brown, T.              Cato                   Cotty
Easterday              Edge                   Felder
Gamble                 Gourdine               Haskins
Inabinett              Jordan                 Keegan
Kennedy                Kirsh                  Leach
McCraw                 Moody-Lawrence         Neal
Neilson                Riser                  Sandifer
Sharpe                 Sheheen                Smith, R.
Spearman               Stuart                 Vaughn
Walker                 Webb                   Wilder
Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--40

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 16--OVERRIDDEN

Veto 16     Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services

Reps. QUINN and ALLISON spoke against the veto.

Reps. ALTMAN and HAWKINS spoke in favor of the veto.

Rep. WHIPPER spoke against the veto.

ACTING SPEAKER HARRISON IN CHAIR

Rep. WHIPPER continued speaking.

SPEAKER IN CHAIR

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 78; Nays 38

Those who voted in the affirmative are:

Allison                Bailey                 Battle
Bauer                  Baxley                 Beck
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Cato
Cave                   Cobb-Hunter            Cromer
Davenport              Fleming                Gamble
Gourdine               Govan                  Harris, A.
Harrison               Harvin                 Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kennedy
Kinon                  Knotts                 Koon
Lanford                Law                    Lee
Lloyd                  Mack                   Maddox
Martin                 Mason                  McCraw
McLeod                 McMahand               Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rhoad
Riser                  Rodgers                Scott
Seithel                Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Vaughn                 Whatley                Whipper
Wilder                 Wilkes                 Young-Brickell

Total--78

Those who voted in the negative are:

Altman                 Barfield               Barrett
Boan                   Campsen                Chellis
Cotty                  Dantzler               Delleney
Easterday              Edge                   Felder
Hamilton               Harrell                Haskins
Hawkins                Kelley                 Kirsh
Leach                  Limbaugh               Limehouse
Littlejohn             Loftis                 McKay
McMaster               Meacham                Rice
Robinson               Sandifer               Sharpe
Sheheen                Simrill                Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young

Total--38

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

VETO 17--SUSTAINED

Veto 17     Part II, Section 44, pages II-34 and II-35, Manufacturer's Depreciation

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 23; Nays 75

Those who voted in the affirmative are:

Battle                 Bauer                  Baxley
Brown, G.              Carnell                Cave
Govan                  Hines, M.              Hodges
Howard                 Mack                   Maddox
Martin                 McLeod                 McMahand
Miller                 Neal                   Parks
Pinckney               Scott                  Sheheen
Whipper                Wilkes

Total--23

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Barrett                Beck                   Boan
Brown, H.              Brown, J.              Brown, T.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Gamble                 Gourdine
Hamilton               Harrell                Harvin
Haskins                Hawkins                Hinson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Mason
McCraw                 McKay                  McMaster
Mullen                 Neilson                Quinn
Rhoad                  Rice                   Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--75

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I inadvertently voted to override. I wish my vote to be reflected that I voted to sustain the veto.

Rep. BECKY ROGERS MARTIN

VETO 18--SUSTAINED

Veto 18     Part II, Section 46, page II-35, Motorcycle Rider Safety Education Program

Rep. SEITHEL explained the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 14; Nays 93

Those who voted in the affirmative are:

Battle                 Bauer                  Breeland
Inabinett              Koon                   Maddox
McLeod                 Miller                 Neal
Parks                  Pinckney               Sheheen
Smith, J.              Stoddard

Total--14

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Beck                   Boan
Bowers                 Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Carnell                Cato                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Howard
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Knotts                 Lanford
Law                    Leach                  Limbaugh
Limehouse              Littlejohn             Loftis
Mack                   Martin                 Mason
McCraw                 McKay                  McMahand
McMaster               Meacham                Moody-Lawrence
Mullen                 Neilson                Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith, F.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Tripp
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--93

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 19--SUSTAINED

Veto 19     Part II, Section 54, pages II-39 through II-50, Items A, I, L, M, N, P, R, and the first sentence of item S that reads: "Subsections A, I, L, M, N, P, and R of the section are effective November 1, 1997." Video Poker

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 15; Nays 90

Those who voted in the affirmative are:

Bauer                  Carnell                Dantzler
Harvin                 Hinson                 Howard
Inabinett              Kelley                 Knotts
Law                    Lloyd                  Mack
Rhoad                  Scott                  Stuart

Total--15

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Baxley
Beck                   Boan                   Bowers
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Cato
Cave                   Chellis                Cotty
Cromer                 Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Haskins
Hawkins                Hines, J.              Hines, M.
Hodges                 Jennings               Jordan
Keegan                 Kennedy                Kinon
Kirsh                  Koon                   Lanford
Leach                  Lee                    Limbaugh
Limehouse              Loftis                 Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Moody-Lawrence
Neal                   Neilson                Parks
Phillips               Pinckney               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Townsend               Tripp
Walker                 Webb                   Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--90

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I am voting to sustain the Governor's veto on this matter. The proviso has incorrectly been characterized as one which "opens the door for the unlimited video poker payouts." I am voting to sustain the veto because I think the vetoed provision is unnecessary as it is merely a clarification an restatement of the current law.

Rep. JAMES H. HARRISON

VETO 16--MOTION TO RECONSIDER TABLED

Rep. HODGES moved to reconsider the vote whereby veto 16 was overridden.

Rep. BAXLEY moved to table the motion.

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

Yeas 76; Nays 38

Those who voted in the affirmative are:

Allison                Bailey                 Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Carnell                Cave
Cobb-Hunter            Cromer                 Davenport
Fleming                Gamble                 Gourdine
Govan                  Harris, A.             Harrison
Harvin                 Hines, J.              Hines, M.
Hinson                 Hodges                 Howard
Inabinett              Jennings               Jordan
Keegan                 Kennedy                Kinon
Knotts                 Koon                   Lanford
Law                    Lee                    Lloyd
Maddox                 Martin                 Mason
McCraw                 McLeod                 McMahand
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Parks
Phillips               Pinckney               Quinn
Rhoad                  Riser                  Rodgers
Scott                  Seithel                Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Vaughn                 Whatley
Whipper                Wilder                 Wilkes
Young-Brickell

Total--76

Those who voted in the negative are:

Altman                 Barfield               Barrett
Campsen                Cato                   Chellis
Cotty                  Dantzler               Delleney
Easterday              Edge                   Felder
Hamilton               Harrell                Haskins
Hawkins                Kelley                 Kirsh
Leach                  Limbaugh               Limehouse
Littlejohn             Loftis                 McKay
McMaster               Rice                   Robinson
Sandifer               Sharpe                 Sheheen
Simrill                Tripp                  Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young

Total--38

So, the motion to reconsider was tabled.

VETO 20--SUSTAINED

Veto 20     Part II, Section 64, pages II-58 through II-60, the item which begins on line 10 and ends on line 11 of page II-59 which reads: ", with the advice and consent of the Senate," Drug Awareness Resistance Education Fund

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 13; Nays 78

Those who voted in the affirmative are:

Battle                 Breeland               Hines, M.
Howard                 Lloyd                  Mack
McLeod                 McMahand               Miller
Moody-Lawrence         Parks                  Pinckney
Smith, F.

Total--13

Those who voted in the negative are:

Bailey                 Barfield               Barrett
Beck                   Boan                   Brown, H.
Brown, J.              Brown, T.              Campsen
Carnell                Cato                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Hines, J.
Hinson                 Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Knotts                 Koon
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 Maddox                 Mason
McCraw                 McKay                  McMaster
Meacham                Mullen                 Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, J.              Smith, R.
Spearman               Stoddard               Tripp
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Woodrum                Young                  Young-Brickell

Total--78

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 21--SUSTAINED

Veto 21     Part II, Section 70, pages II-65 and II-66, South Carolina State Employees' Association Participation in the State Health Plan

Rep. HARRELL explained the veto.

Rep. McLEOD spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 58; Nays 55

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Baxley                 Boan                   Bowers
Breeland               Brown, G.              Brown, J.
Byrd                   Carnell                Cave
Cobb-Hunter            Cotty                  Delleney
Edge                   Felder                 Gourdine
Govan                  Harris, A.             Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Keegan                 Kennedy                Kinon
Lanford                Lee                    Lloyd
Mack                   Mason                  McCraw
McLeod                 McMahand               Moody-Lawrence
Mullen                 Neal                   Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Riser
Scott                  Sharpe                 Smith, J.
Spearman               Stoddard               Webb
Whipper                Wilder                 Wilkes
Witherspoon

Total--58

Those who voted in the negative are:

Allison                Barrett                Bauer
Beck                   Brown, H.              Brown, T.
Campsen                Chellis                Dantzler
Davenport              Easterday              Fleming
Gamble                 Hamilton               Harrell
Haskins                Hawkins                Hinson
Jordan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limbaugh               Limehouse
Littlejohn             Loftis                 Maddox
Martin                 McKay                  McMaster
Meacham                Miller                 Rice
Robinson               Rodgers                Sandifer
Seithel                Sheheen                Simrill
Smith, F.              Smith, R.              Stille
Stuart                 Townsend               Tripp
Vaughn                 Walker                 Whatley
Wilkins                Woodrum                Young
Young-Brickell

Total--55

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 22--CONTINUED

Veto 22     Part II, Section 74, pages II-68 through II-74, Section 11-42-70 which begins on line 24 of page II-71 and ends on line 11 of page II-72, Comprehensive Infrastructure Development Act

Rep. HARRELL moved to continue the veto, which was agreed to.

VETO 23--SUSTAINED

Veto 23     Part II, Section 76, page II-74, Georgetown Water and Sewer District

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 6

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Brown, T.              Jordan                 McKay
McMaster               Miller                 Woodrum

Total--6

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 24--SUSTAINED

Veto 24     Part II, Section 79, pages II-75 through II-81, Local Sales and Use Taxes for Transportation Facilities

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 71

Those who voted in the affirmative are:

Cobb-Hunter            Howard                 Neal
Pinckney

Total--4

Those who voted in the negative are:

Allison                Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Brown, J.
Brown, T.              Campsen                Carnell
Cato                   Cave                   Chellis
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Harvin
Hinson                 Hodges                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kirsh                  Koon
Leach                  Limbaugh               Limehouse
Lloyd                  Mason                  McCraw
McKay                  McLeod                 McMaster
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sheheen
Simrill                Smith, J.              Smith, R.
Spearman               Stoddard               Stuart
Tripp                  Walker                 Webb
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum

Total--71

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

PART III
VETO 25--OVERRIDDEN

Veto 25     Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000

Reps. HODGES, BAXLEY and QUINN spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 86; Nays 24

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Carnell
Cato                   Cave                   Cobb-Hunter
Cotty                  Cromer                 Davenport
Delleney               Edge                   Fleming
Gourdine               Govan                  Harrell
Harris, A.             Harrison               Harvin
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kennedy                Kinon                  Kirsh
Koon                   Lanford                Limehouse
Littlejohn             Lloyd                  Mack
Maddox                 Martin                 Mason
McCraw                 McLeod                 McMahand
McMaster               Miller                 Moody-Lawrence
Neal                   Neilson                Parks
Phillips               Pinckney               Quinn
Rhoad                  Riser                  Rodgers
Scott                  Seithel                Sheheen
Simrill                Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Vaughn                 Walker
Whatley                Whipper                Wilder
Wilkes                 Young

Total--86

Those who voted in the negative are:

Barrett                Campsen                Chellis
Dantzler               Easterday              Hamilton
Haskins                Hinson                 Kelley
Law                    Leach                  Limbaugh
Loftis                 McKay                  Meacham
Mullen                 Rice                   Robinson
Sandifer               Webb                   Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--24

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3400     General Subject Matter: USC Institute of

Public Affairs

Veto # 25.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of USC.

Rep. MARGARET J. GAMBLE

VETO 26--SUSTAINED

Veto 26     Part III, Section 2, page III-5, Item (28) (b), Department of Natural Resources, Heritage Trust, $100,000

Rep. BAXLEY spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 53; Nays 58

Those who voted in the affirmative are:

Bailey                 Battle                 Baxley
Bowers                 Breeland               Brown, G.
Brown, J.              Byrd                   Carnell
Cave                   Cobb-Hunter            Cotty
Cromer                 Gourdine               Govan
Harris, A.             Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Keegan                 Kennedy
Kinon                  Lloyd                  Mack
Maddox                 Martin                 McCraw
McLeod                 McMahand               Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Rhoad                  Sandifer
Scott                  Sheheen                Simrill
Smith, F.              Smith, J.              Stoddard
Tripp                  Webb                   Whipper
Wilder                 Wilkes

Total--53

Those who voted in the negative are:

Allison                Barfield               Barrett
Beck                   Brown, H.              Brown, T.
Campsen                Cato                   Chellis
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jordan                 Kelley
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 Mason                  McKay
McMaster               Meacham                Quinn
Rice                   Riser                  Robinson
Rodgers                Seithel                Sharpe
Smith, R.              Spearman               Stille
Stuart                 Townsend               Vaughn
Walker                 Whatley                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--58

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 27--SUSTAINED

Veto 27     Part III, Section 2, page III-5, Item (32), Indigent Defense, Maintenance of Current Programs, $594,068

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 62; Nays 44

Those who voted in the affirmative are:

Bailey                 Battle                 Baxley
Beck                   Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Carnell                Cave
Cobb-Hunter            Cromer                 Davenport
Delleney               Govan                  Harris, A.
Harrison               Harvin                 Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jordan
Keegan                 Kennedy                Kinon
Lanford                Lloyd                  Mack
Maddox                 Mason                  McCraw
McLeod                 McMahand               Miller
Moody-Lawrence         Neal                   Parks
Phillips               Pinckney               Quinn
Rhoad                  Scott                  Seithel
Sheheen                Smith, F.              Smith, J.
Spearman               Stille                 Stoddard
Stuart                 Tripp                  Vaughn
Webb                   Whipper                Wilder
Wilkes                 Young

Total--62

Those who voted in the negative are:

Barrett                Boan                   Brown, H.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Haskins                Hinson                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limbaugh
Limehouse              Loftis                 McKay
McMaster               Meacham                Mullen
Rice                   Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, R.              Townsend               Walker
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--44

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 28--SUSTAINED

Veto 28     Part III, Section 2, pages III-5 through III-6, Items (37)(a), (b), and (c), State Election Commission, $75,000, $27,000, and $15,000, respectively.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 33; Nays 68

Those who voted in the affirmative are:

Barrett                Battle                 Bowers
Breeland               Brown, G.              Carnell
Cave                   Gourdine               Govan
Hines, M.              Hodges                 Howard
Inabinett              Lee                    Lloyd
Mack                   Maddox                 McLeod
Miller                 Moody-Lawrence         Neal
Parks                  Pinckney               Rhoad
Robinson               Sandifer               Scott
Sheheen                Smith, F.              Smith, J.
Webb                   Wilder                 Wilkes

Total--33

Those who voted in the negative are:

Allison                Bailey                 Barfield
Bauer                  Beck                   Boan
Brown, H.              Brown, J.              Brown, T.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harris, A.             Harvin
Haskins                Hines, J.              Hinson
Jordan                 Keegan                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Lanford                Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 Martin                 Mason
McCraw                 McKay                  McMaster
Meacham                Mullen                 Neilson
Phillips               Rice                   Riser
Rodgers                Seithel                Sharpe
Simrill                Smith, R.              Spearman
Stoddard               Stuart                 Tripp
Vaughn                 Walker                 Whatley
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--68

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 29--SUSTAINED

Veto 29     Part III, Section 2, page III-6, Item (38), Parks, Recreation and Tourism, Palmetto Trails, $75,000

Rep. BAXLEY spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 63; Nays 46

Those who voted in the affirmative are:

Bailey                 Battle                 Bauer
Baxley                 Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Carnell
Cave                   Cromer                 Dantzler
Davenport              Delleney               Gamble
Gourdine               Govan                  Harris, A.
Harrison               Harvin                 Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Keegan                 Kennedy                Kinon
Lanford                Lee                    Lloyd
Mack                   Maddox                 McCraw
McLeod                 McMahand               McMaster
Miller                 Moody-Lawrence         Neal
Neilson                Parks                  Phillips
Pinckney               Rhoad                  Seithel
Sheheen                Simrill                Smith, F.
Smith, J.              Stille                 Stoddard
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Young

Total--63

Those who voted in the negative are:

Barrett                Beck                   Boan
Campsen                Cato                   Chellis
Cotty                  Easterday              Edge
Felder                 Fleming                Hamilton
Harrell                Haskins                Jordan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 Martin                 Mason
McKay                  Meacham                Mullen
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Smith, R.              Spearman
Stuart                 Townsend               Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--46

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 30--SUSTAINED

Veto 30     Part III, Section 2, page III-7, Item (52), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils, $125,000

Rep. CAVE spoke against the veto.

SPEAKER PRO TEMPORE IN CHAIR

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 57; Nays 54

Those who voted in the affirmative are:

Bailey                 Battle                 Bauer
Baxley                 Boan                   Bowers
Breeland               Brown, J.              Brown, T.
Byrd                   Carnell                Cave
Cobb-Hunter            Cromer                 Davenport
Gourdine               Govan                  Harrison
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Koon
Lanford                Lee                    Lloyd
Mack                   Martin                 McCraw
McLeod                 McMahand               Miller
Moody-Lawrence         Mullen                 Neal
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Scott
Seithel                Sheheen                Smith, F.
Smith, J.              Spearman               Stille
Stoddard               Stuart                 Webb
Whipper                Wilder                 Wilkes

Total--57

Those who voted in the negative are:

Allison                Barrett                Beck
Campsen                Cato                   Chellis
Cotty                  Dantzler               Delleney
Easterday              Edge                   Felder
Gamble                 Hamilton               Harrell
Harris, A.             Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Knotts                 Law                    Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 Mason                  McKay
McMaster               Meacham                Neilson
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Townsend
Tripp                  Vaughn                 Walker
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--54

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 27--RECONSIDERED AND SUSTAINED

Rep. TOWNSEND moved to reconsider the vote whereby veto 27 was sustained.

Rep. COTTY moved to table the motion to reconsider, which was not agreed to by a division vote of 42 to 51.

The question then recurred to the motion to reconsider, which was agreed to by a division vote of 57 to 37.

SPEAKER IN CHAIR

Reps. HODGES and JENNINGS spoke against the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 72; Nays 41

Those who voted in the affirmative are:

Allison                Bailey                 Battle
Baxley                 Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Carnell                Cato                   Cave
Cobb-Hunter            Cromer                 Davenport
Delleney               Gamble                 Gourdine
Govan                  Harris, A.             Harrison
Harvin                 Hawkins                Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Jordan
Kennedy                Kinon                  Lanford
Lee                    Lloyd                  Mack
Maddox                 Martin                 Mason
McCraw                 McLeod                 McMahand
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Parks
Phillips               Pinckney               Quinn
Rhoad                  Scott                  Seithel
Sheheen                Smith, F.              Smith, J.
Spearman               Stille                 Stoddard
Stuart                 Tripp                  Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Young

Total--72

Those who voted in the negative are:

Barrett                Bauer                  Brown, H.
Campsen                Chellis                Cotty
Dantzler               Easterday              Edge
Felder                 Fleming                Hamilton
Harrell                Haskins                Hinson
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 McKay                  McMaster
Meacham                Rice                   Riser
Rodgers                Sandifer               Sharpe
Simrill                Smith, R.              Townsend
Walker                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--41

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

VETO 31--SUSTAINED

Veto 31     Part III, Section 2, pages III-7 through III-9, Item (52.1), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils

Rep. CAVE spoke against the veto.

Rep. McLEOD spoke upon the veto.

Rep. COBB-HUNTER spoke against the veto.

Rep. FELDER spoke upon the veto.

The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 50; Nays 60

Those who voted in the affirmative are:

Bailey                 Battle                 Bauer
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Carnell                Cave                   Cobb-Hunter
Cromer                 Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Kinon
Lee                    Lloyd                  Mack
Maddox                 McCraw                 McLeod
McMahand               Miller                 Moody-Lawrence
Mullen                 Neal                   Parks
Phillips               Pinckney               Rhoad
Scott                  Seithel                Sheheen
Smith, F.              Smith, J.              Spearman
Stille                 Stuart                 Webb
Whipper                Wilkes

Total--50

Those who voted in the negative are:

Allison                Barfield               Barrett
Beck                   Boan                   Brown, H.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harris, A.
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kirsh                  Knotts                 Koon
Leach                  Limbaugh               Limehouse
Littlejohn             Loftis                 Martin
Mason                  McKay                  Meacham
Neilson                Quinn                  Rice
Riser                  Rodgers                Sandifer
Sharpe                 Simrill                Smith, R.
Stoddard               Townsend               Tripp
Vaughn                 Walker                 Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--60

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
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. 3665:
H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS; TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK REVENUE BONDS; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK GENERAL OBLIGATION BONDS; TO AMEND SECTION 57-3-615, AS AMENDED, RELATING TO TOLL PROJECTS SO AS TO DELETE THE REQUIREMENT THAT CERTAIN TOLL PROJECTS BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4 AND TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO TOLL INTERSTATE HIGHWAYS AND TO USE THE TOLL FOR PROJECTS OTHER THAN THE TOLLED INTERSTATE HIGHWAY; AND TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO DISPOSITION OF CERTAIN FEES AND PENALTIES SO AS TO PROVIDE FOR THE PLACEMENT OF THE FEES AND PENALTIES IN THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
Very respectfully,
President

H. 3665--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R223, H. 3402 by a vote of 41 to 0.
(R223) H. 3402 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Veto 2     Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R139, S. 634 by a vote of 0 to 41.
(R139) S. 634 -- Senators Thomas and Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, 20-7-6905, AND 20-7-6910, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS, TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES, TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS AND TO ESTABLISH A FUND WITHIN THE DEPARTMENT OF JUVENILE JUSTICE FOR THE COMPENSATION OF CRIME VICTIMS FROM WAGES EARNED BY JUVENILES WORKING IN THE YOUTH INDUSTRIES PROGRAM AND TO PROVIDE FOR THE DISBURSEMENT OF THESE FUNDS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
Very respectfully,
President

Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 4341 -- Reps. Cotty and Scott: A HOUSE RESOLUTION TO CONGRATULATE THE RIDGE VIEW HIGH SCHOOL CLASS AAA GIRLS' TRACK TEAM FOR FINISHING IN FIRST PLACE IN THE STATE FOR 1996-97 AND SECOND PLACE IN 1995-96, IN ITS FIRST TWO YEARS OF EXISTENCE, AND TO EXTEND BEST WISHES FOR THE CONTINUATION OF ITS NEW WINNING TRADITION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4342 -- Reps. Cotty and McMaster: A HOUSE RESOLUTION TO RECOGNIZE THE 1997 SPRING VALLEY HIGH SCHOOL GIRLS SOFTBALL TEAM ON ENDING ITS OUTSTANDING SEASON WITH A RANKING OF NUMBER 3 AMONG AAAA TEAMS, AND TO WISH THE TEAM MEMBERS AND COACHES CONTINUED SUCCESS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4343 -- Reps. Robinson, Rice and Webb: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. ALVIN JUDSON HURT OF PICKENS COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY OVER THE YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

S. 60--FREE CONFERENCE POWERS GRANTED

Rep. HARRISON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 60 -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 8

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Barrett                Battle                 Baxley
Beck                   Boan                   Bowers
Breeland               Brown, H.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Cobb-Hunter            Cotty                  Cromer
Dantzler               Delleney               Easterday
Edge                   Felder                 Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris, A.             Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McMaster               Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Rodgers
Sandifer               Seithel                Sharpe
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--102

Those who voted in the negative are:

Brown, G.              Davenport              Fleming
Kirsh                  McLeod                 Meacham
Sheheen                Simrill

Total--8

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HARRISON, TOWNSEND and JENNINGS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S.60 - FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 17, 1997

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 60 -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     Section 56-1-320 of the 1976 Code is amended to read:

"Section 56-1-320.     (A)     The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.

Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.

If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.

(B)     The department may not refuse to issue or renew a driver's license to an individual who:

(1)     is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);

(2)     has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or

(3)     does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."

SECTION     2.     Section 56-1-650(C) is amended by adding:

"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."

SECTION     3.     The 1976 Code is amended by adding:

"Section 56-1-175.     (A)     The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

(1)     held a beginner's permit for at least ninety days;

(2)     passed a driver's education course as defined in subsection (D);

(3)     passed successfully the road tests or other requirements the department may prescribe; and

(4)     satisfied the school attendance requirement contained in Section 56-1-176.

(B)     A provisional driver's license is valid only in the operation of:

(1)     vehicles during daylight hours. The holder of a provisional license must be accompanied by a licensed adult twenty-one years of age or older after six o'clock p.m., or eight o'clock p.m. during daylight saving time. A provisional driver's license holder may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian;

(2)     a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.

(C)     Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

(D)     A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.

(E)     For purposes of issuing a provisional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."

SECTION     4.     The 1976 Code is amended by adding:

"Section 56-1-176.     (A)     School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:

(1)     has a high school diploma or certificate, or a General Education Development Certificate; or

(2)     is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:

(a)     the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b)     the person is not suspended or expelled from school.

(B)     Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."

SECTION     5.     The 1976 Code is amended by adding:

"Section 56-23-87.     A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."

SECTION     6.     Section 56-1-30(4) of the 1976 Code is amended to read:

"(4)     Any A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."

SECTION     7.     Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:

"(1)     who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen-year old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"

SECTION     8.     Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, Act 497 of 1995, is further amended to read:

"Section 56-1-50.     (A)     A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.

(B)     The permit is valid only in the operation of:

(1)     vehicles during the daylight hours;

(2)     motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)     Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.

(D)     A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No A permit is not valid until it has been so signed by the permittee.

(E)     The following persons are not required to obtain a beginner's permit to operate a motor vehicle:

(1)     a student regularly enrolled in a high school of this State which conducts a driver's training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.; and

(2)     Also exempted from the requirement of the beginner's permit are persons a person fifteen years of age or older enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.

(F)     A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.

(G)     Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."

SECTION     9.     Section 56-1-130 of the 1976 Code, as last amended by Act No. 459 of 1996, is further amended to read:

"Section 56-1-130.     (A)     The department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require such further physical and mental examination as it deems considers necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

(B)     No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.

(C)     A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."

SECTION     10.     Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:

"Section 56-1-180.     (A)     The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit for ninety days or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.

(B)     The special restricted driver's license is valid only under the following conditions in the operation of:

(1)     in the operation of all type vehicles during daylight hours., except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before eight o'clock p.m. During nighttime hours, the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian. The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

(a)     employment or the opportunity for employment;

(b)     travel between the licensee's home and place of employment or school; or

(c)     travel between the licensee's home or place of employment and vocational training;

(2)     in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and

(3)     in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)     The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.

(D)     Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the special restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."

SECTION     11.     Section 56-1-185 of the 1976 Code is amended to read:

"Section 56-1-185.     (A)     Any A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.

(B)     A person while operating a motor vehicle under a beginner's permit or a provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."

SECTION     12.     The State Law Enforcement Division must submit the BAC Datamaster to an independent facility with expertise in breath alcohol testing so that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the test to the General Assembly by January 1, 1998.

SECTION     13.     The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth fourth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. Any A person whose license is revoked following conviction for a fifth fourth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation Public Safety to operate a motor vehicle except as provided in Section 56-1-385."

SECTION     14.     The 1976 Code is amended by adding:

"Section 56-1-385.     (A)     Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1)     the person must not have been convicted in this State or any other state of an alcohol or drug violation during the previous seven-year period;

(2)     the person must not have been convicted of or have charges pending in this State or another state for a violation of driving while his license is canceled, suspended, or revoked during the previous seven-year period;

(3)     the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and

(4)     the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.

(B)(1)     A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.

(2)     Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.

(C)     If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.

(D)     Before a person may have his driver's license reinstated under this section he must:

(1)     pay a two hundred dollar filing fee to the court; and

(2)     successfully complete the requirements to obtain a driver's license contained in this article."

SECTION     15.     Section 56-1-790 of the 1976 Code, as last amended by Act No. 459 of 1996, is further amended to read :

"Section 56-1-790.     The department may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State.

Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State."

SECTION 16.     Article 9, Chapter 23 of the 1976 Code is amended by adding:

"Section 23-6-445.     A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof shall be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 if that person completes the legal course for class I certified officers taught by the Criminal Justice Academy Division of the Department of Public Safety. This provision shall also apply to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three year break in service who subsequently is appointed chief of a municipal department by the governing body thereof."

SECTION     17.     The 1976 Code is amended by adding:

"Section 56-1-2115.     (A)     A person who has been disqualified from driving a commercial vehicle pursuant to the provisions contained in Section 56-1-2110 for one year or more, must complete successfully the requirements contained in Section 56-1-2080 and satisfy all other requirements imposed by state or federal law before the person is eligible to be re-examined pursuant to the provisions contained in subsection (B).

(B)     The re-examination consists of the commercial driver license standards contained in 49 CFR of the Federal Motor Carrier Regulations which includes successful completion of the applicable knowledge tests and the complete road test which includes pre-trip inspection, basic control skills and the on-road test."

SECTION     18.     Section 56-1-2030(21) of the 1976 Code is amended to read:

"(21)     'Out-of-service order' means a temporary prohibition against driving a commercial motor vehicle declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation, is out of service pursuant to 49 CFR Sections 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria. For purposes of this article, regulations requiring disqualifications for violations of out- of- service orders affect all vehicles with a gross combination weight rating or gross vehicle weight rating greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5 and 393 of the Federal Motor Carrier Regulations."

SECTION     19.     Section 56-1-2060 (B) of the 1976 Code is amended to read:

"(B)     No employer knowingly may allow, permit, or authorize a driver person to drive a commercial motor vehicle during a period in which:

(1)     the driver's person's commercial driver license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state; or

(2)     the driver person has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license; or

(3)     an employer who knowingly allows, permits or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand five hundred dollars nor more than ten thousand dollars."

SECTION     20.     Section 56-1-2070 of the 1976 Code is amended to read:

"Section 56-1-2070.     (A)     Except as provided in subsection (B) (C) or when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this State after April 2, 1992, unless the person has been issued, and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving.

(B)     A person operating a commercial motor vehicle as defined in Section 56-1-2030 and 49 CFR 383.5, without the proper class commercial license or permit with all applicable endorsements or restrictions as defined in Section 56-1-2100 must be placed out of service and is guilty of a misdemeanor and upon conviction of a first offense, must be fined not less than one hundred fifty dollars and not more than two hundred dollars or imprisoned for thirty days and upon conviction of a second offense or subsequent offense must be fined not less than two hundred fifty dollars and not more than five hundred dollars or imprisoned forty-five days or both.

(C)     The following persons may operate commercial motor vehicles without a commercial driver's license:

(1)     active duty military personnel and reservists and National Guard members who are on active duty while operating vehicles owned by the United States government, unless they are required by the owner of the vehicle to have a valid state driver's license;

(2)     operators of a farm vehicle which is:

(a)     controlled and operated by a farmer;

(b)     used to transport agricultural products, farm machinery, farm supplies, or a combination of them to or from a farm;

(c)     not used in the operation of a common or contract motor carrier; and

(d)     used within one hundred fifty miles of the person's farm.

(3)     persons operating authorized emergency vehicles as defined in Section 56-5-170.

(4)     operators of recreational vehicles used solely for personal use.

(C)(D)     No person may drive a commercial motor vehicle on the highways of this State while:

(1)     his commercial driver license or privilege to drive is suspended, revoked, or canceled,; while

(2)     subject to a disqualification,; or

(3)     in violation of an out-of-service order.

(D)(E)     A person violating these the requirements of subsection (D)(3) must be punished as follows, while all other violations of this section must be punished as though convicted of a violation of Section 56-1-460. A person is disqualified for not less than:

(1)     ninety days nor more than one year if the person is convicted of a first violation of an out-of-service order. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;

(2)     one year nor more than five years if during a ten-year period the person is convicted of two violations of out-of-service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;

(3)     three years nor more than five years if during a ten-year period the person is convicted of three or more violations of out-of-state service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;

(4)     one hundred eighty days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101-5127), or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if during a ten-year period the person is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. Additionally, a driver who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars."

SECTION     21.     Section 56-1-2080 of the 1976 Code is amended to read:

"Section 56-1-2080.     (A)(1)     No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.

(2)     The department may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:

(a)     the test is the same which otherwise would be administered by the department; and

(b)     the third party has entered into an agreement with the department which contains at least the following provisions:

(i)     authorization for the department or the Federal Highway Administration or its representatives to conduct random examinations, inspections, and audits without prior notice;

(ii)     permission for the department or its representative to conduct onsite inspections at least annually;

(iii)     a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;

(iv)     authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the drivers persons participating in the program.

(B)     The department may waive the skills test specified in this section for a commercial driver license applicant:

(1)     whose driver's license has not been suspended or revoked within the previous two years;

(2)     who has no more than four points against his driving record within the previous two years;

(3)     who has not contributed to an accident within the previous two years;

(4)     who has been licensed to operate the class of motor vehicle for which he is applying for a minimum of two years or who can provide proof that he was operating those vehicles for two years immediately preceding the date of application.

(C)(B)     A commercial driver license or commercial driver instructional permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all those licenses, each of which must be returned to the issuing state for cancellation.

(D)(C)(1)     A commercial driver instruction permit may be issued to an individual who holds a valid Class 'D' license or and who has passed the appropriate vision and written test for the type of commercial driver license sought.

(2)     The holder of a commercial driver instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle but only when accompanied by the holder of a commercial driver license with applicable endorsements which is valid for the type of vehicle driven, and who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

(3)     The commercial driver instruction permit may not be issued for longer than six months. Only one renewal or reissuance may be granted within a two-year period."

SECTION     22.     Section 56-1-2100(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(B)     The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions:

(1)     Classifications: vehicle

(a)     Class A: A combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more if provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds;.

(b)     Class B: a single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, and or any such vehicle towing a vehicle not in excess of ten thousand pounds gross vehicle weight rating;.

(c)     Class C:     A single vehicle, or combination of vehicles, weight rating of less than twenty-six thousand one pounds and any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds comprison: persons, including the driver; material which require the vehicle to be placarded under 49 C.F.R., part 172, subpart F, that are not Class A or B vehicles but either designed to transport 16 or more passengers including the driver, or are placarded for hazardous materials under 49 CFR, Part 172, subpart F.

(2)     Endorsements: transporting hazardous material; and tank vehicle endorsements.

(a)     'H' authorizes the person to drive a vehicle transporting hazardous materials;

(b)     'T' authorizes double trailers;

(c)     'P' authorizes driving vehicles carrying passengers;

(d)     'N' authorizes driving tank vehicles;

(e)     'X' represents a combination of hazardous materials or tank vehicle endorsements, or both.

(3)     Restrictions:

(a)     'K' restricts the driver person to vehicles not equipped with airbrakes.;

(b)     'Z' except tractor trailer;

(c)     'Z-1' may not operate commercial motor vehicles with a gross vehicle weight rating or a gross combination weight rating exceeding 26,000 pounds."

SECTION     23.     Section 56-1-2120 of the 1976 Code is amended to read:

"Section 56-1-2120.     (A)     A person may not drive a commercial motor vehicle within this State while having a measurable amount of alcohol in his body.

(B)     A person who drives a commercial motor vehicle within this State while having a measurable amount of alcohol in his system or who refuses to submit to an alcohol test under Section 56-1-2130 must be placed out-of-service for twenty-four hours.

(C)     A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under Section 56-1-2110.

(D)     A person must not be on duty or operate a commercial motor vehicle while he possesses an alcoholic beverage that is not part of the manifest and transported as part of the shipment."

SECTION     24.     Sections 1, 2, 12, 13, 14, 15, 16, and 24 take effect upon approval by the Governor unless otherwise provided. The provision in Section 13 that enhances the suspension period from two years to four years for a third conviction within five years of a first offense of operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall not apply unless the first, second, and third offense convictions occurred after the effective date of this act. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11, which apply to a person applying for a beginner's permit, provisional or restricted driver's license, or regular motor vehicle driver's license, take effect on July 1, 1998. A person who, on July 1, 1998, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on July 1, 1998. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise affect his driving privilege. Sections 17, 18, 19, 20, 21, 22, and 23 become effective on October 1, 1997./

Amend title to conform.

/s/Hugh K. Leatherman, Jr.        /s/Ronald P. Townsend
/s/C. Tyrone Courtney             /s/James H. Harrison
/s/C. Bradley Hutto               /s/Douglas Jennings, Jr.
On Part of the Senate.                 On Part of the House.

POINT OF ORDER

Rep. FLEMING, under House Rule 5.14, raised a Point of Order that the Free Conference Report had not been printed in the journal.

SPEAKER WILKINS sustained the Point Of Order.

RULE 5.15 WAIVED

Rep. HARRISON moved to waive Rule 5.15, which was agreed to by a division vote of 91 to 6.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3823--FREE CONFERENCE POWERS GRANTED

Rep. CARNELL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.

The yeas and nays were taken resulting as follows:

Yeas 99; Nays 0

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Barfield               Battle                 Baxley
Beck                   Boan                   Bowers
Breeland               Brown, H.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Cobb-Hunter            Cotty                  Cromer
Dantzler               Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris, A.
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hinson
Hodges                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Quinn                  Rhoad
Rice                   Riser                  Rodgers
Sandifer               Seithel                Sharpe
Smith, F.              Smith, J.              Smith, R.
Stille                 Stoddard               Stuart
Townsend               Tripp                  Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkins
Witherspoon            Woodrum                Young

Total--99

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. CARNELL, STUART and WALKER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3823---FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 17, 1997

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION     1.     Section 56-1-320 of the 1976 Code is amended to read:

"Section 56-1-320.     (A)     The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.

Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.

If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.

(B)     The department may not refuse to issue or renew a driver's license to an individual who:

(1)     is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);

(2)     has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or

(3)     does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."

SECTION     2.     Section 56-1-650(C) is amended by adding:

"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."

SECTION     3.     Article 9, Chapter 23 of the 1976 Code is amended by adding:

"Section 31-17-525.     (A)     For purposes of this section, 'campground' means land and facilities of camp character organized to provide a temporary outdoor living experience for individuals or groups and having membership affiliation in recognized national and state campground organizations and listed in any guidebook, the publication of which is supported in part by the Department of Parks, Recreation and Tourism.

(B)     Vehicles described in Section 31-17-510(a) may be exhibited or displayed with the intent to promote the sale of these vehicles at any campground if the provisions of this section are complied with. A campground must obtain from the Department of Public Safety a permit for vehicles described in Section 31-17-510(a) to be displayed or exhibited at a campground. No vehicle may be sold or offered for sale at a campground as provided for by this section, but information on the vehicle may be provided and a list of dealers offering the vehicle for sale may be provided.

(C)     A South Carolina licensed travel trailer dealer may exhibit or display vehicles described in Section 31-17-510(a) at a campground under the terms of this section without obtaining a temporary license pursuant to Section 31-17-520(4); however, nothing contained in this section prohibits a South Carolina licensed travel trailer dealer from obtaining a temporary license pursuant to Section 31-17-520(4) if an event held at a campground requires the temporary license."

SECTION     4.     This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Hugh K. Leatherman, Sr.        /s/Marion P. Carnell
/s/C. Tyrone Courtney             /s/Elsie Rast Stuart
/s/Bradley C. Hutto               /s/Robert E. Walker
On Part of the Senate.                 On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MOTION ADOPTED

Rep. HASKINS moved that upon the completion of receiving messages from the Senate today, the House stand adjourned to meet in Local Session tomorrow at 10:00 A.M. for the purpose of Ratifying Acts, which was agreed to.

MOTION ADOPTED

Rep. HASKINS moved that the upon completion of ratification of Acts in Local Session tomorrow, that the House stand adjourned Sine Die, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 222, H. 3400 by a vote of 34 to 0.

H. 3400 -- GENERAL APPROPRIATION BILL
(Abbreviated Title)
Veto 14     Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.222, H. 3400 by a vote of 32 to 3.

H. 3400 -- GENERAL APPROPRIATION BILL
(Abbreviated Title)
Veto 16     Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 222, H. 3400 by a vote of 34 to 0.

H. 3400 -- GENERAL APPROPRIATION BILL
(Abbreviated Title)
Veto 25     Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 222, H. 3400 by a vote of 28 to 8.

H. 3400 -- GENERAL APPROPRIATION BILL
(Abbreviated Title)
Veto 7     Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Leatherman, Courtney and Hutto of the Committee of Free Conference on the part of the Senate on S. 60:
S. 60 -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 60:
S. 60 -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Very respectfully,
President

S. 60--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Leatherman, Hutto and Courtney of the Committee of Free Conference on the part of the Senate on H. 3823:
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3823:
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
and the report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4293 -- Reps. Young and Woodrum: A CONCURRENT RESOLUTION TO EXTEND THE CONDOLENCES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF OVALYN KELLEY LATHAN, OF SUMTER COUNTY, WHO DIED MONDAY, JUNE 2, 1997.

H. 4294 -- Rep. G. Brown: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING REVEREND WILLIE LAWSON OF SUMTER COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS AND SERVICE TO HIS COMMUNITY.

H. 4304 -- Rep. Whipper: A CONCURRENT RESOLUTION HONORING AND RECOGNIZING THE THIRTY-SEVEN YEAR LEGACY OF DR. WILLIS C. HAM, COMMISSIONER OF THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION AND A SPORTS FIGURE, WHO HAS MADE THE TRANSITION TO A STATE LEADER BASED ON HIS ABILITY TO COMMUNICATE, MOTIVATE, AND LEAD.

H. 4305 -- Rep. Bowers: A CONCURRENT RESOLUTION CONGRATULATING THE TOWN OF BRUNSON IN HAMPTON COUNTY ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY.

H. 4306 -- Reps. Spearman, Clyburn and Parks: A CONCURRENT RESOLUTION CONGRATULATING MS. GAYLE P. WERTS ON HER RETIREMENT AS TREASURER OF SALUDA COUNTY.

H. 4307 -- Reps. Koon, Webb, Harvin, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING DR. JAMES A. TIMMERMAN, JR., UPON HIS RETIREMENT AS DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES.

H. 4309 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS VARSITY BASKETBALL TEAM OF WARDLAW ACADEMY OF EDGEFIELD COUNTY ON WINNING THE SCISAA CLASS A STATE CHAMPIONSHIP FOR 1997.

H. 4310 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE SOFTBALL TEAM OF WARDLAW ACADEMY OF EDGEFIELD COUNTY ON WINNING THE SCISAA CLASS A STATE CHAMPIONSHIP FOR 1997.

H. 4311 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE PATRIOTS BASEBALL TEAM OF WARDLAW ACADEMY OF EDGEFIELD COUNTY ON WINNING THE SCISAA CLASS A STATE CHAMPIONSHIP FOR 1997.

H. 4312 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING MS. MARGIE PLUNKETT ON HER RETIREMENT AS TREASURER OF AIKEN COUNTY.

H. 4313 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. WALTER NELSON OF LYNCHBURG AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 4314 -- Reps. Stuart, Bauer, Gamble, Knotts, Koon, Riser and Spearman: A CONCURRENT RESOLUTION CONGRATULATING MS. BETTY BAIRD OF LEXINGTON COUNTY UPON HER RETIREMENT FROM CLEMSON EXTENSION SERVICE.

H. 4326 -- Rep. McLeod: A CONCURRENT RESOLUTION CONGRATULATING SUPERINTENDENT THOMAS EDWARD CALHOUN "TEC" DOWLING FOR HIS DISTINGUISHED LEADERSHIP RECORD AND ACHIEVEMENTS ON BEHALF OF THE CHILDREN OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY.

H. 4328 -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. ANN COUNCIL OF DARLINGTON COUNTY UPON BEING NAMED THE 1996 SOUTH CAROLINA SCHOOL NURSE OF THE YEAR AND TO COMMEND HER FOR HER COMMITMENT TO HEALTH EDUCATION IN SOUTH CAROLINA.

H. 4330 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO COMMEND JANE V. (CANDYE) SLAY, PRINCIPAL OF REDCLIFFE ELEMENTARY SCHOOL IN AIKEN AND ONE OF SOUTH CAROLINA'S MOST HONORED SCHOOL ADMINISTRATORS, UPON HER RETIREMENT.

H. 4331 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF BENCH AND BAR SPOUSES, INCORPORATED, ON ITS FOURTH ANNIVERSARY AND WISHING IT MUCH SUCCESS IN ITS FUTURE ENDEAVORS.

H. 4333 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. DAVID T. SHANNON FOR HIS DISTINGUISHED CAREER AS A UNIVERSITY ADMINISTRATOR, PROFESSOR, AUTHOR, AND MINISTER OF THE GOSPEL UPON HIS RETIREMENT AS PRESIDENT OF ALLEN UNIVERSITY.

H. 4334 -- Rep. Seithel: A CONCURRENT RESOLUTION CONGRATULATING EDWIN S. TAYLOR ON HIS RETIREMENT FROM THE CHARLESTON COUNTY PARK AND RECREATION COMMISSION.

H. 4335 -- Rep. McLeod: A CONCURRENT RESOLUTION CONGRATULATING CHIEF SUMMARY COURT JUDGE J. OSCAR ZOBEL FOR HIS DISTINGUISHED RECORD OF JUDICIAL SERVICE AND EXPRESSING APPRECIATION FOR HIS TWENTY-SIX AND ONE-HALF YEARS AS A NEWBERRY COUNTY MAGISTRATE.

H. 4336 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILBURN BEASLEY OF TURBEVILLE, A LEGEND IN THE FREE WILL BAPTIST CHURCH, FOR A LIFETIME OF SERVICE AS A MINISTER AND COMMUNITY LEADER IN SOUTH CAROLINA AND THE SOUTHEAST.

H. 4337 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. LEO RICHARDSON, DIRECTOR OF INDIVIDUAL AND PROVIDER RIGHTS FOR THE DEPARTMENT OF SOCIAL SERVICES, FOR HIS MANY YEARS OF SERVICE TO THE STATE AND TO WISH HIM WELL UPON HIS RETIREMENT.

H. 4338 -- Rep. Breeland: A CONCURRENT RESOLUTION TO COMMEND THE STRONG FAMILY UPON THE OCCASION OF ITS THIRTY-SEVENTH REUNION TO BE HELD IN CHARLESTON AND TO PROCLAIM THE WEEK OF AUGUST 18 - 24, 1997, AS THE STRONG FAMILY REUNION WEEK IN CHARLESTON.

H. 4339 -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF FORMER SPARTANBURG COUNTY ADMINISTRATOR HUBERT E. JOHNSON AND TO EXTEND DEEPEST SYMPATHY TO THE FAMILY AND MANY FRIENDS.

H. 4340 -- Reps. Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WILLIAM H. BAXLEY, JR., OF HARTSVILLE, SOUTH CAROLINA, ON THE SPECIAL OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY ON SEPTEMBER 7, 1997, AND EXTEND TO THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

H. 4343 -- Reps. Robinson, Rice and Webb: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. ALVIN JUDSON HURT OF PICKENS COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY OVER THE YEARS.

ADJOURNMENT

At 9:40 P.M. the House in accordance with the motion of Rep. BAUER adjourned in memory of Lynn Kempson Wingard of Chapin, to meet at 10:00 A.M. tomorrow in Local Session.

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