Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O, God, our Father, the unfailing Reality behind every shadow, we close the door of the noisy world as we pause at this alter of prayer to acknowledge Your sovereignty. You have made us of Yourself, and our souls are restless until they find peace in You. May our failures prove but steppingstones to our better selves. Use us as builders of roads of concord which shall make rough places smooth and the deep ruts level, and bridges of understanding to span the chasm over which glad and thankful feet shall pass both in our generation and the generations to follow.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. L. ELLIOTT moved that when the House adjourns it adjourn in memory of Trooper H.M. Godbold who was killed in the line of duty in Kershaw County, which was agreed to.
The following was introduced:
H. 4486 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ARTHUR WASHINGTON OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1335 -- Senators Williams and Holland: A CONCURRENT RESOLUTION TO RECOMMEND THAT FOR 1992 ONLY, THE FILING AND PRIMARY DATES FOR LOCAL OFFICES BE CHANGED OR SUITABLY DELAYED TO REFLECT THE DATES OF DELAYS ORDERED BY A COURT OF COMPETENT JURISDICTION WHICH HAVE BEEN CHANGED BY THE COURT FOR ELECTION OF MEMBERS OF THE SENATE, HOUSE OF REPRESENTATIVES, AND UNITED STATES CONGRESS.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4487 -- Reps. Rhoad, McLeod, Littlejohn, Holt, Rama, Quinn, Koon, Farr, Wilder, Riser, Harwell, Harvin, Vaughn, P. Harris, Canty, Jennings, Snow, Bruce, Phillips, Houck, Lanford, Cromer, A. Young, Gonzales, Delleney, McCraw, R. Young and Fair: A BILL TO AMEND SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING ON LANDS WITHOUT CONSENT, SO AS TO AUTHORIZE A PERSON WITHOUT A FIREARM TO ENTER LANDS TO RETRIEVE A HUNTING DOG UNDER CERTAIN CONDITIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4488 -- Reps. Cromer, Harrelson, Smith, Jennings, J. Harris, Tucker, Barber, Shirley, H. Brown, Byrd, Stoddard, Waites, Neilson, Rogers, P. Harris, G. Bailey, Wilkes, Harwell, Harrison, Wright, Riser, G. Brown, Canty, Jaskwhich, Quinn, Felder, Sharpe, D. Elliott, Shissias, Wells, McCraw, Altman, Bruce, Littlejohn, Taylor, Whipper, McGinnis, Sturkie, D. Martin, Koon, L. Elliott, Anderson, Farr, Phillips, Beatty, McKay, Mattos, Vaughn, Chamblee, Keyserling, Cato, Baxley, Harvin, Hyatt, Rudnick, Kempe, Kinon, Stone, Cork, Rhoad, M. Martin, L. Martin, K. Burch and Council: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-462 SO AS TO PROVIDE FOR A PREMIUM REDUCTION FOR AN AUTOMOBILE INSURANCE POLICY WHEN THE PRINCIPAL OPERATOR OF THE INSURED AUTOMOBILE IS INSURED UNDER THE POLICY, IS FIFTY-FIVE YEARS OF AGE OR OLDER, AND HAS COMPLETED SUCCESSFULLY A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.
Referred to Committee on Labor, Commerce and Industry.
H. 4489 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.
Referred to Clarendon Delegation.
H. 4490 -- Reps. Smith and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-113 AND 56-1-245 SO AS TO PROVIDE FOR THE REINSTATEMENT FEE TO BE WAIVED IF A LICENSE IS SUSPENDED OR REVOKED UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works.
H. 4491 -- Rep. Fair: A BILL TO AMEND SECTION 40-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR'S LICENSE, SO AS TO ALLOW CONTRACTORS TO POST A BOND OR OTHER SURETY INSTEAD OF MEETING NET WORTH REQUIREMENTS TO BECOME LICENSED.
Referred to Committee on Labor, Commerce and Industry.
S. 1331 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE GOVERNOR'S TEACHING SCHOLARSHIP/LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 1332 -- Senator Leventis: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, AND ACT 741 OF 1990, RELATING TO THE ELECTION OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17, SO AS TO REAPPORTION THE ELECTION DISTRICTS.
Referred to Sumter Delegation.
S. 1346 -- Senators Williams and Holland: A JOINT RESOLUTION TO CHANGE OR SUITABLY DELAY, FOR 1992 ONLY, THE FILING DATES AND PRIMARY DATES FOR ALL LOCAL OFFICES TO REFLECT THE DATES OR DELAYS ORDERED BY A COURT OF COMPETENT JURISDICTION WHICH HAVE BEEN CHANGED BY THE COURT FOR ELECTION OF MEMBERS OF THE SENATE, HOUSE OF REPRESENTATIVES, AND UNITED STATES CONGRESS.
On motion of Rep. WILKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4500 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1992 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO ISSUE REVENUE BONDS TO IMPLEMENT THE PROVISIONS OF THE COMMISSION ON AGING SENIOR CITIZEN CENTERS PERMANENT IMPROVEMENT PLAN; TO AMEND SECTION 61-3-610 OF THE 1976 CODE, RELATING TO ALCOHOLIC BEVERAGE CONTROL COMMISSION LICENSES TO PURCHASE ALCOHOLIC BEVERAGES FOR COOKING, SO AS TO REVISE THE LICENSE FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 61-3-710 AND 61-5-70, RELATING TO EXPIRATION OF LICENSES ISSUED BY THE COMMISSION, SO AS TO REVISE THE EXPIRATION DATES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 61-5-80, RELATING TO LICENSE FEES, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS, SECTION 61-7-90, RELATING TO REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, AND SECTION 61-9-220, RELATING TO PRODUCERS' CERTIFICATES OF REGISTRATION, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-9-310, RELATING TO EXPIRATION OF PERMITS ISSUED BY THE COMMISSION, SO AS TO REVISE THE PERMIT FEES, EXPIRATION DATES, AND PERMITTING PERIOD; AND TO AMEND SECTION 61-9-1220, RELATING TO PERMITS FOR BREWERIES AND WINERIES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND LICENSE TO PERMIT AND REVISE THE FEES AND THE PERMITTING PERIOD; TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-45 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF CHARITABLE ORGANIZATIONS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-485 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 39-57-55 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BUSINESS OPPORTUNITY SELLERS; TO AMEND THE 1976 CODE BY ADDING SECTION 41-25-35 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES; TO AMEND SECTION 33-55-40, RELATING TO THE REGISTRATION OF CHARITABLE ORGANIZATIONS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 35-1-430 AND SECTION 35-1-480, AS AMENDED, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE; TO AMEND SECTION 39-57-50, AS AMENDED, RELATING TO THE REGISTRATION OF BUSINESS OPPORTUNITY SELLERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEE; AND TO AMEND SECTION 41-25-30, AS AMENDED, RELATING TO THE LICENSING OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES, SO AS TO REVISE THE LICENSE FEE AND LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2719 SO AS TO REQUIRE THE TAX COMMISSION TO CONVERT COIN-OPERATED DEVICE LICENSES TO A BIENNIAL LICENSING PERIOD AND SECTION 12-31-205 SO AS TO REQUIRE THE TAX COMMISSION TO CONVERT MOTOR CARRIER FUEL PERMIT LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO THE LICENSE TAX ON COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE THE LICENSING PERIOD AND TAX; TO AMEND SECTION 12-21-2722, RELATING TO TEMPORARY LICENSES FOR COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-21-2728, RELATING TO AN OPERATOR'S LICENSE FOR COIN-OPERATED DEVICES, AND SECTION 12-21-2730, RELATING TO AN OPERATOR'S LICENSE FOR CERTAIN GAME TABLES, SO AS TO PROVIDE FOR BIENNIAL LICENSING AND REVISE THE LICENSE TAX; TO AMEND SECTION 12-21-2734, AS AMENDED, RELATING TO LICENSES TO ENGAGE IN THE BUSINESS OF COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND DELETE THE PROVISIONS FOR A SIX-MONTH LICENSE; TO AMEND SECTION 12-31-220, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR MOTOR CARRIERS, AND SECTION 12-31-250, AS AMENDED, RELATING TO REGISTRATION CARDS, MARKERS, AND FEES FOR MOTOR CARRIERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEES AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; AND TO AMEND SECTION 3 C(2), PART II, ACT 170 OF 1987, RELATING TO COIN-OPERATED LICENSE RENEWALS AND PURCHASES, SO AS TO REVISE THE LICENSING PERIOD; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-240 SO AS TO REQUIRE THE INSURANCE COMMISSION TO CONVERT ITS ANNUAL LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 38-7-10, RELATING TO THE LICENSE FEES FOR INSURERS, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-7-120, RELATING TO PAYMENTS AND REFUNDS OF INSURANCE FEES AND TAXES, AND SECTION 38-43-70, RELATING TO NONRESIDENT INSURANCE AGENTS, OFFICERS, AND EMPLOYEES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-43-80, RELATING TO LICENSE FEES FOR INSURANCE AGENTS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE FEES, AND DELETE THE AUTHORIZATION FOR SEMIANNUAL LICENSES; TO AMEND SECTION 38-43-110, RELATING TO THE DURATION OF AN AGENT'S LICENSE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE AS AN INSURANCE BROKER, AND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF A NONRESIDENT AS AN INSURANCE BROKER, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE LICENSE FEES; TO AMEND SECTION 38-45-50, RELATING TO THE DURATION OF A BROKER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-47-30, RELATING TO THE FEE FOR AN INSURANCE ADJUSTER'S LICENSE, SO AS TO REVISE THE FEE; TO AMEND SECTION 38-47-40, RELATING TO THE DURATION OF AN ADJUSTER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-49-20, RELATING TO LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO PROVIDE FOR A BIENNIAL LICENSE AND REVISE THE LICENSE FEE; AND TO AMEND SECTION 38-49-30, RELATING TO CANCELLATION OF LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-3-251, 56-3-252, 56-3-253, AND 56-3-254 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DEVELOP A COUNTY PROPERTY TAX STICKER AND PROVIDE FOR RELATED REQUIREMENTS AND PENALTIES, BIENNIAL REGISTRATION OF MOTOR VEHICLES, AND REQUIREMENTS WHEN DELINQUENT PROPERTY TAXES ARE OWED ON A VEHICLE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS PERTAINING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO DEFINE "FREEZE A VEHICLE'S TITLE"; TO AMEND SECTION 56-3-350, RELATING TO THE REFUSAL BY THE DEPARTMENT TO REGISTER AND LICENSE OR TRANSFER REGISTRATION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH REFUSAL IS AUTHORIZED; TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION, SO AS TO DELETE REFERENCES TO A REPEALED SECTION, CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, AND REVISE THE REGISTRATION FEES AND PERIOD; TO AMEND SECTION 56-3-377, RELATING TO THE EXPIRATION OF REGISTRATION, SO AS TO DELETE THE REFERENCE TO A REPEALED SECTION AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, AND THE EXPIRATION FROM TWELVE TO TWENTY-FOUR MONTHS; TO AMEND SECTION 56-3-385, RELATING TO EXTENSION OF THE DEADLINE FOR LICENSE PLATES AND STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-420, RELATING TO REGISTRATION AND LICENSING OF AUTOMOBILE UTILITY TRAILERS, SO AS TO PROVIDE AN ADDITIONAL AUTHORIZATION TO REFUSE REGISTRATION AND LICENSING; TO AMEND SECTION 56-3-610, RELATING TO THE PAYMENT FOR REGISTRATION AND LICENSING, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-620, RELATING TO THE REGISTRATION FEES FOR CERTAIN VEHICLES, AND SECTION 56-3-640, RELATING TO REGISTRATION AND LICENSE FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO FEES, REGISTRATION, AND LICENSING FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, CHANGE THE REGISTRATION AND LICENSING PERIOD, AND REVISE THE FEES; TO AMEND SECTION 56-3-670, RELATING TO SPECIAL FARM VEHICLE LICENSES FOR FARM TRUCKS, SECTION 56-3-700, RELATING TO REGISTRATION FEES FOR TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SECTION 56-3-710, RELATING TO REGISTRATION FEES FOR HOUSE TRAILERS, SECTION 56-3-720, RELATING TO REGISTRATION FEES FOR CAMPERS AND TRAVEL TRAILERS, SECTION 56-3-740, RELATING TO REGISTRATION FEES FOR TRACKLESS TROLLEY BUSES, SECTION 56-3-750, RELATING TO REGISTRATION AND LICENSE FEES FOR SPECIAL MOBILE EQUIPMENT VEHICLES, AND SECTION 56-3-760, RELATING TO REGISTRATION FEES FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-770, RELATING TO REGISTRATION AND LICENSE FEES FOR MOTOR VEHICLES WITH SOLID TIRES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT LICENSE PLATES FOR STATE POLITICAL SUBDIVISION AND CIVIL AIR PATROL MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION AND LICENSE FEES, SO AS TO INCLUDE BIENNIAL REGISTRATION; TO AMEND SECTION 56-3-1230, RELATING TO SPECIFICATIONS FOR LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-1610 AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, SECTIONS 56-3-1750 AND 56-3-1760, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES MILITARY RESERVE, AND SECTION 56-3-1820, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEES; TO AMEND SECTIONS 56-3-2010 AND 56-3-2020, RELATING TO SPECIAL PERSONALIZED LICENSE PLATES FOR CERTAIN PERSONS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-2150 AND 56-3-2160, RELATING TO SPECIAL LICENSE PLATES FOR THE TRANSPORTATION OF HOUSE TRAILERS, SECTIONS 56-3-2810 AND 56-3-2820, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTIONS 56-3-3310 AND 56-3-3320, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL LICENSE PLATES WITH COLLEGE OR UNIVERSITY EMBLEMS, SECTION 56-3-3910, RELATING TO SPECIAL LICENSE PLATES COMMEMORATING THE STATE DANCE, AND SECTION 56-3-3950, RELATING TO SPECIAL "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE LICENSING PERIOD; AND TO REPEAL SECTION 56-3-375 RELATING TO THE REGISTRATION SCHEDULE FOR MOTOR VEHICLES; TO AMEND SECTION 11-9-820, OF THE 1976 CODE, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 40-15-170, AS AMENDED, OF THE 1976 CODE, RELATING TO ANNUAL REREGISTRATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, BY THE STATE BOARD OF DENTISTRY, SO AS TO PROVIDE THAT THE REREGISTRATION FEE FOR DENTISTS SET BY THE BOARD MAY NOT BE LESS THAN TWO HUNDRED DOLLARS AND TO DELETE OBSOLETE LANGUAGE; TO AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT PERSONNEL AND FUNDING FOR THIS OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL AND FINANCIAL RESOURCES AVAILABLE TO THE STATE, AND TO ESTABLISH THE ENERGY ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTION 48-23-100 OF THE 1976 CODE, RELATING TO THE SEEDLING PROGRAM OF THE STATE COMMISSION OF FORESTRY, SO AS TO AUTHORIZE THE REFUND OF DEPOSITS FOR SEEDLING ORDERS AND THE PURCHASE AND RESALE OF SEEDLINGS WHEN DEMAND EXCEEDS SUPPLY, AND TO REQUIRE THAT REVENUE RECEIVED FROM RESALE AND DISTRIBUTION OF SEEDLINGS MUST BE RETAINED IN A SEEDLING PURCHASE REVOLVING FUND AND EXPENDED ONLY FOR THAT PURPOSE; TO AMEND SECTION 44-56-170, AS AMENDED, OF THE 1976 CODE, RELATING TO HAZARDOUS WASTE DISPOSAL FEES AND THE DISPOSITION OF THESE FEES, SO AS TO IMPOSE ADDITIONAL FEES ON THE DISPOSAL OF HAZARDOUS AND NONHAZARDOUS WASTE AT A PERMITTED SITE, TO IMPOSE ADDITIONAL FEES ON THE INCINERATION OF OUT-OF-STATE HAZARDOUS WASTE AT COMMERCIAL FACILITIES, TO DEFINE "INCINERATION" AND PROVIDE FOR COLLECTING THE FEES ON INCINERATION, TO ESTABLISH THE PINEWOOD DEVELOPMENT FUND AND PROVIDE THAT A PORTION OF THE FEES IMPOSED BE CREDITED TO THIS FUND AND TO THE SOUTH CAROLINA HAZARDOUS WASTE CONTINGENCY FUND AND TO PROVIDE FOR THE USE OF THE FUNDS; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO REQUIRE INTEREST ACCRUED ON THE FUND TO BE CREDITED TO THE GENERAL FUND; TO AMEND SECTION 12-23-810 OF THE 1976 CODE, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO REVISE THE IMPOSITION FORMULA OF THE TAX AND TO PROVIDE THAT ANNUAL REVENUE OF THE TAX MUST EQUAL THIRTY RATHER THAN TWENTY-ONE AND ONE-HALF MILLION DOLLARS; TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE INTEREST EARNED BY THE FUND BE CREDITED TO THE GENERAL FUND; TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, AND 41-43-280, ALL OF THE 1976 CODE, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES AND THE PROCUREMENT CODE, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING; TO AMEND THE 1976 CODE BY ADDING SECTION 6-27-45 SO AS TO PROVIDE THAT NO COUNTY OR MUNICIPALITY MAY RECEIVE LESS FROM ITS CURRENT FISCAL YEAR DISTRIBUTION FROM THE LOCAL GOVERNMENT FUND THAN IT RECEIVED IN THE PREVIOUS FISCAL YEAR IF FUNDS AVAILABLE FOR DISTRIBUTION ARE AT LEAST EQUAL TO DISTRIBUTION IN THE PREVIOUS FISCAL YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 6-27-47 SO AS TO PROVIDE THAT A PERCENTAGE OF THE DISTRIBUTION TO A COUNTY FROM THE LOCAL GOVERNMENT FUND MUST BE SPENT ON ROAD MAINTENANCE, TO DIRECT THE STATE TREASURER TO NOTIFY EACH COUNTY ANNUALLY OF THE AMOUNT THAT MUST BE SPENT ON ROAD MAINTENANCE, AND PROVIDE THE FORMULA TO DETERMINE THE PERCENTAGE; TO AMEND SECTION 48-47-175, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO INCREASE THE TAX ON WASTE FROM COMPACT STATES, NOT INCLUDING SOUTH CAROLINA, FROM SIX TO FORTY DOLLARS A CUBIC FOOT; TO AMEND THE 1976 CODE BY ADDING SECTION 25-1-3235 SO AS TO PROVIDE THAT PERSONS BECOMING MEMBERS OF THE NATIONAL GUARD AFTER JUNE 30, 1992, ARE INELIGIBLE TO RECEIVE THE NATIONAL GUARD STATE PENSION AUTHORIZED PURSUANT TO ARTICLE 23, CHAPTER 1, TITLE 25 OF THE 1976 CODE AND TO PROHIBIT THE USE OF FUNDS APPROPRIATED FOR THE ADJUTANT GENERAL'S OFFICE FOR RECRUITING PURPOSES UNLESS THE ENLISTMENT CONTRACT CONTAINS NOTICE OF THIS PROVISION; TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DETERMINATION AND ALLOCATION OF MEDICAID NURSING HOME BEDS AND FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ASSESS A DAILY THREE DOLLARS AND TWENTY-FIVE CENTS A BED FEE ON ALL NURSING HOME BEDS EXCEPT BEDS OWNED OR OPERATED BY THE STATE AND INSTITUTIONAL NURSING HOME BEDS, TO REQUIRE THE FEES TO BE REMITTED BY NURSING HOMES TEN DAYS BEFORE THE END OF THE FISCAL QUARTER, TO PROVIDE A ONE PERCENT PENALTY FOR EACH DAY A QUARTERLY ASSESSMENT IS IN ARREARS AND TO ALLOW DHEC TO WAIVE OR REDUCE THE PENALTY, AND TO PROVIDE THAT NURSING HOMES ASSESSED THE FIVE DOLLAR A PATIENT DAY ADMINISTRATIVE FEE SHALL CONTINUE TO PAY THAT ASSESSMENT THROUGH SEPTEMBER 30, 1992; TO AMEND SECTION 40-43-230, AS AMENDED, OF THE 1976 CODE, RELATING TO ANNUAL LICENSE RENEWALS FOR PHARMACISTS, SO AS TO PROVIDE THAT THE ANNUAL LICENSE RENEWAL FEE IS SEVENTY-FIVE DOLLARS; TO AMEND SECTION 40-47-410 OF THE 1976 CODE, RELATING TO THE ANNUAL REREGISTRATION OF PHYSICIANS AND OSTEOPATHS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PRESCRIBE THAT THE REREGISTRATION FEE SET BY THE BOARD MAY NOT BE LESS THAN THREE HUNDRED DOLLARS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-230 SO AS TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-35-85, SO AS TO PERMIT A GOVERNMENTAL BODY SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE TO PURCHASE GOODS AND SERVICES FROM AN INSTATE SUPPLIER IF THAT SUPPLIER'S PRICE IS LESS THAN THE STATE TERM CONTRACT PRICE; TO AMEND THE 1976 CODE BY ADDING SECTION 58-19-155, SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION TO REMIT ONE HUNDRED FIFTY THOUSAND DOLLARS EACH FISCAL YEAR TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-145 SO AS TO EXEMPT FROM THE LICENSING AND OTHER REGULATORY REQUIREMENTS OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC SCHOOL STUDENTS AND INSTRUCTORS WHOSE CONTRACTING WORK IS PART OF A VOCATIONAL COURSE CURRICULUM; TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2645 SO AS TO IMPOSE THE SALES AND USE TAX ON GROSS PROCEEDS ACCRUING OR PROCEEDING FROM THE BUSINESS OF PROVIDING 900\976 TELEPHONE SERVICE, TO PROVIDE THAT THE APPLICABLE RATE OF THE TAX IS TEN PERCENT, AND TO CREDIT ALL OF THE PROCEEDS OF THE TAX TO THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-85, SO AS TO DIRECT THE COMPTROLLER GENERAL TO ACCRUE VARIOUS TAX AND FEE REVENUES FOR ACCOUNTING PURPOSES; TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-360 SO AS TO PROVIDE THAT SALES TAX REVENUES FROM CATALOG SALES WHICH EXCEED REVENUES FROM SUCH SALES IN FISCAL YEAR 1991-92 MUST BE CREDITED TO A SEPARATE FUND STYLED THE HIGHER EDUCATION SALES TAX FUND, TO PROVIDE THAT FUND REVENUES MUST BE ANNUALLY APPROPRIATED FOR HIGHER EDUCATION FORMULA FUNDING AND MAY NOT BE USED TO SUPPLANT GENERAL FUND APPROPRIATIONS FOR HIGHER EDUCATION; TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF SALES AND USE TAX, SO AS TO REDUCE FROM TEN THOUSAND DOLLARS TO THREE THOUSAND DOLLARS THE TOTAL AMOUNT OF THE DISCOUNT PERMITTED A TAXPAYER IN ANY ONE STATE FISCAL YEAR; AND TO REPEAL SECTION 12-36-2600, RELATING TO THE PAYMENT OF ESTIMATED SALES TAX AND THE PENALTY FOR FAILURE TO MAKE THE APPROPRIATE ESTIMATED PAYMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 13-9-180, 13-9-190, 13-9-200, 13-9-210, AND 13-9-220 SO AS TO REQUIRE THE SAVANNAH VALLEY AUTHORITY TO PROMULGATE REGULATIONS IN ACCORDANCE WITH CHAPTER 23 OF TITLE 1; TO AUTHORIZE THE AUTHORITY TO ESTABLISH PROFIT AND NOT-FOR-PROFIT CORPORATIONS AND TO MAKE GRANTS, LOANS, OR GUARANTEES FOR SUCH A NONPROFIT CORPORATION WHICH DO NOT BECOME AN OBLIGATION OF THE STATE; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO IDENTIFY AND TRANSFER, AT NO COST AND FREE OF ENCUMBRANCES, SURPLUS REAL PROPERTY TO THE AUTHORITY; TO EXEMPT AUTHORITY PROPERTY FROM TAXES AND ASSESSMENTS; TO REAFFIRM THE AUTHORITY AS AN "AGENCY" FOR PURPOSES OF CHAPTER 78 OF TITLE 15 AND TO EXCLUDE IT AS "AGENCY" UNDER SECTIONS 2-7-65 AND 2-57-60; TO AMEND SECTION 13-9-10, AS AMENDED, RELATING TO THE AUTHORITY BOARD AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE THE BOARD AND INCREASE ITS MEMBERSHIP FROM EIGHT TO THIRTEEN; TO AMEND SECTION 13-9-20, RELATING TO OFFICERS AND MEETINGS OF THE BOARD, SO AS TO PERMIT THE ESTABLISHMENT OF ADDITIONAL OFFICES AND COMMITTEES; TO AMEND SECTION 13-9-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO EXEMPT THE AUTHORITY FROM THE STATE PROCUREMENT CODE, TO CONFORM THE NAME "CLARK'S HILL-RUSSELL PROJECT" TO THE "J. STROM THURMOND PROJECT", TO AUTHORIZE THE BOARD TO ACT AS A REGIONAL DEVELOPMENT AGENCY FOR ACQUIRING REAL PROPERTY, AND TO DELETE THE APPROVAL OF THE STATE BUDGET AND CONTROL BOARD FOR SUCH ACQUISITIONS, TO AUTHORIZE THE BOARD TO CHARGE FEES AND OTHER ASSESSMENTS FOR THE USE OF ITS FACILITIES OR SERVICES, TO AUTHORIZE THE BOARD TO EMPLOY, DISMISS, AND COMPENSATE EMPLOYEES AND OTHERS WITHOUT THE STATE EMPLOYEE GRIEVANCE PROCEDURES OR THE STATE PROCUREMENT CODE APPLYING; TO AMEND SECTION 13-9-35, AS AMENDED, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF THE COUNTY LEGISLATIVE DELEGATION FOR THE AUTHORITY TO EXERCISE ITS POWERS IN THAT COUNTY; TO AMEND SECTION 13-9-40, RELATING TO THE ISSUANCE OF BONDS BY THE AUTHORITY, SO AS TO AUTHORIZE THE BOARD TO ISSUE TAXABLE OR TAX EXEMPT BONDS FOR PURPOSES RELATED TO ACQUIRING, CONSTRUCTING, EQUIPPING, MAINTAINING, AND OPERATING A FACILITY; TO AMEND SECTION 13-9-140 RELATING TO THE EARNINGS OF THE AUTHORITY, SO AS TO ALLOW THE FUNDS TO BE UTILIZED IN ACCORDANCE WITH POLICIES OF THE AUTHORITY; TO AMEND SECTION 13-9-150, RELATING TO THE RETENTION OF FUNDS OF THE AUTHORITY, SO AS TO REQUIRE THAT THE AUTHORITY RETAIN UNEXPENDED FUNDS AT THE END OF THE FISCAL YEAR; AND TO PROVIDE FOR MEMBERSHIP TRANSITION PROVISIONS FOR THE NEWLY CONSTITUTED BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-20-67 SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1993-94, STATE FUNDS FOR FRINGE BENEFITS FOR SCHOOL DISTRICT EMPLOYEES MUST BE ALLOCATED ACCORDING TO THE FORMULA USED IN ALLOCATING STATE FUNDS TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT AND TO PROVIDE A TRANSITION DISTRIBUTION FORMULA FOR SCHOOL YEAR 1992-93; TO AMEND THE 1976 CODE BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION MADE BY THE GOVERNING BODY OF A COUNTY FOR POLICE PROTECTION THAT WOULD RESULT IN REORGANIZATION OR RESTRUCTURING OF THE SHERIFF'S DEPARTMENT OR THAT WOULD LIMIT THE DUTIES OF THE SHERIFF OR PROVIDE POLICE PROTECTION BY DUPLICATING DUTIES AND FUNCTIONS OF THE SHERIFF MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM CALLED BY THE GOVERNING BODY OF THE COUNTY; TO AMEND SECTION 12-27-1260, AS AMENDED, OF THE 1976 CODE, RELATING TO THE CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND, SO AS TO DELETE THE PROVISION FOR EARNINGS ON INVESTMENTS FROM THE FUND TO BE DEPOSITED IN THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1295 SO AS TO AUTHORIZE REVENUES CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO MATCH FEDERAL HIGHWAY FUNDS WHEN FEDERAL MATCHING FUNDS WOULD OTHERWISE BE LOST BECAUSE OTHER FUNDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AVAILABLE TO MATCH FEDERAL FUNDS, EXCLUDING "C" FUNDS, ARE EXHAUSTED AND TO PROVIDE THAT SHIMS REVENUES NOT REQUIRED TO MATCH FEDERAL HIGHWAY FUNDS MUST BE EXPENDED ON SHIMS PROJECTS THAT ARE INELIGIBLE TO RECEIVE FEDERAL FUNDS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO REQUIRE ALL STATE AGENCIES AND INSTITUTIONS TO PARTICIPATE IN THE STATE BUDGET AND CONTROL BOARD SUGGESTION AWARDS PROGRAM; TO AMEND SECTIONS 44-2-40 AND 44-2-110, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY RETAIN ALL OF THE ONE HUNDRED DOLLAR TANK REGISTRATION FEE FOR PROGRAM ADMINISTRATION UP TO THREE MILLION DOLLARS A YEAR, TO PROVIDE THAT THE ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE CONTINUES TO APPLY AFTER THE SUPERB ACCOUNT BALANCE REACHES FIFTEEN MILLION DOLLARS, BUT THE FEE IS CREDITED TO THE GENERAL FUND OF THE STATE UNTIL THE SUPERB ACCOUNT BALANCE DROPS TO FIVE MILLION DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO JUNE 30, 1993; TO AMEND SECTIONS 50-21-160 AND 50-23-220 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF FEES AND FINES FOR WATERCRAFT VIOLATIONS AND WATERCRAFT AND OUTBOARD MOTOR TITLE FEES, SO AS TO PERMIT THE FEES ALLOWED TO BE RETAINED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO BE USED FOR ALL DEPARTMENTAL PURPOSES.
Without reference.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4492 -- Rep. J. Harris: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 5, 1992, FOR THE PRESENTATION OF THE ANNUAL VERNER AWARDS.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives of the State House on Tuesday, May 5, 1992, from 5:30 p.m. to 7:00 p.m. for the presentation of the commission's annual Verner Awards.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House chamber on that date and time.
Be it further resolved that authorization for use of the House chamber is subject to cancellation should the House be in regular session on Tuesday, May 5, 1992, beyond the hour of 5:30 p.m.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cole Cooper Corning Council Cromer Delleney Elliott, L. Fair Farr Felder Fulmer Gentry Hallman Harrelson Harris, J. Harris, P. Harrison Haskins Hendricks Hodges Holt Huff Hyatt Inabinett Johnson, J.W. Keegan Kempe Kennedy Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, March 3.
Holly A. Cork Roger Young Candy Y. Waites Kenneth Corbett Michael Jaskwhich B. Hicks Harwell Samuel R. Foster Joseph T. McElveen Dell Baker Richard M. Quinn Harriet Keyserling William Houck D. Elliott C. Lenoir Sturkie Stephen E. Gonzales Maggie Glover C. Alex Harvin III Morgan Martin
STATEMENT OF ATTENDANCE
Rep. MAGGIE GLOVER signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, February 27.
Announcement was made that Dr. Woody Long of Greenville is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4461 -- Rep. Wilder: A BILL TO PROVIDE A PER DIEM ALLOWANCE FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT BOARD OF TRUSTEES IN BARNWELL COUNTY.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 4, which was adopted.
H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 10, which was adopted.
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
The following Bill was taken up.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Debate was resumed on Amendment No. 1A, which was proposed on Wednesday, February 26, by the Committee on Labor, Commerce and Industry.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Reps. T.C. ALEXANDER, M.O. ALEXANDER and WILKINS proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\CYY\18862.SD), which was adopted.
Amend the report of the Labor, Commerce and Industry Committee as and if amended, by striking /at the time/ on line 8 of page [371-2] and inserting /unless/.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. ROSS spoke against the Bill.
Rep. BEATTY objected to the Bill.
The Bill, as amended, was rejected by a division vote of 27 to 38.
Rep. KIRSH moved to adjourn debate upon the following Joint Resolution until Wednesday, March 4, which was adopted.
S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.
H. 3905 -- Rep. J.W. Johnson: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO PURCHASERS IN WRITING ANY NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.
Rep. NEILSON explained the Bill.
S. 1262 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.
H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
Rep. McTEER explained the Bill.
The following Bill was taken up.
H. 4165 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, BROKERS, AND MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8111.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 38-46-10. This chapter may be cited as the 'Reinsurance Intermediary Act'.
Section 38-46-20. As used in this chapter:
(1) 'Actuary' means a person who is a member in good standing of the American Academy of Actuaries.
(2) 'Controlling Person' means a person, a firm, an association, or a corporation who directly or indirectly has power to direct or cause to be directed the management, control, or activities of the reinsurance intermediary.
(3) 'Insurer' means a corporation, a fraternal organization, a burial association, another association, a partnership, a society, an order, an individual, or an aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations.
(4) 'Licensed Producer' means an agent, reinsurance intermediary-broker, or reinsurance intermediary licensed pursuant to the applicable provision of the insurance law.
(5) 'Reinsurance Intermediary' means a reinsurance intermediary-broker or a reinsurance intermediary-manager defined in this section.
(6) 'Reinsurance Intermediary-Broker' means a person, other than an officer or employee of the ceding insurer, who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of the insurer.
(7) 'Reinsurance Intermediary-Manager' means a person who has authority to bind or manage all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for the reinsurer whether known as a reinsurance intermediary-manager or other similar term. The following persons are not reinsurance intermediary-managers with respect to the reinsurer for the purposes of this chapter:
(a) an employee of the reinsurer;
(b) a United States reinsurance intermediary-manager of the United States branch of an alien reinsurer;
(c) an underwriting reinsurance intermediary-manager which, pursuant to contract, manages all the reinsurance operations of the reinsurer, is under common control with the reinsurer, is subject to the Insurance Holding Company Regulatory Act, and whose compensation is not based on the volume of premiums written.
(d) the reinsurance intermediary-manager of a group, association, pool, or organization of insurers which engage in joint underwriting or joint reinsurance and who are subject to examination by the insurance commissioner of the state in which the reinsurance intermediary-manager's principal business office is located.
(8) 'Reinsurer' means a person, a firm, an association, or a corporation licensed in this State pursuant to the applicable provisions of the insurance law as an insurer with the authority to assume reinsurance.
(9) 'To be in violation' means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to comply substantially with this chapter.
(10) 'Qualified United States financial institution' means an institution that:
(a) is organized or, for a United States office of a foreign banking organization, licensed under the laws of the United States or its states;
(b) is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies;
(c) has been determined by either the commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet the standards of financial condition and standing considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit are acceptable to the commissioner.
Section 38-46-30. (A) No person may act as a reinsurance intermediary-broker in this State if he maintains an office directly or as a member or an employee of a firm or an association or as an officer, a director, or an employee of a corporation in:
(1) this State unless the reinsurance intermediary-broker is a licensed producer in this State; or
(2) another state unless the reinsurance intermediary-broker is a licensed producer in that state and is licensed in this State as a reinsurance intermediary. The license may be a nonresident license.
(B) No person may act as a reinsurance intermediary-manager:
(1) for a reinsurer domiciled in this State, unless the reinsurance intermediary-manager is a licensed producer in this State;
(2) in this State if the reinsurance intermediary-manager maintains an office directly or as a member or an employee of a firm or an association or an officer, a director, or an employee of a corporation in this State unless the reinsurance intermediary-manager is a licensed producer in this State;
(3) in another state for a foreign insurer, the reinsurance intermediary-manager is a licensed producer in that state and is licensed in this State as a reinsurance intermediary. The license may be a nonresident license.
(C) For the protection of the reinsurer, the commissioner shall require a reinsurance intermediary-manager subject to subsection (B) to file a fifty thousand dollar bond for each reinsurer represented. The bond must be issued by an insurer acceptable to the commissioner.
(D)(1) The commissioner may issue a reinsurance intermediary license to a person who has:
(a) demonstrated compliance with the requirements of this chapter;
(b) completed satisfactorily an application for a license on forms prepared by the commissioner;
(c) paid a licensing fee of one hundred dollars in connection with the issuance or renewal of the license.
(2) If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, shall designate a resident of this State upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served. The licensee shall notify the commissioner in writing within thirty days of every change in its designated agent for service of process, and the change does not become effective until acknowledged by the commissioner.
(E) The commissioner may refuse to issue a reinsurance intermediary license if, in his judgment, the applicant, a person named on the application, or a member, a principal, an officer, or a director of the applicant is not trustworthy or a controlling person of the applicant is not trustworthy to act as a reinsurance intermediary or if one or more of the foregoing has given cause for revocation or suspension of the license or has failed to comply with a prerequisite for the issuance of the license. Upon written request the commissioner shall furnish a summary of the basis for refusal to issue a license. No reinsurance intermediary license may be refused except on reasonable notice and opportunity to be heard afforded the applicant. An applicant whose application has been denied may appeal as provided in Section 38-3-210.
(F) Licensed attorneys of this State when acting in their professional capacity are exempt from this section.
Section 38-46-40. Transactions between a reinsurance intermediary-broker and the insurer it represents in that capacity only may be entered into pursuant to a written contract specifying the responsibilities of each party. The contract, at a minimum, must provide that:
(1) The insurer may terminate the reinsurance intermediary-broker's authority at any time.
(2) The reinsurance intermediary-broker shall render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary-broker, and remit all funds due to the insurer within thirty days of receipt.
(3) Funds collected for the insurer's account must be held by the reinsurance intermediary-broker in a fiduciary capacity in a bank which is a qualified United States financial institution.
(4) The reinsurance intermediary-broker shall comply with Section 38-46-50.
(5) The reinsurance intermediary-broker shall comply with the written standards established by the insurer for the cession or retrocession of all risks.
(6) The reinsurance intermediary-broker shall disclose to the insurer a relationship with a reinsurer to which business will be ceded or retroceded.
Section 38-46-50. (A) For at least ten years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, he shall keep a complete record for each transaction showing:
(1) the type of contract, limits, underwriting restrictions, classes or risks, and territory;
(2) the period of coverage including effective and expiration dates, cancellation provisions, and notice required for cancellation;
(3) reporting and settlement requirements of balances;
(4) the rate used to compute the reinsurance premium;
(5) the names and addresses of assuming reinsurers;
(6) the rates of all reinsurance commissions including the commissions on retrocessions handled by the reinsurance intermediary-broker;
(7) related correspondence and memoranda;
(8) proof of placement;
(9) the details regarding retrocessions handled by the reinsurance intermediary-broker including the identity of retrocessionaries and percentage of each contract assumed or ceded;
(10) financial records including, but not limited to, premium and loss accounts;
(11) when the reinsurance intermediary-broker procures a reinsurance contract on behalf of an insurer:
(a) directly from an assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
(b) if placed through a representative of the assuming reinsurer other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.
(B) The insurer must have access and the right to copy and audit all accounts and records maintained by the reinsurance intermediary-broker related to its business in a form usable by the insurer.
Section 38-46-60. (A) An insurer may not engage the services of a person, a firm, an association, or a corporation to act as a reinsurance intermediary-broker on its behalf unless the person is licensed as required by Section 38-46-30(A).
(B) An insurer may not employ an individual who is employed by a reinsurance intermediary-broker with which it transacts business unless the reinsurance intermediary-broker is under common control with the insurer and subject to the Insurance Holding Company Regulatory Act.
(C) The insurer annually shall file with the commissioner not later than March first a copy of the statements of the financial condition of each reinsurance intermediary-broker which the insurer has engaged. The statements must be prepared by an independent certified accountant in a form acceptable to the commissioner.
Section 38-46-70. Transactions between a reinsurance intermediary-manager and the reinsurer it represents in that capacity only may be entered into pursuant to a written contract specifying the responsibilities of each party, which must be approved by the reinsurer's Board of Directors. No contract by which a reinsurer assumes or cedes business through a reinsurance intermediary-manager may be entered into unless the insurer has notified the commissioner in writing at least thirty days in advance of its intention to enter into the contract, has furnished a true copy of the contract to the commissioner, and the commissioner has not disapproved it within the thirty days. The contract, at a minimum, must provide:
(1) The reinsurer may terminate the contract for cause upon written notice to the reinsurance intermediary-manager. The reinsurer immediately may suspend the authority of the reinsurance intermediary-manager to assume or cede business during the pendency of a dispute regarding the cause for termination.
(2) The reinsurance intermediary-manager shall render accounts to the reinsurer accurately detailing all material transactions including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary-manager and remit all funds due under the contract to the reinsurer within thirty days.
(3) All funds collected for the reinsurer's account must be held by the reinsurance intermediary-manager in a fiduciary capacity in a bank which is a qualified United States financial institution. The reinsurance intermediary-manager may retain no more than ninety days estimated claims payments and allocated loss adjustment expenses. The reinsurance intermediary-manager shall maintain a separate bank account for each reinsurer that it represents.
(4) For at least ten years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-manager, he shall keep a complete record for each transaction showing:
(a) the type of contract, limits, underwriting restrictions, classes or risks, and territory;
(b) the period of coverage including effective and expiration dates, cancellation provisions, notice required of cancellation, and disposition of outstanding reserves on covered risks;
(c) reporting and settlement requirements of balances;
(d) the rate used to compute the reinsurance premium;
(e) the names and addresses of reinsurers;
(f) the rates of all reinsurance commissions including the commissions on retrocessions handled by the reinsurance intermediary-manager;
(g) related correspondence and memoranda;
(h) proof of placement;
(i) the details regarding retrocessions handled by the reinsurance intermediary-manager, as permitted by Section 38-46-90(D), including the identity of retrocessionaires and percentage of each contract assumed or ceded;
(j) financial records including, but not limited to, premium and loss accounts;
(k) when the reinsurance intermediary-manager places a reinsurance contract on behalf of a ceding insurer:
(i) directly from an assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
(ii) if placed through a representative of the assuming reinsurer other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.
(5) The reinsurer must have access and the right to copy all accounts and records maintained by the reinsurance intermediary-manager related to its business in a form usable by the reinsurer.
(6) The contract must not be assigned in whole or in part by the reinsurance intermediary-manager.
(7) The reinsurance intermediary-manager shall comply with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession of all risks.
(8) The rates, terms, and purposes of commissions, charges, and other fees which the reinsurance intermediary-manager may levy against the reinsurer must be set forth.
(9) If the contract permits the reinsurance intermediary-manager to settle claims on behalf of the reinsurer:
(a) All claims must be reported to the reinsurer in a timely manner.
(b) A copy of the claim file must be sent to the reinsurer at its request or as soon as it becomes known that the claim:
(i) has the potential to exceed fifty thousand dollars or the limit set by the reinsurer, whichever is less;
(ii) involves a coverage dispute;
(iii) may exceed the reinsurance intermediary-manager's claims settlement authority;
(iv) is open for more than six months; or
(v) is closed by payment of fifty thousand dollars or an amount set by the reinsurer, whichever is less;
(c) All claim files must be the joint property of the reinsurer and reinsurance intermediary-manager. However, upon an order of liquidation of the reinsurer the files become the sole property of the reinsurer or its estate. The reinsurance intermediary-manager must have reasonable access to and the right to copy the files on a timely basis.
(d) Settlement authority granted to the reinsurance intermediary-manager may be terminated for cause upon the reinsurer's written notice to the reinsurance intermediary-manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination.
(10) If the contract provides for a sharing of interim profits by the reinsurance intermediary-manager, interim profits must not be paid until one year after the end of each underwriting period for property business and five years after the end of each underwriting period for casualty business, or a later period set by the commissioner for specified lines of insurance, and not until the adequacy of reserves on remaining claims has been verified pursuant to Section 38-46-90(C).
(11) The reinsurance intermediary-manager annually shall provide the reinsurer with a statement of its financial condition prepared by an independent certified accountant.
(12) The reinsurer at least semi-annually shall conduct an on-site review of the underwriting and claims processing operations of the reinsurance intermediary-manager.
(13) The reinsurance intermediary-manager shall disclose to the reinsurer relationships it has with an insurer before ceding or assuming business with the insurer pursuant to this contract.
(14) Within the scope of its actual or apparent authority the acts of the reinsurance intermediary-manager are considered to be the acts of the reinsurer on whose behalf it is acting.
Section 38-46-80. The reinsurance intermediary-manager may not:
(1) cede retrocessions on behalf of the reinsurer, except the reinsurance intermediary-manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for the retrocessions. The guidelines must include a list of reinsurers with which the automatic agreements are in effect and for each reinsurer, the coverages and amounts or percentages that may be reinsured and commission schedules;
(2) commit the reinsurer to participate in reinsurance syndicates;
(3) appoint a licensed producer without assuring that the licensed producer is licensed lawfully to transact the type of reinsurance for which he is appointed;
(4) without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds fifty thousand or one percent of the reinsurer's policyholder's surplus as of December thirty-first of the last completed calendar year, whichever is less;
(5) collect payment from a retrocessionaire or commit the reinsurer to a claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be forwarded to the reinsurer within ten days;
(6) jointly employ an individual who is employed by the reinsurer unless the reinsurance intermediary-manager is under common control with the reinsurer subject to the Insurance Holding Company Regulatory Act;
(7) appoint a reinsurance intermediary-submanager.
Section 38-46-90. (A) A reinsurer may not engage the services of a person, a firm, an association, or a corporation to act as a reinsurance intermediary-manager on its behalf unless the person is licensed as required by Section 38-46-30(B).
(B) The reinsurer annually shall file with the commissioner not later than March first a copy of statements of the financial condition of each reinsurance intermediary-manager which the reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the commissioner.
(C) If a reinsurance intermediary-manager establishes loss reserves, the reinsurer annually shall obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the reinsurance intermediary-manager. The opinion must be filed not later than March first. This opinion is in addition to other required loss reserve certification.
(D) Binding authority for all retrocessional contracts or participation in reinsurance syndicates rests with an officer of the reinsurer who must not be affiliated with the reinsurance intermediary-manager.
(E) Within thirty days of termination of a contract with a reinsurance intermediary-manager, the reinsurer shall provide written notification of termination to the commissioner.
(F) A reinsurer may not appoint to its board of directors, an officer, a director, an employee, a controlling shareholder, or a subproducer of its reinsurance intermediary-manager. This subsection does not apply to relationships governed by the Insurance Holding Company Regulatory Act or, if applicable, the Broker Controlled Insurer Act.
Section 38-46-100. (A) A reinsurance intermediary is subject to examination by the commissioner. The commissioner must have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the commissioner.
(B) A reinsurance intermediary-manager may be examined as if he were the reinsurer.
Section 38-46-110. (A) A reinsurance intermediary, insurer, or reinsurer found by the commissioner after a hearing conducted in accordance with Regulation 69-31 to be in violation of this chapter:
(1) for each separate violation, shall pay a penalty of not more than fifteen thousand dollars and thirty thousand dollars if the violation is wilful;
(2) is subject to revocation or suspension of its license;
(3) for a violation committed by the reinsurance intermediary, make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation.
(B) The decision, determination, or order of the commissioner pursuant to subsection (A) is subject to judicial review pursuant to Section 38-3-210.
(C) This section does not affect the right of the commissioner to impose other penalties provided by Title 38.
(D) This chapter does not limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer rights to those persons.
Section 38-46-120. The commissioner may promulgate reasonable regulations for the implementation and administration of this chapter."
SECTION 2. This act takes effect six months after approval by the Governor. No insurer or reinsurer may utilize the services of a reinsurance intermediary after the effective date unless utilization is in compliance with Chapter 46, Title 38 of the 1976 Code./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
Rep. BAXLEY moved to adjourn debate upon the Bill until Wednesday, March 3, which was adopted.
The following Bill was taken up.
H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8127.BD), which was adopted.
Amend the bill, as and if amended, Section 40-1-80, SECTION 1, beginning on line 31, by striking /are not related to anyone/ and inserting /have no immediate family member/ and line 33, after /accounting./ by inserting /As used in this section, 'immediate family member' means spouse, parents, children, brothers, and sisters./ so that when amended the section reads:
/Section 40-1-80. The board shall consist consists of nine members,: five of whom shall be licensed certified public accountants, two of whom shall be licensed public accountants or licensed accounting practitioners, and two of whom shall be public members who are not engaged in the practice of public accounting, have no financial interest in the profession of public accounting, and have no immediate family member in the profession of public accounting. As used in this section, 'immediate family member' means spouse, parents, children, brothers, and sisters. Members shall must be appointed by the Governor for terms of three years and until their successors are appointed and qualify. Vacancies may be filled by the Governor for unexpired terms. The Governor shall remove any a member of the board for neglect of duty or other just cause./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO PROVIDE THAT THE SALES TAX EXEMPTION FOR RELIGIOUS PUBLICATIONS HELD UNCONSTITUTIONAL IN THE SOUTH CAROLINA SUPREME COURT CASE THAYER V. SOUTH CAROLINA TAX COMMISSION ONLY MAY BE APPLIED PROSPECTIVELY.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12190.HC), which was adopted.
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Notwithstanding the provisions of Section 12-36-90(1)(c)(iii)(C) of the 1976 Code, co-payments required pursuant to written motor vehicle warranty contracts on warranty work performed before October 1, 1991, do not subject the value of the parts replaced to the sales and use tax under the definition of "gross proceeds of sales" of Section 12-36-90 of the 1976 Code.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3010 -- Rep. Kirsh: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF SIX MONTHS INSTEAD OF ONE YEAR.
Rep. G. BROWN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18890.SD), which was tabled.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. The 1976 Code is amended by adding:
"Section 20-3-15. Notwithstanding any other provisions of law, no person over the age of seventy-five may be required to pay or continue paying alimony by a court of competent jurisdiction in this State without his consent.
The provisions of this section are retroactive to January 1, 1992."
SECTION 3. Section 1 of this act takes effect when the Constitution is amended to authorize the provisions of Section 1 of this act. Section 2 of this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. HUFF moved to table the amendment, which was agreed to.
Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18889.SD), which was tabled.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. The 1976 Code is amended by adding:
"Section 20-3-15. Notwithstanding any other provisions of law, no person over the age of seventy-five may be required to pay or continue paying alimony by a court of competent jurisdiction in this State without his consent."
SECTION 3. Section 1 of this act takes effect when the Constitution is amended to authorize the provisions of Section 1 of this act. Section 2 of this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. MANLY moved to table the amendment, which was agreed to by a division vote of 96 to 1.
Reps. L. MARTIN, MARCHBANKS, WOFFORD, KLAPMAN, MEACHAM, D. MARTIN, WELLS and HYATT objected to the Bill.
Rep. L. MARTIN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4486 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ARTHUR WASHINGTON OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:45 P.M. the House in accordance with the motion of Rep. L. ELLIOTT adjourned in memory of Trooper H.M. Godbold who was killed in the line of duty in Kershaw County, to meet at 10:00 A.M. tomorrow.
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