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:
Almighty Father, Whose concern for Your people knows no limit, enable us to rely increasingly upon Your providential care as we place our welfare in the hands of our all-powerful God. Forbid that we should become so absorbed in preparing for a rainy day as to miss today's sunshine, that we should complain about the noise when it is opportunity knocking. Lord, make our lives windows of Your light and mirrors to reflect Your love to everyone we meet. Cause us to know that success is getting up more oftener than falling down.
Give us the confidence of the Psalmist when he wrote: "The Lord of hosts is with us; the God of Jacob is our Refuge" (Psalm 46:11). 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.
TO: Clerk of the Senate
Clerk of the House
FROM: Eugene C. Stoddard, Chairman
DATE: April 28, 1992
RE: Transcripts of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and House.
SCREENING BEFORE THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES, HELD IN ROOM 433, BLATT STATE OFFICE BUILDING, COLUMBIA, SOUTH CAROLINA, ON APRIL 2, 1992, COMMENCING AT THE HOUR OF 9:00 A.M.
MEMBERS OF COMMITTEE IN ATTENDANCE:
REP. EUGENE C. STODDARD, CHAIRMAN
REP. DANIEL E. MARTIN, SR., SECRETARY
SENATOR WARREN K. GIESE
SENATOR NELL W. SMITH
REP. JENNINGS G. McABEE
REP. H. HOWELL CLYBORNE, JR.
PURSUANT TO ACT 119 OF 1975, THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES WAS CONVENED TO CONSIDER THE QUALIFICATIONS OF CANDIDATES SEEKING TO FILL CERTAIN POSITIONS ON BOARDS OF TRUSTEES OF THE STATE'S COLLEGES AND UNIVERSITIES. THE COMMITTEE CONDUCTS SUCH INVESTIGATION OF EACH CANDIDATE AS IT DEEMS APPROPRIATE AND REPORTS ITS FINDINGS TO THE GENERAL ASSEMBLY PRIOR TO ELECTION. IT IS NOT THE FUNCTION OF THE COMMITTEE TO RECOMMEND ONE CANDIDATE OVER ANOTHER OR TO SUGGEST TO THE INDIVIDUAL LEGISLATOR FOR WHOM TO VOTE. OUR ROLE IS INSTEAD THAT OF DETERMINING WHETHER A CANDIDATE IS QUALIFIED AND UNDER THE STATUE OUR DETERMINATION IN THAT REGARD IS NOT BINDING UPON THE GENERAL ASSEMBLY.
FOURTEEN CANDIDATES WHO WERE UNDER CONSIDERATION AT THE TIME OF THE HEARING ARE DISCUSSED IN THIS REPORT.
THE CANDIDATES ARE:
CLEMSON UNIVERSITY--Three vacant seats
John J. Britton
Louis B. Lynn
Patricia H. McAbee
Allen P. Wood
UNIVERSITY OF SOUTH CAROLINA
2nd Judicial Circuit
Charles E. Simons, III
4th Judicial Circuit
Gus Hoffmeyer, Jr.
J. DuPre Miller
6th Judicial Circuit
James Bradley
8th Judicial Circuit
Herbert C. Adams
James E. Wiseman, III
10th Judicial Circuit
Lily-Roland Hall
14th Judicial Circuit
Helen C. Harvey
15th Judicial Circuit
Eugene C. Floyd
16th Judicial Circuit
Samuel R. Foster
REP. STODDARD: WELL, LADIES AND GENTLEMEN IT'S NICE TO HAVE YOU WITH US AND WE'LL START NOW. FOR CLEMSON UNIVERSITY WITH THREE VACANT SEATS WITH FOUR CANDIDATES AND WE'LL START WITH DR. JOHN J. BRITTON.
REP. McABEE: MR. CHAIRMAN.
REP. STODDARD: MR. McABEE.
REP. McABEE: I WILL NOT PARTICIPATE IN THE SCREENING FOR THE CLEMSON CANDIDATES. HOWEVER, I WILL RETURN FOR THE SCREENING OF THE UNIVERSITY OF SOUTH CAROLINA CANDIDATES.
REP. STODDARD: MR. McABEE IS EXCUSED FROM THE CLEMSON UNIVERSITY SCREENING.
(JOHN J. BRITTON, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR I DON'T.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A ABSOLUTELY, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, I DON'T.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, I DON'T MR. CHAIRMAN.
Q ANY QUESTIONS OF THE GENTLEMAN?
REP. STODDARD: YOU MAY STEP DOWN SIR.
REP. STODDARD: NEXT WE HAVE DR. LOUIS B. LYNN.
(LOUIS B. LYNN, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
MR. LYNN: GOOD MORNING MR. CHAIRMAN. I AM LOUIS LYNN.
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOUR NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF DR. LYNN?
REP. STODDARD: THANK YOU.
REP. STODDARD: NEXT WE HAVE PATRICIA H. McABEE.
(PATRICIA H. McABEE, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOU PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUEL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF MS. McABEE?
REP. STODDARD: THANK YOU MA'AM.
REP. STODDARD: MR. WOOD.
MR. WOOD: MR. CHAIRMAN, I AM ALLEN WOOD.
(ALLEN WOOD, CANDIDATE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, I DO NOT.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTEREST, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, I DO NOT.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, I DO NOT.
Q ANY QUESTIONS OF THE GENTLEMAN?
REP. STODDARD: THANK YOU MR. WOODS.
REP. STODDARD: MR. CLYBORNE.
REP. CLYBORNE: YES, SIR. I MOVE THAT WE CERTIFY THE CLEMSON APPLICANTS AS QUALIFIED.
REP. STODDARD: YOU HAVE HEARD THE MOTION, ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT. WE FIND THE CLEMSON CANDIDATES ALL QUALIFIED. THANK YOU LADIES AND GENTLEMEN.
REP. STODDARD: NEXT, WE GO TO THE UNIVERSITY OF SOUTH CAROLINA. IN THIS CATEGORY WE HAVE JAMES BRADLEY, LILY-ROLAND HALL, HELEN HARVEY, SAMUEL R. FOSTER AND EUGENE C. FLOYD UNOPPOSED.
REP. CLYBORNE: MR. CHAIRMAN.
REP. STODDARD: YES SIR, MR. CLYBORNE.
REP. CLYBORNE: I MOVE THAT THOSE CANDIDATES THAT ARE NOT CHALLENGED BE CERTIFIED AS QUALIFIED.
REP. STODDARD: MR. CLYBORNE MOVES THAT WE WAIVE THE SCREENING ON THE UNOPPOSED CANDIDATES. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
REP. STODDARD: NEXT, WE COMMENCE ON THOSE WITH OPPOSITION. SECOND JUDICIAL CIRCUIT, CHARLES E. SIMONS, III.
MR. SIMONS: GOOD MORNING , MR. CHAIRMAN.
REP. STODDARD: YES, SIR.
(CHARLES E. SIMONS, III, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE SECOND JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR NELL W. SMITH: MR. CHAIRMAN.
Q WE ARE CERTAINLY GLAD TO HAVE YOU COME BEFORE US AND I WOULD JUST ASK YOU THIS. HOW DO YOU SEE YOUR RESPONSIBILITY AS A BOARD MEMBER, IF YOU WERE TO BECOME ONE, TO THE POLICY-MAKING PROCESS OF THE BOARD AND HOW DO YOU SEE THE ROLE OF A TRUSTEE?
A I SEE THE ROLE OF A TRUSTEE AS BEING ONE OF A GENERAL OVERSIGHT IN ESTABLISHING POLICY AND BEING CAREFUL AND ATTENTIVE NOT TO GET INVOLVED IN THE DAY TO DAY OPERATION OF THE UNIVERSITY, ON PERSONNEL MATTERS AND THAT SORT OF THING. NOW, AS ONE OF TWENTY-TWO MEMBERS OF THE BOARD, I SEE MY POSITION AS BEING ONE OF BEING A TEAM PLAYER AND BEING COOPERATIVE AND RESPONSIVE TO THE IDEALS AND PHILOSOPHIES OF MY COLLEAGUES SO THAT WE TOGETHER AS A GROUP CAN DO JUST THAT, SET THE POLICY FOR A FLAGSHIP INSTITUTION IN THE STATE.
Q THANK YOU, AND THE OTHER QUESTION I WOULD ASK YOU IS THAT, AS YOU WELL KNOW, THERE ARE TIMES WHEN THERE ARE QUESTIONS ASKED OF THE GENERAL ASSEMBLY OF HOW THINGS OCCURRED THAT WE ARE NOT AWARE OF OR THAT THE BOARD IS NOT AWARE OF. I THINK YOU HAVE TO HAVE A TREMENDOUS RESPONSIBILITY TODAY IN ANY BOARD POSITION TO BE VERY ACTIVE AND INVOLVED IN QUESTIONING AND TRYING TO DETERMINE, FOR YOURSELF, THE ACTIVITIES OF THE UNIVERSITY AND THOSE DECISIONS THAT ARE TO BE MADE BY THE BOARD THAT YOU SHOULD BE INVOLVED IN. AND I GUESS THAT IS REALLY WHAT I AM ASKING YOU. WOULD YOU BE THE KIND OF PERSON WHO WOULD BE ASKING QUESTIONS IF THERE WERE SOMETHING THAT OCCURRED THAT YOU HAD CONCERN ABOUT THAT YOU WOULD PURSUE IT INTERNALLY?
A YES, MA'AM. I HAVE SERVED THE LAST EIGHT YEARS ON THE BOARD AND I THINK I HAVE BEEN THAT KIND OF BOARD MEMBER AND I SEE NO REASON WHY I WOULDN'T CONTINUE TO BE.
SENATOR SMITH: THANK YOU.
REP. STODDARD: ANY FURTHER QUESTIONS OF THE GENTLEMAN? THANK YOU MR. SIMONS.
MR. SIMONS: THANK YOU.
REP. STODDARD: MR. SIMONS HAD AN OPPONENT, MR. TOMMY A. HOUSTON. IS HE PRESENT? MR. HOUSTON DID NOT RESPOND TO ANY OF THE COMMUNICATIONS TO HIM. HE MAILED A LETTER OF INTENT BUT DIDN'T SEND BACK ANY OF HIS INFORMATION AT ALL. I DON'T KNOW WHAT THE COMMITTEE MIGHT WANT TO DO ON THAT. WE'LL PASS OVER IT AT THIS TIME.
REP. STODDARD: IN THE FOURTH JUDICIAL CIRCUIT, WE HAVE GUS HOFFMEYER, JR.
(GUS HOFFMEYER, JR., CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE FOURTH JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A AT ANY TIME.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR NELL W. SMITH: MR. CHAIRMAN.
Q I WOULD ASK THE SAME QUESTION. HOW DO YOU SEE YOUR ROLE AS A MEMBER OF THE BOARD OF TRUSTEES?
A I'LL BE GLAD TO ANSWER THAT. IF YOU DON'T MIND, I'LL READ A LITTLE STATEMENT. I HAVE LONG HAD AN INTEREST IN THE UNIVERSITY OF SOUTH CAROLINA AND FEEL STRONGLY THAT I AM QUALIFIED TO HELP MOVE CAROLINA INTO A PROMINENT POSITION OF RECOGNITION. I THINK IT IS IMPORTANT THAT WE STRIVE FOR RECOGNITION AT ALL LEVELS - INTERNATIONAL, NATIONAL, AND IN OUR OWN STATE. IT IS, HOWEVER, MOST IMPORTANT THAT WE FOCUS FIRST ON MEETING THE NEEDS OF THE CITIZENS OF SOUTH CAROLINA AND BUILD A BASE OF WELL-EDUCATED PEOPLE. I WILL WORK WITH THE ADMINISTRATION TO IMPROVE THE UTILIZATION OF RESOURCES AVAILABLE TO THE UNIVERSITY OF SOUTH CAROLINA, BUT AT THE SAME TIME, I WOULD HOLD THEM ACCOUNTABLE FOR THEIR ACTIONS AND ALSO THE BOARDS ACTIONS. I THINK WE MUST UTILIZE THESE RESOURCES IN A PRUDENT BUT EFFECTIVE WAY. I THINK THE MISSION OF THE UNIVERSITY MUST BE ONE OF VISION. TO ACHIEVE OUR GOALS I THINK IT WILL REQUIRE TIME AND COMMITMENT BY THE BOARD - WHICH I AM PREPARED TO GIVE.
Q AND I WOULD ALSO ASK YOU THIS ONCE AGAIN. I SEE THE UNIVERSITY AS A VERY PROUD SCHOOL AND THEY HAVE A VERY PROUD HERITAGE AND I HAVE BEEN, JUST LIKE MY COLLEAGUES I'M SURE, VERY CONCERNED OVER THE ADVERSE PUBLICITY THAT IT HAS RECEIVED. AND I WOULD SAY TO YOU, AS A BOARD MEMBER, DO YOU FEEL THAT YOU HAVE THE STRENGTHS AND THE TALENTS TO PERSEVERE IN ENTITIES WHERE YOU NEED TO FOLLOW UP AND DETERMINE A PROBLEM OF THE UNIVERSITY THAT CAN EFFECT ADVERSELY, AS WE'VE BEEN THROUGH?
A I HAVE SERVED ON THE DARLINGTON COUNTY BOARD OF TRUSTEES, THE EDUCATION BOARD, FOR TEN YEARS. I BELIEVE IN INFORMING THE ADMINISTRATION OF WHAT WE KNOW AS BOARD MEMBERS AND I THINK WE NEED TO RUN IT IN A GOOD, EFFICIENT WAY AND NOT HIDE THINGS.
SENATOR NELL W. SMITH: THANK YOU.
REP. STODDARD: ANY OTHER QUESTIONS? THANK YOU SIR.
REP. STODDARD: NEXT CANDIDATE FROM THE FOURTH CIRCUIT IS J. DUPRE MILLER.
MR. MILLER: GOOD MORNING.
(J. DUPRE MILLER, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE FOURTH JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR I DO NOT.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A I THINK THAT I DO SIR. I SIMPLY STATE THAT I AM PRESENTLY SERVING AS THE MUNICIPAL JUDGE OF THE CITY OF BENNETTSVILLE. IF ELECTED I WILL IMMEDIATELY RESIGN THAT JUDGESHIP.
Q ANY QUESTIONS OF THE GENTLEMAN?
Q I AM GOING TO ASK THE SAME QUESTION THAT I HAVE ASKED ALL OF YOU. I NOTICE HERE THAT YOU HAVE SERVED TO ON A HOSPITAL BOARD AND BAR ASSOCIATION. I AM SURE YOU HAVE CERTAINLY DEALT WITH BOARD MEETINGS WHERE THERE WERE CONTROVERSIES AND DIFFERENCES, AND HOW DO YOU SEE YOUR ROLE AS A POTENTIAL TRUSTEE OR A TRUSTEE IN SITUATIONS WHERE THERE ARE SOME VERY CRITICAL DECISIONS THAT HAVE TO BE MADE. HOW DO YOU SEE YOUR ROLE, ARE YOU AN ACTIVE PARTICIPANT WITHIN THE BOARD STRUCTURE OR WOULD YOU BE, OR DO YOU JUST ACCEPT INFORMATION.
A I WOULD TRY TO BE AN ACTIVE PARTICIPANT, OF COURSE I WOULD WANT TO BE WELL-INFORMED OF THE SITUATION BEFORE MAKING ANY STATEMENT OR TAKING ANY POSITION.
SENATOR GIESE: MAY I ASK A QUESTION?
Q IT SEEMS THAT THE ATHLETIC SITUATION AT SOME OF THE LARGER UNIVERSITIES IS CONSTANTLY IN THE HEADLINES. WHAT DO YOU THINK THE BOARD OF TRUSTEES POSITION IS IN SOMETHING THAT HAS AS HIGH A VISIBILITY AS ATHLETICS?
A WHAT THE BOARD'S POSITION WOULD BE SIR?
Q THE BOARD'S RESPONSIBILITY?
A WELL, I THINK THAT RESPONSIBILITY OF THE BOARD PERTAINING TO ATHLETICS OR ANY OTHER PHASE OF THE UNIVERSITY SHOULD BE THE SAME. I DON'T THINK EMPHASIS SHOULD BE PLACED MORESO ON ATHLETICS THAT ANY OTHER CURRICULUM OR ANYTHING ELSE. I FEEL, IT IS MY UNDERSTANDING, THAT THERE ARE COMMITTEES ON THE BOARD WHICH WOULD DEAL WITH ATHLETICS AND MAKE RECOMMENDATIONS TO THE FULL BOARD. I AM NOT SURE I HAVE ANSWERED YOUR QUESTION. I'M NOT SURE I UNDERSTOOD YOUR QUESTION.
Q NO, I THINK THAT WOULD BE ADEQUATE. CLEMSON HAS BEEN IN RATHER HIGH VISIBILITY LATELY ABOUT EITHER THE FIRING OR DEMOTING OF ONE OF THEIR DEPARTMENT HEADS. DO YOU THINK THE BOARD HAS ANY RESPONSIBILITY IN INVESTIGATING SOMETHING LIKE THAT?
A OH, YES SIR I CERTAINLY DO. IF THAT WOULD PRESENT A PROBLEM OR COME TO THEIR ATTENTION I CERTAINLY FEEL THAT THEY SHOULD MAKE AN INVESTIGATION. I CERTAINLY DO.
Q AND THEN WHAT WOULD YOUR NEXT STEP BE?
A I WOULD HOPE THAT THE PRESIDENT OF THE UNIVERSITY WOULD HAVE A RECOMMENDATION ALONG THOSE LINES. IF HE DIDN'T, I CERTAINLY FEEL THAT AN INVESTIGATION SHOULD BE MADE AND DECISION ARRIVED.
REP. STODDARD: ANY FURTHER QUESTIONS?
REP. STODDARD: THANK YOU SIR. NEXT WE HAVE THE EIGHTH JUDICIAL CIRCUIT, MR. HERBERT ADAMS.
(HERBERT ADAMS, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE EIGHTH JUDICIAL CIRCUIT, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF MR. ADAMS?
SENATOR NELL W. SMITH: YES, SIR I CERTAINLY DO.
Q MR. ADAMS, YOU SERVED AND I VERY WELL REMEMBER WHEN YOU FIRST RAN AND YOU'VE SERVED THROUGH A VERY DIFFICULT TIME AT THE UNIVERSITY. A TIME THAT I THING I REGRET VERY MUCH MYSELF, AS A MEMBER OF THE GENERAL ASSEMBLY. THAT I HAVE BEEN CALLED ON MANY OCCASIONS, FIRST OF ALL HOW DID THE BOARD MEMBERS GET THERE. AND MANY TIMES I SAY, WELL, BY VOTE OF THE GENERAL ASSEMBLY. SO I FEEL WE HAVE A RESPONSIBILITY AND I FEEL CERTAINLY YOU HAVE A RESPONSIBILITY. AND I WOULD ASK YOU WITH THE CONTROVERSIES YOU HAVE DEALT WITH OVER THE PAST SEVERAL YEARS AND THE HURT AND HARM THAT I THINK HAS DEVELOPED AT THE UNIVERSITY, ARE THERE THINGS THAT YOU HAVE DETERMINED THAT IF YOU COULD GO BACK AND DO OVER WOULD YOU MAKE DIFFERENT DECISIONS AND WOULD YOU PURSUE DIFFERENT AVENUES OF INQUIRY?
A I THINK FIRST YOU ASKED THAT AS AN INDIVIDUAL TRUSTEE, AND THAT'S THE ONLY WAY I CAN ANSWER THAT. I THINK AS AN INDIVIDUAL TRUSTEE AS I REVIEW THE EIGHT YEARS, I DON'T REALLY KNOW THAT I WOULD DO ANYTHING DIFFERENT. I'VE SOUGHT TO MAKE INQUIRY WHEN I FELT LIKE I DID NOT HAVE ADEQUATE INFORMATION AND TO TRY TO FIND OUT WHAT WAS ACCURATE AS BEST I COULD AS AN INDIVIDUAL AND THEN FROM THAT POINT TO MAKE MY DECISIONS. AND THIS I HAVE DONE FROM THE DAY I WALKED ONTO THE BOARD BACK IN 1984.
Q DO YOU FEEL YOU HAD SUFFICIENT INFORMATION UPON WHICH TO MAKE THE DETERMINATIONS WHICH YOU WERE CALLED ON TO MAKE?
A I THINK WITHOUT A DOUBT AT TIMES WE DID NOT HAVE SUFFICIENT INFORMATION OR WE WERE MAYBE INUNDATED WITH INFORMATION. TO ANSWER YOUR QUESTION THERE. I THINK LOOKING BACK ON THE INFORMATION THAT WE RECEIVED AT TIMES THAT IT WAS INADEQUATE, AND I DON'T KNOW WHERE I WOULD PLACE THE BLAME THOUGH.
Q WELL, I AM NOT TRYING TO DO THAT. WHAT I AM TRYING TO DETERMINE IS FROM THAT EXPERIENCE, DO YOU THINK THAT BOARD POLICIES HAVE BEEN CHANGED IN SUCH AS WAY THAT PERHAPS WE WILL NOT GO THROUGH THAT EXPERIENCE AGAIN? AND HAVE THERE BEEN INTERNAL DISCUSSIONS ON THE BOARD WHERE YOU HAVE LITERALLY CONFRONTED THE PROBLEMS THAT YOU HAD AS A BOARD IN TRYING TO DEAL WITH A VERY, VERY BAD SITUATION?
A YES, MA'AM I THING WE HAVE CONFRONTED THOSE IN SEVERAL WAYS. IN 1984, WE DID NOT HAVE A FISCAL POLICY COMMITTEE, WHICH REVIEWED ON A PERIODIC BASIS THAT FINANCIAL ASPECTS OF THE UNIVERSITY. THAT WE HAVE IN PLACE TODAY. IT IS VERY ACTIVE, IT HAS BEEN ACTIVE REALLY SINCE LATE 1988 AND 89. IT WAS MADE A PERMANENT COMMITTEE THE FIRST PART OF 90 OR THE LAST PART OF 89 AND IT HAS BEEN MOST ACTIVE IN MAKING SURE THAT THE UNIVERSITY IF FINANCIALLY ACCOUNTABLE TO THE PEOPLE OF SOUTH CAROLINA. AND CERTAINLY THIS COMMITTEE MAKES SURE, I THINK, THAT IT IS PERFORMING AND HAS PERFORMED TO MAKE SURE THAT THE TRUSTEES HAVE THE INFORMATION FROM A FINANCIAL STANDPOINT TO MAKE DECISIONS. AND A LOT OF OUR CRITICISMS HAVE COME FROM THE FINANCIAL DEALINGS OF THE UNIVERSITY. AND I THINK THAT THIS, AS IS EVERYTHING ELSE THAT IS DONE BY HUMAN BEINGS, HAS BEEN DONE AND CERTAINLY MIGHT CAN BE DONE BETTER. BUT THERE HAS BEEN A GIANT STEP FORWARD, I THINK FROM MY PERSONAL OPINION.
REP. STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
SENATOR GIESE: MR. CHAIRMAN.
REP. STODDARD: SENATOR GIESE.
Q MR. ADAMS, WHAT IS THE FUNCTION OF THE SECRETARY TO THE BOARD?
A THE FUNCTION OF THE SECRETARY TO THE BOARD. THAT'S INTERESTING, IN THE EIGHT YEARS THAT I HAVE SERVED ON THE BOARD THAT POSITION HAS BEEN SORT OF A DUAL POSITION. HE HAS SERVED AS SECRETARY TO THE BOARD, HE HAS SERVED AS VICE-PRESIDENT TO DEVELOPMENT AT ONE TIME, VICE-PRESIDENT TO ADMINISTRATION AT ONE TIME, VICE-PRESIDENT FOR CULTURAL AFFAIRS I THINK IS PRESENTLY THE POSITION. BUT PRIMARILY, THE SECRETARY TO THE BOARD, I LOOK TO KEEP THE BOARD MEMBERS INFORMED AND UP-TO-DATE ON GETTING US THE INFORMATION WE NEED FOR OUR MEETINGS SO THAT WE CAN PREPARE FOR THE MEETINGS, BOTH IN COMMITTEE MEETINGS AND FULL BOARD MEETINGS.
Q IF YOU HAD SOME QUESTIONS THAT YOU WANTED RESEARCHED OR REVIEWED, IS HE THE PERSON THAT YOU WOULD CONTACT AND SAY 'PLEASE GET ME THIS INFORMATION'?
A HE WOULD BE THE FIRST CONTACT. YES SIR. HE WOULD BE THE FIRST CONTACT.
Q WOULD THAT BE KIND OF PROTOCOL TO GO THROUGH HIM OR WOULD YOU BE COMFORTABLE OR IS THE BOARD COMFORTABLE IN SEEKING INFORMATION IN WHATEVER WAY IT CAN GET ITS INFORMATION?
A WELL, TO BE VERY HONEST WITH YOU, I'M KIND OF COMFORTABLE GETTING INFORMATION ANY WAY I CAN. BUT I WOULD SEEK TO GO THROUGH THE SECRETARY, I THINK THAT IS THE FIRST STEP. HOWEVER, AS YOU SERVE YOU BEGIN TO KNOW CERTAIN PEOPLE WHO HAVE INFORMATION THAT YOU JUST MAKE DIRECT CONTACT TO.
Q A LITTLE BIT DIFFERENT LINE OF QUESTIONING. I REMEMBER YEARS AGO THERE USED TO BE PORTIONS OF THE BOARD OF TRUSTEES THAT, FOR INSTANCE, THAT WOULD BE A FIVE MAN COMMITTEE THAT WAS THE ATHLETIC COMMITTEE, AND THEY HAD THE POWER ACTING FOR THE BOARD. THEY WOULD ACTUALLY DO THE HIRING. IS THERE ANYTHING LIKE THAT TODAY?
A THERE IS NO COMMITTEE THAT HAS THE AUTHORITY OVER THE EXECUTIVE COMMITTEE TO ACT FOR THE BOARD AS I UNDERSTAND THE BYLAWS. THERE CERTAINLY ARE SPECIALIZED COMMITTEES, SUCH AS INTERCOLLEGIATE ACTIVITIES, WHICH DEALS PRIMARILY WITH ATHLETICS AND IN THE ATHLETIC PROGRAM. AND THEREFORE THEY ARE MADE KNOWLEDGEABLE IN CERTAIN AREAS, FOR INSTANCE IN THE SEARCH FOR A COACH AND THINGS LIKE THIS THAT THEY ARE MADE AWARE OF LET'S SAY THE FINAL SELECTION. THEY ARE CONTACTED AND CONSULTED, AT LEAST THAT HAS BEEN MY EXPERIENCE.
Q TELL US ABOUT, YOU MENTIONED, THE EXECUTIVE COMMITTEE. HOW MANY PEOPLE DOES IT CONTAIN, IS IT ACTIVE, DOES IT MAKE MANY INTERIM DECISIONS BETWEEN BOARD MEETINGS?
A THE EXECUTIVE COMMITTEE IS MADE UP OF THE CHAIRMAN EMERITUS, THE CHAIRMAN, AND THE VICE-CHAIRMAN, AND THE BOARD ELECTS THREE MEMBERS OF THE BOARD AT-LARGE TO SERVE ON THE COMMITTEE. IT IS VERY ACTIVE AND DEALS WITH PRIMARILY THE FINANCIAL ASPECTS OF THE BOARD. THAT TO A LARGE EXTENT HAS BEEN DELEGATED TO THE FISCAL POLICY COMMITTEE. IT DOES ON OCCASION MAKE DECISIONS BETWEEN MEETINGS. BUT THE BOARD MEETS EVERY OTHER MONTH JUST ABOUT AND SO THERE ARE TIMES WHEN THE EXECUTIVE COMMITTEE HAS MADE DESIGNS ON BEHALF OF THE BOARD. I MUST SAY THOUGH THAT IF IT'S AN AREA THAT IS RATHER CONTROVERSIAL AND IS AN AREA THAT THE EXECUTIVE COMMITTEE FEELS THE FULL BOARD NEEDS TO HAVE KNOWLEDGE AND BE A PART OF THAT DECISION, IT DOES NOT ACT ON BEHALF OF THE BOARD. IT SIMPLY GOES IN WITH THE RECOMMENDATION.
REP. STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
REP. STODDARD: THANK YOU MR. ADAMS. OUR NEXT CANDIDATE FROM THE EIGHTH CIRCUIT IS JAMES E. WISEMAN, III.
(JAMES E. WISEMAN, III, CANDIDATE FOR THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES FROM THE EIGHTH JUDICIAL CIRCUITY, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR NELL W. SMITH: YOU KNOW, I HATE TO BE THE MAIN INTERROGATOR.
Q THE THING THAT I WOULD ASK YOU BECAUSE YOU HAVE BEEN OUT AMONG PEOPLE IN YOUR AREA AND YOU CERTAINLY HAVE HEARD THE QUESTIONS THAT HAVE OCCURRED OVER THE PAST SEVERAL YEARS. THESE THINGS ARE VERY IMPORTANT BECAUSE OF THE IMAGE OF THAT UNIVERSITY AND THE CONFIDENCE SOUTH CAROLINIANS AS WELL AS OTHERS HAVE. WOULD YOU TELL ME FIRST OF ALL, WHY AT THIS TIME ARE YOU RUNNING?
A I AM CERTAINLY NOT RUNNING BECAUSE OF THE PROBLEMS THAT THE UNIVERSITY HAS HAD. MY FAMILY HAS ALWAYS BEEN INTERESTED IN THE UNIVERSITY. I HAVE ALWAYS BEEN INVOLVED IN THE UNIVERSITY. I KNOW I AM VERY YOUNG TO BE GOING FOR A POSITION LIKE THIS AND I UNDERSTAND HOW THINGS WORK. I DO WANT TO CONTRIBUTE TO THE UNIVERSITY AND THAT IS MY PRIMARY REASON FOR RUNNING. IT IS NOT TO PLAY ON THE PROBLEMS OF THE RECENT PAST BUT TO LOOK FORWARD AND TRY TO INTERJECT SOME OF MY VIEWS TO THE UNIVERSITY.
Q WHAT ARE SOME OF YOUR VIEWS? WHAT DO YOU WANT TO DO?
A WELL, I THINK THE PROBLEM WE HAVE AT THE UNIVERSITY IS TO LOOK AT IT AS AN EDUCATIONAL INSTITUTION, WHICH IT IS. BUT I'M INVOLVED PRIMARILY IN THE BUSINESS SIDE OF THINGS, WHICH I HAVE BEEN INVOLVED IN FAIRLY LARGE CORPORATIONS. AND I THINK WE NEED TO LOOK AT IT NOT ONLY AS AN EDUCATIONAL INSTITUTION BUT AS A 400 MILLION DOLLAR CORPORATION, WHICH IT REALLY IS. AND THE TAXPAYERS OF THE STATE OUGHT TO STOP IT 'CAUSE IT NEEDS TO BE RUN MORE LIKE A BUSINESS.
Q AS A BOARD MEMBER, I THINK IT IS IMPORTANT BECAUSE I AM TRYING TO GET US PAST WHERE WE HAVE BEEN AND THE CONFIDENCE RESTORED THAT I THINK NEEDS TO BE THERE. BUT AS A BOARD MEMBER HOW DO YOU SEE YOUR ROLE AS DEALING WITH NOT ONLY THE GOOD THINGS THAT COME ALONG BUT SOME OF THE QUESTIONS THAT ARE ASKED TOO. HOW WOULD YOU, IF YOU HAD BEEN ON THE BOARD, AND THIS IS SPECULATIVE AND DOES NOT REFLECT ON ANYBODY, BUT IF YOU HAD BEEN ON THAT BOARD DURING THE TIMES OF REAL CRISIS AND CONTROVERSY, HOW DO YOU SEE YOUR ROLE AS A TRUSTEE IN THAT TYPE OF SITUATION AND WHAT TYPES OF THINGS WOULD YOU HAVE BEEN DOING TO TRY TO BRING THIS TO A CONCLUSION?
A FIRST OF ALL, I THINK ANYBODY SHOULD BE VERY INVOLVED IN THE SITUATION AND NOT LOOK TO ONE OR TWO FOR HAVING ANY FURTHER INFORMATION. FIND OUT AS MUCH INFORMATION AS YOU CAN, OF COURSE, WHEN YOU'RE IN A CRISIS SITUATION EVERYBODY RUNS FOR COVER. I THINK IT IS VERY DIFFICULT AT TIMES TO GET INFORMATION, BUT YOU NEED TO BE AS INVOLVED AS POSSIBLE TO GET THE RIGHT INFORMATION. AND WITHOUT BEING INVOLVED AND WITHOUT ASKING A LOT OF QUESTIONS OF THE RIGHT PEOPLE, IT IS VERY DIFFICULT TO OBTAIN. I MIGHT SAY THAT A LOT OF WORDS HAVE BEEN SAID ABOUT THAT TIME, AND I WOULD SAY TO THE BOARD THAT AS A TRUSTEE MEMBER I WOULD NOT BE INTIMIDATED BY ANYBODY. I THINK THAT IS ONE THING TRUSTEE MEMBERS CANNOT AFFORD TO BE, INTIMIDATED BY A PRESIDENT OR BY ANY OF THOSE PEOPLE BECAUSE THEY ARE THE EMPLOYEES OF THE BOARD OF TRUSTEES.
Q AND AS A TRUSTEE WOULD YOU INSIST THAT YOU RECEIVE INFORMATION ABOUT YOUR BOARD MEMBERS, YOUR BOARD MEETING THAT YOU WOULD GO OVER THIS PRIOR TO WALKING INTO A BOARD MEETING AND THAT YOU WOULD FAMILIARIZE YOURSELF WITH THE WORKINGS OF THE VARIOUS COMMITTEES AND ALL AND KNOW WHAT THEY DO AND IN SUCH WAY BE FAMILIAR YOURSELF WITH THE DUTIES YOU WILL BE CALLED ON TO PERFORM AND THE DECISION THAT YOU WOULD HAVE TO MAKE?
A WITHOUT A QUESTION.
REP. STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN? SENATOR GIESE.
SENATOR GIESE: I THINK THAT COVERS EVERYTHING I WAS GOING TO ASK.
REP. STODDARD: THANK YOU, SIR.
REP. STODDARD: SENATORS AND REPRESENTATIVES, THAT CONCLUDES THE MEMBERS EXCEPT FOR THE ONE I SPOKE OF EARLIER THAT DID NOT APPEAR AND WE HAVEN'T EVEN RECEIVED HIS INFORMATION BACK.
SENATOR NELL W. SMITH: WELL THERE WAS A DEADLINE FOR THAT?
REP. STODDARD: YES, MA'AM.
SENATOR NELL W. SMITH: WHAT IS THE PROCEDURE FOR OUR COMMITTEE?
REP. STODDARD: WELL, WE COULD EITHER FIND THE GENTLEMAN NOT QUALIFIED OR JUST MAKE NO RECOMMENDATION.
SENATOR NELL W. SMITH: I DON'T SEE HOW YOU COULD MAKE A RECOMMENDATION ON SOMEONE IF YOU DON'T HAVE INFORMATION ON THEM.
REP. STODDARD: YES, MA'AM, WHATEVER THE COMMITTEE DECIDES.
SENATOR NELL W. SMITH: WELL THAT WOULD BE MY MOTION.
REP. STODDARD: YOU'D MOVE TO FIND HIM NOT QUALIFIED.
SENATOR NELL W. SMITH: YES, BECAUSE YOU HAVE NO INFORMATION OR ANYTHING ELSE.
REP. STODDARD: ALL IN FAVOR SAY AYE. OPPOSED NO. THE AYES HAVE IT . MR. CLYBORNE.
REP. CLYBORNE: I THEN MAKE A MOTION ON THESE OTHER GENTLEMAN THAT WE FIND THEM QUALIFIED.
REP. McABEE: I SECOND IT.
REP. STODDARD: ALL IN FAVOR SAY AYE. OPPOSED NO. THE AYES HAVE IT. YOU ARE ALL OFFICIALLY QUALIFIED AND MAY COMMENCE TO WORK. I APPRECIATE YOU APPEARING.
The following was received and referred to the appropriate committee for consideration.
Document No. 1501
Promulgated By Board of Chiropractic Examiners
Replacing all existing Rules and Regulations
Received By Speaker April 27, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 25, 1992
The following was received.
Columbia, S.C., April 23, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4622:
H. 4622 -- Rep. Stoddard: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., April 28, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4480:
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Very respectfully,
President
On motion of Rep. BOAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BOAN, CARNELL and H. BROWN to the Committee of Conference on part of the House and a message was sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., April 23, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon it amendments to S. 883:
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
and asks for a Committee of Conference and has appointed Senators J. Verne Smith, McConnell and Leatherman of the Committee of Conference on the part of the Senate.
Very Respectfully,
President
No. 140
Whereupon, the Chair appointed Reps. WALDROP, WOFFORD and VAUGHN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 28, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HENDRICKS the invitation was accepted.
Rep. R. YOUNG moved that when the House adjourns it adjourn in memory of Hampie Hudson of Walterboro, which was agreed to.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4688 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND MEMBERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO SUCCEED THOSE MEMBERS OF THE BOARD WHOSE TERMS EXPIRE IN 1992.
Reps. STODDARD, CLYBORNE, D. MARTIN and McABEE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19173.SD), which was tabled.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the House of Representatives and the Senate shall meet in joint session in the hall of the House at twelve o'clock noon on Wednesday, May 13, 1992, for the purpose of electing members of the board of trustees of Clemson University, the University of South Carolina, Lander College, the Medical University of South Carolina, the College of Charleston, Winthrop University, Francis Marion University, South Carolina State University, and the Wil Lou Gray Opportunity School, and the board of visitors of The Citadel, to succeed those members whose terms expire in 1992 or whose positions otherwise must be filled./
Amend title to conform.
Rep. STODDARD explained the amendment.
Rep. WRIGHT moved to table the amendment.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Beasley Beatty Brown, G. Brown, H. Burch, K. Cato Chamblee Cooper Council Delleney Elliott, L. Fair Harrelson Harris, J. Harrison Haskins Hendricks Hodges Houck Hyatt Jennings Keegan Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. McElveen McGinnis McKay Meacham Neilson Nettles Quinn Riser Sheheen Shissias Stone Vaughn Waites Wells Wilkins Williams, J. Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bennett Boan Brown, J. Cobb-Hunter Cromer Farr Fulmer Gentry Gonzales Hallman Harris, P. Johnson, J.C. Kennedy Keyserling Manly Martin, D. Martin, M. Mattos McCraw Phillips Rama Rhoad Ross Rudnick Scott Shirley Smith Snow Stoddard Taylor Townsend Tucker Waldrop Williams, D. Young, A. Young, R.
So, the amendment was tabled.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, on the following appointment:
April 17, 1992
Dear Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is therefore submitted for your consideration.
Statewide Appointment, Member, State Ethics Commission, with term to expire May 31, 1995.
2nd Congressional District:
Ms. Sue C. Erwin, 601 Poinsettia Street, Columbia, South Carolina 29204 VICE Emily Phillips (resigned)
Respectfully,
Carroll A. Campbell, Jr.
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4788 -- Reps. Scott, M. O. Alexander, Altman, Anderson, J. Bailey, Baxley, Beasley, Beatty, H. Brown, J. Brown, Byrd, Canty, Cobb-Hunter, Council, Cromer, L. Elliott, Fair, Farr, Hallman, Harrelson, Harvin, Harwell, Holt, Hyatt, Inabinett, Jennings, Keegan, Kempe, Kennedy, Keyserling, Kirsh, Klapman, Koon, Littlejohn, Marchbanks, D. Martin, L. Martin, M. Martin, McCraw, McKay, McTeer, Meacham, Nettles, Phillips, Rhoad, Riser, Rogers, Rudnick, Sharpe, Shirley, Shissias, Smith, Stoddard, Stone, Taylor, Waites, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Wofford, Wright and A. Young: A HOUSE RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF ETHEL LEE JAMISON OF VANCE.
The Resolution was adopted.
On motion of Rep. WRIGHT, with unanimous consent, the following was taken up for immediate consideration:
H. 4789 -- Reps. Wright, Sturkie and Riser: A CONCURRENT RESOLUTION REQUESTING SOUTH CAROLINA ELECTRIC AND GAS COMPANY TO TAKE THE NECESSARY ACTION TO RENAME BOMBING RANGE ISLAND, FORMERLY KNOWN AS LUNCH ISLAND, IN LAKE MURRAY AS "DOOLITTLE ISLAND" IN HONOR OF THE COURAGE, PATRIOTISM, AND HEROIC FEATS OF THE DOOLITTLE RAIDERS OF WORLD WAR II FAME.
Whereas, the Doolittle Raiders completed their fiftieth anniversary celebration in Columbia in April, 1992, with much fanfare and excitement and with a tremendous amount of interest by the citizens of South Carolina; and
Whereas, Bombing Range Island, formerly called Lunch Island, located in Lake Murray was used by the Doolittle Raiders during the Second World War as a target on their practice bombing runs -- training for their momentous future air raid on Tokyo during the war; and
Whereas, it would be entirely appropriate and a fitting tribute to these courageous and patriotic individuals known as the Doolittle Raiders for Bombing Range Island in Lake Murray to be renamed Doolittle Island. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests South Carolina Electric and Gas Company to take the necessary action to rename Bombing Range Island, formerly known as Lunch Island, in Lake Murray as "Doolittle Island" in honor of the courage, patriotism, and heroic feats of the Doolittle Raiders of World War II fame.
Be it further resolved that a copy of this resolution be forwarded to South Carolina Electric and Gas Company in Columbia and to Mr. Edward H. Fetner, Jr., P.O. Box 86, Chapin, South Carolina 29036.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4790 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.
Rep. KIRSH moved to waive Rule 5.12, which was agreed to by a division vote of 24 to 0.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4791 -- Rep. Rama: A BILL TO AMEND SECTION 39-41-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABOVEGROUND STORAGE, HANDLING, AND USE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS, SO AS TO REFER TO THE 1990 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS AND TO ADD REFERENCES TO PROPOSED AMENDMENTS TO THE 1990 PAMPHLETS; TO AMEND ACT 582 OF 1990, RELATING TO APPLICABILITY AND ENFORCEMENT OF ABOVEGROUND STORAGE REQUIREMENTS, SO AS TO DESIGNATE CODE SECTIONS AND REVISE THE APPLICABILITY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.
Referred to Committee on Judiciary.
S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1493 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL HEALTH FEES TO TEST MILK, MILK PRODUCTS, AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1422, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1500 -- Senator Helmly: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE CAINHOY PRECINCT.
On motion of Rep. D. WILLIAMS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4792 -- Reps. J. Brown, Scott, Byrd and Taylor: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO THE REVEREND DR. D.E. FRANKLIN ON THE SEVENTH ANNIVERSARY OF HIS SERVICE AS PASTOR OF GREATER ST. LUKE BAPTIST CHURCH OF COLUMBIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. TOWNSEND, with unanimous consent, the following was taken up for immediate consideration:
H. 4793 -- Rep. Townsend: A HOUSE RESOLUTION CONGRATULATING THE BELTON-HONEA PATH HIGH SCHOOL BASEBALL TEAM OF ANDERSON COUNTY ON ITS OUTSTANDING 1992 SEASON AND PREVIOUS ACCOMPLISHMENTS AND ALLOWING THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 5, 1992, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED.
Whereas, the baseball team of Belton-Honea Path High School of Anderson County was, as of April 28, 1992, 14-3 overall and 11-1 in its athletic conference, ranked eleventh nationally by USA Today, nationally ranked by Collegiate Baseball magazine, and ranked Number One in the statewide Class AAA standings by High School Sports Report; and
Whereas, the Bears baseball team won the state Class AAA championship with a 24-5 record; and
Whereas, in 1990, the team was the state Class AAA champion with a 22-6 record; and
Whereas, in 1989, the Bears of Belton-Honea Path High were conference champions with an 18-8 record and were runners-up in the Upper State to eventual state champions, Camden High; and
Whereas, the team is truly outstanding and highly deserving of honor and recognition for all of its accomplishments. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, congratulates the Belton-Honea Path High School baseball team of Anderson County on its outstanding 1992 season and previous accomplishments.
Be it further resolved that the team and its coaches be granted the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, on Tuesday, May 5, 1992, for the purpose of being recognized and honored.
Be it further resolved that a copy of this resolution be forwarded to the Belton-Honea Path High School baseball team and coaches.
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 Carnell Cato Chamblee Cobb-Hunter Cooper Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, April 28.
Tim Wilkes Dell Baker Mike Jaskwhich E.B. McLeod Lenoir Sturkie John Felder Roland Corning Ralph Canty Maggie Glover Samuel Foster Howell Clyborne Kenneth Corbett
STATEMENTS OF ATTENDANCE
Reps. BARBER, STURKIE and WILKES signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 23.
The SPEAKER granted Rep. BYRD a temporary leave of absence.
Rep. G. BAILEY presented the Dorchester Academy "Raiders", Winners of the 1992 Class AA State Championship S.C. Independent School Athletic Association, their coaches, cheerleaders and other school officials.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4782 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000), TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
The following Bill was taken up.
H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.
Reps. J. BAILEY, GONZALES and HOLT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8408.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The first two paragraphs of Section 4 of Act 1595 of 1972, as last amended by Act 263 of 1985, is further amended to read:
"The district shall must be governed by a commission to be known as the Charleston County Park and Recreation Commission, hereinafter referred to as the commission, which shall be composed of seven resident electors of the district to be appointed by the Governor upon the recommendation of the Charleston County Legislative Delegation Council. In making such recommendations, efforts shall must be made to give representation on the commission to all sections of the district. The terms of office of the members of the initial commission shall must be appointed for one year for two members, two years for two members, three years for one member, and four years for two members, respectively, and the initial appointees, after organizing shall determine the duration of their respective terms by lot. of two years and until their Upon the expiration of the initial terms of office, successors for all succeeding terms shall hold office for a term of two years are appointed and qualify. Should Vacancies in office occur, successors shall must be appointed filled for the balance of the unexpired term in the same manner as the members whom they succeed were appointed of the original appointment. All commissioners shall hold office for their respective terms and until their successors are appointed and qualify. Commission members shall receive per diem and expenses in amounts approved in the commission's annual budget by Charleston County Council."
SECTION 2. Section 5 of Act 1595 of 1972, as last amended by Act 263 of 1985, is further amended to read:
"Section 5. The commission shall be empowered as follows has the following powers and duties:
(1) To sue and be sued;
(2) To adopt and use a corporate seal;
(3) To define a quorum for its meetings;
(4) To make bylaws for the management and regulation of its affairs;
(5) To acquire, by gift or purchase, lands or interest thereon whereupon interests in the lands to establish county parks and other facilities of like nature;
(6) To operate such_park facilities;
(7) To expend all moneys which it shall receive subject to the approval of its budget by the appropriate budgetary authority;
(8) To acquire and operate any apparatus or equipment useful in the operation of its facilities;
(9)(7) To prescribe rules and regulations governing the use of the facilities;
(10)(8) To fix rates and charges for the use of any facilities which might may be established;
(9) adopt a budget and expend monies it receives subject to the approval of its budget by Charleston County Council;
(11)(10) To make contracts and to execute instruments that are necessary or convenient for the discharge of the functions of the commission;
(12) To make contracts for construction and other services;
(13)(11) To appoint agents, employees, and servants, to prescribe their duties, to fix their compensation, and to determine if and to what extent they shall must be bonded for the faithful performance of their duties;
(14) The resident Charleston County Legislative Delegation shall set a tax levy ceiling to meet the necessary costs of:
A.(12) providing provide advisory and technical assistance to all appropriate groups such as legally constituted park, recreation, or playground commissions or other civic community groups,;
B.(13) participating participate in facility development projects within those areas presently served by municipalities and legally constituted recreation agencies districts but limited to joint projects with the municipalities or districts, or to land acquisition and facility construction where federal or state funds are used and further limited to participation at one-fourth of the total cost of the project, and operation;
C.(14) providing provide, maintaining maintain, operate, and supervising supervise public park and tourist attractions to include including, but not be limited to:
(1)(a) golf courses;
(2)(b) fishing facilities;
(3)(c) historical preservation projects;
(4)(d) marinas and boat landings;
(5)(e) county parks;
(6)(f) public beaches;
(15) To recommend to the Charleston County Legislative Delegation Council the creation of additional playground or recreation service areas special tax districts for parks and recreation in those areas of the district Charleston County not currently served by a public recreation or playground agency and to further recommend the jurisdictional boundaries of such service areas the special tax districts;
(16) To serve in an advisory capacity to such newly formed service areas in an appropriate matter as determined by legislation creating such service areas special tax districts if requested by Charleston County Council;
(17) In addition, to recommend to the Charleston County Legislative Delegation Council a levy to be placed upon all taxable property in the district under the jurisdiction of the new playground commissions, as in (15) above, such millage to be levied shall meet the cost of operating and maintaining parks, playgrounds and recreation to fund the operations and programs of the commission.
The initial millage as described above shall be levied only after a referendum is held in such districts and with a majority of those voting in the referendum voting in favor of such millage. Provided, that any increase in such millage shall not require a referendum but shall be recommended to the Charleston County Legislative Delegation and approved by the appropriate budgetary authority.
All such taxes as described above shall be levied by the county auditor and collected by the county treasurer who shall keep it in a separate fund applicable solely to the purpose for which it is levied;
(18) To submit to the Charleston County Legislative Delegation (or the appropriate budgetary authority) Council a capital improvements program in coordination and conjunction with the county's municipalities and existing and newly created playground commissions or service areas special tax districts;
(19) To review and make appropriate recommendations to the Charleston County Legislative Delegation (or appropriate budgetary authority) any proposed expenditure by existing or newly created commissions relating to addition, expansion, or major alteration of playground, park, or recreation facilities;
(20)(19) To accept and expend federal or, state funds, or other funds for purposes for which the commission is empowered to may act and for purposes consistent with the intent of this act;
(21) To prepare a budget in June or each year for the ensuing year, which budget must be submitted to and approved by the appropriate budgetary authority;
(22)(20) To issue revenue bonds for certain revenue producing facilities to include including, but not be limited to, golf courses, and marinas, etc. subject to the approval of Charleston County Council;
(23)(21) To work with the Charleston County Board of Education and local constituent groups to promote and encourage the joint acquisition, use, and development and acquisition of school properties;
(24)(22) To appoint advisory committees as deemed considered appropriate on a countywide basis to work with the commission on an advisory basis."
SECTION 3. Section 8 of Act 1595 of 1972, as last amended by Act 263 of 1985, is further amended to read:
"Section 8. The commission shall conduct its affairs on the fiscal year basis employed by Charleston County. The budget of the commission must be submitted to and approved by Charleston County Council annually for the upcoming fiscal year on a date determined by council. Upon approval of the commission's budget by Charleston County Council, taxes must be levied by the county auditor and collected upon all taxable property in the district by the county treasurer who shall keep them in a separate fund applicable solely to the purpose for which levied. As shortly after the close of its fiscal year as may be practicable, an audit of its affairs shall must be made by a certified public accountant of good standing, to be designated by the commission. Copies of such the audit, incorporated into an annual report of the commission, shall must be filed with the Charleston County Legislative Delegation Council and in the office of the register of mesne conveyances for the county."
SECTION 4. Nothing in this act affects financial obligations including, but not limited to, general obligation debt incurred by the Charleston County Park and Recreation Commission before the effective date of this act. These obligations must be met under the terms and conditions applicable at the time the obligations were incurred.
SECTION 5. The members of the Charleston County Park and Recreation Commission serving on the effective date of this act pursuant to Act 1595 of 1972, amended by Act 263 of 1985, serve until their terms expire. As terms expire or vacancies occur, the positions must be filled in accordance with this act.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1300 -- Senators McConnell, Stilwell, Rose, Moore, Leventis, Bryan, Robert W. Hayes, Jr., Courtney and Wilson: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
S. 1205 -- Senator Drummond: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
The following Bill was taken up.
H. 4521 -- Reps. L. Martin, Hallman, Corning, Wofford, Rama, H. Brown, Shissias, Haskins, Fulmer, Littlejohn, Lanford, Meacham, Manly, D. Elliott, Keyserling, Stone, Kirsh, D. Williams, McGinnis, Cato, G. Bailey, Quinn, Marchbanks, Stoddard, Rhoad, Jaskwhich, A. Young, Holt, Baker, Wright, Hendricks, Keegan, Wells, Sharpe, Council, Fair, Wilder, P. Harris, Riser, Snow, Koon, Phillips, Altman, Bruce, McCraw and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 38 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE CHAPTER OF TITLE 38, SO AS TO PROVIDE THAT "AUTOMOBILE INSURANCE POLICY" ALSO INCLUDES THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND REQUIRE AN INSTRUCTION TO THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE PROVISIONS OF LAW ON AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO EXCLUDE PUNITIVE DAMAGES FROM THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REFER TO "ACTUAL DAMAGES", AND PROVIDE THAT AN INSURER SHALL OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES, WHICH COVERAGE IS OPTIONAL WITH THE INSURED; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REFER TO ACTUAL DAMAGES, INCREASE THE EXCLUSION AMOUNT REGARDING LOSS OR DAMAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, REQUIRE INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT PREMIUM RATES MADE BY INSURERS FOR UNINSURED MOTORIST COVERAGE MUST BE DETERMINED AND REGULATED AS PREMIUM RATES FOR AUTOMOBILE INSURANCE GENERALLY ARE DETERMINED AND REGULATED, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, REQUIRE THE OFFERING OF UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT, AND ENACT CERTAIN PROVISIONS FOR INSURERS OFFERING UNINSURED MOTORIST COVERAGE; TO AMEND SECTION 56-9-350, RELATING TO THE REQUIREMENT THAT THE VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE FORM BE ISSUED FOLLOWING CERTAIN ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNER OR OTHER OPERATOR NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 AND WHO RESIDES IN THE SAME HOUSEHOLD MEETS ONE OF THE CONDITIONS OR FACTORS SPECIFIED IN SECTION 38-73-455 FOR APPLICATION OF THE OBJECTIVE STANDARDS RATE; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED IN THIS STATE MUST BE INSURED, SO AS TO DESCRIBE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240; RELATING TO THE REQUIREMENT THAT, UPON LOSS OF AUTOMOBILE INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER THE VEHICLE'S REGISTRATION AND PLATES, SO AS TO DESCRIBE THE MOTOR VEHICLES REFERENCED IN THE SECTION AS VEHICLES FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10 OF TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT AUTOMOBILE INSURERS MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760 OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW SUCH POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, OR ECONOMIC STATUS OF ANYONE WHO SEEKS TO BECOME INSURED, PROVIDE THAT AN APPLICANT WHO IS DENIED COVERAGE MAY REQUEST THE DENYING INSURER TO PROVIDE IN WRITING THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE, AND REQUIRE THE INSURER TO RESPOND IN WRITING WITHIN TEN DAYS OF THE REQUEST; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38 SO AS TO PROVIDE FOR THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY AND FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, AND THAT INSURERS MAY PLACE ANY AUTOMOBILE INSURANCE RISK AT ANY OF THE FOUR RATE LEVELS WITHOUT RESTRICTION UNLESS PROVIDED OTHERWISE BY LAW; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS, BY ADDING LANGUAGE WHICH PROVIDES THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS NO CHARGEABLE ACCIDENTS OR DRIVING CONVICTIONS FOR THE PREVIOUS THREE YEARS; TO AMEND SECTION 38-57-130, RELATING TO INSURANCE, TRADE PRACTICES, AND THE PROHIBITION ON MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE CONTRACTS, SO AS TO MAKE AN EXCEPTION FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE CONTRACT; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO INCREASE CERTAIN OF THE PENALTIES, AUTHORIZE PERFORMANCE OF PUBLIC SERVICE AS A PENALTY, PROVIDE FOR SUSPENSION OF THE DRIVING PRIVILEGE AND ALL LICENSE PLATES AND REGISTRATION CERTIFICATES ISSUED IN A PERSON'S NAME FOR SECOND, THIRD, AND SUBSEQUENT OFFENSE VIOLATIONS OF THE PROVISIONS OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THE CONVICTED PERSON'S PRIVILEGES MAY NOT BE REINSTATED UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS CERTAIN OTHER THINGS; TO PROVIDE THAT AFTER SEPTEMBER 30, 1992, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT IF THE DESIGNATED CARRIER FAILS TWO CLAIMS AUDITS, INCLUDING A RE-AUDIT, WITHIN THE CONTRACT TERM, THE DESIGNATED CARRIER IS DISQUALIFIED FOR RENEWAL OF ITS CONTRACT UPON EXPIRATION OF ITS EXISTING CONTRACT, AND PROVIDE THAT NO DESIGNATED PRODUCERS MAY RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY CEDED TO THE JOINT UNDERWRITING ASSOCIATION AND THAT AGENTS OR PRODUCERS OTHER THAN DESIGNATED PRODUCERS MAY NOT RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY WRITTEN DIRECTLY BY THE ASSOCIATION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE FORM AND THE EFFECT OF FAILURE TO RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE FOR THE DEPOSIT OF ANY FINE COLLECTED FOR A VIOLATION OF SECTION 56-10-270 AS A RESULT OF THESE TWO NEW SECTIONS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; AND TO PROVIDE FOR THE SEVERABILITY AND THE CONSTITUTIONALITY OF THIS ACT AND FOR CERTAIN OBLIGATIONS AND SUBROGATION OF PERSONAL PROTECTION INSURERS UNDER CERTAIN CIRCUMSTANCES INVOLVING THE UNCONSTITUTIONALITY OR INVALIDITY OF SECTION 38-78-110.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9941.JM).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 38 of the 1976 Code is amended by adding:
Section 38-78-10. This chapter may be cited as the 'Consumer Freedom of Choice in Motor Vehicle Insurance Act'.
Section 38-78-20. (A) Under existing law, the ability of a person to recover losses incurred as a result of a motor vehicle accident is limited by factors over which the accident victim has no control. The recovery is dependent on the conduct of the other driver, the amount of liability insurance carried by the other driver, and the financial resources of the other driver. Two individuals who have received identical injuries may recover markedly different amounts. Under existing law, many individuals receive little or no compensation for their losses.
(B) This chapter gives motorists the right to choose the kinds of personal protection available in case of an automobile accident and the amount of financial protection they deem appropriate and affordable. Instead of being forced to buy traditional fault liability insurance to protect strangers, motorists will have the opportunity to buy a new personal protection policy to protect themselves and their family members regardless of fault in the event of a motor vehicle accident. Motorists will also have the right to reject the provisions of this chapter, and thus retain all rights to sue and be sued for both economic and noneconomic loss based on fault, under the existing fault liability insurance system.
(C) The interaction between traditional fault liability insurance and the personal protection policy is as follows:
(1) Motorists who choose the traditional fault liability insurance and who are involved in an accident with any other motorist essentially will retain the system existing now where they have the opportunity to claim and sue based on fault for both economic and noneconomic damages. They will also remain subject to being sued for such liability to others based on fault.
(2) Motorists who choose the new personal protection policy system established by this chapter and who are involved in an accident with a motorist who has chosen traditional fault liability insurance will be promptly compensated for their own economic losses regardless of fault. A personal protection insured can claim against and sue the other motorist, based on fault, for economic damages if the damages exceed their personal protection limits and for noneconomic damages if their injury exceeds the verbal threshold. They will also remain in this circumstance subject to being sued for such liability to others based on fault.
(3) Two motorists who each choose the personal protection policy and who are involved in an accident with each other will be promptly compensated under their own policies for their own economic losses regardless of fault. In this situation, the two motorists who have chosen the personal protection policy do not have the right to claim and sue for full damages based on fault unless the injury exceeds the verbal threshold but if either suffers a loss in excess of his or her policy's benefit levels, that person retains the right to claim and sue for uncompensated economic loss based on fault.
(4) If a motorist who has chosen fault liability insurance is involved in an accident with an uninsured motorist, the policyholder can be compensated for losses under the uninsured motorist provisions of his or her own policy based on fault and has the right to claim against and sue the uninsured motorist for full damages based on fault. The uninsured motorist forfeits any right to claim for property damage up to ten thousand dollars and for noneconomic loss against the motorist who has chosen fault liability insurance, except where the motorist choosing fault liability insurance was driving under the influence of alcohol or illegal drugs or committed intentional misconduct.
(5) If a motorist who has chosen the personal protection policy is involved in an accident with an uninsured motorist, the policyholder will be promptly compensated for economic losses under his or her personal protection policy regardless of fault and has the right to claim against and sue the uninsured motorist for noneconomic damages based on fault if the injury exceeds the verbal threshold. The uninsured motorist forfeits any right to claim for the first ten thousand dollars of property damage and for noneconomic loss against the motorist who has chosen the personal protection policy, except where such motorist was driving under the influence of alcohol or illegal drugs or committed intentional misconduct.
(D) The initial rate to be charged by each automobile insurer for the basic personal protection policy required by this act shall be at least fifteen percent lower than the approved rate for the minimum limits prescribed by Sections 38-77-140 and 38-77-150 by class and territory for each automobile insurance risk in effect on September 30, 1992. The rate for the basic personal protection policy cannot be increased for automobile insurance policies issued or renewed with effective dates between January 1, 1993, through December 31, 1993.
(E) A motorist who purchases the personal protection policy will have five thousand dollars of property damage liability insurance as part of his mandatory coverage.
(F) To the extent the terms of Section 38-78-20 may differ from the terms of Section 38-78-30, the terms of Section 38-78-30 govern.
Section 38-78-30. As used in this chapter, unless the context otherwise requires:
(A) 'Accidental bodily injury' means bodily injury, sickness, or disease, or death resulting therefrom, arising out of the ownership, operation, or use of a motor vehicle, or while occupying such vehicle, which is accidental as to the person insured.
(B) 'Added personal protection' means an optional policy, plan, or coverage for personal protection which each insurer issuing motor vehicle liability insurance in this State shall make available in the limits set by Section 38-77-110(B)(5).
(C) 'Basic personal protection' means a policy, plan, or coverage for personal protection which provides benefits for net loss resulting from accidental bodily injury resulting from a motor vehicle accident and liability coverage in at least the amounts prescribed by Section 38-77-140. Basic personal protection benefits consist of the following, with an aggregate limit of fifteen thousand dollars per person arising out of one motor vehicle accident:
(1) medical expenses;
(2) loss of income from work, up to two hundred dollars per week;
(3) replacement services loss, up to one hundred dollars per week;
(4) death benefits of five thousand dollars if the death of the injured person occurs within one year after the date of a motor vehicle accident and was a direct result of the accident.
Each basic personal protection insurer is permitted to incorporate in added personal protection benefits coverage such terms, conditions, and exclusions as may be consistent with the premiums charged.
Motorcycles may not be covered by a personal protection policy.
(D) 'Cause of action for injury' means a claim for accidental bodily injury for economic or noneconomic loss, or both, caused by the negligent conduct or intentional misconduct of another person, and includes a claim by any person other than a person suffering accidental bodily injury based on such injury, including, but not limited to, loss of consortium, companionship, or any derivative claim.
(E) 'Commissioner' means the Chief Insurance Commissioner.
(F) 'Dependent' means all persons related to another person by blood, marriage, adoption, or otherwise who reside in the same household at the time of the accidental bodily injury and receive financial services or support for him or her.
(G) 'Economic loss' means actual pecuniary loss and actual monetary expenses incurred by or on behalf of an injured person as the result of an accidental bodily injury consisting only of medical expense, work loss, replacement services loss, and death benefits.
(H) 'Governmental unit' means the United States government, the government of the State of South Carolina, and any agency, authority, board, department, division, commission, institution, bureau, or like governmental entity of either such government, or any local government in this State, and such units thereof, including, but not limited to, counties, cities, towns, and other regional governments.
(I) 'Injured person' means a person who sustains accidental bodily injury when eligible for benefits under a policy providing personal protection. The term also includes, where appropriate, the personal representative of an estate.
(J) 'Intentional misconduct' means conduct whereby harm is intentionally caused or attempted to be caused by one who acts or fails to act for the purpose of causing harm or with knowledge that harm is substantially certain to follow when such conduct caused or substantially contributed to the harm claimed for. A person does not intentionally cause or attempt to cause harm (1) merely because his or her act or failure to act is done with the realization that it creates a grave risk of causing harm or (2) if the act or omission causing bodily harm is for the purpose of averting bodily harm to oneself or another person.
(K) 'Loss of income from work' means eighty percent loss of gross income from the work the injured person would have continued to perform if he or she had not been injured, reduced by any income from substitute work actually performed by him or her or by income he or she would have earned in available appropriate substitute work he or she was capable of performing but unreasonably failed to undertake. In order to be eligible for these benefits, the injured person must have been in an occupational status, earning or producing income, immediately prior to the accident. Loss of income from work does not include any loss after the death of the injured person, and payment for the period of disability shall not exceed two years from the date of the accident.
Loss of income from work may be excluded from an insured's policy, at the policyholder's request, with an appropriate reduction in the premium.
(L) 'Medical expenses' means usual and customary amounts incurred by an injured person for necessary medical, surgical, radiological, dental, chiropractic, ambulance, hospital, medical rehabilitation and professional nursing services, eyeglasses, hearing aids, and prosthetic devices. Medical expense may include nonmedical remedial treatment rendered in accordance with a recognized religious method of healing. The words 'incurred by' include medical expenses incurred on behalf of an injured person by a parent or guardian if the injured person is a minor or incompetent, or by a surviving spouse if the injured person is deceased. Personal protection insurers may review medical expenses to assure that the expenses are reasonable and necessary according to generally accepted standards of medical practice. Under basic personal protection and added personal protection, medical expenses are promptly payable to the injured person for covered expenses incurred within two years after the date of the accident. 'Medical expenses' do not include:
(1) that portion of a charge for a room in a hospital, clinic, or convalescent or nursing home, or any other institution engaged in providing nursing care and related services, in excess of a reasonable and customary charge for semi-private accommodations, unless medically required; or
(2) treatments, services, products, or procedures that are experimental in nature, or for research, or not primarily designed to serve a medical purpose, or which are not commonly and customarily recognized throughout the medical profession and within the United States as appropriate treatment of the accidental bodily injury, or which are not performed by a professional licensed by the professional's licensing board pursuant to Title 40.
(M) 'Medical rehabilitation' means rehabilitation services which are reasonable and necessary to reduce the disability and help to restore the pre-accident level of physical functioning of the injured person.
(N) 'Motor vehicle' is defined by Section 38-77-30(7).
(O) 'Noneconomic loss' means any loss other than economic loss and includes, but is not necessarily limited to, pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, hedonic damages, and loss of any of the following: earning capacity, consortium, society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education. Noneconomic loss does not include economic loss caused by pain and suffering or by physical impairment.
(P) 'Occupying' means to be in or upon a motor vehicle or engaged in the immediate act of entering into or alighting from the motor vehicle.
(Q) 'Operation or use' means operation or use of a motor vehicle as a motor vehicle, including, incident to its operation or use as a vehicle, occupying it. Operation or use of a motor vehicle does not cover conduct within the course of a business of manufacturing, selling, or maintaining a motor vehicle, including repairing, servicing, washing, loading, or unloading, nor does it include such conduct not within the course of such a business, unless such conduct occurs while occupying a motor vehicle.
(R) 'Owner' means the person or persons, other than a lienholder or secured party, who owns or has title to a motor vehicle or is entitled to the use and possession of a motor vehicle subject to a security interest held by another person. Owner does not include (i) a lessee under a lease not intended as security, or (ii) the United States of America or any agency thereof, except with respect to motor vehicles for which it has elected to provide insurance.
(S) 'Person' includes an organization, public or private.
(T) 'Personal protection' means a policy, plan, or coverage which provides basic or added personal protection benefits for loss resulting from accidental bodily injury, regardless of fault.
(U) 'Personal protection insured' means:
(1) a person identified by name as an insured in a contract providing personal protection benefits;
(2) while residing in the same household with a named insured, the following persons:
(a) a spouse or other relative of a named
insured; or
(b) a minor in the custody of a named insured. A person resides in the same household if he or she usually makes his or her home in the same family unit, even though he or she temporarily lives elsewhere;
(3) a person with respect to accidents within this State who sustains accidental bodily injury while occupying or when struck as a pedestrian by a motor vehicle insured for personal protection, unless the person has rejected the coverage under Section 38-78-120.
(V) 'Personal protection insurer' means an automobile insurer providing personal protection benefits.
(W) 'Replacement services loss' means expenses reasonably incurred in obtaining ordinary and necessary services from others, not members of the injured person's household, in lieu of those the injured person would have performed for the benefit of the household. Replacement services loss does not include any loss incurred after the death of an injured person, and the disability period shall not exceed two years from the date of the accident.
(X) 'Resident relative' means a person related to the owner of a motor vehicle by blood, marriage, adoption, or otherwise and residing in the same household. A person resides in the same household if he or she usually makes his or her home in the same family unit, even though temporarily living elsewhere.
(Y) 'Serious injury' means an accidental bodily injury which results in death, serious and permanent loss of an important bodily function, permanent and serious bodily injury determined objectively within reasonable medical probability, or serious and permanent disfigurement.
(Z) 'Uncompensated economic loss' means that portion of economic loss arising out of an accidental bodily injury of an injured person which exceeds the benefits provided by a personal protection insurer under a policy providing such benefits (except for loss incurred by a deductible under such a policy) and collateral sources.
(aa) 'Uninsured motorist' means the owner or operator of a motor vehicle uninsured for either basic personal protection or liability insurance at the limits prescribed by this State's financial responsibility laws or who otherwise fails to comply with the financial responsibility laws of this State.
(bb) 'Uninsured motor vehicle' means a motor vehicle required to be registered as to which (i) there is no bodily injury liability insurance and property damage liability insurance, (ii) no bond has been given or cash or securities delivered in lieu thereof, (iii) the owner has not qualified as a self-insurer, and (iv) there is no basic or added personal protection insurance as defined in Section 38-78-30.
(cc) 'Reasonable and necessary' means usual and customary charges for necessary medical treatment.
(dd) 'Permanent' means an injury whose effects cannot be eliminated by further time for recovery or by further treatment and care, including surgery.
(ee) 'Prevailing party' means the insured deemed to be the 'prevailing party' for purposes of this section if the award is at least the amount requested in writing of the insurer not less than ten days prior to the trial. The insurer shall be deemed to be the prevailing party if the award is no more than the amount offered by the insurer in writing not less than ten days prior to the trial. There shall be 'no prevailing party' if the award is more than offered by the insurer, but less than requested by the insured.
(ff) 'Reasonable proof' means itemized medical bills or other medical records necessary to determine specific patient information, dates of treatment, a specific diagnosis, the specific services rendered and the specific charges for each of the services rendered. If an insurer requests information in addition to the proof submitted, they must specifically identify the additional information needed and why it is needed.
(gg) 'Serious' means only an injury which has a substantial bearing on the injured person's ability to resume substantially all of his normal activities and lifestyle.
Section 38-78-40. Each motor vehicle required to be registered in this State shall be insured for basic personal protection as defined by Section 38-78-30(C) and security for payment of tort liabilities as required by Section 38-77-140, unless the owner of the motor vehicle exercises his or her right of rejection under Section 38-78-120 or complies with Section 56-10-520 relating to the right to drive without insurance. This insurance may be provided by a contract of insurance or by qualifying as a self-insurer in compliance with Section 56-9-60.
An insurance policy written by a personal protection insurer under this chapter to provide basic personal protection is deemed to include all coverages required by this chapter, including the minimum tort liability coverage. Coverage under basic personal protection meets the requirements of this State's financial responsibility laws.
Section 38-78-50. Every personal protection insured must be offered uninsured motorist coverage as required by Section 38-77-150. Additional uninsured motorist coverage and underinsured motorist coverage must be offered to the insured as required by Section 38-77-160. All other provisions, rights, and obligations in Sections 38-77-150 and 38-77-160 apply to the personal protection insured and the insurer. A personal protection insured may not recover under the uninsured motorist provision of the personal protection policy if the personal protection insured was at fault in the accident. Noneconomic damages may only be recovered under this provision if the threshold as defined in Section 38-78-110 is reached.
Section 38-78-55. Regardless of the number of motor vehicles involved, policies issued, persons covered, claims made, or premiums paid, the liability limits for multiple coverages under one or more automobile insurance policies must not be combined or added together to determine the maximum limit of coverage available to an injured person. Unless the insurance policy or contract clearly provides otherwise, the policy or contract may provide that if two or more policies, plans, or coverages apply equally to the same accident, the highest limit of liability applicable is the maximum amount available to an injured person under any one of the policies, plans, or coverages.
Section 38-78-60. (A) A personal protection insurer shall pay to a personal protection insured benefits for accidental bodily injury sustained within the United States, its territories, or possessions or Canada.
(B) A personal protection policy issued in this State contains coverage such that it satisfies the liability insurance requirements of the financial responsibility laws of any other state or Canadian province in which the insured motor vehicle is operated.
Section 38-78-70. (A) A personal protection insurer has no obligation to provide benefits to or on behalf of an injured person who at the time of the accident:
(1) was involved in a motor vehicle accident while committing a felony or while voluntarily occupying a motor vehicle that he or she knew to be stolen. If the person dies as a result of his or her own intentional misconduct, his or her survivors are not entitled to personal protection for loss arising from the decedent's injury or death;
(2) was driving under the influence of alcohol or illegal drugs;
(3) was occupying an uninsured motor vehicle owned by the person;
(4) was guilty of intentional misconduct. If the person dies as a result of his or her own intentional misconduct, his or her survivors are not entitled to personal protection for loss arising from the decedent's injury or death;
(5) has rejected the limitation on his or her right to sue under Section 38-78-120;
(6) was an uninsured motorist;
(7) was operating or occupying a motor vehicle with three or fewer load bearing wheels;
(8) was operating an insured vehicle without the express or implied consent of the owner; or
(9) was injured while occupying a motor vehicle owned by, or furnished or available for the regular use of, the injured person, or the injured person's resident spouse or relative, if such motor vehicle is not described in the policy under which a claim is made, or is not a newly acquired or replacement motor vehicle covered under the terms of the policy.
(B) A personal protection insurer may include in personal protection coverage any person under subsection (A) if the insurer states its intent to do so clearly on the policy.
Section 38-78-80. At the option of the personal protection insurer, personal protection benefits are payable to any of the following persons:
(1) the injured person;
(2) the parent or guardian of the injured person, if the injured person is a minor or incompetent;
(3) a survivor, executor, or administrator of the injured person; or
(4) any other person or organization rendering the services for which payment is due.
Section 38-78-90. (A) Subject to Section 38-78-80, a person who is entitled to receive personal protection benefits may claim the benefits in the following order up to the limits of personal protection in the listed category:
(1) personal protection covering the motor vehicle involved in the accident, if the person injured was an occupant of or was struck by the motor vehicle. If the personal protection insurer providing such insurance disclaims coverage, the injured person shall be entitled to benefits under any contract of personal protection insurance under which he is a personal protection insured and the insurer making such payments shall be entitled to contest the disclaimer and seek full reimbursement from the insurer disclaiming coverage;
(2) the personal protection under which the injured person is or was an insured.
(B) If two or more insurers at the same priority level are obligated to pay personal injury benefits, the insurer against whom the claim is first made shall pay the claim and may thereafter, recover pro rata contributions from any other insurer at the same priority level for the cost of the payments and for processing the claim. Disputes among insurers may be resolved only by inter-company arbitration or inter-company agreement. For purposes of this section, an unoccupied parked motor vehicle is not a motor vehicle involved in an accident unless it is parked in such a way as to cause an unreasonable risk of injury.
Section 38-78-100. (A) A personal protection insurer is obligated to indemnify an injured person, except that benefits payable for the same accidental bodily injury under state-mandated disability coverage or workers' compensation or similar occupational compensation act shall be subtracted from the personal protection benefits payable to the injured person.
(B) A basic personal protection insurer must offer a deductible to the named insured of a personal protection policy in the amounts of two hundred fifty dollars, five hundred dollars, and one thousand dollars to apply with respect to a claim by the named insured or a person residing in the same household with the named insured. If the named insured accepts such offer, the rate must be reduced for such coverage in an amount filed by the insurer and approved by the commissioner. The named insured is not required to accept the offer and may choose personal protection coverage without a deductible other than for property damage caused by an uninsured motorist.
Section 38-78-110. (A) Any person who registers, operates, maintains, or uses a motor vehicle on the public roadways of this State and their resident relatives shall, as a condition of such registration, operation, maintenance, or use of such motor vehicle and use of the public roadways shall be conclusively presumed to have accepted the limitations on his tort rights and liabilities in this chapter unless he has filed a rejection under Section 38-78-120.
(B) Tort liability with respect to accidents occurring in this State and arising out of the ownership, maintenance, or use of a motor vehicle is abolished with respect to any person entitled to benefits pursuant to Section 38-78-30(C) except to the extent such person has sustained an injury as defined in subsection (C) of this section or except to the extent such person has sustained actual economic loss in excess of the limits of any applicable personal protection policy. Provided, no person may recover noneconomic loss for personal injury except as provided in subsection (C).
(C) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required in this chapter, or against any person or organization legally responsible for his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury reaches one of the following thresholds:
(1) the injury or disease consists in whole or in part of permanent and serious disfigurement;
(2) permanent and serious bodily injury, determined objectively, within reasonable medical probability;
(3) permanent and serious loss of an important bodily function; or
(4) death.
(D) In any action where the defendant contends that the plaintiff's injury does not meet the standards set forth in section (C), either party may seek summary judgment on that issue. If a motion is made, the court may determine at least thirty days before the date set for trial whether there is a material issue of fact as to whether the injury meets the standards of section (C) or if not, render summary judgment in accordance with the undisputed facts. If the facts regarding the nature of the injury are undisputed, the question as to whether or not the facts render the injury as meeting the standards of section (C) is a question of law to be decided by the court. In any action to be tried before a jury where the defendant contends the plaintiff's injury is not a serious and permanent injury but the defendant concedes or the court determines that there is a material issue of fact as to whether the plaintiff's injury meets the standards of section (C) then, upon motion of the defendant, that issue shall be separately tried and no other evidence as to plaintiff's noneconomic loss shall be received until that issue has been resolved. After resolution of that issue, the amount of the plaintiff's noneconomic loss may be tried before the same jury or a different jury, as the court may in its discretion decide.
Section 38-78-120. (A) Any person may refuse to consent to the limitations on his tort rights and liabilities. To ensure preservation of the right to choose to reject any limitations on tort rights and liability contained in this chapter, any person may execute a form approved by the commissioner for rejecting such limitations. Within sixty days after the enactment of this chapter, a temporary committee composed of the commissioner, the Consumer Advocate, two representatives of the South Carolina Bar, (one specializing in the defense of claims and one specializing in the prosecution of claims) appointed by the Governor, a representative of an automobile insurer appointed by the Consumer Advocate, a member of the judiciary appointed by the Chief Justice of the Supreme Court, an insurance agent appointed by the commissioner, and one person specializing in readability appointed by the Governor shall formulate the rejection form to be used by all insurers in South Carolina. The rejection forms for personal protection insurance shall meet the readability index of no higher than the ninth grade level on the Flesch Reading Ease Test. The committee shall also develop a brochure at no higher than the ninth grade level that must be enclosed with the policyholder's renewal notice the first time the policy is renewed after the effective date of this chapter.
(B) The form shall establish the effective date of such a rejection. Any rejection by a person who is under a legal disability shall be made on behalf of such person by a parent, legal guardian, conservator, or committee and shall remain in effect until revoked or until the person is no longer under legal disability, whichever is sooner. The failure of such guardian, parent, conservator, or committee of a person under a legal disability to file a rejection, within six months from the date that this chapter would otherwise become applicable to such person, is deemed to be an affirmative acceptance of the limitations on tort liability. Any person who at the time of an accident does not have basic personal protection but has not formally rejected such limitations and has in effect security equivalent to that required by Section 38-77-140 is deemed to have fully rejected the tort limitations for that accident only.
(C) A rejection of tort limitations must be immediately filed with the insurance company or agent who provides the insurance policy and is effective on the effective date of the policy. The rejection applies to any motor vehicle accident occurring on or after that date. The rejection remains effective until it is revoked in writing on a form approved by the commissioner at the time of renewal or issuance of a new policy by the purchase of a tort policy. The revocation of the rejection is effective until it is withdrawn in a manner prescribed by the commissioner. The rejection form must be provided by the insurer or agent to the insured upon the written request of the insured or the request of a person with the legal capacity to ask for the insured.
(D) The commissioner shall establish and maintain a program designed to assure that all consumers are adequately informed about the comparative cost of personal protection insurance and liability insurance for those persons who choose to reject limitations on tort rights and liabilities, as well as the benefits, rights and responsibilities of insureds under each type of insurance.
(E) A person who has personal protection coverage or who rejects tort limitations on a form approved by the commissioner is bound by that choice and is precluded from claiming liability of any party based on being inadequately informed as to the coverage or rejection. This restriction also applies to relatives residing in the same household who are covered by the same policy.
(F) Each motor vehicle insurer issuing motor vehicle liability insurance in this State may require that all policies within a household be either personal protection policies or liability policies which satisfy the financial responsibility laws of this State. However, policies purchased separately by members of the same household may be different policies.
(G) To further insure preservation of the right to reject the limitations on tort rights contained in this chapter, the commissioner shall establish procedures whereby any person who does not own a motor vehicle and who is not a resident relative of such an owner may, after sustaining accidental bodily injury, execute a form prescribed by the commissioner for rejecting such limitation within sixty days after the date of the accident. If any personal protection benefits are paid before the rejection is effective, the personal protection insurer has a right of subrogation for any payments made through a tort recovery.
Section 38-78-125. (A) A person may bring a cause of action for injury against a person who caused him actual economic loss, for any uncompensated economic loss.
(B) A person suffering accidental bodily injury while occupying or when struck by a motor vehicle which is insured for personal protection and who is not at the time of the accident covered by a rejection of limitations on tort rights and liabilities under Section 38-78-120 and is not an uninsured motorist may receive personal protection benefits applicable to the motor vehicle and has a right to claim uncompensated economic loss against the personal protection insured. A person who files a claim under this subsection has the same rights and duties as a personal protection insured with respect to a claim by that insured.
(C) An uninsured injured motorist may not claim in tort for property damage except for such damage that exceeds ten thousand dollars or for noneconomic damages, unless the motor vehicle operator is driving under the influence of alcohol or illegal drugs or is guilty of intentional misconduct. An uninsured motorist retains fault liability with respect to others. A person driving under the influence of alcohol or illegal drugs may not claim in tort for either economic or noneconomic damages against a person who has rejected tort limitations. A person who rejects tort limitations shall not collect personal protection benefits unless he or she has revoked his or her rejection under Section 38-78-120(C).
(D) A personal protection insured has a cause of action against another personal protection insured for property damage to recover any required deductible.
Section 38-78-140. (A) Personal protection benefits are payable monthly as loss accrues. Loss accrues not when the injury occurs but as work loss, replacement services loss, or medical expense is incurred. The benefits are overdue if they are not paid within thirty days after the personal protection insurer receives reasonable proof of the fact and the amount of loss sustained, except that a personal protection insurer may accumulate claims for a period not to exceed thirty days, in which case benefits are not overdue if they are paid within twenty days after the period of accumulation. If reasonable proof is not supplied for the whole claim, the amount supported by reasonable proof is overdue if it is not paid within thirty days after the proof is received by the insurer. Any part or all of the remainder of the claim that is later supported by reasonable proof is overdue if it is not paid within thirty days after the proof is received by the insurer. To determine the extent to which any benefits are overdue, a payment is treated as made on the date a draft or other valid instrument is mailed or, if not so posted, the date of delivery. The personal protection insurer may pay personal protection benefits directly to a person who supplies necessary products, services, or accommodations to the injured person. All overdue payments shall bear an annual eighteen percent interest rate.
(B) In addition to the interest payments, if the insured has filed suit to recover overdue payments, the insured shall be entitled to reasonable attorney's fees and costs incurred in such suit. The recovery set forth here is the exclusive remedy for an insurer's failure to pay or delay in paying personal protection benefits for conduct of an insurer arising out of the manner in which the insurer denied or delayed payment. An attorney shall not charge a separate fee to collect benefits except those incurred in connection with the suit for overdue payments. In any action by or on behalf of an insurer, a provider or an insured, attorney's fees shall be awarded only to the prevailing party.
(C) An insurer who rejects a claim for basic personal protection benefits shall give to the claimant prompt written notice of the rejection, specifying the reason.
Section 38-78-150. (A) Personal protection benefits, except medical benefits, are exempt from garnishment, attachment, execution, or any other process or claim to the extent that wages or earnings are exempt under any applicable law.
(B) An agreement for assignment of any right to personal protection benefits payable in the future, except for medical benefits, is unenforceable except to the extent that the benefits are for the cost of products, services, or accommodations provided or to be provided by the assignee or that the benefits are for loss of income from work or replacement services and are assigned to secure payment of alimony, maintenance, or child support.
Section 38-78-160. An insurer is allowed a reasonable attorney fee for defending a claim for benefits that is fraudulent or so excessive as to have no reasonable foundation. The fee may be treated as an offset against benefits due or which thereafter accrue. The insurer may recover from the claimant any part of the fee not offset or otherwise paid.
Section 38-78-170. An insurer under a policy of personal protection insurance may require written notice to be given as soon as practicable after an accident involving a secured vehicle for which it provides coverage.
Section 38-78-190. If no personal protection benefits have been paid other than death benefits, a person may bring an action against the personal protection insurer not later than two years after the accidental bodily injury occurred. If personal protection benefits have been paid, a person may bring an action to recover further benefits not later than two years after the last payment of benefits or four years after the date the accidental bodily injury occurred, whichever is earlier.
Section 38-78-200. (A) If the mental or physical condition of an injured person is material to any claim for past or future personal protection benefits, the injured person shall submit to reasonable mental or physical examinations by a physician or physicians designated by the insurer, at the insurer's expense. The examinations shall take place at a reasonably convenient time and location. A personal protection insurer may include provisions of this nature in a personal protection policy.
(B) If after a request by a personal protection insurer a person refuses to submit to reasonable mental and physical examinations by a physician or physicians designated by the insurer or refuses to undergo mental or rehabilitation services payable by the insurer, the insurer, on written notice, may deny benefits applicable to the period during which the person refuses to submit to the examination.
Section 38-78-210. (A) On request by a claimant or personal protection insurer, an employer shall provide information on a form approved by the commissioner, including the work records and earnings, regarding an employee who has filed a claim for personal protection benefits. On request of the claimant or insurer the information must cover the period specified by the claimant or insurer making the request and may include a reasonable period before, and the entire period after, the injury.
(B) The claimant, upon request by the insurer, must provide to the insurer the names and addresses of the physicians and medical facilities rendering diagnosis or treatment in regard to the injury or to a relevant injury and the claimant shall authorize the insurer to inspect and copy any relevant medical records.
(C) Every physician or other health care provider, including, but not limited to, a hospital, clinic, or other medical institution providing, before or after an injury resulting from a motor vehicle accident upon which a claim for personal protection benefits is based, any products, services, or accommodations in relation to that or any other injury, or in relation to a condition claimed to be connected with that or any other injury, shall, if requested to do so by the personal protection insurer against whom the claim has been made, furnish a written report of the history, condition, treatment, and the dates and costs of such treatment, of the injured person. Every such physician or other health care provider, hospital, clinic, or other medical institution shall also promptly produce and permit the inspection and copying of its records regarding such history, condition, and treatment, and the dates and costs of treatment. A physician providing such information to a personal protection insurer shall be entitled to a fee of fifty cents per page for providing copies of the medical record, provided a minimum fee of ten dollars plus postage is authorized. Physicians may charge other reasonable fees for the production of other reports or information requested by the personal insurance carrier.
(D) No cause of action for violation of a physician-patient privilege or invasion of the right of privacy is allowed against any physician or other health care provider, hospital, clinic, or other medical institution complying with the provisions of this section.
(E) The person requesting records and a sworn statement under this section shall pay all reasonable costs connected therewith.
(F) A court may order or prohibit discovery of any records under this section in case of any dispute as to the right of a claimant or insurer to discover the information required to be disclosed by this section.
Section 38-78-240. A physician or other health care provider, including, but not limited to, a hospital, clinic, or other health care institution rendering treatment to an injured person, may charge only a reasonable amount for the products, services, and accommodations rendered. The charge shall not exceed the amount the person or institution customarily charges for the products, services, and accommodations in cases not involving automobile insurance.
Section 38-78-260. The commissioner shall adopt rules which encourage personal protection insurers to institute incentives for personal protection insureds to install, maintain, and make use of injury-reducing devices such as seat and harness belts, air bags, and child restraint systems.
Section 38-78-280. (A) Each insurer authorized to transact business or transacting business in this State shall file with the commissioner a form approved by the commissioner which states that any contract of motor vehicle liability insurance, wherever issued, covering the maintenance or use of a motor vehicle while the motor vehicle is in this State, is deemed to satisfy Section 38-78-40 once the vehicle has been continuously present in this State for thirty days unless the named insured has rejected the limitations on tort rights and liabilities under Section 38-78-120.
(B) If a person is entitled to personal protection benefits or their equivalent under the requirements of more than one state, the person shall elect to recover under the laws of one state. The election represents the exclusive source of recovery of all personal protection benefits, or their equivalent, paid or payable under the financial responsibility requirements of that or any other state.
Section 38-78-290. All insurance coverages provided under this chapter are subject to such terms, conditions, and exclusions which have been approved by the commissioner.
Section 38-78-325. The commissioner may promulgate regulations for effective administration which are fair, equitable, and consistent with the purpose of this chapter."
SECTION 2. Section 38-77-30(1) of the 1976 Code is amended to read:
"(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. Automobile insurance policy includes a motor vehicle liability policy as defined in item (7) of Section 56-9-20 and includes the personal protection policy as defined in Section 38-78-30(C)."
SECTION 3. Section 38-77-110(B) of the 1976 Code, as added by Act 148 of 1989, is amended by adding the following:
"(5) two hundred fifty thousand dollars for added personal protection coverage as defined in Section 38-78-30(B)."
SECTION 4. Article 3, Chapter 77, Title 38 of the 1976 Code is amended by adding:
"Section 38-77-355. (A) In a claim or action for personal injury or wrongful death arising out of the ownership, operation, use, or maintenance of a motor vehicle, the court shall admit into evidence the total amount paid to the claimant from collateral sources, and the court shall instruct the jury to deduct from its verdict the value of all benefits received by the claimant from collateral sources.
(B) For purposes of this section, 'collateral sources' means payments made to the claimant, or on his behalf, by or pursuant to:
(1) automobile liability, uninsured motorist, underinsured motorist, or automobile accident insurance that provides health benefits or income disability coverage;
(2) personal protection benefits paid or payable by law;
(3) payments made from a policy of automobile insurance by or on behalf of a joint tortfeaser, either by way of settlement or judgment.
(C) No claimant may make claim or demand, no court may order payment, and no insurer may pay by way of settlement, covenant not to sue, or trust or loan agreement for an item of damages to the extent that the claimant has already received, or will receive, reimbursement for that item as a result of a collateral source payment as defined in this section."
SECTION 5. Section 38-77-280 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.
Collision coverage must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, as his option, may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.
(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760(e).
(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 Section 38-73-455(A) or Section 38-77-280(B) 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 and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.
(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass. Notwithstanding Sections 38-77-110 and 38-77-920, after September 30, 1992, automobile insurers may refuse to write or renew private passenger automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage for an applicant or existing policyholder. After September 30, 1992, no private passenger automobile physical damage insurance coverage may be ceded to the Facility."
SECTION 6. Section 38-77-30(4) of the 1976 Code is amended to read:
"(4) 'Damages' includes both actual and punitive damages only."
SECTION 7. Section 38-77-140 of the 1976 Code is amended to read:
"Section 38-77-140. (A) 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 actual 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 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.
(B) An insurer shall also offer the insured, in accordance with Section 38-77-350, a rider or endorsement for an additional premium to cover such liability for punitive damages. The insured has the option of accepting or refusing coverage for punitive damages.
As a result of passage of this section, all insurers offering bodily injury liability coverage shall file with the Chief Insurance Commissioner, not later than ninety days after the effective date of this act, revised premium rates for bodily injury liability coverage to be effective on automobile insurance policies issued or renewed with effective dates on or after January 1, 1993. The revised rates must be approved by the commissioner and reflect a reduction in the currently approved premium rate for this coverage of at least one and one-half percent. Insurers shall file with the commissioner not later than sixty days after the effective date of this act premium charges for the punitive damages loss coverage. The premium rate for this coverage shall become effective for the automobile insurance policies issued or renewed with effective dates on or after January 1, 1993, and may not be approved if it is more, when combined with the reduced premium rate for the new bodily injury liability coverage with limitations on the recovery of punitive damages, than the bodily injury liability premium rate for that insurer on the effective date of this act; however, after December 31, 1993, an insurer may apply to the Chief Insurance Commissioner for a rate adjustment for such coverage, based on its actual experience."
SECTION 8. Section 38-77-150 of the 1976 Code is 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 actual damages from the owner or operator of an uninsured motor vehicle, within limits which may be are no less than the requirements of Section 38-77-140 and no more than the insured's bodily injury and property damage liability limits. The uninsured motorist provision shall also provide for no less than five 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.
(B) Automobile insurers shall offer, at the option of the insured and in the manner hereinafter described, higher limits of uninsured motorist coverage in accordance with Section 38-77-350. The offer of higher limits must be made in connection with every initial application for an automobile insurance policy by including a written explanation of the coverage and inquiry of the applicant, in a form prescribed by the Chief Insurance Commissioner, as to whether the applicant desires to purchase uninsured motorist coverage with limits greater than the mandatory coverages described in subsection (A). No such explanation or inquiry need be made with respect to any renewal, replacement, reinstatement, substitute, or modification of the policy. An insured may, at any time and subject to the limits of this section, specifically request in writing uninsured motorist coverage limits greater than that provided on the current or any prior policy.
(C) Insurers shall offer on a form prescribed by the Chief Insurance Commissioner 'nonstackable' policies of uninsured motorist coverage containing policy provisions establishing that if the insured accepts this offer:
(1) Regardless of the number of vehicles involved, persons covered, number of premiums paid, or vehicles or premiums shown on the policy or policies under which the insured might otherwise be entitled to benefits, the coverage provided as to two or more motor vehicles under the same or different policies may not under any circumstances be added together, combined with, or stacked to determine the limit of insurance coverage available to an injured person for any one accident, except as provided in item (3) of this subsection (C).
(2) If at the time of the accident the injured person is occupying a motor vehicle, the uninsured motorist coverage available to him is the coverage available as to that motor vehicle.
(3) If the injured person is occupying a motor vehicle which is not owned by him or by a family member residing with him, he is entitled to the highest limits of uninsured motorist coverage afforded for any one vehicle as to which he is named insured. Such coverage is excess over the coverage on the vehicle he is occupying.
(4) The uninsured motorist coverage provided by the policy does not apply to the named insured who is injured while occupying any vehicle owned by the named insured for which uninsured motorist coverage was not purchased.
(5) If at the time of the accident the injured person is not occupying a motor vehicle, he is entitled to select any one limit of uninsured motorist coverage for any one vehicle afforded by a policy under which he is insured as a named insured.
(6) In connection with the offer authorized by this subsection, insurers shall inform the named insured, applicant, or lessee, on a form prescribed by the Chief Insurance Commissioner, of the limitations imposed under this subsection and that such coverage is an alternative to coverage without such limitations. If this form is signed by a named insured, applicant, or lessee, it is conclusively presumed that there was an informed, knowing acceptance of such limitations, and neither the insurance company nor the insurance agent has any liability to the insured for the insured's failure to purchase stackable coverage. When the named insured, applicant, or lessee has initially accepted such limitations, the acceptance applies to any policy which renews, extends, changes, supersedes, reinstates or replaces an existing policy unless the named insured requests deletion of the limitations and pays the appropriate premium for the coverage. Any insurer who provides coverage which includes the limitations provided in this subsection shall file revised premium rates with the Department of Insurance for such uninsured motorist coverage to take effect before initially providing such coverage. The revised rates must reflect the anticipated reduction in loss costs attributable to such limitations but, in any event, must reflect a reduction in the uninsured motorist coverage premium of at least fifteen percent for policies with such limitations. Insurers shall file within ninety days after the effective date of this act, revised premium rates with the Chief Insurance Commissioner to be effective on automobile insurance policies issued or renewed with effective dates on or after January 1, 1993.
(D) Premium rates made by insurers for uninsured motorist coverage must be determined and regulated as premium rates for automobile insurance generally are determined and regulated. The Chief Insurance Commissioner may prescribe shall approve the form to be used in providing uninsured motorist coverage and when prescribed and promulgated no other form may be used.
(E) 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.
(F) Benefits paid pursuant to this section are subject to subrogation and assignment."
SECTION 9. Section 38-77-160 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-77-160. (A) Automobile insurance carriers insurers shall offer on a form prescribed by the Chief Insurance Commissioner, at the option of the insured in accordance with Section 38-77-350 uninsured underinsured motorist coverage up to the limits of the insured's liability coverage in addition to the mandatory coverage prescribed by Section 38-77-150. Such carriers shall also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured liability coverage to provide coverage in the event that damages are sustained in excess of the liability limits carried by an at fault insured or underinsured motorist. If, however, an insured or named insured is protected by uninsured or underinsured motorist coverage in excess of the basic limits, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. If none of the insured's or named insured's vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with the excess or underinsured coverage. up to the limits selected for the insured's liability coverage to provide coverage in the event the insured becomes legally entitled to collect damages from the owner or operator of an underinsured motor vehicle, as defined in Section 38-77-30(14). The maximum liability of the insurer under the underinsured motorist coverage provided is the lesser of: (1) the difference between the limit of underinsured motorist coverage and the amount paid or payable to the insured by or for any person or organization who is held legally liable for the bodily injury or property damage, or (2) the amount of damages sustained, but not recovered. In no event may the liability of the insurer under such coverage be more than the limits of underinsured motorist coverage provided.
(B) An insured entitled to benefits under an uninsured motorist provision is not entitled to benefits under an underinsured motorist provision. An insured entitled to benefits under an underinsured motorist provision is not entitled to benefits under an uninsured motorist provision.
(C) Insurers shall offer on a form prescribed by the Chief Insurance Commissioner 'nonstackable' policies of underinsured motorist coverage containing policy provisions establishing that if the insured accepts this offer:
(1) Regardless of the number of vehicles involved, persons covered, number of premiums paid, or vehicles or premiums shown on the policy or policies under which the insured might otherwise be entitled to benefits, the coverage provided as to two or more motor vehicles under the same or different policies may not under any circumstances be added together, combined with, or stacked to determine the limit of insurance coverage available to an injured person for any one accident, except as provided in item (3) of this subsection (C).
(2) If at the time of the accident the injured person is occupying a motor vehicle, the underinsured motorist coverage available to him is the coverage available as to that motor vehicle.
(3) If the injured person is occupying a motor vehicle which is not owned by him or by a family member residing with him, he is entitled to the highest limits of underinsured motorist coverage afforded for any one vehicle as to which he is named insured. Such coverage is excess over the coverage on the vehicle he is occupying.
(4) The underinsured motorist coverage provided by the policy does not apply to the named insured who is injured while occupying any vehicle owned by the named insured for which underinsured motorist coverage was not purchased.
(5) If at the time of the accident the injured person is not occupying a motor vehicle, he is entitled to select any one limit of underinsured motorist coverage for any one vehicle afforded by a policy under which he is insured as a named insured.
(6) In connection with the offer authorized by this subsection, insurers shall inform the named insured, applicant, or lessee, on a form prescribed by the chief insurance commissioner, of the limitations imposed under this subsection and that such coverage is an alternative to coverage without such limitations. If this form is signed by a named insured, applicant, or lessee, it is conclusively presumed that there was an informed, knowing acceptance of such limitations, and neither the insurance company nor the insurance agent has any liability to the insured for the insured's failure to purchase stackable coverage. When the named insured, applicant, or lessee has initially accepted such limitations, the acceptance applies to any policy which renews, extends, changes, supersedes, reinstates or replaces an existing policy unless the named insured requests deletion of the limitations and pays the appropriate premium for the coverage.
(D) If an insured is entitled to uninsured motorist or underinsured motorist coverage under more than one policy the maximum amount the insured may recover may not exceed the highest limit of such coverage provided for any one vehicle under any one policy. If more than one policy applies, the following is the order of priority: (1) a policy covering a motor vehicle occupied by the injured person at the time of the accident; (2) a policy covering a motor vehicle not involved in the accident under which the injured person is named insured; (3) a policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured. Coverage available under a lower priority policy applies only to the extent it exceeds the coverage of a higher priority policy. The underinsured motorist coverage does not apply to bodily injury, sickness, or death of an insured while occupying a motor vehicle owned by, furnished, or available for the regular use of the insured, a resident spouse, or resident relative, if such motor vehicle is not described in the policy under which a claim is made, or is not a newly acquired or replacement vehicle covered under the terms of the policy.
(E) Underinsured motorist Benefits benefits paid pursuant to this section are not subject to subrogation and assignment.
(F) No action may be brought under the underinsured 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 underinsured motorist provision. The insurer has the right to appear and defend in the name of the underinsured 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. In the event the automobile insurance insurer for the putative at-fault insured chooses to settle in part the claims against its insured by payment of its applicable liability limits on behalf of its insured, the underinsured motorist insurer may assume control of the defense of action for its own benefit. No underinsured motorist policy may contain a clause requiring the insurer's consent to settlement with the at-fault party.
Insurers offering uninsured motorist coverage must file with the commissioner no more than ninety days after the effective date of this act revised premium rates for this coverage to be effective on all policies of automobile insurance containing such coverage issued on or renewed with effective dates on or after January 1, 1993. The revised rate must be approved by the commissioner and reflect a reduction in the currently approved premium rate for this coverage of at least eighteen percent; provided, however, that after December 31, 1993, an insurer may apply to the Chief Insurance Commissioner for a rate adjustment for such coverage, based on its actual experience. In the first year following such reductions, an insurer may apply to the Chief Insurance Commissioner for a rate adjustment, based on its actual experience, and include consideration of the time value of money."
SECTION 10. Section 56-9-350 of the 1976 Code is amended to read:
"Section 56-9-350. The operator or owner of a motor vehicle involved in an accident resulting in property damage of four hundred dollars or more or in bodily injury or death, must be furnished a written request form at the time of the accident, or as soon after the accident as possible, by the investigating officer for completion and verification of liability insurance coverage, the form to be in a manner prescribed by the Department.
The completed and verified form must be returned by the operator or owner to the Department within fifteen days from the date the form was delivered by the officer. Failure to return the form, verified in the proper manner, is prima facie evidence that the vehicle was uninsured.
The operator or owner of a motor vehicle involved in an accident resulting in property damage of four hundred dollars or more, or in bodily injury or death, which was not investigated by a law enforcement officer shall furnish to the Department a written report and verification of liability insurance coverage, the proof to be in a manner prescribed by the Department within fifteen days after the accident, shall forward a written report of the accident to the department on a form prescribed by the department. The report must contain information to enable the department to determine whether the requirements for the deposit of security under Section 56-9-351 are inapplicable by reason of the existence of insurance or other exceptions specified in this title. Failure to file the report, in the proper verified manner, is prima facie evidence that the vehicle was not registered in compliance with this title."
SECTION 11. Section 56-10-10 of the 1976 Code is amended to read:
"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each such motor vehicle owned by him throughout the period the registration is in effect. Security must be maintained on every motor vehicle required to be registered in this State where the owners or other operators not excluded in accordance with Section 38-77-340, reside in the same household and are insureds under the same policy, if one of the owners or other operators do not qualify for the safe driver discount in Section 38-73-760(E). Such security must be maintained with respect to each such motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the executive director unless the owner or prospective owner produces satisfactory evidence that the security is in effect, including the name of the owner's automobile liability insurer, the name of the agent, the identification number of the insurance policy, and the effective dates of the policy, except in cases where other security is approved."
SECTION 12. Section 56-10-220 of the 1976 Code is amended to read:
"Section 56-10-220. Every person required to provide security on a motor vehicle as provided in Section 56-10-10 applying for registration for a motor vehicle shall at the time of such registration and licensing declare the vehicle to be an insured motor vehicle under the penalty set forth in Section 56-10-260 and shall execute and furnish to the department his certificate that such motor vehicle is an insured motor vehicle and that he will maintain insurance thereon during the registration period. The certificate must be in the form prescribed by the department. The department may require any registered owner or any applicant for registration and licensing of a motor vehicle declared to be an insured motor vehicle to submit a certificate of insurance executed by an authorized agent or representative of an insurance company authorized to do business in this State. Such certificate must also be in a form prescribed by the department."
SECTION 13. Section 56-10-240 of the 1976 Code is amended to read:
"Section 56-10-240. If, during the period for which it is licensed, a motor vehicle for which security is required as provided in Section 56-10-10 is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation or refusal to renew under the following circumstances:
(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455 who does not qualify for the safe driver discount in Section 38-73-760(E). The department may, in its discretion, authorize insurers to utilize alternative methods of providing notice of cancellation of or refusal to renew to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Chief Insurance Commissioner. If the commissioner determines that the person has sufficient liability insurance coverage, he shall notify the department, and the suspension is voided immediately. The department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be held at the department office in the county where the person who surrenders the plates resides.
If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars for the first refusal under this section, and three hundred dollars for each subsequent refusal. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only be charged a reinstatement fee of five dollars.
A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.
Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 14. Chapter 10, Title 56 of the 1976 Code is amended by adding:
Section 56-10-510. As used in this article:
(1) 'Conviction' includes the entry of any plea of guilty or nolo contendere and the forfeiture of any bail or collateral deposited to secure a defendant's appearance.
(2) 'Insured motor vehicle' is a motor vehicle as to which (a) there is bodily injury liability insurance and property damage liability insurance, both in the amounts specified in Section 38-77-140, issued by an insurer authorized to do business in this State, (b) a bond has been given or cash or securities delivered in lieu of the insurance, (c) the owner has qualified as a self-insurer in accordance with the provisions of Section 56-9-60, or (d) the owner has at least basic personal protection insurance as defined in Section 38-78-30(C); and
(3) 'Uninsured motor vehicle' is a motor vehicle required to be registered as to which (a) there is no bodily injury liability insurance and property damage liability insurance, (b) no bond has been given or cash or securities delivered in lieu thereof, (c) the owner has not qualified as a self-insurer, and (d) there is no basic or added personal protection insurance as defined in Section 38-78-30.
(4) 'Department' is the South Carolina Department of Highways and Public Transportation.
Section 56-10-520. In addition to any other fees prescribed by law, every person registering and licensing an uninsured motor vehicle, as defined in Section 56-10-510, in this State shall pay, at the time of registering and licensing an uninsured motor vehicle, the sum of two hundred and fifty dollars. Credit for payment made on a motor vehicle subsequently transferred during the same licensing year must be applied to any motor vehicle thereafter registered by the uninsured motorist during the same licensing year. Every person knowingly operating an uninsured motor vehicle pursuant to this section shall not be deemed in violation of Section 56-10-270.
Section 56-10-530. The department of Highways and Public Transportation may require that a person applying for licensing and registration of a motor vehicle shall certify under the penalties set forth in Section 56-10-260 whether or not each motor vehicle is an insured motor vehicle as defined in Section 56-10-510 or the department may in its discretion require that a person (a) produce as evidence of financial responsibility a certificate on a form prescribed by the department of insurance or self-insurance complying with the requirements of Section 56-9-60, (b) has given bond or delivered the cash or securities as provided in Sections 56-9-570 and 56-9-580, respectively, or (c) pay the fee prescribed in Section 56-10-520.
Section 56-10-560. All funds collected by the department under the provisions of this article must be deposited to the credit of the State Treasurer and monthly transferred to a special deposit fund to be known as the 'Uninsured Motorists Fund' to be disbursed as provided in Section 56-10-570 to 56-10-590.
Section 56-10-570. The fund is under the supervision and control of the Chief Insurance Commissioner and must be paid out, on warrants of the Comptroller General issued on vouchers signed by the commissioner or persons he designates, for the purpose of defraying the costs of administration of this article by the department and for reducing the operating losses of the Reinsurance Facility as provided in Section 56-10-580. As determined by the commissioner, when the recoupment fee is no longer necessary to pay for losses incurred by the facility as a result of the phasing out of the facility as provided for by Section 38-77-1310, the fund must be paid out for financing of driver safety measurers and for enforcing the uninsured motorist laws of the state as determined by the General Assembly.
Section 56-10-580. The Chief Insurance Commissioner annually, prior to September 30 of each year, shall make distribution from the fund as follows:
(1) to the department, the amount certified by it as its administrative costs and expenses for this article. These payments may be made on a quarterly basis.
(2) to the Reinsurance Facility to reduce the operating losses of the Facility for the twelve month period in which they are collected and to reduce the recoupment charges prescribed in Section 38-77-1310 assessed to drivers with the safe driver discount.
(3) to finance driver safety measures and enforce the uninsured motorist laws of the state as determined by the General Assembly, when the recoupment fee is no longer necessary to pay for losses incurred by the Facility, determined by the commissioner, as a result of the phasing out of the Facility as provided for by Section 38-77-1310.
Section 56-10-590. The Chief Insurance Commissioner may promulgate regulations necessary to implement the provisions of this article.
Section 56-10-610. This article does not repeal any other provision contained in this title, but is cumulative to such other provisions."
SECTION 15. Section 38-77-110(A) of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"(A) Automobile insurers other than insurers designated and approved as specialized insurers by the commissioner may not refuse to write or renew automobile insurance policies for individual private passenger automobiles if the risk qualifies for the safe driver discount in Section 38-73-760(e) or small commercial risks. These policies may not be canceled except for reasons which had they existed or been known when the policy was written would have rendered the risk not an insurable risk. Every automobile insurance risk constitutes an insurable risk unless the operator's permit of the named insured has been revoked or suspended and is at the time of application for insurance so revoked or suspended. However, no insurer is required to write or renew automobile insurance on any risk if there exists a valid and enforceable outstanding judgment secured by an insurer, an agent, or licensed premium service company on account of automobile insurance premiums which the applicant or insured or any principal operator who is a member of the named insured's household has failed or refused to pay unless the applicant or insured pays in advance the entire premium for the full term of the policy sought to be issued or renewed or the annual premium, whichever is the lesser. No insurer is required to write or renew private passenger automobile insurance if the risk does not qualify for the safe driver discount in Section 38-73-760(e). An insurer is not precluded from effecting cancellation of an automobile insurance policy, either upon its own initiative or at the instance of an agent or licensed premium service company, because of the failure of any named insured or principal operator to pay when due any automobile insurance premium or any installment payment. However, notice of cancellation for nonpayment of premium notifies the person to whom the notice is addressed that the notice is void and ineffective if payment of the full amount of the premium or premium indebtedness, whichever is the greater, is made to the insurer, agent, or licensed premium service company named in the notice by the otherwise effective date of cancellation. This notice of cancellation is not considered ineffective for being conditional, ambiguous, or indefinite."
SECTION 16. Section 38-77-110(C) of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"(C) With regard to any coverage not required to be written by an insurer under the mandate to write, no No insurer may refuse to write or renew such policy, coverage, or endorsement of automobile insurance because of the race, color, creed, national origin, or ancestry, or income of anyone who seeks to become insured."
SECTION 17. Section 38-77-110 of the 1976 Code, as last amended by Act 148 of 1989, is further amended by adding:
"(D) An applicant denied coverage must be provided in writing by the denying insurer the reason or reasons for which the applicant has been refused insurance by that insurer, at the time of the denial."
SECTION 18. Chapter 77 of Title 38 of the 1976 Code is amended by adding:
Section 38-77-1310. (A) The Reinsurance Facility is abolished effective October 1, 1992. There is created the South Carolina Joint Underwriting Association. The administration of the phase out of the Facility is transferred to the Joint Underwriting Association.
(B) As of July 1, 1994, the Facility recoupment charge must not be included in the rate or premium charged by the insurers of private passenger automobile insurance to drivers who qualify for the safe driver discount. If any losses are incurred as a result of the operation of the Facility, the losses attributable to the Facility must be distributed among insured drivers as provided in subsection (C) until the commissioner determines all of the losses have been accounted for, unless provided otherwise.
(C) Consistent with subsection (B), the rate or premium charged by insurers of private passenger automobile insurance must include a recoupment charge, which must be added to the appropriate rate to compensate for any remaining losses incurred by the Facility as a result of its operation. The operating losses of the Facility for a twelve-month period must be recouped in the subsequent twelve-month period.
(1) Prior to December first of each year, the governing board shall calculate the recoupment amount, by coverage, by dividing the net Facility operating loss, adjusted to reflect prudently incurred expenses, consistent with the provisions of Section 38-73-465, and the time value of money, by mandated coverage for the preceding Facility accounting year, by the total number of earned car years in South Carolina, by coverage, for the same period of time. .368 multiplied by the recoupment is to be borne by risks having zero surcharge points under the Uniform Merit Plan promulgated by the commissioner. The remainder of the recoupment (.614 multiplied by the recoupment) represents R in the formula P1X +2P2X +3P3X + 4P4X + 5P5X + 6P6X + 7P7X + 8P8X + 9P9X + 10P10X = R. In this formula to be utilized in determining the Facility recoupment charge:
(a) P1 is the percentage of risks which have one surcharge point under the Uniform Merit Rating Plan;
(b) P2 is the percentage of risks which have two surcharge points under the Uniform Merit Rating Plan;
(c) P3 is the percentage of risks which are subject to a surcharge of three points under the Uniform Merit Rating Plan;
(d) P4 is the percentage of risks which are subject to a surcharge of four points under the Uniform Merit Rating Plan;
(e) P5 is the percentage of risks subject to a surcharge of five points under the Uniform Merit Rating Plan;
(f) P6 is the percentage of risks subject to a surcharge of six points under the Uniform Merit Rating Plan;
(g) P7 is the percentage of risks subject to a surcharge of seven points under the Uniform Merit Rating Plan;
(h) P8 is the percentage of risks subject to a surcharge of eight points under the Uniform Merit Rating Plan;
(i) P9 is the percentage of risks subject to a surcharge of nine points under the Uniform Merit Rating Plan;
(j) P10 or more is the percentage of risks subject to a surcharge of ten or more points under the Uniform Merit Rating Plan;
(k) X is the dollar amount by coverage, to be charged all risks having one surcharge point under the Uniform Merit Rating Plan promulgated by the commissioner. This dollar amount, by coverage, is the Facility recoupment charge to be added to the rate for all risks which have one surcharge point.
(2) The Facility recoupment charge by coverage to be added to the rate for all risks which have one surcharge point under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of one.
(3) The Facility recoupment charge by coverage to be added to the rate for all risks which have two surcharge points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of two.
(4) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of three points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of three.
(5) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of four points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of four.
(6) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of five points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of five.
(7) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of six points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of six.
(8) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of seven points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of seven.
(9) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of eight points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of eight.
(10) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of nine points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of nine.
(11) The Facility recoupment charge by coverage to be added to the rate for all risks which are subject to a surcharge of ten or more points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of ten.
(12) In determining the number of surcharge points a risk has for the purposes of this section, no surcharge points assigned under the Uniform Merit Rating Plan because the principal operator of the automobile has not been licensed in any state for at least one year immediately preceding the writing of the risk or as a result of a failure of any motor vehicle equipment requirement may be considered.
(13) This section applies to all private passenger automobile insurance policies.
Section 38-77-1330. As used in this article:
(1) 'Association' means the South Carolina Joint Underwriting Association established pursuant to this article.
(2) 'Net direct premiums' means gross direct premiums written on automobile liability insurance as computed by the Chief Insurance Commissioner less return premiums or the unused or unabsorbed portions of premium deposits.
Section 38-77-1340. (A) A joint underwriting association is created consisting of all automobile insurers licensed to write within this State automobile insurance policies. Every such insurer is and must remain a member of the association as a condition of its authority to continue to transact this kind of insurance in this State.
(B) The purpose of the association is to provide automobile insurance on a self-supporting basis to the fullest extent possible.
Section 38-77-1350. The association has the power on behalf of its members to make agreements among themselves with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to or have lost their safe driver discount, but are unable to procure such insurance through ordinary methods, and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance. Such agreements and rate modifications shall be subject to the approval of the department.
Section 38-77-1360. (A) The department shall, after consultation with the insurers licensed to write automobile liability insurance in this State, adopt a reasonable plan or plans for the equitable apportionment among such insurers of applicants for such insurance who are in good faith entitled to or have lost their safe driver discount, but are unable to, procure such insurance through ordinary methods, and, when such plan has been adopted, all such insurers shall subscribe thereto and shall participate therein. Such plan or plans shall include rules for classification of risks and rates therefor by driver classification and territory. Any insured placed with the plan shall be notified of the fact that insurance coverage is being afforded through the plan and not through the private market, and such notification shall be given in writing within ten days of such placement. To assure that plan rates are made adequate to pay claims and expenses, insurers shall develop a means of obtaining loss and expense experience at least annually, and the plan shall file such experience, when available, with the department in sufficient detail to make a determination of rate adequacy.
(B) The plan of operation shall provide for economic, fair, and nondiscriminatory administration and for the prompt and efficient provision of insurance and may contain other provisions, including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the association, assessment of the members to defray losses and expenses, commission arrangements, reasonable and objective underwriting standards, appointment of servicing carriers, and procedures for determining amounts of insurance to be provided by the association.
(C) Trend factors shall not be found to be inappropriate if not in excess of trend factors normally used in the development of residual market rates by the appropriate licensed rating organization. Each application for coverage in the plan shall include, in boldfaced 12-point type immediately preceding the applicant's signature, the following statement:
'THIS INSURANCE IS BEING AFFORDED THROUGH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION AND NOT THROUGH THE PRIVATE MARKET. PLEASE BE ADVISED THAT COVERAGE WITH A PRIVATE INSURER MAY BE AVAILABLE FROM ANOTHER AGENT AT A LOWER COST. AGENT AND COMPANY LISTINGS ARE AVAILABLE IN THE LOCAL YELLOW PAGES.'
(D) The plan of operation shall provide that any profit achieved by the association must be added to the reserves of the association or returned to the policyholders as a dividend but under no circumstances whatsoever shall any profit be paid over to or received by an insurer either in currency or any other benefit of any kind.
(E) Amendments to the plan of operation may be made by the directors of the association with the approval of the commissioner or must be made at the direction of the commissioner after proper notice and public hearing.
(F) The association may not write private passenger automobile insurance with higher limits of coverage than:
(1) two hundred fifty thousand dollars, for bodily injury liability to one person in one accident,
(2) subject to the limit for one person, five hundred thousand dollars because of bodily injury to two or more persons in one accident,
(3) one hundred thousand dollars because of injury to or destruction of property of others in any one accident,
(4) five hundred thousand dollars, combined single limits for either or both bodily injury and property damage,
(5) two hundred fifty thousand dollars of added personal protection benefits or personal protection liability limits up to the limits of the personal protection benefits.
(G) If a driver covered by the association has not been able to purchase insurance on the voluntary market after five consecutive years of maintaining a safe driver discount, the driver must be placed by the association with an automobile insurance company doing business in the voluntary market in this State. The company must be chosen based on its percentage of automobile insurance business written in this State on the voluntary market. The company must charge the driver the company's preferred or standard rate according to driver classification and territory. A driver assigned under this provision may not be refused insurance until the driver fails to qualify for the safe driver discount. This provision does not preclude the driver from seeking automobile insurance coverage on the voluntary market at any other time.
Section 38-77-1370. The rates, rating plans, rating rules, rating classifications, territories, and policy forms applicable to insurance written by the association and the statistical and experience data relating thereto are subject to this article and to those provisions of Chapter 73 of Title 38 which are not inconsistent with this article.
Section 38-77-1380. The commissioner shall obtain complete statistical data in respect to automobile insurance losses and reparation costs as well as all other costs or expenses which underlie or are related to automobile insurance. The commissioner shall promulgate any statistical plan he considers necessary for the purpose of gathering data referable to loss and loss adjustment expense experience and other expense experience. When the statistical plan is promulgated, the association shall adopt and use it.
Section 38-77-1390. In structuring rates and determining the profit or loss of the association in respect to such insurance, consideration must be given by the commissioner to all investment income so that investment income is a part of the ratemaking and ratesetting process.
Section 38-77-1395. No later than sixty days after the passage of this act, the board must file with the commissioner rates for personal protection policies as defined by Section 38-78-30 and rates for private passenger automobile insurance liability coverages, uninsured motorist coverages, and underinsured motorist coverages. All of these rates are subject to surcharges or discounts, if any, applicable under any approved Merit Rating Plan, credit, or discount plan promulgated or approved by the commissioner. The board must file:
(1) a standard rate by driver classification and territory twenty percent less than the substandard rate defined in (2). This rate applies to all private passenger automobile insurance risks which qualify for the safe driver discount and are insured directly by or ceded to the association; and
(2) a 'substandard' rate by driver classification and territory which applies to all private passenger automobile insurance risks which do not qualify for the safe driver discount and are insured directly by or ceded to the association.
These two rates must be construed so that when the experience generated by them is combined, the association is able to provide private passenger automobile insurance on a self-supporting basis.
Upon the approval of these rates, they must be utilized for all private passenger automobile insurance risks either ceded to or insured directly by the association. No insurer or group of insurers under the same management may cede more than thirty-five percent of total direct cedeable written premiums on South Carolina automobile insurance as reported in the most recently filed annual statement of the insurer or group. The association must submit policy forms, rating plans, and rating rules applicable to insurance to be written by the association to the commissioner for his approval.
Section 38-77-1400. The premium rate charged for coverage must be at rates established on an actuarially sound basis, including consideration of trends in the frequency and severity of losses and must be calculated to be self-supporting.
Section 38-77-1410. The association may provide a rate increase or assessment subject to the commissioner's approval.
Section 38-77-1420. Any deficit sustained by the association in any year must be recouped, pursuant to the plan of operation and the rating plan then in effect by a rate increase applicable prospectively. The commissioner has the authority to authorize and must approve any recoupment under this section.
Section 38-77-1430. After the initial year of operation, rates, rating plans, and rating rules and any provision for recoupment through policyholder assessment or premium rate increase must be based upon the association's loss and expense experience and investment income, together with any other information based upon this experience and income as the commissioner considers appropriate. The resultant premium rates must be on an actuarially sound basis and must be calculated to be self-supporting.
If sufficient funds are not available for the sound financial operation of the association, pending recoupment as provided in Section 38-77-1420, all members, on a temporary basis, shall contribute to the financial requirements of the association in the manner provided for in Section 38-77-1440. Any such contribution must be reimbursed to the members following recoupment as provided in Section 38-77-1420.
Section 38-77-1440. All insurers which are members of the association shall participate in its writings, expenses, and losses in the proportion that the net direct premiums of each member, excluding that portion of premiums attributable to the operation of the association, written during the preceding calendar year bear to the aggregate net direct premiums written in this State by all members of the association. Each insurer's participation in the association must be determined annually on the basis of the net direct premiums written during the preceding calendar year, as reported in the annual statements and other reports filed by the insurer with the commissioner. The assessment of a member insurer may after hearing be ordered deferred in whole or in part upon application by the insurer if, in the opinion of the commissioner, payment of the assessment would render the insurer insolvent or in danger of insolvency or would otherwise leave the insurer in such condition that further transaction of the insurer's business would be hazardous to its policyholders, creditors, members, subscribers, stockholders, or the public. In the event that payment of an assessment against a member insurer is deferred by order of the commissioner in whole or in part, the amount by which the assessment is deferred must be assessed against other member insurers in the same manner as provided in this section. In its order of deferral, or in such subsequent orders as may be necessary, the commissioner shall prescribe a plan by which the assessment so deferred must be repaid to the association by the impaired insurer with interest at the six-month treasury bill rate adjusted semiannually. Any profits, dividends, or other funds of the association to which the insurer is otherwise entitled may not be distributed to the impaired insurer but must be applied toward repayment of any assessment until the obligation has been satisfied. The association shall distribute the repayments, including any interest thereon, to the other member insurers on the basis at which assessments were made.
Section 38-77-1450. Every member of the association is bound by the approved plan of operation of the association and the rules of the board of directors of the association.
Section 38-77-1460. (A) If the authority of an insurer to transact automobile insurance in this State terminates for any reason, its obligations as a member of the association continue until all its obligations are fulfilled and the commissioner has so found and certified to the board of directors.
(B) If a member insurer merges into or consolidates with another insurer authorized to transact insurance in this State or another insurer authorized to transact insurance in this State has reinsured the insurer's entire automobile insurance business in this State, both the insurer and its successor or assuming reinsurer, as the case may be, are liable for the insurer's obligations to the association.
(C) Any unsatisfied net liability of any insolvent member of the association must be assumed by and apportioned among the remaining members in the same manner in which assessments or gain and loss are apportioned and the association shall acquire and have all rights and remedies allowed by law in behalf of the remaining members against the estate or funds of the insolvent insurer for funds due the association.
Section 38-77-1470. The joint underwriting association is governed by a board of seven directors, one of whom is appointed by the Governor to represent the general public and four of whom are appointed by the Governor and represent automobile insurers who are members of the association. Two directors, appointed by the Governor, are agents authorized to represent automobile insurers licensed to do business in this State.
The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups for voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of such a group may serve as a director at any one time. The board of directors shall elect a chairman by majority vote and he, or his designee, must preside at all meetings of the board.
Section 38-77-1480. Any applicant for insurance through the association or any insurer adversely affected, or claiming to be adversely affected, by any ruling, action, or decision by or on behalf of the association, may appeal to the commissioner within thirty days after the ruling, action, or decision.
Section 38-77-1490. The association shall file in the office of the commissioner annually by March first a statement containing information with respect to its transactions, condition, operations, and affairs during the preceding year. The statement shall contain information prescribed by the commissioner and must be in the form he directs.
The commissioner, at any reasonable time, may require the association to furnish additional information concerning its transactions, condition, or any matter connected therewith considered to be material and of assistance in evaluating the scope, operations, and experience of the association.
Section 38-77-1500. The commissioner shall make an examination into the financial condition and affairs of the association at least annually and shall file a report thereon with the Commission, the Governor, and the General Assembly. The expenses of the examination must be paid by the association."
SECTION 19. Section 38-73-455 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-73-455. (A) An automobile insurer shall offer two four different rates for automobile insurance, a base rate as defined in Section 38-73-457 and an objective standards rate which is twenty-five percent above the base rate. Both All of these rates are subject to all surcharges or discounts, if any, applicable under any approved merit rating plan, credit, or discount plan promulgated or approved by the commissioner.
(B) No later than ninety days after the passage of this act, insurers of automobile insurance must file with the commissioner rates for personal protection policies as defined by Section 38-78-30 and revised rates for all other private passenger automobile insurance policies written by them. Each insurer must file:
(1) a 'preferred' rate by driver classification and territory, which is a rate less than the standard rate defined herein. This rate applies to private passenger automobile insurance risks which qualify for the safe driver discount; and
(2) a 'standard' rate which must be the approved base rate as defined in Section 38-73-457, by driver classification and territory in effect on July 1, 1992. This rate applies to private passenger automobile insurance risks which qualify for the safe driver discount; and
(3) a 'nonpreferred' rate by driver classification and territory, which is a rate more than the standard rate but less than the rate by driver classification and territory for the substandard rate and is applicable to all private passenger automobile insurance risks; and
(4) a 'substandard' rate by driver classification and territory, which is a rate more than the nonpreferred rate but less than or equal to the substandard rate by driver classification and territory for the South Carolina Joint Underwriting Association, as provided for in Article 13 of Chapter 77 of Title 38, and is applicable to all private passenger automobile risks.
(C) The commissioner must approve the rates filed pursuant to subsection (A). If the rates are approved, the rates shall become effective for all policies of automobile insurance issued or renewed with effective dates on or after January 1, 1993.
(D) Insurers may place any automobile insurance risk at any of the four rate levels without restriction unless provided otherwise in this chapter. An insurer or agent shall provide written notice to the insurer of the tier at which coverage is being written for the insured and the reasons the insured was written in that particular tier. However, the Uniform Merit Rating Plan must continue to apply to all risks written by them.
(E) An applicant and all operators of the insured automobile who have qualified for the safe driver discount for the last five years and who reside in the same household, and the automobile or the automobile it replaced has been insured for liability or personal protection coverage for the past twelve months must be written at the preferred or standard rate and may not be ceded to the Joint Underwriting Association. A driver who is claimed as a dependent for income tax purposes is not required to meet the five year requirement as long as the dependent qualifies for the safe driver discount.
(F) An applicant and all operators of the insured automobile who have qualified for the safe driver discount for the last ten years and who reside in the same household and the automobile or the automobile it replaced has been insured for liability or personal protection coverage for the past twelve months must be written at the preferred rate and may not be ceded to the Joint Underwriting Association. A driver who is claimed as a dependent for income tax purposes is not required to meet the ten year requirement as long as the dependent qualifies for the safe driver discount.
(G) All policies of automobile insurance issued or renewed with effective dates on or after October 1, 1992, that are written by automobile insurers designated pursuant to Section 38-77-590(A), for risks written by them through producers designated pursuant to that same section, and all policies ceded to the Joint Underwriting Association by automobile insurers must be written at the rates provided for in Section 38-77-1395. However, the Uniform Merit Rating Plan must apply to all such risks.
(H) The Board of Directors of the association must file rates by driver classification and territory for both the personal protection policies as defined by Section 38-78-30, liability coverages, and uninsured motorist coverage.
Applicants, or a current policyholder, seeking automobile insurance with an insurer must be written at the base rate, unless one of the conditions or factors in subitems (1) through (8) of item (A) is present.
(A) The named insured or any operator who is not excluded in accordance with Section 37-77-340 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:
(1) has obtained a policy of automobile insurance or continuation thereof through material misrepresentation within the preceding thirty-six months; or
(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or
(3) has had two or more 'chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A 'chargeable' accident is defined as one resulting in bodily injury to any person in excess of three hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.
(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.
(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.
(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.
(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a 'hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.
(f) Accidents involving damage by contact with animals or fowl.
(g) Accidents involving physical damage, limited to an caused by flying gravel, missiles, or falling objects.
(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or
(4) has had one 'chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or
(5) has been convicted of or forfeited bail during the thirty-six months immediately preceding the effective date of coverage for operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or
(6) has been convicted or forfeited bail during the thirty-six months immediately preceding the effective date for:
(a) any felony involving the use of a motor vehicle,
(b) criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle,
(c) leaving the scene of an accident without stopping to report,
(d) theft or unlawful taking of a motor vehicle,
(e) operating during a period of revocation or suspension of registration or license,
(f) Knowingly permitting an unlicensed person to drive,
(g) reckless driving,
(h) the making of material false statements in the application for licenses or registration,
(i) impersonating an applicant for license or registration or procuring a license or registration through impersonation, whether for himself or another,
(j) filing of a false or fraudulent claim or knowingly aiding or abetting another in the presentation of such a claim,
(k) failure to stop a motor vehicle when signaled by means or a siren or flashing light by a law enforcement vehicle; or
(7) has for thirty or more consecutive days during the twelve months immediately preceding the effective date of coverage, owned or operated the automobile to be insured (or if newly acquired, the automobile it replaces) without liability coverage in violation of the laws of this State; or
(8) has used the insured automobile as follows or if the insured automobile is:
(a) used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool must not be considered use of an automobile for hire or compensation,
(b) used in the business of transportation of flammables or explosives,
(c) used in illegal operation, or
(d) no longer principally used and garaged within the State, but not to include students who are operating a motor vehicle registered in this State while attending an institution located in another state.
(B) In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, the motor vehicle customarily operated by that individual must be written at the objective standards rate.
(C) (I) Member companies of an affiliated group of automobile insurers may not utilize different filed rates for automobile insurance coverages which they are mandated by law to write. For the purpose of this section, an affiliated group of automobile insurers includes a group of automobile insurers under common ownership, management, or control. Those automobile insurers designated pursuant to Section 38-77-590(a), for automobile insurance risks written by them through producers designated by the Facility governing board pursuant to that section, shall utilize the rates or premium charges by coverage filed and authorized for use by the rating organization licensed by the Commissioner pursuant to Article 11, Chapter 73 of this title, which has the largest number of members or subscribers for automobile insurance rates. However, those automobile insurers designated pursuant to Section 38-77-590(a) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their authorized agents not appointed pursuant to Section 38-77-590.
(D) (J) An automobile insurance policy may be endorsed at any time during the policy period to reflect the correct rate or premium applicable by reason of the factors or conditions described in subsection (A) which existed prior to the commencement of the policy period in which the endorsement is made, regardless of whether the factors or conditions were known or disclosed to the insurer at the commencement of the policy period. However, no No policy may be endorsed during a policy period to reflect factors or conditions occurring during that policy period. A policy may be endorsed during a policy period to recognize the addition or deletion of an operator or vehicle.
(E) For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record."
SECTION 20. Section 38-73-760 of the 1976 Code, as last amended by Act 148 of 1989, is further amended by adding:
"(g) No surcharge may be assessed for the first conviction of speeding less than twenty miles per hour if the person convicted has maintained the safe driver discount for the previous three years.
(h) No surcharge may be assessed for convictions of the following violations occurring on or after January 1, 1993: failing to dim lights; operating with improper lights; operating with improper brakes; or operating a vehicle in unsafe condition."
SECTION 21. Section 56-10-270 of the 1976 Code is amended to read:
"Section 56-10-270. (a) Any person knowingly operating an uninsured motor vehicle subject to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one two hundred dollars nor more than two three hundred dollars or imprisoned for thirty days or may be ordered to perform up to fifty public service hours, or a combination of these, and,
(2) upon conviction of a second offense, be fined two three hundred dollars or imprisoned for thirty days or perform up to one hundred public service hours, or a combination of these, or both, and
(3) for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months and be fined up to four hundred dollars or serve up to two hundred public service hours, or a combination of these. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 38-77-340.
(b) The department upon receipt of information to the effect that any person has been convicted of violating subsection (a) of this section shall suspend the driving privilege and all license plates and registration certificates issued in the person's name for a period of thirty days for a first offense, for a period of ninety days for a second offense, and for a period of six months for a third and each subsequent offense. and may not reinstate that The person's privileges may not be reinstated until proof of financial responsibility has been filed.
(c) Any person whose license plates and registration certificates which are suspended as provided in this section, which are not suspended for any other reason, may have them immediately restored, if he files proof of financial responsibility with the department."
SECTION 22. The 1976 Code is amended by adding:
"Section 38-77-116. Upon issuance of a new private passenger automobile insurance policy, the insurance company or agent must review with the new applicant a list of driving offenses and the related fine and punishment, as well as the possible increase in the rates, the effect of any surcharges, or the effect of the loss of the safe driver discount. This list must be on a form approved by the Chief Insurance Commissioner and must accompany the policy."
SECTION 23. After September 30, 1992, the governing board of the Joint Underwriting Association, enacted pursuant to Article 13 of Chapter 77 of Title 38 of the 1976 Code as contained in this act, shall contract with one or more insurers or business entities to serve as the designated carrier and shall establish a procedure for the selection of the designated carrier. In developing this procedure, the board must establish criteria which will assure the designated carrier's ability to adequately provide policy-writing and claims service. However, the board may not require that the designated carrier be a licensed insurance company. Designated carrier contracts must be for a period of three years and must be awarded upon the terms and conditions for competitive sealed bidding as provided in Section 11-35-1520 of the 1976 Code.
If the designated carrier fails two claims audits, including a re-audit, within the contract term, the designated carrier is disqualified for renewal of its contract with the Facility upon expiration of its existing contract. Designated carrier contracts awarded pursuant to this section must provide that the failure of two claims audits, including a re-audit, during the contract term constitutes a material breach of the contract. After July 1, 1992, the governing board of the association may not designate any new producers.
Commissions paid to agents for policies ceded to or placed in the Joint Underwriting Association shall be set by the association's board of directors.
SECTION 24. The 1976 Code is amended by adding:
"Section 38-77-175. (A) When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to complete to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.
(B) The completed and verified form must be returned by the operator or 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 was uninsured.
(C) Any fine collected for a violation of Section 56-10-270, relating to driving uninsured, as a result of this section must be deposited in the treasury of the municipality or the county employing the law enforcement officer who issued the original ticket, if such law enforcement officer is a municipal or county employee, or in the general fund of the State, if the law enforcement officer who issued the original ticket is an employee of a state agency or department."
SECTION 25. The 1976 Code is amended by adding:
"Section 56-7-12. (A) When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to complete to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.
(B) The completed and verified form must be returned by the operator or 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 was uninsured.
(C) Any fine collected for a violation of Section 56-10-270, relating to driving uninsured, as a result of this section must be deposited in the treasury of the municipality or the county employing the law enforcement officer who issued the original ticket, if such law enforcement officer is a municipal or county employee, or in the general fund of the State, if the law enforcement officer who issued the original ticket is an employee of a state agency or department."
SECTION 26. Article 5 of Chapter 77 of Title 38 of the 1976 Code and Sections 38-73-1420, 38-73-1425, 38-77-285, 38-77-920, 38-77-940, 38-77-950, and 38-77-960 are repealed on October 1, 1992.
SECTION 27. Section 38-77-930 is repealed.
SECTION 28. Section 38-77-111 of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"Section 38-77-111. An automobile insurer may cede the coverages of an automobile insurance policy that it is mandated to write to the Reinsurance Facility Joint Underwriting Association but it may not cede coverages under a policy that it is not mandated by law to write except for tort liability and personal protection coverages and uninsured motorist coverage for those risks that do not qualify for the safe driver discount. However, if an insurer cedes a coverage it is mandated to write by law, it shall cede all coverages under that policy that it is mandated to write."
SECTION 29. If any provision of the act or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of such provision to other persons or circumstances are not affected thereby, and it is to be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision, except that if Section 38-78-110 or Section 38-78-120 is found to be unconstitutional or invalid it is to be conclusively presumed that the legislature would not have enacted the remainder of this act without such limitations, and the entire act is invalid. If Section 38-78-110 is found to be unconstitutional or invalid, personal protection insurers have no obligation to pay personal protection benefits with respect to accidents occurring on or after the date of the finding of such unconstitutionality or invalidity and, in addition, are subrogated to all of the rights of personal protection insureds for all previous such benefits paid.
SECTION 30. Except as otherwise specifically provided herein, this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. L. MARTIN having the floor.
At 12:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R369) S. 808 -- Senator Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.
(R370) S. 1255 -- Senators Macaulay, Peeler and Giese: AN ACT TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.
(R371) S. 1291 -- Senator Pope: AN ACT TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY ACCIDENTAL FIRE, NATURAL DISASTER, OR ACT OF GOD.
(R372) S. 1366 -- Banking and Insurance Committee: AN ACT 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, REINSURANCE INTERMEDIARY-BROKERS, AND REINSURANCE INTERMEDIARY-MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS; TO AMEND SECTION 38-61-20, RELATING TO THE APPROVAL OF INSURANCE POLICIES, CONTRACTS, AND CERTIFICATES BY THE INSURANCE COMMISSIONER, SO AS TO REVISE THE EXEMPTION FOR THE APPROVAL REQUIREMENT, AND TO REPEAL SECTION 38-77-930, RELATING TO RULES BY AFFILIATED AUTOMOBILE INSURERS REGARDING RISKS.
(R373) S. 610 -- Senators Rose, McGill, Reese and Thomas: AN ACT TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO REVISE THE DISTRIBUTION OF PROCEEDS AND THE ESTABLISHMENT OF SEPARATE ACCOUNTS, TO REQUIRE AUDITS OF THE ACCOUNTS, AND TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
(R374) S. 220 -- Senator Mullinax: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A HOUSEBOAT HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE TANK REQUIREMENTS AND PENALTIES; AND TO DIRECT THE SOUTH CAROLINA GOVERNOR'S OFFICE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO WORK WITH THE GOVERNOR'S OFFICE OF GEORGIA AND THE APPROPRIATE NATURAL RESOURCE AGENCY IN THAT STATE TO PETITION THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO DESIGNATE LAKE HARTWELL AS A NO DISCHARGE ZONE AND PROVIDE FOR SOUTH CAROLINA TO PETITION ON ITS OWN IF GEORGIA DOES NOT JOIN THE PETITION.
(R375) S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: AN ACT TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
(R376) S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.
(R377) S. 660 -- Senator Waddell: AN ACT TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE, TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS, AND TO ALLOW PERSONS RETIRING BEFORE JULY 1, 1990, WHO RETIRED UNDER THE OPTION ADVANCING SOCIAL SECURITY PAYMENTS TO ELECT TO MAKE A LUMP SUM PAYMENT TO ELIMINATE BENEFIT REDUCTIONS ATTRIBUTABLE TO COST-OF-LIVING AND SPECIAL BENEFIT INCREASES AND PROVIDE THAT THE BENEFIT OF A RETIREE ELECTING NOT TO MAKE THE PAYMENT MUST BE ADJUSTED AFTER THE EXCESS OF THE COST-OF-LIVING AND SPECIAL INCREASES OVER INCREASES THE RETIREE WOULD HAVE RECEIVED UNDER ANOTHER OPTION IS RECOVERED; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
(R378) S. 261 -- Senator Fielding: AN ACT TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
(R379) S. 414 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-4-335 SO AS TO DEFINE ADMINISTRATIVE TAX PROCESS, TO PROVIDE WHO MAY LAWFULLY REPRESENT GOVERNMENTAL TAXING ENTITIES AND TAXPAYERS IN THE ADMINISTRATIVE TAX PROCESS, AND TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO SUSPEND OR DISBAR A REPRESENTATIVE FOUND TO BE INCOMPETENT, DISREPUTABLE, OR WHO FAILS TO COMPLY WITH APPLICABLE DUTIES AND RESTRICTIONS.
(R380) S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: AN ACT TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY, AND TO PROVIDE FOR A PRELIMINARY HEARING AND PROCEDURES FOR REINSTATEMENT OF THE LICENSE.
(R381) S. 383 -- Senator Moore: AN ACT 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 PROVIDE THAT WHEN A DISTRICT ELECTS ITS BOARD MEMBERS, THEY MUST BE ELECTED IN THE NOVEMBER GENERAL ELECTIONS IN EVEN NUMBERED YEARS, TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO EXTEND TERMS FOR NECESSARY PERIODS TO IMPLEMENT THE ELECTION DATE CHANGE; TO DELETE THE AUTHORITY OF THE GOVERNING BODY OF THE COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR MEMBERS OF GOVERNING BODIES OF SPECIAL PURPOSE DISTRICTS WITHIN THE COUNTY, AND 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.
(R382) S. 1236 -- Senator Lourie: AN ACT TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE.
(R383) S. 1406 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R384) S. 1405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO FAILURE OF EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R385) H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.
(R386) H. 3873 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
(R387) H. 4242 -- Reps. Gonzales, Hallman, Fulmer, Rama, R. Young, Whipper, Wofford, Holt, Inabinett, G. Bailey, J. Bailey, A. Young, D. Martin and Barber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-137 SO AS TO ESTABLISH NO WAKE ZONES ON THE ASHLEY RIVER.
(R388) H. 3747 -- Rep. Cole: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS WHERE THE FLOOR LEVEL IS MORE THAN TEN FEET ABOVE SURFACE LEVEL IN OR AROUND FRESHWATER OR MORE THAN FIVE FEET ABOVE THE MEAN HIGH WATER IN OR AROUND SALTWATER, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.
(R389) H. 4391 -- Rep. Felder: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT TO CHARGE FEES FOR SUPPLEMENTARY INSTRUCTIONAL MATERIALS; TO REVISE THE PER DIEM AND MILEAGE THAT MEMBERS OF THE BOARD OF TRUSTEES SHALL RECEIVE; TO ABOLISH THE CALHOUN COUNTY BOARD OF EDUCATION ON THE EFFECTIVE DATE OF THIS ACT, AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS TO SPECIFIED ENTITIES; TO ABOLISH THE OFFICE OF CALHOUN COUNTY SUPERINTENDENT OF EDUCATION UPON THE EXPIRATION OF THE CURRENT TERM OF THE INCUMBENT SUPERINTENDENT OF EDUCATION, AND DEVOLVE THE FUNCTIONS, DUTIES, AND POWERS OF THIS OFFICE UPON THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT; AND TO REPEAL SECTION 1 OF ACT 743 OF 1976, RELATING TO THE CALHOUN COUNTY BOARD OF EDUCATION.
(R390) H. 4418 -- Reps. McAbee and Carnell: AN ACT TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.
(R391) H. 4637 -- Rep. Tucker: AN ACT TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
(R392) H. 3874 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS, SO AS TO ESTABLISH AS A RESTRICTED AREA THE AREA WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF HUNTING ISLAND AND FRIPP ISLAND RATHER THAN HUNTING ISLAND ONLY; TO AMEND SECTION 50-17-1020, RELATING TO THE USE OF TRAWL NETS IN CERTAIN WATERS ADJACENT TO GAME ZONES 7 AND 9, VIOLATIONS AND PENALTIES, AND SEIZURE AND DISPOSITION OF BOAT AND CATCH, SO AS TO DELETE PROVISIONS MAKING A VIOLATION OF THIS SECTION A MISDEMEANOR, PROVISIONS RELATING TO PENALTIES, PROVISIONS RELATING TO SEIZURE OF ANY BOAT USED IN THE VIOLATION OF THIS SECTION, INCLUDING THE BOAT'S RIGGING, EQUIPMENT, AND CATCH, AND PROVISIONS RELATING TO SELLING THE CATCH, STATUS OF THE PROCEEDS OF THAT SALE, AND SALE OR REDEMPTION OF THE BOAT, RIGGING, AND EQUIPMENT; TO AMEND SECTION 50-17-1030, RELATING TO PENALTIES FOR TRAWLING IN RESTRICTED AREAS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND PROVIDE THAT THE CAPTAIN OF A BOAT FOUND TRAWLING IN THE AREAS DEFINED IN SECTION 50-17-1010, 50-17-1020, OR 50-17-1040 DURING THE SPECIFIED RESTRICTED PERIOD IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, FOR A FIRST OFFFENSE MUST BE FINED TWO HUNDRED DOLLARS OR IMPRISONED NOT MORE THAN THIRTY DAYS, AND PROVIDE THAT UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE THE CAPTAIN MUST BE FINED TWO HUNDRED DOLLARS AND HIS LICENSE AND THE LICENSE OF THE BOAT MUST BE SUSPENDED FOR THIRTY DAYS; AND TO REPEAL SECTION 50-17-625, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND, HILTON HEAD ISLAND, AND FRIPP ISLAND AND THE PENALTIES THEREFOR.
(R393) H. 4351 -- Rep. Snow: AN ACT TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.
(R394) H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION 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 BEFORE JULY 1, 1992, 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.
(R395) H. 4436 -- Reps. Baxley and Beasley: AN ACT TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REDUCE THE NUMBER OF SCHOOL BOARD MEMBERS FROM TWELVE TO EIGHT, PROVIDE THAT THE SINGLE-MEMBER ELECTION DISTRICTS FOR THE PURPOSE OF ELECTING THE MEMBERS OF THE BOARD OF EDUCATION OF DARLINGTON COUNTY ARE THE SAME AS PROVIDED BY LAW FOR THE MEMBERS OF THE DARLINGTON COUNTY COUNCIL, MAKE CHANGES TO THE LAW GOVERNING BOARD OF EDUCATION MEMBERS AND THE METHOD OF THEIR SELECTION, INCLUDING, AMONG OTHER THINGS, THE DATE OF THE COMMENCEMENT OF TERMS OF OFFICE, PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT BOARD OF EDUCATION MEMBERS, PROVIDE THAT CERTAIN PROVISIONS OF THIS ACT SHALL NOT BECOME EFFECTIVE OR IMPLEMENTED UNTIL THE QUALIFIED ELECTORS OF DARLINGTON COUNTY HAVE APPROVED THE REDUCTION IN THE NUMBER OF MEMBERS OF THE BOARD FROM TWELVE TO EIGHT, PROVIDE FOR A REFERENDUM FOR THIS PURPOSE, AND PROVIDE THAT CERTAIN PROVISIONS OF THIS ACT TAKE EFFECT UPON APPROVAL BY THE GOVERNOR.
(R396) H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: AN ACT TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.
(R397) H. 4537 -- Reps. McAbee, Kinon and McGinnis: AN ACT TO AMEND CHAPTER 130 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLEGE OF CHARLESTON, BY ADDING ARTICLE 3 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF BUILDINGS, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON THE PLEDGE OF REVENUES DERIVED FROM RENTALS, FEES, AND OTHER CHARGES, TO PROVIDE PROCEDURES FOR THE AUTHORIZATION OF THE BONDS; AND TO DESIGNATE SECTIONS 59-130-10 THROUGH 59-130-50 AS ARTICLE 1, CHAPTER 130, TITLE 59 AND ENTITLED "GENERAL PROVISIONS".
(R398) H. 4296 -- Rep. Rama: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-515 SO AS TO SET THE SPEED LIMIT FOR SCHOOL BUSES AND TO PROVIDE EXCEPTIONS.
(R399) H. 3805 -- Rep. Quinn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH THE "SOLICITATION OF CHARITABLE FUNDS ACT" HAS AN INSURABLE INTEREST IN THE LIFE OF AN INSURED UNDER A POLICY IN WHICH THE CHARITY OR CORPORATION IS IRREVOCABLY NAMED AS A BENEFICIARY AS LONG AS THE APPLICATION IS SIGNED BY THE INSURED, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT LIMIT OR ABRIDGE ANY INSURABLE INTEREST OR RIGHT TO INSURE NOW EXISTING AT COMMON LAW OR BY STATUTE, SHALL BE CONSTRUED LIBERALLY TO SUSTAIN INSURABLE INTEREST, AND SHALL STAND AS A DECLARATION OF EXISTING LAW APPLICABLE TO ALL LIFE INSURANCE POLICIES IN EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(R400) H. 3981 -- Rep. J. Harris: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.
(R401) H. 4712 -- Reps. Ross and T.C. Alexander: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT IN AN AMOUNT NOT EXCEEDING ONE MILLION DOLLARS BUT IN NO EVENT TO EXCEED ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISIONS FOR THE PAYMENT OF BONDS.
(R402) H. 3875 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION; AND TO AMEND SECTION 50-17-610, RELATING TO THE LAWFUL AREA TO TRAWL FOR SHRIMP OR PRAWN MAY FIFTEENTH TO DECEMBER THIRTY-FIRST, SO AS TO REVISE THE BOUNDARIES OF THE AREA.
(R403) H. 4226 -- Rep. Koon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT AN ANIMAL DELIVERED TO A VETERINARIAN, A DOG KENNEL, A CAT KENNEL, AN ANIMAL HOSPITAL, ANOTHER ANIMAL CARE FACILITY, OR A PERSON WHO BOARDS DOMESTIC ANIMALS ON HIS PREMISES FOR A FEE MAY BE TRANSFERRED TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER FAILED TO PICK UP THE ANIMAL AS AGREED TO PURSUANT TO A WRITTEN CONTRACT OR AGREEMENT UPON CERTAIN CONDITIONS.
(R404) H. 4125 -- Reps. Wilkins and Harwell: AN ACT TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT ON THE COURT OF APPEALS OR THE SUPREME COURT, AND TO PROVIDE THAT EXCEPT AS
PROVIDED ABOVE, PRIOR TO ANY PERSON BEING APPOINTED OR ELECTED TO SERVE AS A JUSTICE OF THE SUPREME COURT OR AS A JUDGE OF THE COURT OF APPEALS OR THE CIRCUIT COURT, THAT PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE; AND TO AMEND SECTION 14-1-216, RELATING TO THE PROHIBITION AGAINST ACTIVE FAMILY COURT JUDGES BEING ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT, SO AS TO PROVIDE THAT THE CHIEF JUSTICE MAY APPOINT AN ACTIVE FAMILY COURT JUDGE AS A SPECIAL CIRCUIT COURT JUDGE TO PERFORM CERTAIN FUNCTIONS.
At 12:58 P.M. the House resumed, the SPEAKER in the Chair.
Rep. GENTRY moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. HOLT a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 4521 -- Reps. L. Martin, Hallman, Corning, Wofford, Rama, H. Brown, Shissias, Haskins, Fulmer, Littlejohn, Lanford, Meacham, Manly, D. Elliott, Keyserling, Stone, Kirsh, D. Williams, McGinnis, Cato, G. Bailey, Quinn, Marchbanks, Stoddard, Rhoad, Jaskwhich, A. Young, Holt, Baker, Wright, Hendricks, Keegan, Wells, Sharpe, Council, Fair, Wilder, P. Harris, Riser, Snow, Koon, Phillips, Altman, Bruce, McCraw and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 38 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE CHAPTER OF TITLE 38, SO AS TO PROVIDE THAT "AUTOMOBILE INSURANCE POLICY" ALSO INCLUDES THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND REQUIRE AN INSTRUCTION TO THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE PROVISIONS OF LAW ON AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO EXCLUDE PUNITIVE DAMAGES FROM THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REFER TO "ACTUAL DAMAGES", AND PROVIDE THAT AN INSURER SHALL OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES, WHICH COVERAGE IS OPTIONAL WITH THE INSURED; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REFER TO ACTUAL DAMAGES, INCREASE THE EXCLUSION AMOUNT REGARDING LOSS OR DAMAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, REQUIRE INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT PREMIUM RATES MADE BY INSURERS FOR UNINSURED MOTORIST COVERAGE MUST BE DETERMINED AND REGULATED AS PREMIUM RATES FOR AUTOMOBILE INSURANCE GENERALLY ARE DETERMINED AND REGULATED, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, REQUIRE THE OFFERING OF UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT, AND ENACT CERTAIN PROVISIONS FOR INSURERS OFFERING UNINSURED MOTORIST COVERAGE; TO AMEND SECTION 56-9-350, RELATING TO THE REQUIREMENT THAT THE VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE FORM BE ISSUED FOLLOWING CERTAIN ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNER OR OTHER OPERATOR NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 AND WHO RESIDES IN THE SAME HOUSEHOLD MEETS ONE OF THE CONDITIONS OR FACTORS SPECIFIED IN SECTION 38-73-455 FOR APPLICATION OF THE OBJECTIVE STANDARDS RATE; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED IN THIS STATE MUST BE INSURED, SO AS TO DESCRIBE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240; RELATING TO THE REQUIREMENT THAT, UPON LOSS OF AUTOMOBILE INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER THE VEHICLE'S REGISTRATION AND PLATES, SO AS TO DESCRIBE THE MOTOR VEHICLES REFERENCED IN THE SECTION AS VEHICLES FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10 OF TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT AUTOMOBILE INSURERS MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760 OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW SUCH POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, OR ECONOMIC STATUS OF ANYONE WHO SEEKS TO BECOME INSURED, PROVIDE THAT AN APPLICANT WHO IS DENIED COVERAGE MAY REQUEST THE DENYING INSURER TO PROVIDE IN WRITING THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE, AND REQUIRE THE INSURER TO RESPOND IN WRITING WITHIN TEN DAYS OF THE REQUEST; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38 SO AS TO PROVIDE FOR THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY AND FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, AND THAT INSURERS MAY PLACE ANY AUTOMOBILE INSURANCE RISK AT ANY OF THE FOUR RATE LEVELS WITHOUT RESTRICTION UNLESS PROVIDED OTHERWISE BY LAW; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS, BY ADDING LANGUAGE WHICH PROVIDES THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS NO CHARGEABLE ACCIDENTS OR DRIVING CONVICTIONS FOR THE PREVIOUS THREE YEARS; TO AMEND SECTION 38-57-130, RELATING TO INSURANCE, TRADE PRACTICES, AND THE PROHIBITION ON MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE CONTRACTS, SO AS TO MAKE AN EXCEPTION FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE CONTRACT; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO INCREASE CERTAIN OF THE PENALTIES, AUTHORIZE PERFORMANCE OF PUBLIC SERVICE AS A PENALTY, PROVIDE FOR SUSPENSION OF THE DRIVING PRIVILEGE AND ALL LICENSE PLATES AND REGISTRATION CERTIFICATES ISSUED IN A PERSON'S NAME FOR SECOND, THIRD, AND SUBSEQUENT OFFENSE VIOLATIONS OF THE PROVISIONS OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THE CONVICTED PERSON'S PRIVILEGES MAY NOT BE REINSTATED UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS CERTAIN OTHER THINGS; TO PROVIDE THAT AFTER SEPTEMBER 30, 1992, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT IF THE DESIGNATED CARRIER FAILS TWO CLAIMS AUDITS, INCLUDING A RE-AUDIT, WITHIN THE CONTRACT TERM, THE DESIGNATED CARRIER IS DISQUALIFIED FOR RENEWAL OF ITS CONTRACT UPON EXPIRATION OF ITS EXISTING CONTRACT, AND PROVIDE THAT NO DESIGNATED PRODUCERS MAY RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY CEDED TO THE JOINT UNDERWRITING ASSOCIATION AND THAT AGENTS OR PRODUCERS OTHER THAN DESIGNATED PRODUCERS MAY NOT RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY WRITTEN DIRECTLY BY THE ASSOCIATION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE FORM AND THE EFFECT OF FAILURE TO RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE FOR THE DEPOSIT OF ANY FINE COLLECTED FOR A VIOLATION OF SECTION 56-10-270 AS A RESULT OF THESE TWO NEW SECTIONS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; AND TO PROVIDE FOR THE SEVERABILITY AND THE CONSTITUTIONALITY OF THIS ACT AND FOR CERTAIN OBLIGATIONS AND SUBROGATION OF PERSONAL PROTECTION INSURERS UNDER CERTAIN CIRCUMSTANCES INVOLVING THE UNCONSTITUTIONALITY OR INVALIDITY OF SECTION 38-78-110.
Debate was resumed on Amendment No. 1 by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN continued speaking.
Rep. JENNINGS moved to adjourn debate upon the Bill.
Rep. L. MARTIN moved to table the motion.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Brown, H. Bruce Byrd Cato Chamblee Council Farr Hallman Harrison Hendricks Hyatt Keegan Kirsh Littlejohn Manly Marchbanks Martin, L. Meacham Quinn Rama Riser Shissias Smith Snow Stone Vaughn Wells Wofford Wright
Those who voted in the negative are:
Anderson Baxley Beatty Brown, G. Burch, K. Carnell Delleney Felder Foster Gentry Glover Gonzales Harrelson Harris, P. Harwell Hodges Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. McAbee McCraw McElveen McLeod McTeer Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Townsend Tucker Waites Whipper Wilkes Williams, D. Williams, J.
So, the House refused to table the motion.
Rep. McLEOD moved to table the Bill.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Brown, G. Brown, J. Burch, K. Byrd Carnell Cromer Delleney Foster Gentry Glover Harrelson Hodges Inabinett Jennings Martin, D. Martin, M. McAbee McElveen McLeod Neilson Nettles Rudnick Scott Shirley Taylor Waites Whipper Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Brown, H. Bruce Cato Chamblee Council Fair Farr Fulmer Gonzales Hallman Harris, P. Harrison Harwell Hendricks Hyatt Keegan Kempe Kennedy Keyserling Kinon Kirsh Littlejohn Manly Marchbanks Martin, L. McCraw McGinnis McTeer Meacham Phillips Quinn Rama Riser Rogers Ross Sheheen Shissias Smith Snow Stone Townsend Tucker Vaughn Wells Wilkins Wofford Wright Young, A.
So, the House refused to table the Bill.
The question then recurred to the motion to adjourn debate, which was agreed to.
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 #: 4521 General Subject Matter: Auto Insurance
Section #: . Subject Matter: Table Bill.
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).
Rep. DANIEL T. COOPER
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 #: 4521 General Subject Matter: Auto Insurance
Amendment #: 1. Subject Matter: Auto Insurance.
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).
Rep. DANIEL T. COOPER
In accordance with Sec. 8-13-700 (B) of the S. C. Code, I abstained from voting on H. 4521 because of a potential conflict of interest, and which to have my recusal noted for the record in the House Journal of this date. Within this legislation are certain provisions, which may conflict my interest or the interests of my clients in my law practice, which does occasionally involve representation in personal injury matters.
Rep. TERRY E. HASKINS
The following Bill was taken up.
S. 379 -- Senator Mullinax: A BILL TO AMEND SECTIONS 40-79-10, 40-79-30 AND 40-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986" SO AS TO INCLUDE FIRE ALARM SYSTEM BUSINESSES WITHIN THE REGULATION AND LICENSURE PROVISIONS OF THE ACT.
The Labor, Commerce and Industry Committee proposes the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9899.JM), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-79-10 of the 1976 Code is amended to read:
"Section 40-79-10. This chapter is known and may be cited as the 'South Carolina Regulation of Burglar and Fire Alarm System Businesses Act of 1986'."
SECTION 2. Section 40-79-30 of the 1976 Code, as last amended by Act 175 of 1987, is further amended to read:
"Section 40-79-30. (A) As used in this chapter, 'burglar alarm system business' means any person, firm, association, partnership, or corporation which installs, services, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, or fire alarms television cameras, or still cameras used to detect burglary, breaking or entering, or intrusion, shoplifting, pilferage, or theft for a fee or other valuable consideration. (B) The term 'alarm system business' does not include:
(1) law enforcement officers, fire department personnel, or individuals who may respond to an alarm by happenstance such as neighbors or passerby passers-by;. The term does not include
(2) a business or individual which or who merely sells or manufactures alarm systems unless the business services, installs, or responds to alarm systems at the protected premises;. The term does not include
(3) a person, firm, association, partnership, or corporation which merely owns and installs an alarm system on property owned or leased by itself;. The term "burglar alarm system business" does not include
(4) any 'telephone utility' regulated under the provisions of Chapter 9 of Title 58 of the 1976 Code or FCC regulated carriers;. The regulation of alarm system businesses does not include
(5) installation, or servicing, or responding to fire alarm systems or of any alarm device which is installed in a motor vehicle, aircraft, or boat;.
(6) a business or individual who merely sells, installs, or services battery-powered smoke detectors;
(7) an electrical contractor, licensed under Chapter 11 of Title 40.
(C) No county or municipality is prevented from requiring within its jurisdiction the registration of the alarm system businesses' names or the filing of copies of board licensure or from adopting an ordinance to require users of alarm systems to obtain permits when usage involves automatic signal transmission to a law enforcement agency or fire department."
SECTION 3. Section 40-79-50(D) of the 1976 Code, as last amended by Act 175 of 1987, is further amended to read:
"(D) Upon receipt of an application, the board shall cause a background investigation to be made during which the applicant is required to show that he meets all of the following requirements and qualifications which are prerequisite to obtaining a license:
(1) that he is at least eighteen years of age;
(2) that the applicant has no: conviction of any crime involving the illegal use, carrying, or possession of a firearm; conviction of any crime involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage, except that the offense of driving a motor vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 56-5-2930, must not be considered; conviction of a crime involving felonious assault or an act of violence; conviction of a crime involving unlawful breaking or entering, burglary, arson, or larceny; any offense involving moral turpitude; or a history of addiction to alcohol or a narcotic drug. 'Conviction' means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury; and
(3) that he has the necessary qualifications as the board determines by regulation for the issuance of all licenses."
SECTION 4. Section 40-79-140 of the 1976 Code, as last amended by Act 175 of 1987, is further amended to read:
"Section 40-79-140. (A) The board shall provide by regulation for an alarm system business license that permits the holder to participate in both the burglar and fire alarm system business. Applicants for an alarm system business the license shall comply with one of the following requirements: successfully shall pass an oral or written examination considered by the board to measure an applicant's knowledge and competence in the burglar and fire alarm system business or establish to the board's satisfaction three years' experience, within the immediately preceding five years, in alarm systems installation and service businesses. Applicants shall provide the board with evidence of satisfactory completion of the National Institute For Certification In Engineering Technologies (NICET) Level III Fire Alarm Systems Engineering Technician's Competency Test. All fees associated with the NICET exam are the responsibility of the applicant. (B) Applicants licensed by the board prior to July 1, 1992, by establishing to the board's satisfaction three years' experience within the immediately preceding five years in alarm system installation and service shall not be required to pass an examination as a condition of license renewal.
(C) The board by regulation may establish those other requirements for licensure as it considers necessary."
SECTION 5. The 1976 Code is amended by adding:
"Section 40-79-145. Persons or businesses licensed by the board under the provisions of this chapter shall on the effective date of this section also be authorized to participate in the fire alarm business without passing an additional examination or paying an additional fee."
SECTION 6. Section 40-11-240 of the 1976 Code is amended to read:
"Section 40-11-240. The board may revoke the bidder's or contractor's license of any general or mechanical contractor licensed hereunder who is found guilty of any fraud or deceit in obtaining a license, or of gross negligence, incompetence, or misconduct in the practice of his profession. The board may also revoke a contractor's license for substandard work, gross negligence, or incompetence with respect to the installation of fire or burglar alarm systems. Any person may prefer charges of such fraud, deceit, negligence, or misconduct against any general or mechanical contractor licensed hereunder. Such charges shall be in writing and sworn to by the complainant and submitted to the secretary of the board."
SECTION 7. Section 40-11-20 of the 1976 Code is amended to read:
"Section 40-11-20. There is a State Licensing Board for Contractors, consisting of seven members, who must be appointed by the Governor. One member of the board shall have as the larger part of his business the construction of highways, one member shall have as the larger part of his business the construction of public utilities, one member shall have as the larger part of his business the construction of buildings, one member shall have as the larger part of his business the performance of heating, plumbing, or air-conditioning work, one member shall have as the larger part of his business the performance of electrical work, or installation of, servicing of, or responding to of burglar or fire alarm systems, or both, and two consumer members must be appointed from the public at large. The members of the first board having been appointed for one, two, three, four, and five years, respectively, their terms of office expiring on the thirty-first day of December in each year, the Governor shall appoint a member to fill the vacancy caused by the expiration of the term of office of a member for the term of five years. Each member shall hold over after the expiration of the term until his successor is duly appointed and qualifies. If vacancies occur in the board for any cause, they must be filled by the appointment of the Governor. The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty."
SECTION 8. Section 40-11-70 of the 1976 Code, as last amended by Act 396 of 1988, is further amended to read:
"Section 40-11-70. The board shall meet quarterly each year, once in April, January, July, and October for the purpose of transacting the business as may properly come before it. At the January meeting in each year the board shall elect officers. Special meetings may be held at such times as the board may provide in its bylaws. Notice of each meeting and the time and place of it must be given to each member in the manner the bylaws provide. Four Five members of the board shall constitute a quorum."
SECTION 9. Section 40-11-260 of the 1976 Code, as last amended by Act 61 of 1989, is further amended to read:
"Section 40-11-260. The board may reissue a license to any person whose license has been revoked if four five or more members of the board vote in favor of such reissuance for reasons the board may deem sufficient."
SECTION 10. This act takes effect January 1, 1993./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Reps. KIRSH and FOSTER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12390.DW), which was adopted.
Amend the report by the Committee on Labor, Commerce and Industry, as and if amended, by striking SECTION 7, page 379-4, lines 42 through 44, and page 379-5, lines 1 through 29, and inserting:
/SECTION 7. Section 40-11-20 of the 1976 Code is amended to read:
"Section 40-11-20. There is a State Licensing Board for Contractors, consisting of seven eight members, who must be appointed by the Governor. One member of the board shall have as the larger part of his business the construction of highways, one member shall have as the larger part of his business the construction of public utilities, one member shall have as the larger part of his business the construction of buildings, one member shall have as the larger part of his business the performance of heating, plumbing, or air-conditioning work, one member shall have as the larger part of his business the performance of electrical work, and one member shall have as the larger part of his business the installation, servicing, or responding to of burglar or fire alarm systems, or both, and two consumer members must be appointed from the public at large. The members of the first board having been appointed for one, two, three, four, and five years, respectively, their terms of office expiring on the thirty-first day of December in each year, the Governor shall appoint a member to fill the vacancy caused by the expiration of the term of office of a member shall hold over after the expiration of the term until his successor is duly appointed and qualifies. If vacancies occur in the board for any cause, they must be filled by the appointment of the Governor. The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. SMITH objected to the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 4794 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1388, RELATING TO TAXATION GENERALLY AND FEES IN LIEU OF TAXES, FOR SECOND READING OR OTHER CONSIDERATION FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON TUESDAY, APRIL 28, 1992, AND TO PROVIDE, FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1388 UNTIL THIRD READING OR OTHER DISPOSITION; TO SET BY SPECIAL ORDER S. 1484, RELATING TO ECONOMIC DEVELOPMENT, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 1388 AND TO PROVIDE, FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1484 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4379, RELATING TO THE ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE MOTION PERIOD ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4379 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1388, relating to taxation generally and fees in lieu of taxes, is set by special order for second reading or other consideration following the call of the uncontested calendar on Tuesday, April 28, 1992, and to provide, following the call of the second reading uncontested calendar on each legislative day, for the continuing special order consideration of S. 1388 until third reading or other disposition.
Be it further resolved that S. 1484, relating to economic development, is set by special order for second reading or other consideration immediately following second reading or other disposition of S. 1388 and to provide, following the call of the second reading uncontested calendar on each legislative day, for the continuing special order consideration of S. 1484 until third reading or other disposition.
Be it further resolved that H. 4379, relating to the Energy Conservation and Efficiency Act of 1992, is set for second reading or other consideration immediately following the motion period on each legislative day, for the continuing special order consideration of H. 4379 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. KIRSH move to divide the question.
Rep. McTEER moved to table the motion, which was agreed to.
The Resolution was then adopted.
The motion of Rep. KIRSH to reconsider the vote whereby debate was adjourned on the following Bill until Wednesday, April 29, was taken up and agreed to.
S. 452 -- Senator Waddell: A BILL 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, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, 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, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, 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 A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, 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, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6454.HC), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Items (C) and (E) of Section 41-43-20 of the 1976 Code are amended to read:
"(C) 'Administrative funds' means all monies received by the authority from the general fund of the State or from the exercise of the power of taxation by the State or any of its political subdivisions which are designated specifically to be used for the payment of administrative expenses, and the earnings on the funds.
(E) 'Program funds' means any monies including, but not limited to, the proceeds from bond sales, the sale or disposition of any assets, or any other source available to the authority, other than administrative funds and the earnings on the funds."
SECTION 2. Section 41-43-50 of the 1976 Code is amended by adding at the end:
"The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years. Nothing contained in this chapter may be construed to imply that the authority may not receive state general appropriation funds or state general obligation bond proceeds."
SECTION 3. (1) That portion of Section 41-43-90 of the 1976 Code which precedes item (A) is amended to read:
"The authority has the rights and powers of is a public body, politic and corporate and body corporate of this State, including without limitation all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action it considers advisable, necessary, or convenient in carrying out its powers, including but not limited to, the following rights and powers and an agency of the State and may:"
(2) Items (E), (I), (J), (N), and (O) of Section 41-43-90 of the 1976 Code are amended to read:
"(E) Acquire by purchase, donation, exchange, or otherwise, hold, improve, mortgage, pledge or otherwise encumber, manage, lease, convey, transfer, or dispose of any real or personal property, whether tangible or intangible, together with such rights and privileges as may be incidental and appurtenant thereto. To the extent that administrative funds are involved, the authority must comply with the provisions of the South Carolina Consolidated Procurement Code. To the extent that the liability of the authority is limited to program funds, any such acquisition or disposition may be pursuant to public or private sale upon such terms and conditions as the authority may approve in accordance with prudent business practices.
Notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procedures and regulations as approved by the State Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. In exercising the powers authorized in this chapter the authority is exempt from the provisions of Chapter 35 of Title 11. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions.
(I) Program funds shall be deposited and invested in accordance with Sections 6-5-10, 11-9-660 and 11-9-661, Code of Laws of South Carolina, 1976, and any other investment which may be lawful for public funds and funds may be withdrawn by the authority in implementing the provisions of this act.
Reserved.
(J) Make commitments, guarantees, grants, or loans utilizing any of its program funds to or on behalf of persons, partnerships, firms, corporations, agencies, or entities, whether public or private, in accordance with the provisions of this act chapter and under terms as are not inconsistent with any existing obligation, including any obligation imposed as a condition of the receipt of any such program funds.
(N) Appoint officers, agents, employees, and consultants, prescribe their duties, and fix their compensation.
Employ and dismiss, at the will and pleasure of the authority, officers, agents, employees, consultants, and other providers of services as the authority considers necessary and appropriate and to fix and to pay their compensation. Employees of the authority or an entity established pursuant to Section 41-43-240 are not considered state employees except for eligibility for participation in the South Carolina Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The provisions of Article 5, Chapter 17 of Title 8, and Chapter 35 of Title 11 do not apply to the authority. The authority is responsible for complying with other state and federal laws covering employers. The authority may contract with the Division of Human Resource Management of the State Budget and Control Board to establish a comprehensive human resource management program.
(O) Impose reasonable fees and charges for rendering services which, unless otherwise provided for under proceedings authorizing any of its bonds, may be used by it for any of its authorized purposes.
Fix, alter, charge, and collect reasonable tolls, fees, rents, charges, and assessments for the use of the facilities of, or for the services rendered by, the authority the rates to be at least sufficient to provide for payment of all expenses of the authority."
SECTION 4. Section 41-43-100 of the 1976 Code is amended to read:
"Section 41-43-100. In addition to other powers vested in the authority by existing laws, the authority shall have has all powers granted the several counties and incorporated municipalities of this State pursuant to the provisions of Title 4, Chapter 29 of Title 4, Code of Laws of South Carolina, 1976, including the issuance of bonds by the authority and the refunding of bonds issued under that chapter. The authority may issue bonds upon receipt of a certified resolution by the county or incorporated municipality in which the project, as defined in Title 4, Chapter 29 of Title 4, of the 1976 Code is or will be located, containing the findings set forth in Section 4-29-60 of the 1976 Code and evidence of a public hearing held not less than fifteen days after publication of notice in a newspaper of general circulation in the county in which the project is or will be located. The authority may combine for the purposes of a single offering bonds to finance more than one project but no more than one million dollars of the proceeds of any such composite bonds issued by the authority must be used to finance projects for any principal user or related person within a single political subdivision. Nothing must prevent any person or entity from applying for subsequent loans authorized under this section to the extent that retirement of outstanding indebtedness permits. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board under Section 11-9-350 of the 1976 Code."
SECTION 5. Section 41-43-110(A) of the 1976 Code is amended to read:
"(A) The authority is authorized to may issue bonds to provide funds for any program authorized by this act chapter. The bonds authorized by this act chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority. The bonds issued do not constitute an indebtedness of the State or the authority within the meaning of any state constitutional provision or statutory limitation. They are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the State or the authority or a charge against the general credit of the authority or the State or taxing powers of the State and this fact must be plainly stated on the face of each bond. The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in coupon or registered form, may be payable in such installments and at such time, may be subject to terms of redemption, may be payable at such place, may bear interest at such rate payable at such place and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which are provided in the resolution of the authority authorizing the bonds. Subject to Budget and Control Board approval, any bonds issued under this section may be sold at public or private sale as may be determined to be most advantageous. The bonds may be sold at public or private sale and if by private sale the authority shall designate the syndicate manager or managers. The authority may pay all expenses, premiums, insurance premiums, and commissions which it considers necessary from proceeds of the bonds or program funds in connection with the sale of bonds. The interest rate of bonds issued pursuant to this section is not subject to approval by the State Budget and Control Board under Section 11-9-350 of the 1976 Code."
SECTION 6. The first paragraph of Section 41-43-160 of the 1976 Code is amended to read:
"The authority is authorized to may utilize any of its program funds to establish loan programs pursuant to this section for the purpose of reducing the cost of capital to business enterprises which meet the eligibility requirements of Section 41-43-150. Proceeds of loans under this section are utilized: (i) to acquire, by construction or purchase, land and buildings or other improvements thereon, machinery, equipment, office furnishings or other depreciable assets, or for research and design costs, legal and accounting fees, or other expenses in connection with the acquisition or construction thereof; or (ii) for the research, testing, and developing of new products, machinery, equipment, and industrial or commercial processes, and the initial marketing thereof. If a business is located in a distressed area as defined in Section 41-43-180 or if the business enterprise proposes to use the proceeds to finance the sale of exports as authorized under Section 41-43-190, loan Loan proceeds also may be used to finance working capital. The authority shall require as a condition of each loan made pursuant to this section that the loan must be serviced by a loan administrator which meets criteria established by the authority."
SECTION 7. Section 41-43-210 of the 1976 Code is amended to read:
"Section 41-43-210. If the General Assembly appropriates administrative funds, these funds must be deposited in a bank designated by the State Treasurer and paid out only upon the signature of the chairman of the board of directors of the authority, or a designee of the board, upon written warrants of the Comptroller General drawn on the State Treasurer to the payee designated in the requisition. Administrative funds are held in accounts separate from program funds. The authority must maintain separate records and books of account for any administrative funds and program funds. Administrative funds received by the authority are placed in an account separate from all other accounts of the authority and must be used to pay the costs of the authority for employees, office space and facilities, office equipment and machinery, and all ordinary and necessary expenses of operation, including administrative expenses. Administrative funds cannot be used to fund any programs of the authority.
All other monies received by the authority must be used and deposited as program funds. Program funds may be used
by the authority for the accomplishment of any of its purposes including but not limited to loans, guaranties, and the like and may further be used to pay any administrative costs for which administrative funds could be used. The payment of any administrative costs from program funds shall not entitle the authority to reimbursement therefor from any administrative funds. No administrative funds may be used, commingled with, or paid into the program funds.
All funds of the authority must be segregated or otherwise accounted for as administrative or program funds and deposited by the authority in a financial institution or institutions to be designated by the State Treasurer in accordance with policies established by the board of the authority. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board of the authority. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter."
SECTION 8. Section 41-43-220 of the 1976 Code is amended to read:
"Section 41-43-220. The authority must not incur any obligations, other than obligations related to administrative expenses, payable out of administrative funds. All other obligations are payable solely from program funds which limitation is clearly stated on the face of any bonds and in the text of any other obligation or contract. However, program funds may be used to pay administrative expenses."
SECTION 9. Section 41-43-230 of the 1976 Code is amended to read:
"Section 41-43-230. The authority may dispose of any property acquired by it otherwise than with administrative funds on such terms and conditions considered appropriate. The authority is not required to advertise property or take bids thereon. In evaluating the consideration it receives for any property or the use thereof, the authority must consider nonpecuniary benefits and benefits to the citizens of the State."
SECTION 10. The first paragraph of Section 41-43-240 of the 1976 Code is amended to read:
"The authority is authorized to establish profit or not-for-profit corporations as the authority it considers necessary to carry out the purposes of this act chapter. Officials or employees of the authority may act as officials or employees without additional compensation of a corporation created pursuant to this section. A corporation established pursuant to this section is considered a 'public procurement unit' for purposes of Article 19, Chapter 35 of Title 11."
SECTION 11. Section 41-43-280 of the 1976 Code is amended to read:
"Section 41-43-280. Neither this chapter nor anything herein contained in this chapter is construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this State, but is construed as cumulative.
Notwithstanding any provision of law or regulation to the contrary, the authority shall continue to be an 'agency' for purposes of Chapter 78 of Title 15, but the authority is not considered an 'agency' or 'state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60."
SECTION 12. If a term or provision of a section of this act is found to be illegal or unenforceable, the remainder of this act nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this act.
SECTION 13. This act takes effect July 1, 1992./
Amend title to read:
/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, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, 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, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, 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 A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, 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, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT./
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ROGERS moved to adjourn debate upon the following Bill until Wednesday, April 29, which was adopted.
S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1204 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Rep. CHAMBLEE explained the Bill.
S. 1389 -- Senators Mullinax, Nell W. Smith and Macaulay: A BILL TO AMEND SECTION 51-13-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SPECIAL PURPOSE DISTRICT, SO AS TO RENAME THE DISTRICT AND PROVIDE THAT IT SHALL BE KNOWN AS THE "PENDLETON DISTRICT HISTORICAL, RECREATIONAL, AND TOURISM COMMISSION"; AND TO AMEND SECTION 51-13-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SO AS TO PROVIDE THAT THE COMMISSION IS EMPOWERED TO SUE AND BE SUED, ADOPT AND USE A CORPORATE SEAL, CHARGE ADMISSION FEES, AND PRESCRIBE RULES AND REGULATIONS WITH RESPECT TO ITS FACILITIES, PURPOSES, AND AFFAIRS, TO EMPLOY PERSONNEL, ACQUIRE PROPERTY, RECEIVE GRANTS, AND TO CONDUCT ACTIVITIES TO PROMOTE TOURISM.
S. 1440 -- Senator Holland: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
The following Joint Resolution was taken up.
S. 1445 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NPDES PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1423, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RAMA explained the Joint Resolution.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Joint Resolution, Rep. RAMA having the floor.
The following Bill was taken up.
S. 1388 -- Senator Land: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS OF THE ANNUAL AUDIT OF THE OFFICES OF COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE APPLICABLE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1992; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO MANDATED POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR DISCLOSURE OF NET TAXABLE SALES TO AUTHORITIES OF A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-4-730, RELATING TO DECLARATION AND CERTIFICATION OF EXEMPTIONS AND VOIDING OF TAX NOTICES BY AUDITORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE INCOME TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTION 12-7-640, RELATING TO NET INCOME OF PUBLIC SERVICES CORPORATIONS, SO AS TO PROVIDE FOR THE APPORTIONMENT OF INCOME DERIVED FROM THE OPERATION OF A SHIPPING LINE; TO AMEND SECTIONS 12-7-1510, 12-7-1640, AS AMENDED, 12-19-20, AS AMENDED, 12-19-150, 33-31-50, AND 33-35-50, RELATING TO PERSONS REQUIRED TO FILE TAX RETURNS, SO AS TO ELIMINATE THE FILING REQUIREMENTS OF EXEMPT ORGANIZATIONS EXCEPT WHERE TAX ON UNRELATED BUSINESS INCOME IS DUE; TO REPEAL SECTION 33-35-150, RELATING TO ANNUAL REPORTS OF CERTAIN NONPROFIT CORPORATIONS; TO AMEND SECTION 12-7-1675, AS AMENDED, RELATING TO FAILURE TO FILE TAX RETURNS, SO AS TO ALLOW THE COMMISSION TO ISSUE ASSESSMENTS AGAINST CORPORATIONS THAT HAVE BEEN ADMINISTRATIVELY DISSOLVED YET CONTINUE TO FILE RETURNS; TO AMEND SECTIONS 12-7-1680, 12-9-670, AND 12-54-240, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CHANGE THE RECORDS RETENTION SCHEDULES TO SIX YEARS; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, RELATING TO TAX CHECK-OFFS FOR WILDLIFE AND THE CHILDREN'S TRUST FUND RESPECTIVELY, SO AS TO RESTRICT SUCH CHECK-OFFS TO INDIVIDUAL INCOME TAX RETURNS ONLY; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO FURTHER PROVIDE FOR EXEMPTIONS FROM THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-9-420, RELATING TO THE LIABILITY OF A WITHHOLDING AGENT FOR FAILING TO WITHHOLD OR PAY THE TAX DUE, SO AS TO DEFINE WITHHOLDING AGENT; TO AMEND SECTION 12-16-20, RELATING TO THE ESTATE TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-2575 SO AS TO ALLOW FOR OTHER METHODS OF ACCOUNTING FOR ADMISSIONS OTHER THAN TICKETS; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO EXEMPT FROM THE COIN OPERATED DEVICE LICENSES AND TAXES CERTAIN MACHINES SUBJECT TO THE ADMISSIONS TAX; TO AMEND SECTION 12-31-420, RELATING TO CALCULATING THE AMOUNT OF FUEL USED BY A MOTOR CARRIER, SO AS TO REVISE THE METHOD OF CALCULATING AMOUNTS OF FUEL USED; TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, AS AMENDED, 12-36-2560, AND 12-36-2650, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE TAX COMMISSION IS NOT REQUIRED TO USE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S RECOMMENDATIONS WHEN VALUATING POLLUTION CONTROL PROPERTY, TO REQUIRE CERTAIN NOTIFICATION TO THE TAX COMMISSION RATHER THAN THE COUNTY AUDITOR, TO DEFINE NONPROFIT HOUSING CORPORATIONS AND ENSURE THAT PROPERTY IS USED EXCLUSIVELY FOR THE ELDERLY AND HANDICAPPED, AND TO EXEMPT ALL INVENTORY FROM THE TAX EFFECTIVE AS OF A SPECIFIED DATE; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO ISSUANCE OF TAX NOTICES FOR VEHICLES, SO AS TO INFORM TAXPAYERS OF THEIR APPEAL RIGHTS WHEN THEIR PERSONAL PROPERTY IS ASSESSED BY THE COUNTY AUDITOR IN ACCORDANCE WITH TAX COMMISSION REGULATIONS; TO AMEND SECTION 12-39-180, RELATING TO PROPERTY TAX, SO AS TO PROVIDE FOR A UNIFORM MINIMAL ASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION SHALL ASSESS THE PROPERTY OF MERCHANTS AND RELATED BUSINESSES; TO AMEND SECTION 12-47-70, AS AMENDED, RELATING TO THE ABATEMENT OR REFUND OF INCURRED PROPERTY TAXES, SO AS TO PROVIDE A REFUND PERIOD OF THREE YEARS FROM THE DATE THE TAXES COULD HAVE BEEN PAID WITHOUT A LATE PAYMENT PENALTY; TO AMEND SECTION 12-54-80, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO REVISE THE MANNER IN WHICH THE SIX-YEAR STATUTE OF LIMITATIONS FOR UNDERREPORTED TAXES MAY BE ADMINISTERED; TO AMEND SECTION 12-54-225, RELATING TO THE AUTHORITY OF THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX INFORMATION, SO AS TO MAKE IT POSSIBLE FOR THE COMMISSION TO COMPLY WITH THE LAW IF INFORMATION EXCHANGED WITH OTHER STATES IS MISUSED; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE TAX COMMISSION BY EMPLOYEES AND AGENTS OF THE COMMISSION AND STATE AUDITOR'S OFFICE PROHIBITED, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL EXCEPTIONS; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO PARTICIPATE; TO AMEND SECTION 27-18-20, RELATING TO CHECKS OR DRAFTS MAILED TO AN OWNER AND RETURNED UNDELIVERABLE OR NOT PRESENTED FOR PAYMENT, SO AS TO DEFINE UNCLAIMED PROPERTY FOR PURPOSES OF THE SECTION; TO REPEAL SECTION 11-5-110, RELATING TO THE WRITING-OFF OF UNPAID CHECKS BY THE STATE TREASURER; TO AMEND SECTION 33-15-300, RELATING TO EQUAL TREATMENT FOR FOREIGN AND DOMESTIC CORPORATIONS FOR ADMINISTRATIVE CLOSINGS, SO AS TO INCLUDE FAILURE TO PAY INCOME TAXES AS A REASON FOR A CORPORATION TO BE DISSOLVED; TO AMEND SECTION 40-60-30, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROHIBIT STATE REGISTERED REAL ESTATE AGENTS FROM PERFORMING APPRAISALS FOR AD VALOREM TAX OR ESTATE TAX APPRAISALS; TO AMEND SECTION 40-60-50, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO PROVIDE THAT ONE MEMBER MUST BE AN EMPLOYEE OF A STATE AGENCY EMPLOYING PERSONS REQUIRED TO BE LICENSED OR CERTIFIED PURSUANT TO CHAPTER 60 OF TITLE 40; TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN BINGO REVENUE MUST BE DISTRIBUTED; AND TO PROVIDE THAT FOR THE CALENDAR YEAR OF 1992, PERSONNEL FROM THE ASSESSOR'S OFFICE AND THE PROPERTY DIVISION WILL NOT BE REQUIRED TO ATTEND PRESCRIBED COURSES THE CALENDAR YEAR OF 1992 IF THEY HAVE TAKEN AT LEAST TWO REQUIRED COURSES DURING THE 1991 CALENDAR YEAR.
Rep. KIRSH explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 1484 -- Senators J. Verne Smith, Leatherman, Stilwell, Mitchell, Drummond, Macaulay, McConnell, Peeler, Thomas, Russell, Reese and Courtney: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1992-93 ONLY, THE FIRST TWENTY MILLION DOLLARS RATHER THAN THE FIRST TEN MILLION DOLLARS IN SHIMS TAX REVENUES MUST BE CREDITED TO THE ECONOMIC DEVELOPMENT ACCOUNT AND USED FOR A SPECIAL ECONOMIC DEVELOPMENT PROJECT AND TO PROVIDE THAT, IF THE ADDITIONAL REVENUES ARE NOT NEEDED FOR THE PROJECT, THE TEN MILLION DOLLARS REVERT TO THE SHIMS FUND.
Rep. KIRSH explained the Joint Resolution.
The Resolution was read the second time and ordered to third reading.
Reps. VAUGHN, BAXLEY, CATO and HASKINS withdrew their objections to H. 4571 however, other objections remained upon the Bill.
Reps. FULMER and HALLMAN withdrew their objections to the following Bill whereupon an objection was raised by Rep. BAXLEY.
Reps. CLYBORNE and D. ELLIOTT withdrew their objections to the following Bill.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
The motion of Rep. RAMA to reconsider the vote whereby the following Bill was rejected was taken up.
H. 4392 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-7-305 SO AS TO AUTHORIZE CERTAIN ADVERTISING MATERIALS ORIGINATING FROM A REGISTERED PRODUCER OF ALCOHOLIC LIQUORS.
Rep. KOON moved to table the motion to reconsider.
Rep. RAMA demanded the yeas and nays, which were not ordered.
The motion to reconsider was tabled by a division vote of 38 to 30.
On motion of Rep. BENNETT, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1493 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL HEALTH FEES TO TEST MILK, MILK PRODUCTS, AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1422, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. WELLS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
H. 4146 -- Reps. Wells, McGinnis, Wright, Riser, Canty, Littlejohn, Beatty and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-287 SO AS TO PROHIBIT AN INSURER, INCLUDING ANY AGENT OR ADJUSTER FOR SUCH INSURER, WHICH ISSUES OR RENEWS IN THIS STATE ANY POLICY OF INSURANCE COVERING, IN WHOLE OR IN PART, ONE OR MORE MOTOR VEHICLES FROM REQUIRING ANY INSURED UNDER THE POLICY TO USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF MOTOR VEHICLE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED IN WHOLE OR IN PART BY THE POLICY, TO PROVIDE FOR CERTAIN PROCEDURES WHICH MAY BE FOLLOWED AND FOR CERTAIN OTHER PROHIBITED ACTS, TO REQUIRE THE STATE INSURANCE COMMISSION, THROUGH THE DEPARTMENT OF INSURANCE, TO ADMINISTER AND ENFORCE THIS SECTION AND PROMULGATE REGULATIONS, TO PROVIDE FOR A CRIMINAL FINE, AND TO PROVIDE A PROCEDURE FOR THE IMPOSITION OF AN ADMINISTRATIVE FINE BY THE DEPARTMENT OF CONSUMER AFFAIRS UNDER CERTAIN CONDITIONS OR REVOCATION OF BUSINESS LICENSE, OR BOTH.
Rep. QUINN asked unanimous consent to recall H. 4765 from the Committee on Education and Public Works.
Rep. BAXLEY objected.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4650 -- Reps. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.
Rep. MANLY asked unanimous consent to recall H. 4704 from the Committee on Ways and Means.
Rep. BOAN objected.
On motion of Rep. WILKES, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4610 -- Rep. Stoddard: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT ONE PLATE MAY BE ISSUED TO A DEALER OR WHOLESALER REGARDLESS OF WHETHER OR NOT HE HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN SALES OF MOTOR VEHICLES WITHIN THE TWELVE-MONTH PERIOD PRECEDING HIS APPLICATION.
Rep. BAKER asked unanimous consent to withdraw his objection to H. 4571.
Rep. ROGERS objected.
On motion of Rep. CHAMBLEE, with unanimous consent, the following Bill was ordered recalled from the Senate.
S. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
The Senate amendments to the following Bill, were taken up for consideration.
H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19175.SD), which was adopted.
Amend the bill, as and if amended, in Section 33-6-210(f) of the 1976 Code, as contained in SECTION 2, by striking /reporting/ on line 1 of page 2 and inserting /registration/.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill, were taken up for consideration.
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3874.HC), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED-DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.
Rep. BENNETT explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Debate was resumed on the following Joint Resolution, the pending question being the passage of the Joint Resolution, Rep. SCOTT having been recognized.
H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.
Rep. SCOTT spoke against the Joint Resolution.
Rep. HARRELSON spoke upon the Joint Resolution.
Rep. KEMPE spoke against the Joint Resolution.
Rep. SCOTT spoke against the Joint Resolution and moved to adjourn debate upon the Joint Resolution.
Rep. WILKINS moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Baker Barber Beasley Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Huff Hyatt Keegan Kempe Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. McGinnis McKay Meacham Quinn Rama Riser Rogers Shissias Smith Snow Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Delleney Elliott, D. Farr Foster Glover Harrelson Harvin Houck Inabinett Jennings Kennedy Keyserling Martin, D. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Whipper White Wilder Williams, D.
So, the motion to adjourn debate was tabled.
The SPEAKER granted Rep. WRIGHT a temporary leave of absence.
Rep. RUDNICK spoke against the Joint Resolution.
Rep. CARNELL moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baker Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Delleney Elliott, D. Farr Foster Harrelson Harris, P. Houck Jennings Kennedy Lanford Martin, M. McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Shirley Taylor Townsend White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Brown, H. Bruce Canty Cato Chamblee Clyborne Cooper Corbett Council Cromer Elliott, L. Fair Felder Fulmer Glover Gonzales Hallman Harris, J. Harrison Harwell Haskins Hendricks Hodges Hyatt Inabinett Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Sheheen Shissias Smith Stoddard Stone Sturkie Waites Waldrop Wells Whipper Wilder Wilkins Wofford Young, A. Young, R.
So, the House refused to adjourn.
Rep. RUDNICK continued speaking.
Rep. WHITE moved to continue the Joint Resolution and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Bennett Boan Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Delleney Elliott, D. Foster Glover Harrelson Harvin Inabinett Jennings Kennedy Keyserling Martin, M. McAbee McLeod McTeer Nettles Rudnick Scott Shirley Stoddard Taylor Whipper White Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Baxley Beasley Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Council Cromer Elliott, L. Fair Farr Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Keegan Kempe Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. McCraw McGinnis McKay Meacham Phillips Quinn Rama Rhoad Riser Rogers Ross Sheheen Shissias Smith Snow Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Young, A. Young, R.
So, the House refused to continue the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on third reading.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Brown, G. Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Council Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McCraw McGinnis McKay Meacham Phillips Quinn Rama Riser Rogers Ross Sheheen Shissias Smith Snow Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wofford Young, A. Young, R.
Those who voted in the negative are:
Anderson Beatty Bennett Boan Brown, J. Burch, K. Byrd Canty Carnell Cobb-Hunter Delleney Foster Glover Harrelson Harvin Inabinett Jennings Kennedy Martin, D. McAbee McTeer Nettles Rudnick Scott Shirley Stoddard Taylor Whipper White Williams, D.
So, the Joint Resolution was read the third time, and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4783 -- Rep. Harrelson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT THE AMENDMENT TO THE OLDER AMERICANS ACT WHICH RAISES THE EXEMPTION TO ONE THOUSAND DOLLARS FOR MONEY EARNED AND WHICH WOULD BENEFIT POLL MANAGERS IN THE UPCOMING ELECTIONS.
Whereas, Public Law 101-508 (Omnibus Reconciliation Act) amended the social security requirements to require that part-time employees such as poll managers would be required to come under the Social Security law and have deductions made from their income; and
Whereas, an amendment to the Older Americans Act has passed the United States House of Representatives and, pending consideration in the United States Senate, would raise the exemption to one thousand dollars benefiting these part-time employees; and
Whereas, the passage of this amendment would greatly aid part-time employees in the upcoming elections; and
Whereas, the members of the General Assembly express their desire to the South Carolina Congressional Delegation, especially Senators Hollings and Thurmond, that they vote for the passage of this amendment. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly memorialize the United States Congress to enact the amendment to the Older Americans Act which raises the exemption to one thousand dollars for money earned and which would benefit poll managers in the upcoming elections.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. QUINN moved to recall H. 4765 from the Education and Public Works Committee.
As a first substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period.
As a second substitute Rep. CROMER moved to recall H. 4765 from the Education and Public Works Committee.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Beatty Bennett Boan Brown, H. Brown, J. Bruce Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Delleney Elliott, D. Fair Foster Fulmer Gonzales Hallman Harrelson Harrison Harvin Haskins Hendricks Hodges Hyatt Inabinett Jaskwhich Keegan Kempe Keyserling Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McKay McTeer Meacham Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sheheen Shissias Smith Snow Stoddard Stone Taylor Tucker Vaughn Waldrop Wilder Wilkes Wilkins Williams, J. Wofford Young, A. Young, R.
Those who voted in the negative are:
Baxley Beasley Burch, K. Elliott, L. Harris, J. Harris, P. Harwell Houck Jennings Kennedy Kinon Shirley Townsend
So, H. 4765 was recalled.
Rep. ANDERSON moved to recall H. 4720 from the Ways and Means Committee.
As a first substitute Rep. WOFFORD moved to recall S. 868 from the Ways and Means Committee.
As a second substitute Rep. MCTEER moved to dispense with the balance of the Motion Period, which was agreed to.
The following Bill was taken up.
H. 4379 -- Reps. Keyserling, Barber, Hendricks, Rogers, Whipper, McLeod, McElveen, McTeer, Wilkes, Houck, J. Bailey, Foster, Holt, L. Elliott, D. Martin, Inabinett, Baxley, McKay, Kempe, Waites, Cromer, Manly, Bennett, McAbee, Boan, Jennings, Hodges, Glover, Farr, Cato, D. Williams, Harvin, Cooper, Fulmer, Sharpe, Corbett, Meacham, A. Young, Tucker, Wright, Wells, Rudnick, M. Martin, Hallman, Mattos, Neilson, M.O. Alexander, Sheheen, Byrd, Harrelson, Shirley, J. Brown, Keegan, Anderson, Waldrop, Scott, Gonzales, D. Elliott, Harrison, Shissias, Corning, Quinn, Cork, Altman, Snow, Sturkie, Hyatt, Phillips, Cobb-Hunter, Kinon and McGinnis: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
The Ways & Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2444.AC).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the South Carolina Energy Conservation and Efficiency Act of 1992.
SECTION 1. Title 48 of the 1976 Code is amended by adding:
Section 48-52-210. (A) It is the policy of this State to have a comprehensive state energy plan that maximizes environmental quality and energy conservation and efficiency, and minimizes the cost of energy throughout the State. To implement this policy there is adopted the Plan for State Energy Policy.
(B) The purpose of the plan is to:
(1) ensure access to energy supplies at the lowest practical environmental and economic cost;
(2) ensure long-term access to adequate, reliable energy supplies;
(3) ensure that demand-side options are pursued wherever economically and environmentally practical;
(4) encourage the development and use of indigenous, renewable energy resources;
(5) ensure that basic energy needs of all citizens, including low income citizens, are met;
(6) ensure that energy vulnerability to international events is minimized;
(7) ensure that energy-related decisions promote the economic and environmental well-being of the State and maximize the ability of South Carolina to attract retirees, tourists, and industrial and service-related jobs;
(8) ensure that short-term energy decisions do not conflict with long-range energy needs;
(9) ensure that internal governmental energy use patterns are consistent with the state's long-range interests;
(10) ensure that state government is organized appropriately to handle energy matters in the best public interest;
(11) ensure that governmental energy-related tax, expenditure, and regulatory policies are appropriate, and, wherever possible, maximize the long-range benefits of competition.
Section 48-52-410. There is established the State Energy Office within the Division of General Services of the State Budget and Control Board which shall serve as the principal energy planning entity for the State. Its primary purpose is to develop and implement a well-balanced energy strategy and to increase the efficiency of use of all energy sources throughout South Carolina through the implementation of the Plan for State Energy Policy. The State Energy Office must not function as a regulatory body.
Section 48-52-420. In carrying out the purposes of the Plan for State Energy Policy, the State Energy Office shall:
(1) provide, in cooperation and conjunction with the Governor's Office, informational and technical assistance programs to assist with residential, commercial, governmental, industrial, and transportation conservation and efficiency and to encourage the use of renewable indigenous energy resources;
(2) promote, in conjunction with the South Carolina Energy Research and Development Center and the Governor's Office, continued and expanded energy research and development programs geared toward the energy needs of the State;
(3) evaluate and certify energy conservation products with the South Carolina Energy Research and Development Center;
(4) in cooperation with the Governor's Office and other appropriate entities, examine and consider the desirability and feasibility of mechanisms for tax incentives, low-interest loans, and other financing means for cost-effective energy consideration and efficiency and use of renewable and indigenous energy resources, and advocate their implementation when deemed appropriate;
(5) work with the Public Service Commission and other groups to promote appropriate financial incentives for electric and gas utilities to maximize the use of cost-effective demand-side options in meeting future energy needs;
(6) promote the adoption and use of energy efficient building codes and certification procedures for builders, heating and cooling specialists, and building inspectors;
(7) promote energy efficiency in manufactured housing;
(8) promote the use of less-polluting transportation fuels, public transportation and other transportation alternatives, higher mileage and less-polluting vehicles, and work with state and local entities through policy development, planning, and advocacy to encourage reduction in the need for vehicle travel;
(9) ensure that state government agencies establish comprehensive energy efficiency plans and become models for energy efficiency in South Carolina, and assist the Department of Education in achieving energy efficiency in public schools;
(10) collect currently published and publicly available energy data and provide energy information clearinghouse functions in conjunction with the Governor's Office, and conduct long-range energy planning;
(11) assist the Governor's Office and the General Assembly in assessing the public economic and environmental interest on issues related to energy production, transportation, and use and provide information on the public interest in appropriate forums.
Section 48-52-430. The State Energy Office shall annually submit to the Governor and Joint Legislative Committee on Energy a state energy action plan that includes, but is not limited to:
(a) activities by the State Energy Office to carry out the Plan for State Energy Policy;
(b) recommendations for long-term quantitative and qualitative energy goals for the residential, commercial industrial, transportation, governmental and utility sectors, and measures of progress for these goals;
(c) identification of obstacles to efficiency for which legislative, regulatory, or other governmental remedies are appropriate.
Section 48-52-440. There is established the Energy Advisory Committee, whose members are appointed by the State Budget and Control Board, except as provided in item (14) of this section. Members shall serve at the pleasure of the State Budget and Control Board except that those appointed pursuant to item (14) shall serve for a term coterminous with that of their appointing authority. The committee is composed as follows:
(1) two representatives of investor-owned electricity and/or gas companies;
(2) two representatives of electric cooperatives;
(3) one representative of the South Carolina Public Service Authority who shall serve ex officio;
(4) one representative of municipally-owned electric utilities;
(5) one representative of publicly-owned natural gas companies;
(6) one representative of investor-owned gas companies;
(7) one representative of oil suppliers or dealers;
(8) one representative of propane suppliers or dealers;
(9) one representative of nonprofit public transportation providers;
(10) one representative of industrial consumers;
(11) one representative of commercial consumers;
(12) two representatives of individual consumers; one must be the Consumer Advocate or the Consumer Advocate's designee, who shall serve ex officio;
(13) two representatives of environmental groups; and
(14) three at-large members, one each appointed by the Governor, Speaker of the House of Representatives, and the President of the Senate.
The Budget and Control Board shall elect one of the committee members to serve as chairman. The members of the Energy Advisory Committee are not eligible for reimbursement for travel, lodging, meals, or per diem. The committee shall adopt rules concerning meeting attendance by its members. The functions of the Energy Advisory Committee are advisory to the State Energy Office. The committee shall meet once each quarter to receive information on the activities of the State Energy Office and the formulation and implementation of the state energy action plan. It may comment and advise on the activities and the plan as considered appropriate by members of the committee. The State Energy Office may seek advice and guidance from the committee as considered appropriate by the director of the office.
Section 48-52-450. The State Energy Office shall recommend to the State Budget and Control Board the consolidation of other offices or programs in state government related to energy, energy efficiency, and energy reliability, excluding the South Carolina Public Service Authority and the South Carolina Public Service Commission.
Section 48-52-610. The State Energy Office shall develop energy code standards for state-owned and leased buildings, including public school buildings.
Section 48-52-620. (A) Each state agency and public school district shall submit for approval to the State Energy Office an energy conservation plan and energy conservation goals, including energy consumption goals.
(B) In order to monitor energy consumption, the State Energy Office must determine those state buildings which require individual metering. Metering must be installed by the agency, the cost of which must be borne by the agency responsible for the utility bill for the building.
(C) Each state agency and public school district shall submit periodic energy conservation reports in the manner and at such times as required by the State Energy Office.
(D) Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual report to the Budget and Control Board:
(1) activities undertaken implementing its energy conservation plan; and
(2) progress made in achieving its energy conservation goals.
(E) The State Energy Office shall compile the reports submitted pursuant to subsection (C) to be submitted annually, no later than December thirty-first, to the General Assembly.
(F) The State Energy Office shall provide suggested formats for plans and goals that must be submitted pursuant to subsection (A), reporting forms for reports required by subsection (C), and all technical assistance necessary for state agencies and school districts to satisfy the requirements of these subsections.
Section 48-52-630. An agency's budget must not be reduced by the amount of money saved through energy conservation measures. Appropriate financial incentives to encourage the reinvestment of energy costs savings into additional energy conservation areas must be provided. Energy savings must be divided among the agency, the general fund, and debt retirement of capital expenditures on energy efficiency. Agencies must be encouraged to reinvest their savings into energy conservation areas, where practical.
Section 48-52-640. (A) A vendor of energy conservation products making an energy conservation claim and attempting to sell to state government shall submit the product to the State Energy Office for evaluation and certification.
(B) Only energy conservation products certified by the State Energy Office may be purchased by a state agency subject to the State Procurement Code.
(C) All state agencies shall submit a disclaimer statement to the energy office with their annual report stating that they did not purchase any energy conservation products that had not been certified by the State Energy Office.
Section 48-52-650. The State Energy Office shall establish a mechanism for a revolving loan fund for state agencies to use for energy conservation measures. Repayment may be from the savings in the agency's utility budget.
Section 48-52-660. (A) A state agency may enter into lease purchase agreements for a duration of more than one year with vendors of energy efficiency products and utility companies. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment is allowed from savings on the agency utility budget.
(B) Procurements under the South Carolina Consolidated Procurement Code for energy-using goods and facilities must be procured through competitive sealed proposals pursuant to Section 11-35-1530 with life cycle cost criteria stated as an evaluation factor that must be addressed in a proposal.
Section 48-52-670. (A) A state agency may enter into contracts and lease purchase agreements for a duration of more than one year with vendors of energy efficient products, guaranteed savings programs, and shared savings. No funds disclaimer cause as provided for in Section 11-35-2030 is required in these contracts. Repayment may be made from savings on the agency utility budget.
(B) For purposes of this section, 'guaranteed energy savings contract' means a contract for the evaluation and recommendation of energy conservation measures and for implementation of one or more such measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, must be made over time and the savings are guaranteed to the extent necessary to make payments for the systems.
(C) A guaranteed energy savings contract must be awarded pursuant to Section 11-35-1530 if it includes a written guarantee that savings will meet or exceed the cost of energy conservation measures.
(D) A governmental body, including all local political subdivisions such as counties, municipalities, public school districts, or public service or special purpose districts. may enter into an installment payment contract or lease purchase agreement for the purchase and installation of energy conservation measures.
Section 48-52-680. (A) The State Energy Office shall assist the Materials Management Office as established in Section 11-35-810 and all governmental bodies defined in and subject to the Consolidated Procurement Code, by identifying goods which are 'energy efficient' or for which the State can achieve long-term savings through consideration of life cycle costs. The State Energy Office must compile a list of these goods. Before issuing any solicitation for these goods, the procuring agency shall notify the State Energy Office which shall assist in drafting or reviewing specifications for the goods being procured and which shall approve the specifications before issuing the solicitation. Upon request of a governmental body the State Energy Office shall provide assistance in evaluating bids or offers received in response to the solicitation to ensure that procurements are made in accordance with the purposes and policies of this article.
(B) The State Energy Office shall assist the Office of the State Engineer and all governmental bodies defined in and subject to the Consolidated Procurement Code by drafting energy conservation standards to be applied in the design and construction of buildings that are owned or lease/purchased by these governmental bodies. Before any construction contracts are bid under Section 11-35-3020, the State Engineer's Office or the governmental body soliciting the bids shall review the plans and specifications to ensure that they are in compliance with the standards drafted by the State Energy Office. The State Energy Office shall provide assistance in reviewing these plans and specifications upon the request of the State Engineer's Office or the affected governmental body.
(C) The State Energy Office shall provide the Office of Property Management of the Budget and Control Board, Division of General Services, information to be used in evaluating energy costs for buildings or portions of buildings proposed to be leased by governmental bodies that are defined in and subject to the Consolidated Procurement Code. The information provided must be considered with the other criteria provided by law by a governmental body before entering into a real property lease.
Section 48-52-690. (A) Funding for the State Energy Office must be derived from existing financial resources available to the State and may be derived from such oil overcharge funds as are available and appropriate. Personnel for the State Energy Office must be derived from the consolidation of existing state government personnel slots, to the extent possible. The Director of the State Energy Office must be appointed by the State Budget and Control Board upon the recommendation of the executive director. (B) The State Energy Office shall submit for approval all proposed projects for funding with oil overcharge funds to the Joint Legislative Committee on Energy pursuant to Chapter 39, Title 11 and to the Joint Appropriations Review Committee pursuant to Section 2-65-20."
SECTION 2. The establishment of the State Energy Office within the State Budget and Control Board, as provided for in this part, must be evaluated at such time as restructuring or reorganizing of state government takes place so as to identify and provide for the proper placement of the office upon restructuring or reorganizing.
SECTION 1. The 1976 Code is amended by adding:
"Section 40-29-85. (A) The State Energy Office shall design, produce, and provide to the South Carolina Manufactured Housing Board labels to be distributed to manufactured home manufacturers who shall prominently place a label on each manufactured home that has not been previously occupied as a dwelling that is to be placed for sale in South Carolina.
(B) The label must state clearly whether the manufactured home meets these energy efficiency standards:
(1) storm or double pane glass windows;
(2) insulated or storm doors;
(3) an actual installed insulation value of R-11 for walls;
(4) an actual installed insulation value of R-19 for floors;
(5) an actual installed insulation value of R-30 for ceilings."
SECTION 2. Section 6-10-30(d) of the 1976 Code is amended to read:
"(d) Notwithstanding the provisions of subsection (a) of this section, in one and two family dwellings double pane or storm windows must be used for window glass and in the case of ceilings, exterior walls, and floors with crawl space, and heating and air conditioning duct work, in one and two-family dwellings, the determination of the minimum thermal resistance ratings (R-value) shall must be:
(1) Ceilings shall be R-19 R-30 for ceilings, except for ceiling/roof combinations, which must be R-19;
(2) Exterior walls shall be R-11 R-13 for exterior walls;
(3) Floors with crawl space shall be R-11 R-19 for floors with crawl space;
(4) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.
Nothing in this subsection shall may be construed to inhibit utilization of higher minimum thermal ratings.
To facilitate the affordability of purchases of housing, minimum thermal resistance ratings of R-19 for ceilings and R-11 for floors may be used provided the builder discloses the insulation levels to the buyer. The disclosure must be on a form provided by the South Carolina Residential Builders Commission and a copy must be submitted to the commission which must keep it for thirteen years."
SECTION 3. Section 12-36-2110(B) of the 1976 Code, as added by Part II, Section 74A, Act 612 of 1990, is amended to read:
"(B) For the sale of a mobile manufactured home, as defined in Section 31-17-20 40-29-20, the tax is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from (1) by sixty-five percent;
(3) if the result from (2) is no greater than six thousand dollars, multiply by five percent. This is for the amount of the tax due.;
(4) if the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars plus one two percent of the amount greater than six thousand dollars.
However, a manufactured home that has not been previously occupied as a dwelling is exempt from any tax that may be due above three hundred dollars as a result of the calculation in subitem (4) if it meets these energy efficiency standards: storm or double pane glass windows, insulated or storm doors, an actual installed insulation value of R-11 for walls and R-19 for floors, and R-30 for ceilings. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency standards above. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office."
SECTION 4. Section 40-29-240(A) of the 1976 Code, as added by Act 128 of 1989, is amended by adding at the end:
"(7) fail to properly and prominently display the energy efficiency label required by Section 40-29-85."
SECTION 1. Title 58 of the 1976 Code is amended by adding:
Section 58-37-10. As used in this chapter unless the context clearly requires otherwise:
(1) 'Demand-side activity' means a program conducted or proposed by a producer, supplier, or distributor of energy for the reduction or more efficient use of energy requirements of the producer's, supplier's, or distributor's customers, including, but not limited to, conservation and energy efficiency, load management, cogeneration, and renewable energy technologies.
(2) 'Integrated resource plan' means a plan which contains the demand and energy forecast for at least a fifteen-year period, contains the supplier's or producer's program for meeting the requirements shown in its forecast in an economic and reliable manner, including both demand-side and supply-side options, with a brief description and summary cost-benefit analysis, if available, of each option which was considered, including those not selected, sets forth the supplier's or producer's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service, and describes the external environmental and economic consequences of the plan to the extent practicable. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the South Carolina Public Service Commission, this definition must be interpreted in a manner consistent with the integrated resource planning process adopted by the commission. For electric cooperatives subject to the regulations of the Rural Electrification Administration, this definition must be interpreted in a manner consistent with any integrated resource planning process prescribed by Rural Electrification Administration regulations.
Section 58-37-20. The South Carolina Public Service Commission must adopt procedures that encourage electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission to invest in cost-effective energy efficient technologies and energy conservation programs. These procedures must provide incentives and cost recovery for energy suppliers and distributors who invest in energy supply and end-use technologies that are cost-effective, environmentally acceptable, and/or reduce energy needs. These procedures must allow energy suppliers and distributors to recover costs and obtain a reasonable rate of return on their investment in qualified demand-side management programs sufficient to make these programs at least as financially attractive as construction of new generating facilities. The Public Service Commission shall establish rates and charges that ensure that the net income of an electrical or gas utility regulated by the commission after implementation of a specific cost-effective energy conservation measure is at least as high as the net income would have been if the energy conservation measure had not been implemented. For purposes of this section only, the term 'demand side activity' means a program conducted by an electrical utility or public utility providing gas services for the reduction or more efficient use of energy requirements of the utility or its customers, including, but not limited to, utility transmission and distribution system efficiency, customer conservation and efficiency, load management, cogeneration, and renewable energy technologies.
Section 58-37-30. (A) The South Carolina Public Service Commission must report annually to the General Assembly on available data regarding the past, on-going, and projected status of demand-side activities and purchase of power from qualifying facilities, as defined in the Public Utilities Regulatory Policies Act of 1978, by electrical utilities and public utilities providing gas services subject to the jurisdiction of the Public Service Commission.
(B) Electric cooperatives providing resale or retail services, municipally-owned electric utilities, and the South Carolina Public Service Authority shall report annually to the State Energy Office on available data regarding the past, on-going, and projected status of demand-side activities and purchase of power from qualifying facilities. For electric cooperatives, submission to the State Energy Office of a report on demand side activities in a format complying with then current Rural Electrification Administration regulations constitutes compliance with this subsection. An electric cooperative providing resale services may submit a report in conjunction with and on behalf of any electric cooperative which purchases electric power and energy from it. The State Energy Office must compile and submit this information annually to the General Assembly.
(C) The State Energy Office may provide forms for the reports required by this section to the Public Service Commission and to electric cooperatives, municipally-owned electric utilities, and the South Carolina Public Service Authority. The office shall strive to minimize differing formats for reports, taking into account the reporting requirements of other state and federal agencies. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission, the reporting form must be in a format acceptable to the commission.
Section 58-37-40. (A) Electrical utilities, public utilities providing gas services, and the South Carolina Public Service Authority must prepare integrated resource plans. The South Carolina Public Service Authority and electrical and gas utilities regulated by the Public Service Commission must submit their plans to the State Energy Office. The plan submitted by the South Carolina Public Service Authority must be developed in consultation with electric cooperatives and municipally-owned electric utilities purchasing power and energy from the authority and must include the effect of demand-side management activities of electric cooperatives and municipally-owned electric utilities which directly purchase power and energy from the authority or sell power and energy which the authority generates. All plans must be submitted every three years and must be updated on an annual basis. The first integrated resource plan of the South Carolina Public Service Authority must be submitted no later than June 30, 1993. An integrated resource plan may be patterned after the integrated resource planning process developed by the Public Service Commission. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission, submission of their plans as required by the commission constitutes compliance with this section. Nothing in this subsection may be construed as requiring interstate natural gas companies whose rates and services are regulated only by the federal government to prepare and submit an integrated resource plan.
(B) Electric cooperatives and municipally-owned electric utilities must submit integrated resource plans to the State Energy Office wherever they are required by federal law to prepare these plans or if they plan to acquire, by purchase or construction, ownership of additional generating capacity greater than twelve megawatts per unit. An integrated resource plan must be submitted to the State Energy Office by an electric cooperative or municipally-owned electric utility twelve months before the acquisition, by purchase or construction, of additional generating capacity in excess of twelve megawatts per unit. For an electric cooperative, submission to the State Energy Office of its plan in a format complying with the then current Rural Electrification Administration regulations constitutes compliance with this section.
(C) The State Energy Office, to the extent practicable, shall evaluate and comment on external environmental and economic consequences of each integrated resource plan submitted and on the environmental and economic consequences for suppliers and distributors.
(D) The State Energy Office shall coordinate the preparation of an integrated resource plan for the State and shall coordinate with regional groups including the Southern States Energy Board.
(E) The State Energy office must not exercise any regulatory authority with regard to the requirements set forth in this chapter.
(F) Not later than six months after the effective date of this act, the State Energy Office must submit recommendations to the Governor and to the General Assembly for expanding the integrated resource planning requirements of this chapter to all energy producers, suppliers, and distributors in this State not otherwise addressed by this chapter."
SECTION 1. The 1976 Code is amended by adding:
"Section 57-1-130. The South Carolina Department of Highways and Public Transportation annually shall expend not more than three million dollars of the total state source funds available to the department on the implementation of public transportation. For purposes of this section, 'public transportation' means every conveyance of human passengers which is provided to the general public or selected groups on a regular and continuing basis by bus, van, or other ground vehicles or by rail, subway, or monorail."
SECTION 2. The 1976 Code is amended by adding:
"Section 57-1-140. Before building new or expanding existing primary highways, roads, and streets the South Carolina Department of Highways and Public Transportation shall consider and make a written determination whether it is financially and physically possible to include:
(1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area;
(2) pedestrian walkways or sidewalks; and
(3) bicycle lanes or paths.
A copy of this determination must be submitted to the State Energy Office."
SECTION 3. Section 1-11-310 of the 1976 Code is amended to read:
"Section 1-11-310. (A) The State Budget and Control Board shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for non law enforcement use.
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.
(D) All state motor vehicles shall must be titled to the State. All such titles shall and must be received by and remain in the possession of the Division of Motor Vehicle Management pending sale or disposal of the vehicle.
(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation shall must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must be approved by the Budget and Control Board on an individual basis."
SECTION 4. Section 12-36-2120(15) of the 1976 Code, as added by Part II, Section 74A, Act 612 of 1990, is amended to read:
"(15) gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuel ethanol blends, as defined in Section 12-27-430(2), and fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Tax Commission as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;".
SECTION 5. Section 44-96-40(27) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(27) 'Motor oil' and 'similar lubricants' means mean the fraction of crude oil or synthetic oil which is sold for the purposes of reducing friction in an industrial or mechanical device that is classified for use in the crankcase, transmission, gearbox, or differential of an internal combustion engine, including automobiles, buses, trucks, lawn mowers and other household power equipment, industrial machinery, and other mechanical devices that derive their power from internal combustion engines. The terms include re-refined oil but do not include heavy greases and specialty industrial or machine oils, such as spindle oils, cutting oils, steam cylinder oils, industrial oils, electrical insulating oils, or solvents which are not sold at retail in this State."
SECTION 6. Section 44-96-160(D) of the 1976 Code, as added by Act 63 of 1991, is amended by adding at the end:
"A retail dealer of motor oil who maintains a separate tank for a voluntary used oil collection center as approved by the department under this section is eligible for a payment from the South Carolina Tax Commission from fees collected pursuant to subsection (V) of five cents for every gallon of motor oil that is returned properly on a voluntary basis to a registered used oil transporter or a permitted used oil recycling facility upon proper verification."
SECTION 7. The first paragraph of Section 44-96-160(V)(2) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"The Tax Commission shall remit fees collected pursuant to this section to the Solid Waste Management Trust Fund, less payments made pursuant to subsection (D). The fees must be reserved in a separate account designated as the Petroleum Fund. The Petroleum Fund shall must be under the administration of the Office of Solid Waste Reduction and Recycling."
SECTION 8. Section 44-96-160(V)(2)(a)(2) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(2) the establishment and continued operation of collection centers which accept used oil; and , including a one-time rebate to retailers who maintain department approved used oil collection centers for equipment used in the used oil collection process, not to exceed five hundred dollars a location. The used oil collection center must maintain a separate tank for the collection of voluntarily returned used oil to be eligible for this rebate. This rebate must be distributed by the department upon approval of the collection center by the department and submittal of proof of purchase of the equipment."
SECTION 9. Section 44-96-160 of the 1976 Code is amended by adding at the end:
"(Z) Beginning February 28, 1993, and no later than February twenty-eighth each year thereafter, the Office of Solid Waste and Recycling shall submit to the Governor and to the General Assembly a report for the previous calendar year including:
(1) the number of used oil collection sites available in each county to the general public;
(2) the number and location of used oil collection sites in each county receiving ongoing and start-up assistance from the Office of Solid Waste Reduction and Recycling;
(3) the amount of used oil collected in each county."
SECTION 10. Section 48-1-10(17) of the 1976 Code is amended to read:
"(17) 'Source' means any and all points of origin of air contaminants, including motor vehicles, whether privately or publicly owned or operated;".
SECTION 11. Section 48-1-10 of the 1976 Code is amended by adding at the end:
"(24) 'Motor vehicle' means a passenger car or vehicle designed for carrying ten passengers or less and used for the transportation of persons and a light-duty truck or vehicle designed for the transportation of cargo or property which has a gross vehicle weight rating of less than eight thousand, five hundred pounds."
SECTION 12. Section 58-25-30(3) and (4) of the 1976 Code are amended to read:
"(3) Upon the execution of such the agreement by the governing bodies of the cities and the counties which include at least ninety percent of the population of the proposed service area within their jurisdictions, and only if the agreement provides for imposition of a new source of revenue such as a new tax, the question of creating such an authority under the terms of the executed agreement must be submitted for ratification to the qualified electors within the proposed service area at a general election or at a special election called for that purpose as set forth in the agreement. Upon the approval of the majority of the voters within the service area voting on the question If an existing source or sources of revenue are utilized to fund the authority an election is not required. If an election is required, the agreement shall become operational upon the approval of the majority of the voters within the service area voting on the question and the authority must be created not less than sixty days after the results of the election are certified. If an election is not required, the agreement becomes operational upon the execution of the agreement by the governing bodies of the cities and counties which include at least ninety percent of the population of the proposed service area, and the authority must be created not less than sixty days after the agreement is executed.
(4) If an election is required, the question to be placed before the electorate must state the service area of the proposed authority (cities and counties involved) and the proposed method of financing, including the level of tax to be initially imposed, and membership on the board."
SECTION 13. Section 58-25-40(1) of the 1976 Code, as last amended by Act 202 of 1989, is further amended to read:
"(1) The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the cities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these local governing bodies and if so would serve in an ex officio capacity. The governing board of the authority must be made up of not more than two times the number of authority governmental members and up to three additional members appointed by the legislative delegation as provided in this section.
There must be at least five board members. The membership of the governing board must be apportioned among the member cities and counties proportionate to population within the authority's service area or the financial contribution to the authority by the member municipalities and counties. The method of appointment must be determined as follows: If the financial contribution of governmental members is consistent with the population base, the method is by population as provided in this section. If the financial contribution is not consistent with the population base, then the method is by ratio of financial contribution.
As many as three additional members of the governing board of a transportation authority may be appointed by the legislative delegations of the member counties if approved by the qualified electors within the proposed service area in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the general fund or the highway fund, the delegation shall appoint three additional members. Unless the agreement approved by the qualified electors of a service area provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members including the resident senator. No member government, regardless of population, may have less than one member on the board. County population must be determined after subtracting the member city population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation except that in cases of extensive services rendered per diem may be paid by a two-thirds vote of the authority."
SECTION 14. Section 58-25-40(3) of the 1976 Code is amended to read:
"(3) Subsequent to the activation of the authority, contiguous counties or cities not participating initially may become members of the authority with the same benefits as the initial members after a majority vote of their electors voting on the question in pursuant to the procedure set forth in Section 58-25-30 and with the approval by a majority vote of the board of the authority."
SECTION 15. Section 58-25-50 of the 1976 Code is amended to read:
"Section 58-25-50. (A) The authority may:
(a)(1) purchase, lease, own, or operate or provide for the operation of transportation facilities;
(b)(2) contract for public transportation services;
(c)(3) plan in concert with any appropriate local planning operation for public transportation services;
(d)(4) exercise the power of eminent domain limited to right-of-way and contiguous facility acquisition;
(e)(5) contract with other governmental agencies, private companies, and individuals;
(f)(6) sue and be sued, implead and be impleaded, complain, and defend in all courts;
(g)(7) adopt, use, and alter at will a corporate seal;
(h)(8) acquire, purchase, hold, lease as a lessee, and use any franchise or property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority, and sell, lease as lessor, transfer, and dispose of any property or interest therein acquired by it;
(i)(9) fix, alter, change, and establish rates, fees, fares, and other charges for services or facilities of the authority. The rates, fees, and fares set forth in the agreement approved by the electorate may not be increased more frequently than annually. No single increase may exceed fifty percent;
(j)(10) establish public transportation routes and approve the alteration or addition of routes based primarily on a detailed analysis or proposed use and comprehensive cost analysis;
(k)(11) acquire and operate, or provide for the operation of, transportation systems, public or private, within the area, the acquisition of a system to be by negotiation and agreement between the authority and the operator of the system to be acquired;
(l)(12) make contracts of every name and nature and execute all instruments necessary or convenient for the carrying on of its business;
(m)(13) enter into management contracts with any person for the management of a public transportation system owned or controlled by the authority for a period of time, and under compensation and other terms and conditions, as may be considered advisable by the authority;
(n)(14) contract for the services of attorneys, engineers, consultants, and agents for any purpose of the authority;
(o)(15) borrow money and make and issue negotiable bonds, notes, or other evidences of indebtedness;
(p)(16) accept gifts, grants, or loans of money or other property from and enter into contracts, leases, or other transactions with and accept funds from federal, state, or local governments, public or semipublic agencies or private individuals or corporations and expend the funds and carry out cooperative undertakings and contracts;
(q)(17) do all acts necessary for the provision of public transportation services;
(r)(18) To provide transportation services for residents of the service area to destinations outside the service area;
(s)(19) promulgate regulations to carry out the provisions of this chapter.
(B) The authority or other authorized regional transportation organization, in conjunction with all other organizations providing public transportation in the service area, shall prepare and produce a plan to coordinate public transportation services provided by each entity utilizing state funds or funds administered by the State to ensure that resources are being used in the most efficient and cost-effective manner. The coordinated transportation plan must maintain the provision, type, and level of assistance to individuals at least equal in quality to that provided by the human service transportation providers in the service area. The failure of an entity providing these services to comply with the coordinated plan must be reported by the authority or the service provider to the appropriate state agencies or funding authorities which administer, contract, grant, approve, or appropriate funds for services. Transportation resources presently owned by or under contractual agreement of the service provider must remain under the authority of the service provider."
SECTION 16. Section 58-25-60 of the 1976 Code is amended to read:
"Section 58-25-60. The intended mechanism for raising the necessary local funds to support the operation of the authority must be set forth in the agreement provided for in Section 58-25-30. The declaration of intended sources of local funds does not preclude the use of other local, state, or federal sources which shall subsequently become available except for state highway construction funds which may not be used. The agreement may be amended specifically to recognize new sources. Local funds may be generated from the following source existing sources of revenue, including, but not limited to, a local sales tax approved pursuant to Chapter 10, Title 4, property tax, business license tax, accommodations tax, and franchise fees, notwithstanding other provisions of law. This source is These sources are not intended to be exclusive.
A vehicle registration fee may be levied by the governing bodies of the member cities and counties on the motor vehicles registered within the service area of the authority. If this mechanism is used, the amount of the vehicle registration fee must be set forth in the agreement and must be approved by the qualified electors within the proposed service area if an election is required by Section 58-25-30. The authority shall request the members of the General Assembly representing its service area to approve increases in the registration fee. Unless these members of the General Assembly by majority vote approve the increase, no increases may be imposed. This registration fee must be added to the personal property tax notice collected as a part of the personal property tax and the fee rebated to the authority."
SECTION 17. (A) There is created the Alternative Transportation Fuels Study Committee to conduct a comprehensive study of clean alternative transportation fuels. The members of the committee must be appointed by the chair of the Joint Legislative Committee on Energy and must include representatives of:
(1) the State Energy Office;
(2) the Joint Legislative Committee on Energy;
(3) the South Carolina Department of Health and Environmental Control;
(4) the South Carolina Department of Highways and Public Transportation;
(5) the Division of Motor Vehicle Management of the State Budget and Control Board; and
(6) other entities as considered appropriate by the chair.
(B) At the initial meeting of the committee, the members shall elect a chairman from among the members appointed pursuant to subsection (A). The committee shall meet upon the call of the chair.
(C) A vacancy occurring on the committee must be filled in the same manner as the original appointment.
(D) The members of the committee shall serve at no expense to the State.
(E) The purpose of the Alternative Transportation Fuels Study Committee is to study and analyze all issues pertaining to the use of alternative transportation fuels, including, but not limited to, natural gas, propane, electricity, ethanol, methanol, solar energy, hydrogen, and reformulated gasoline, and to make recommendations to the Governor and to the General Assembly regarding an alternative transportation fuels strategy to be implemented by the State.
(F) The Alternative Transportation Fuels Study Committee shall:
(1) research and review current sources of transportation fuels including, but not limited to, current technical reports, ongoing projects, and other states' initiatives;
(2) research and analyze the financial implications of implementing an alternative fuels program, including other states' incentive programs and initiatives, and make recommendations to the Governor and to the General Assembly regarding alternative transportation fuels incentive packages. The committee shall specifically consider and make recommendations regarding:
(a) exemptions and reductions of the state motor fuels taxes for clean fuel vehicles;
(b) state-initiated, self-sustaining revolving funds for providing low or no interest financing for clean fuel vehicle purchases and conversion projects;
(c) investment tax credits for vehicle conversions, new vehicle purchases, and refueling equipment;
(d) exemptions and reductions of sales taxes associated with clean fuel vehicle purchases; and
(e) other possible incentives for clean fuel vehicle conversions, new vehicle replacements, and the development of refueling infrastructure;
(3) research and make recommendations to the Governor and to the General Assembly on the establishment by the State of alternative transportation fuels demonstration projects using a portion of the state's fleet by the end of the calendar year 1992 and on how to structure the demonstration projects to serve the following purposes:
(a) collect and analyze actual operating data;
(b) increase public knowledge of alternative transportation fuels; and
(c) serve as teaching and training tools for future clean transportation fuels programs;
(4) make recommendations to the Governor and to the General Assembly on:
(a) the establishment of percentage goals for implementing alternatively fueled vehicles in government fleets which are centrally garaged and fueled;
(b) how the State should promote alternative transportation vehicle use by private, centrally fueled and garaged fleets in designated metropolitan areas;
(c) the development of education programs for local governments and corporations which may be subject to federal or state alternative transportation fuels measures; and
(5) prioritize the alternative transportation fuels researched by the committee in terms of environmental impact, economics, availability, technological advantages, and performance.
(G) In carrying out its responsibilities under subsection (C), the committee shall consult with local companies that have expertise in alternative transportation fuels issues or which would be affected by a recommendation likely to be proposed by the committee.
(H) All meetings of the Alternative Transportation Fuels Study Committee must be open to the public.
(I) The committee shall hold at least one public hearing to allow affected companies and the general public an opportunity to comment on the proposed recommendations before presentation of the final recommendations of the committee to the Governor and to the General Assembly.
(J) The Alternative Transportation Fuels Study Committee must submit its final report and recommendations in writing to the Governor and to the General Assembly no later than six months after the effective date of this resolution.
After making its final report, the committee is dissolved.
SECTION 18. The Joint Legislative Committee on Energy shall appoint a task force to study the feasibility of establishing intrastate rail service and connecting with population centers in North Carolina and Georgia. This study must be submitted to the General Assembly no later than January 15, 1993.
SECTION 19. The State Budget and Control Board Division of Motor Vehicle Management shall determine the extent to which the state vehicle fleet can be configured to operate on alternative transportation fuels. This determination must be based on a thorough evaluation of each alternative fuel and the feasibility of using such fuels to power state vehicles. The state fleet must be configured in a manner that will serve as a model for other corporate and government fleets in the use of alternative transportation fuel. By June 1, 1993, the division must begin using alternative transportation fuels for the state vehicle fleet.
SECTION 1. This act takes effect July 1, 1992./
Renumber sections to conform.
Amend title to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
Rep. CARNELL moved that the House do now adjourn.
Rep. L. MARTIN demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 57 to 41.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. KEYSERLING having the floor.
The Senate returned to the House with concurrence the following:
H. 4792 -- Rep. J. Brown: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO THE REVEREND DR. D.E. FRANKLIN ON THE SEVENTH ANNIVERSARY OF HIS SERVICE AS PASTOR OF GREATER ST. LUKE BAPTIST CHURCH OF COLUMBIA.
At 4:30 P.M. the House in accordance with the motion of Rep. R. YOUNG adjourned in memory of Hampie Hudson of Walterboro, to meet at 10:00 A.M. tomorrow.
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