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 and gracious God, help us to live each day that we will neither be afraid of tomorrow nor ashamed of yesterday. May we face each challenge in the total confidence of Your presence, knowing that no cloud comes into our lives but that God puts a rainbow in it. Help us to use to the fullest every diamond minute of each golden day since we cannot turn back the clock - only that we must wind it up again. Keep us steadfast even in discouragement, knowing that the roughest road oftentimes goes straight to the top of the hill.
Inspire us, Lord, to use fully the abilities You have given us. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., April 30, 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 S. 1097:
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.
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 30, 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. 4337:
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.
Very respectfully,
President
On motion of Rep. KIRSH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. KIRSH, QUINN and CLYBORNE 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 from the Senate.
Columbia, S.C., April 30, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendment proposed by the House to H. 3550:
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
Very respectfully,
President
On motion of Rep. WILDER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILDER, CROMER and MANLY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1505 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1506 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 1487, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1507 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. STODDARD moved that when the House adjourns it adjourn in memory of Mrs. Nivey Childress of Laurens, which was agreed to.
Rep. TOWNSEND presented the Belton-Honea Path High School Bears Baseball Team, Winner of the State Class AAA Championship, coaches and athletic director.
Rep. HARVIN presented Miss Brandy Lee Purvis, S.C. Farm Bureau State Queen.
The Senate returned to the House with amendments the following:
H. 4038 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-ERHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE AN INCREASE IN THE NUMBER OF TRUSTEES FOR EACH DISTRICT; TO PROVIDE FOR THEIR ELECTION BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following recalled Bill was taken up.
H. 4762 -- Reps. D. Elliott and M. Martin: A BILL TO AMEND SECTION 40-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND REEXAMINATION OF AN APPLICANT FOR A MECHANICAL CONTRACTOR'S LICENSE, SO AS TO AUTHORIZE THE LICENSING BOARD FOR CONTRACTORS TO ADMINISTER AN ORAL EXAMINATION UPON REQUEST OF AN APPLICANT.
Rep. D. ELLIOTT moved to waive Rule 5.12, which was agreed to by a division vote of 49 to 0.
The following was introduced:
H. 4810 -- Reps. Baxley and Beasley: A HOUSE RESOLUTION TO CONGRATULATE THE HARTSVILLE HIGH SCHOOL "LADY RED FOXES" BASKETBALL TEAM FOR WINNING THE STATE AAAA CHAMPIONSHIP AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 7, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Hartsville High School "Lady Red Foxes" basketball team won a dramatic State AAAA Championship; and
Whereas, the team finished the regular season with thirty-two wins and one loss. Now, therefore,
Be it resolved by the House of Representatives:
That the Hartsville High School "Lady Red Foxes" basketball team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, May 7, 1992, for the purpose of being recognized for winning the State AAAA Championship.
The Resolution was adopted.
The following was introduced:
H. 4811 -- Rep. Littlejohn: A HOUSE RESOLUTION RECOGNIZING AND SALUTING CHAD SILVERS OF SPARTANBURG COUNTY FOR HIS WORLD CHAMPIONSHIP TITLE IN ARM WRESTLING AND GRANTING HIM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 7, 1992, FOR THE PURPOSE OF BEING HONORED FOR HIS WORLD TITLE.
Whereas, Chad Silvers of Spartanburg County is a freshman at USC-Union; and
Whereas, he has always been sports-oriented and has had a life-long love of athletic competition; and
Whereas, Chad entered the Atlantic Coast arm wrestling tournament at Virginia Beach, Virginia, where he placed second and qualified for the World Championship in Athens, Greece. There he competed against thirteen national champions in the seated position and went undefeated to capture the world title at sixteen years of age, becoming the youngest world champion ever; and
Whereas, he has won numerous titles and awards over the years in his chosen sport of competition, overcoming serious obstacles to do so; and
Whereas, he also has received the President's Physical Fitness Award and, in 1991, he was voted "Armwrestler of the Year" by the American Armwrestling Association; and
Whereas, he is an outstanding young man with worthy aspirations and devotes much of his time, talent, and energy to helping others; and
Whereas, we feel that Chad Silvers of Spartanburg County, because of his superb athletic accomplishments and his admirable contributions as an individual to other people, is highly deserving of recognition. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, recognizes and salutes Chad Silvers of Spartanburg County for his world championship title in arm wrestling.
Be it further resolved that he be granted the privilege of the floor of the House of Representatives on Thursday, May 7, 1992, at a time to be determined by the Speaker, for the purpose of being honored for his world title.
Be it further resolved that a copy of this resolution be forwarded to Chad Silvers.
The Resolution was adopted.
The following was introduced:
H. 4812 -- Rep. Taylor: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. AND MRS. JOSEPH C. WOODARD OF RICHLAND COUNTY FOR HAVING MAINTAINED IN THEIR FAMILY A FARM SINCE 1885.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4813 -- Rep. Harvin: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260 BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 790 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO SUPPORT THE UNITED NATIONS "CONVENTION ON THE RIGHTS OF THE CHILD" AND TO REQUEST AGENCIES PROVIDING SERVICES TO CHILDREN TO AIM TO ACHIEVE THE GOALS OF THE CONVENTION.
Whereas, children have inalienable human rights such as the right to food, shelter, health care, education, protection from abuse, and the right to develop in a safe environment free from discrimination; and
Whereas, children in the United States and throughout the world face a variety of crises that threaten their proper development; and
Whereas, children remain the subject of abuse, neglect, and exploitation; and
Whereas, there is insufficient support for the maintenance of caring and nurturing families; and
Whereas, it is the duty of government to ensure that children receive the level of support necessary for the realization of these rights; and
Whereas, on November 20, 1989, the United Nations General Assembly voted to adopt a new international treaty for the protection of children; and
Whereas, the "Convention on the Rights of the Child" details the civil and political rights of children, as well as social, economic, and cultural rights; and
Whereas, setting basic rights for children as whole persons requires rethinking programs for families and children. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina affirms its support for the "Convention on the Rights of the Child", as adopted by the United Nations General Assembly on November 20, 1989, and calls on all agencies in South Carolina, especially those concerned with the housing, nutrition, education, protection, medical care, recreation, and economic opportunity for children, to ensure that even in increasingly difficult economic times their programs aim to achieve the goals of the "Convention on the Rights of the Child".
Be it further resolved that a copy of this resolution be published in the next issue of the State Register.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1524 -- Senators Bryan, Wilson, Robert W. Hayes, Jr., Leventis, Carmichael, Courson, Courtney, Drummond, Giese, Helmly, Hinds, Leatherman, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, Moore, O'Dell, Peeler, Pope, Reese, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Williams: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND MAINTAIN A STRONG ARMY NATIONAL GUARD BY MANDATING THAT THE "END STRENGTH" OF THE ARMY NATIONAL GUARD BE NO LESS THAN 420,000 PERSONNEL AND THAT THE SOUTH CAROLINA ARMY NATIONAL GUARD UNITS PRESENTLY SERVING THE STATE OF SOUTH CAROLINA BE RETAINED AS PART OF THE FORCE STRUCTURE OF AMERICA'S ARMED FORCES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1528 -- Senators Russell, Courtney and Reese: A CONCURRENT RESOLUTION TO CONGRATULATE MR. W. CALVIN WHITE OF SPARTANBURG UPON HIS REELECTION FOR AN UNPRECEDENTED SEVENTH CONSECUTIVE TERM AS CHAIRMAN OF THE SOUTH CAROLINA REAL ESTATE COMMISSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1529 -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF PARKS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO GIVE SPECIAL CONSIDERATION TO THE FORMER SOUTH CAROLINA TOWN OF DUNBARTON AND ALLOW THEM TO USE THE MAIN COMMUNITY BUILDING AT BARNWELL STATE PARK THE FIRST SUNDAY IN MAY EACH YEAR TO CELEBRATE ITS REUNION WHICH HAS BEEN HELD AT THAT LOCATION FOR THE LAST FORTY YEARS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4814 -- Reps. A. Young, Gonzales, Felder, Wofford, Vaughn, Quinn, Hallman, G. Bailey, Rama, H. Brown, Clyborne, Neilson, Wilkins, Kirsh, Wright, Council, Jennings, Haskins, Chamblee, R. Young, Riser, Meacham, Cooper, Huff, Phillips, Cromer, Houck, Keegan, McTeer, Fair, Marchbanks, K. Burch, Farr and J. Harris: A BILL TO AMEND SECTION 8-13-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE OF POLITICAL CONTRIBUTIONS TO RETIRE CAMPAIGN DEBT, SO AS TO PROVIDE THAT DEBT RETIREMENT CONTRIBUTIONS MAY NOT EXCEED THE CONTRIBUTION LIMITS IMPOSED PURSUANT TO "THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991".
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 64 to 0.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4815 -- Rep. Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-71-200, SO AS TO PROHIBIT A SCHOOL UNIT FROM EXCEEDING BOND LIMITATIONS, DIRECTLY OR INDIRECTLY, WITHOUT A REFERENDUM.
Referred to Committee on Ways and Means.
H. 4816 -- Reps. Beasley and Jennings: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 76 SO AS TO ENACT THE MOTORSPORT NONSPECTATOR LIABILITY RELEASE ACT WHICH PERMITS A PERSON OPERATING A CLOSED-COURSE MOTORSPORT FACILITY TO REQUIRE THE SIGNING OF A LIABILITY RELEASE FORM AS A CONDITION OF ADMISSION TO A NONSPECTATOR AREA, AND TO PROVIDE FOR A RELEASE FROM CERTAIN LIABILITY IN THESE CASES.
Referred to Committee on Judiciary.
H. 4817 -- Reps. Jennings and Ross: A BILL TO AMEND CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE CHILDREN'S FIREARM ACCIDENT PREVENTION ACT OF 1992, TO REQUIRE PERSONS TO KEEP FIREARMS IN A LOCKED CONTAINER OR OTHER REASONABLE LOCATION OR SECURE THE FIREARM WITH A TRIGGER-LOCK TO PREVENT UNAUTHORIZED AND UNSUPERVISED ACCESS TO FIREARMS BY MINORS, TO REQUIRE RETAIL DEALERS OF FIREARMS TO PROVIDE A WRITTEN WARNING TO PURCHASERS OF FIREARMS AND POST A WARNING TO PURCHASERS OF FIREARMS REGARDING THE REQUIREMENTS OF THIS ARTICLE, TO MAKE IT A CRIME FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE, AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Judiciary.
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1085 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Referred to Committee on Judiciary.
S. 1138 -- Senator Giese: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: 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.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1285 -- Senators Nell W. Smith, Matthews, Setzler, Russell, Mullinax, Macaulay, Moore, Courson, Patterson and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-35 SO AS TO ESTABLISH THE COLLABORATION COUNCIL FOR CHILDREN TO PROVIDE A MECHANISM FOR PLANNING, COORDINATING, AND ENHANCING SERVICES TO CHILDREN CONCERNING THE MENTAL, PHYSICAL, SOCIAL, VOCATIONAL, ECONOMIC, AND EDUCATIONAL ASPECTS OF THEIR LIVES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1361 -- Senators Giese, Reese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.
On motion of Rep. WALDROP, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1399 -- Senators Robert W. Hayes, Jr., Holland, McConnell, Bryan, Moore, Wilson, Russell, Mullinax, Leventis, Giese, Thomas, Rose, Courtney, McGill and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1401 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO PROVIDE FOR NOTICE OF A HEARING ON A REGULATION IN THE STATE REGISTER AND TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.
Referred to Committee on Labor, Commerce and Industry.
S. 1474 -- Senators McConnell, Leventis and Rose: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE AND TO CHANGE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL OR CAUSES THESE ACTS TO BE DONE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).
Referred to Committee on Judiciary.
S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.
Referred to Committee on Ways and Means.
S. 1496 -- Senator McGill: A BILL TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.
On motion of Rep. SNOW, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1510 -- Senator Russell: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
Referred to Spartanburg Delegation.
S. 1516 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PRINCIPLES OF MEDICAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1382, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1517 -- Medical Affairs Committee: A JOINT RESOLUTION TO DIRECT THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS SPECIFYING THE CRITERIA FOR PHYSICIAN SUPERVISION OF NURSE PRACTITIONERS AND TO SUBMIT THESE REGULATIONS FOR GENERAL ASSEMBLY REVIEW BY JANUARY 12, 1993.
Referred to Committee on Invitations and Memorial Resolutions.
S. 1519 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL; AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.
Referred to Dorchester Delegation.
S. 1523 -- Senators Fielding, Gilbert, Matthews, Mitchell, Patterson, Washington and Williams: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.
Without reference.
S. 1526 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELETE A PORTION OF THE OLD UNITED STATES ROUTES 15 AND 301 IN ORANGEBURG COUNTY FROM THE STATE HIGHWAY SYSTEM AND TO TRANSFER THIS PORTION OF THE ROAD TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
Referred to Committee on Invitations and Memorial Resolutions.
S. 1527 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-38-733 WITHIN THE CAMPUS OF DANTZLER MIDDLE SCHOOL IN ORANGEBURG COUNTY.
Referred to Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4818 -- Rep. Bennett: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. EDWIN B. JOSEPH FOR HIS DEDICATED SERVICE AND CONTRIBUTIONS TO THE MANAGEMENT AND CONSERVATION OF SOUTH CAROLINA'S MARINE FISHERIES RESOURCES AND THE MARINE FISHERIES RESOURCES OF THE SOUTHEASTERN REGION OF THE UNITED STATES ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4819 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE SENATE AND HOUSE CHAMBERS AND THE BLATT BUILDING COMMITTEE ROOMS ON SATURDAY AND SUNDAY, JANUARY 23-24, 1993, TO CONDUCT A MODEL LEGISLATURE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. QUINN 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 roll call of the House of Representatives was taken resulting as follows.
Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Baxley Beatty Bennett Boan Brown, H. Bruce Burch, K. Canty Cato Chamblee Clyborne Cobb-Hunter Cooper Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Glover Gonzales Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes 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, May 5.
Roland Corning Joseph McElveen Timothy Rogers Grady Brown George Bailey Gene Stoddard David M. Beasley Lenoir Sturkie Ronald Fulmer Harry Hallman Joe E. Brown Alma Byrd
LEAVES OF ABSENCE
The SPEAKER granted Rep. D. MARTIN a leave of absence for the week due to court proceedings.
The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence due to illness in the family.
The SPEAKER granted Rep. CARNELL a leave of absence due to being out of State.
The SPEAKER granted Rep. ROSS a leave of absence for the day due to court proceedings.
Rep. BEASLEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 29.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4804 -- Rep. Clyborne: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON NOVEMBER 25, 26, AND 27, 1991, BY THE STUDENTS OF THE SEVIER MIDDLE SCHOOL IN GREENVILLE COUNTY BECAUSE OF A FIRE ON SCHOOL PROPERTY ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4805 -- Reps. J. Harris and K. Burch: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.
H. 4511 -- Reps. Ross, Jennings, Keegan, Hodges and M. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6260 SO AS TO PROVIDE THAT IF ANY PERSON IS ARRESTED FOR DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, OR FOR DRIVING AN UNINSURED MOTOR VEHICLE, THE ARRESTING OFFICER SHALL TAKE IMMEDIATE POSSESSION OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE OF THE VEHICLE; TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE DEEMED TO BE CRIMINAL PROCEDURES SUPPLEMENTED TO, AND NOT IN LIEU OF, ANY PENALTIES IMPOSED BY LAW FOR THESE OFFENSES; TO PROVIDE THAT THE ARRESTING OFFICER SHALL ISSUE A CERTIFICATE TO SERVE AS A TEMPORARY LICENSE PLATE AND REGISTRATION FOR THE VEHICLE FOR A PERIOD OF TEN DAYS; AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE LICENSE PLATE AND REGISTRATION MAY BE RETURNED TO THE OWNER OF THE VEHICLE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1396 -- Senator Pope: A BILL TO REPEAL ACT 343 OF 1971, AS AMENDED, RELATING TO THE CREATION, MEMBERSHIP, POWERS AND DUTIES, AND OPERATIONS OF THE UNION RECREATION DISTRICT IN UNION COUNTY.
The following Bill was taken up.
S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.
Reps. KOON and SNOW proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\3866.AL), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 47-1-200. (A) During transportation, an animal must not be confined in one area for more than twenty-four consecutive hours without being adequately exercised, rested, fed, and watered. The time may be extended reasonably when an act of God causes a delay. The animal must be provided adequate space and ventilation.
(B) A dog or cat under eight weeks of age must not be imported or exported without being accompanied by its dam.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for not more than thirty days, or both."/
Renumber sections to conform.
Amend title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
Reps. KOON and SNOW proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\3864.AL), which was adopted.
Amend the bill, as and if amended, Section 47-1-70, by adding:
/(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or Section 47-3-530 is exempt from this section./
Renumber items to conform.
Amend title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\CYY\19100.HC), which was adopted.
Amend the bill, as and if amended, by striking the last paragraph of Section 6-7-730, as contained in Section 1, page 2, which reads:
/No suit to challenge the validity of an ordinance, resolution, or map, or an amendment to it, may be brought on grounds other than questions as to adequacy of notice, unless within thirty days after the final act of the governing authority to enact or amend the ordinance, resolution, or map, a contestant files with the governing authority a notice of intent to contest and actually commences the action within sixty days after the filing of the notice of intent to contest./
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. McABEE moved to adjourn debate upon the following Bill until Thursday, May 7, which was adopted.
S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1365 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 38 SO AS TO PROVIDE FOR THE MANAGING GENERAL AGENTS ACT.
Rep. J. BAILEY explained the Bill.
S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1070, AND 44-23-1090 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.
S. 1212 -- Senator Bryan: A BILL TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.
The following Bill was taken up.
H. 3961 -- Reps. Hayes, Wofford and Manly: A BILL TO AMEND TITLE 16, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S OMBUDSMAN AND PROVIDE FOR POWERS AND DUTIES.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 29, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LANFORD explained the amendment.
Reps. GLOVER, JENNINGS, DELLENEY and SCOTT objected to the Bill.
Rep. WALDROP moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.
S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.
The following Bill was taken up.
S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8261.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 38-33-170(B), SECTION 5, page 7, beginning on line 20, and inserting:
/(B) The department commissioner may make an examination concerning the quality of health care service of any a health maintenance organization and providers with whom such the organization has contracts, agreements, or other arrangements as often as is reasonably necessary for the protection of the interests of the people of this State, but not less frequently than once every three years./
Amend further, Section 38-33-170(D), SECTION 5, page 7, beginning on line 38, by striking /or the department/ and inserting /or the department/ so that when amended Section 38-33-170(D) reads:
/(D) The expenses of examinations under this section are assessed against the organization being examined and remitted to the commissioner or the department for whom the examination is being conducted./
Amend further by striking Section 38-33-180(A)(4), SECTION 6, page 8, beginning on line 20, and inserting:
/ (4) The department certifies to the commissioner that:
(a) the health maintenance organization does not meet the requirements of Section 38-33-40(A)(2); or
(b) the health maintenance organization is unable to fulfill its obligations to furnish health care services./
Amend further by striking Section 38-33-270(B), SECTION 7, page 10, beginning on line 1, and inserting:
/(B) The commissioner may assess the health maintenance organization directly for consulting expenses incurred pursuant to subsection (A) and require the organization to remit payment directly to the consultant. These expenses must be reasonable. The commissioner is not required to but may consider the results of a quality assurance examination made at an appropriate time by a person with whom the health maintenance organization has a contract to provide health care services or by a person who has a legitimate interest in the quality of care provided by the organization./
Amend title to conform.
Rep. RAMA explained the amendment.
The amendment was then adopted.
Rep. RAMA proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2708.AL), which was adopted.
Amend the bill, as and if amended, by inserting before the enacting words:
/Whereas, Public Law 102-141, Section 633, effective October 28, 1991, requires certification by the state public health official that guidelines issued by the Centers for Disease Control or guidelines which are equivalent to those promulgated by the Centers for Disease Control concerning recommendations for preventing the transmission of the human immunodeficiency virus and the hepatitis B virus during exposure-prone invasive procedures, except for emergency situations when the patient's life or limb is in danger, have been instituted by the State; that these state guidelines apply to health professionals practicing within the State and are consistent with federal law; that compliance with these guidelines is the responsibility of the state public health official; and that these responsibilities include a process for determining what appropriate disciplinary or other actions must be taken to ensure compliance; and
Whereas, if certification is not provided within one-year following enactment of Public Law 102-141, Section 633, the State is ineligible to receive assistance under the Public Health Service Act (42 U.S.C. 301, et seq.) until the certification is provided; and
Whereas, it has been determined that state compliance with Public Law 102-141, Section 633, can best be effected by authorizing the South Carolina Department of Health and Environmental Control to oversee compliance and by requiring licensing boards to adopt guidelines to ensure compliance with the above-referenced public law. Now, therefore/.
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. Title 44 of the 1976 Code is amended by adding:
Section 44-30-10. This chapter may be cited as the 'South Carolina Health Care Professional Compliance Act'.
Section 44-30-20. As used in this chapter:
(1) 'CDC' means the Centers for Disease Control of the Public Health Service.
(2) 'CDC recommendations' means the July 12, 1991, CDC document (MMWR, Volume 40, No. RR-8) entitled 'Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures' or equivalent guidelines developed by the department and approved by the CDC and any appropriate supplements or revisions thereto.
(3) 'Department' means the South Carolina Department of Health and Environmental Control.
(4) 'Educational institutions' means the health professional schools of dentistry, medicine, and nursing and any other educational program or institution providing training for health care professionals.
(5) 'Expert review panel' means a panel of experts in composition and function as defined in the CDC recommendations and appointed or approved by the department.
(6) 'Health care professional' means a physician, physician's assistant, dentist, dental hygienist, registered nurse, licensed practical nurse, or podiatrist practicing or licensed to practice in South Carolina.
(7) 'Licensing board' means these health professional licensing boards which are state agencies and which license and regulate specific health care professions: the State Board of Medical Examiners, the State Board of Nursing for South Carolina, the South Carolina State Board of Dentistry, and the State Board of Podiatry Examiners.
(8) 'Public law' means Public Law 102-141, Section 633, enacted October 28, 1991, applicable to health care professionals.
(9) 'State public health official' means the commissioner of the department or the commissioner's designee.
Section 44-30-30. (A) The department is authorized to ensure and oversee the implementation of Public Law 102-141, Section 633, and applicable CDC recommendations and any appropriate supplements and revisions to the CDC recommendations which apply to health care professionals.
(B) The department shall provide consultation and assistance to licensing boards, as appropriate, to ensure compliance with CDC recommendations.
(C) The department shall appoint at least one or approve an existing expert review panel, consistent with the CDC recommendations in composition and function, whose recommendations must be considered requirements and must be binding upon the affected health care professionals.
Section 44-30-40. (A) By October 1, 1992, each licensing board shall adopt the CDC recommendations and shall communicate with its respective health care professionals by written notice of their adoption. This written notice must include information that noncompliance may subject the licensee to disciplinary proceedings before the licensing board. The notice must provide information regarding education and training in the areas of infection control, universal precautions, and disinfection and sterilization techniques.
(B) Each licensing board shall institute disciplinary or other action for violations by its respective health care professionals of the CDC recommendations and any other requirements adopted pursuant to this chapter.
Section 44-30-50. No member of an expert review panel or licensing board and no person or organization providing consultation to an expert review panel or licensing board may be subject to civil or criminal liability for actions or omissions made during investigations or hearings or made in rulings or decisions when acting within the scope of official duties and while carrying out the responsibilities of this chapter. No other person providing written or oral information to an expert review panel or a licensing board may be subject to civil or criminal liability for actions taken or statements made in good faith during an investigation or hearing.
Section 44-30-60. An expert review panel is considered a professional committee pursuant to Chapter 71, Title 40, 'Liability of Members of Professional Committees'. Proceedings, records, and information acquired or produced by the panel is confidential pursuant to Section 40-71-20, except that the expert review panel may notify a person or entity charged with supervision or monitoring of the requirements set forth in Section 44-30-30(3), and must notify the appropriate licensing board and the department of any occurrence of noncompliance by the health care professional with the requirements of the expert review panel.
Section 44-30-70. A health care professional who violates a recommendation of the expert review panel as set forth in Section 44-30-40 and related regulations is subject to disciplinary action by the appropriate licensing board. Nothing in this chapter prohibits the department from taking any action it considers necessary to protect the public health pursuant to Section 44-1-140.
Section 44-30-80. An educational institution providing basic training programs for health care professionals in preparation for licensure in the State shall certify annually to the department that it provides curricula for infection control, universal precautions, and sterilization and disinfection techniques appropriate for health care professionals participating in its education programs.
Section 44-30-90. The department and each licensing board shall promulgate regulations necessary to accomplish the purposes set forth in this chapter and to comply with public law no later than October 1, 1992."/
Renumber sections to conform.
Amend title to conform.
Rep. RAMA explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10034.JM), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 44-29-240. A person upon whom an exposure-prone procedure is scheduled to be performed should know his HIV antibody, HBsAg, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person upon whom an exposure-prone procedure is scheduled to be performed who does not know his status should have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.
H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
The following Bill was taken up.
H. 4453 -- Rep. Quinn: A BILL TO AMEND SECTION 30-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PUBLIC BODY" A COMMITTEE WHOSE MEMBERS ARE APPOINTED BY ADMINISTRATIVE PERSONNEL WHOSE PURPOSE IS TO RECOMMEND THE SELECTION OF A SITE FOR THE CONSTRUCTION OF A PUBLIC BUILDING.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12484.DW), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 30-4-40(a)(6) of the 1976 Code is amended to read:
"(6) All The exact compensation paid each person or employee by public bodies. except as follows:
(A) For those persons receiving compensation of fifty thousand dollars or more annually, for all part-time employees, for any other persons who are paid honoraria or other compensation for special appearances, performances, or the like, and for employees at the level of agency or department head, the exact compensation of each person or employee;
(B) For classified and unclassified employees, including contract instructional employees, not subject to item (A) above who receive compensation between, but not including, thirty thousand dollars and fifty thousand dollars annually, the compensation level within a range of four thousand dollars, such ranges to commence at thirty thousand dollars and increase in increments of four thousand dollars;
(C) For classified employees not subject to item (A) above who receive compensation of thirty thousand dollars or less annually, the salary schedule showing the compensation range for that classification including longevity steps, where applicable;
(D) For unclassified employees, including contract instructional employees, not subject to item (A) above who receive compensation of thirty thousand dollars or less annually, the compensation level within a range of four thousand dollars, such ranges to commence at two thousand dollars and increase in increments of four thousand dollars.
(E) For purposes of this subsection (6), "agency head" or "department head" means any person who has authority and responsibility for any department of any institution, board, commission, council, division, bureau, center, school, hospital, or other facility that is a unit of a public body."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 1 was out of order as it was not germane in that the Bill dealt specifically with the provisions of the Freedom of Information Act as it related to school boards and the Amendment dealt with changing the state provisions of information as it related to salaries.
The SPEAKER stated that the Bill dealt with the Freedom of Information Act and the Amendment dealt with the Freedom of Information Act and he overruled the Point of Order.
The amendment was then adopted by a division vote of 29 to 19.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3827.AL).
Amend the bill, as and if amended, by striking Section 56-5-6240, SECTION 1, and inserting:
/"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a fourth or subsequent violation within the last ten five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the head of his law enforcement agency sheriff or chief of police of the jurisdiction where the motor vehicle was seized or his authorized agent who by certified mail shall notify the clerk of court within forty-eight hours registered owner of the confiscation. However, the clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule to Show Cause and the receipt of the request. The vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid license. Forfeiture of a vehicle is subordinate in priority to all valid liens.
The law enforcement agency confiscating sheriff or chief of police in possession of the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(B) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the attorney representing the governmental entity of which that law enforcement agency is a part shall sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record. The court, after hearing, shall order that the vehicle be forfeited to the State or to the political subdivision of the State of which the law enforcement agency is a part sheriff or chief of police and sold in the manner provided herein in this section, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid driver's license. Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.
Notice of the above proceedings must be accomplished by personal service of the owner of record, lienholder of record, if any, and any other person claiming an interest in the vehicle of a certified copy of the petition or notice of hearing, and by publication of notice in a newspaper of general circulation in the county where the vehicle was seized for at least two successive weeks before the hearing.
Property constituted forfeited property by this section must be sold as provided in subsection (C).
(C) The law enforcement agency making the arrest or its authorized agent shall sell the confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it was confiscated or at another suitable location in that county after having given ten days' public notice of the sale by posting advertisement on the door or bulletin board of the county courthouse or other location of the public auction, and by publishing an advertisement of the auction at least once in a newspaper of general circulation in the county at least ten days before the auction. Upon the sale, the agency or its agent shall pay over the net proceeds, after payment of the liens and encumbrances on the vehicle, and after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale including any proper expense incurred for the storage of the confiscated vehicle, to the State or the political subdivision of this State of which the law enforcement agency is a part, for use in law enforcement. If the person fails to file an appeal within ten days after the conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. However, if the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids."/
Amend title to conform.
Rep. M. MARTIN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. M. MARTIN having the floor.
Rep. WRIGHT withdrew his objection to H. 4402 however, other objections remained upon the Bill.
Reps. R. YOUNG and GONZALES withdrew their objections to the following Bill.
H. 4514 -- Rep. Quinn: A BILL TO AMEND SECTION 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES WHICH A LENDER MAY RECEIVE IN CONNECTION WITH A CONSUMER LOAN NOT CONSIDERED FINANCE CHARGES, SO AS TO DELETE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS, AND TO ADD SECTION 37-3-211 SO AS TO PROVIDE THAT FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS ARE CONSIDERED FINANCE CHARGES.
Rep. TOWNSEND asked unanimous consent to commit H. 4379 to the Committee on Education and Public Works.
Rep. TUCKER objected.
On motion of Rep. McELVEEN, with unanimous consent, Rep. CANTY's remarks were ordered printed in the Journal as follows:
"Mr. Speaker, ladies and gentlemen of the House, as a freshman member of this Body I decided that I would listen attentively, learn the rules, vote on matters I clearly understood, and refrain from speaking at this podium during this session. Well, I rise to break my silence, the events of the last several days in Los Angeles and other isolated pockets of the country has invoked in me the desire to say something, and I pray your indulgence. Some expressed shock and disappointment with the verdict which has exonerated the keepers of the peace, the law men, who assaulted and brutalized a citizen, oh, excuse me, a black citizen, whose name is Rodney King. You know Rodney King, his name is now a household word in America and perhaps the world. Rodney King led the L.A.P.D. on a high speed chase, which earned for him a most severe beating, which could have cost him his life. Well, I was not the least bit surprised, and I suspect that you weren't either. To tell the truth, I surprised at the people who said they were surprised. It is not unusual for law enforcement officers who break the law to go unpunished. It is not unusual for law enforcement officers, who violate the rights of the very people they are suppose to protect, to be rewarded with merit badges from a jury of their peers. It is not unusual for a law enforcement officer who has killed an unarmed man to be protected by the system and exonerated by the courts. There is a trial of such travesties, smeared with the blood of the slaughtered, all along the path of American life and history. I'm not surprised, the least bit surprised, because I know, as you know, that there is a terrible imbalance in the scales of justice. The lives of Blacks carry little or no premium, except it serves the interest of the ruling class. So to insult, or assault, or eliminate it, carry little or no penalty. When a man is relegated to subhuman status and his personhood is devalued, whether he lives or dies, or how he lives, has little, if any, moral implications. So a mob of ruthless, brute and ungodly law enforcement officers whip up on another Black man...so what? I deplore any system where the evil of an action is determined by the personhood of the perpetrator. A group of Black law enforcement officers assault a white man, on video or in their dreams, and I've got a feeling the outcome will be entirely different. It ain't wrong to do wrong if you are the right person or group of persons inevitably undermines the integrity of the nation little by little its morality erodes and until nothing, at last, is left. Right is right if nobody is right and America must insist that right be the rule. Justice must plumb the line whenever and wherever evil surfaces without regard for race, religion or relation. The proponents of Law and Order must be subjects of Law and Order. And violators should be punished in a fair and equitable manner. I have had enough of the instant replays of the King abuse video. To be sure, if I could, I would personally file charges against the media for conspiracy to incite a riot. I deplore a system where the media can incite a riot and then win prizes for its journalism. No sooner than the verdict was handed down, the media started predicting and plodding trouble. Skillfully, they maneuvered from neighborhood to neighborhood, manipulating the unsuspected with probing questions and suggestive mannerisms until the lid finally blew off and there was a full scale riot. And while the band played the cameras rolled. Miles of footage was filmed while the city burned. And they did not stop while innocent observers and passersby were beaten and brutalized. I wish they had laid down the cameras and offered a helping hand to a bleeding man. I don't know if they did, but this I know, the camera kept rolling, the microphones stayed on the air and the papers kept coming off of the press. There is something sick about American journalism. Now to suggest that the media contributed significantly to the event is not to suggest that the perpetrators are any less guilty. They are not. In fact, they are guilty of the same crime, and more, of which they were supposedly rebelling against. I deplore violence and the use of force to accomplish our goals. Therefore, I deplore the savage-like behavior of a disinherited colony. The American dream, for them is at best, an illusive pot of gold at the end of a rainbow. Honorable ends cannot be achieved through disgraceful means. Good men cannot sit quietly in silence and observe injustice but neither can they pick up bats or throw bricks or burn down buildings or deface property. Good men will do good even when confronted and overwhelmed by evil. Evil is insane and will self-destruct. Wrong cannot win...'when others fail you and storm clouds assail you, remember God is still on the throne.' I don't know what it is to live in abject poverty. I don't know what it is to live in the ghetto. I don't know what it is to be a child at home all night alone. I don't know what it is to stay awake at night to prevent rats from devouring my children. I don't know what it is like to be unemployed. And I suspect that you don't either. And while we may never know what it is like to live under these circumstances, we must become increasingly more sensitive. A difference in the lives of the poor, the disadvantaged, the disenfranchised, the untutored, the unemployed will not occur in drug infested slums or on the street corners. Teenage mothers, neglected and abused children, old folk on fixed incomes, pimps, pushers and prostitutes will not make the difference. The difference will be made by men and women of honor, integrity, and intelligence who can rise above name calling, head bashing and brow beating. By men and women who sit in this chamber and others similar to it who can see beyond a person's race, sex or age. By men and women who have the faith, fire and fortitude to usher in an era when all men regardless of their race, creed or color will be provided an equal opportunity for self-actualization with a network of support that will lead them from school houses to state houses, from prisons to plants, from despair to delight, from disgust to august. Conditions in our land are extremely volatile. Wide gaps separate us. Violent hostilities rip and split the human family. Walls of hate are erected between neighbors. Mountains of pride and prejudice stand between brothers and sisters. Black and white rage against each other. There is strife between the haves and the have-nots. There is tension between various idealogies and points of view. The conservatives and liberals are at war with each other. There is little room in our hearts for toleration, mutual understanding and healthy interpersonal relations. No, my poor destitute brothers can't make a difference, but we can. Considerable energy has been expended across these chambers, of late, debating the issue of restructuring government. Well, I submit, we need desperately to focus our energies on reconciliation and reconstruction. The great threat to our way of life is not from external forces but internal strife. In this room, in this building, are the men and women who can build a truly great society. I don't favor programs which create dependency but I am prepared to embrace programs which build character, create pride, promote industry and maximize potential. We can do it. Just as we have built a prison empire and a nuclear waste dynasty, second to none, we can build a superior educational system which will produce a highly sophisticated work force which can meet the high technical demands of industry, thus propelling us into an age prosperity which can be enjoyed by us all."
The Senate amendments to the following Bill, were taken up for consideration.
H. 3787 -- Reps. J. Bailey, Barber, Fulmer, Hallman, Holt, Rama, Gonzales, R. Young, Whipper and D. Martin: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.
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. 4262 -- Rep. J. Bailey: A BILL TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF FOUR PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY.
The Senate amendments were agreed to and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. BEASLEY a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.
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.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4520 -- Reps. McElveen, Mattos, J. Bailey, Farr, Keyserling, Whipper, Jennings, Waites, Houck, D. Martin, Snow, Phillips, T.C. Alexander, Barber, Rogers, Byrd, Wilkes, Harvin, Felder, J. Harris, Hodges, McTeer, Boan, Marchbanks and Kennedy: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.
Amend Title To Conform
Whereas, South Carolina will not be able to grow and its citizens prosper unless its students are adequately educated to confront the challenges of a rapidly changing world; and
Whereas, almost one-third of South Carolina students drop out of high school and the majority of students do not pursue post-secondary education; and
Whereas, the education of those students who take general curriculum courses in high school too often leave them inadequately prepared to enter the job market upon leaving high school or to be productive citizens; and
Whereas, these students are frequently called the "forgotten half" because, while almost every other developed country in the world provides meaningful joint education and work-related experiences to encourage responsible citizenship and to develop work skills, the United States does not specifically address these students' education needs which results in one of the highest dropout rates, highest youth unemployment rates, highest youth crime rates, and highest children-in-poverty rates among developed countries. South Carolina unfortunately ranks even worse than the United States in some of these categories; and
Whereas, accountability measures established by the Education Finance Act and Education Improvement Act and continued by the Target 2000 Act have certain provisions that provide programs and funding for these types of students; and
Whereas, as the requirements of employment become more and more sophisticated, South Carolina must do a better job of working with noncollege bound high school students to make sure they are prepared for today's workplace; and
Whereas, South Carolina's broad goal in education must be to challenge every student to achieve his highest level of ability while assuring at the same time that every child is educated sufficiently to become a productive member of society. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That a committee is created to study issues relating to middle, junior high, and high school students who likely will not attend college or will drop out of school, including as areas of study such critical issues as early career counseling of these students, the Tech-Prep program, mentorship programs including the Learning Web Program, the new Oregon and Kentucky reform legislation, post-secondary options programs, the German, Dutch, and Swedish apprenticeship programs, the experience based career education and cooperative education programs, Job Corps program, school-within-a-school business academies, community service, and incentives for graduating from high school.
This committee shall investigate what is currently being provided to South Carolina students who are not college-bound, and compare that to what is being provided to students in leading developed countries and other states against which South Carolina businesses and industries compete for economic development. Such items, among others, of which the committee shall make a comparative study, are:
(1) the use of workplaces in community settings as learning environments;
(2) the link between successful employment and work experiences and academic learning through apprenticeship learning arrangements;
(3) the transition from school to work community responsibility;
(4) the fostering of close relationships between youth and adult mentors; and
(5) simultaneous experiences as a worker with real responsibility and a learner.
The committee shall consist of thirty-five members appointed as provided herein. The Speaker of the House of Representatives, the Governor, the Lieutenant Governor, the State Superintendent of Education, the Chairman of the Senate Education Committee, the Chairman of the House Education and Public Works Committee, and the Chairman of the Business-Education Subcommittee shall each appoint three members of the committee. The chairman of the committee must be elected by the committee and must not be primarily engaged in the field of education.
The Commissioner of Higher Education, Executive Director of the State Technical and Comprehensive Education System, and Executive Director of the Employment Security Commission shall each appoint two members to the committee. The remaining members of the committee must be appointed by the Commissioner of Higher Education from the following professional organizations:
(1) one member appointed upon recommendation of the State Teacher Forum;
(2) one principal of a public high school of this State appointed upon recommendation of the Secondary School Principals Association;
(3) one superintendent of a school district of this State appointed upon recommendation of the South Carolina Administrators Association;
(4) one member appointed upon recommendation of the South Carolina Vocational Directors Association;
(5) one member appointed upon recommendation of the South Carolina Association of Adult Education Directors;
(6) one member appointed upon recommendation of the State Chamber of Commerce;
(7) one member appointed upon recommendation of the Council of College Presidents; and
(8) one member appointed upon recommendation of the Council of Technical College Presidents.
A staff analysis team shall provide support for the committee. This team shall include the research directors of the Senate Education Committee and the House Education and Public Works Committee, the research director of the EIA Select Committee, and the executive director of the Business-Education Subcommittee. Other state officials or employees also shall provide help to the committee and the staff analysis team as is required.
Upon adoption of this resolution, the staff analysis team shall meet and develop a strategy to secure the appointments for this committee. Forty-five days after this resolution is adopted, the staff analysis team shall poll the appointees made by that date to determine a suitable meeting date. Upon completion of the poll, a date to have the first meeting to organize the committee must be set. Individuals or organizations which have not made or recommended appointments by that date must be reminded of the need to make their appointments or recommendations and apprised of the first meeting date.
Of the funds allocated to the EIA Select Committee for the evaluation of education programs and policies, up to $50,000 may be expended for the studies and work of the committee.
The committee and staff analysis team shall work with such organizations as the National Alliance of Business in determining which components of total quality management may effectively apply to secondary schools in general and particularly to the education of disadvantaged and students who may drop out of school or not attend college. The committee shall work with such organizations as the National Center for Education and the Economy, the National Alliance for Restructuring Education, and Business Roundtable to determine how the education processes, employment and training practices, and community services may need to be redesigned for students aged twelve to nineteen who typically enter the job market directly after leaving school or who may drop out of school. The committee shall seek the assistance of the Southern Regional Education Board and Education Commission of the States in their study and deliberations of the most promising and effective options for South Carolina. In its discretion, the committee may contract with independent entities for any evaluations or studies deemed appropriate by the committee to carry out its role as prescribed herein.
By December 15, 1992, the committee shall issue its first interim report of any findings and policy or funding changes that need to be initiated as a first phase to redesign the education and related systems or further carry out this study. By June 15, 1993, the committee shall issue its second interim report proposing the next phase of needed changes, and by December 15, 1993, it shall issue its final report. The Select Committee and Business-Education Subcommittee are responsible for monitoring the implementation of the committee's recommendations. To assist in the implementation of this resolution, the committee may create such advisory committees and subcommittees of its membership as it considers necessary. All reports of this committee shall be submitted to the House Education and Public Works Committee, the Senate Education Committee, the EIA Select Committee, the Business-Education Subcommittee and the Business-Education Partnership.
Rep. McELVEEN explained the Senate amendment.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following Concurrent Resolution was taken up.
S. 1471 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House on Wednesday, May 27, 1992, to elect a successor to The Honorable Richard E. Fields, Circuit Judge of the Ninth Judicial Circuit, whose term expires June 30, 1995; to elect a successor to The Honorable James B. Stephen, Circuit Judge At Large, Seat No. 5, whose term expires on June 30, 1997; to elect successors to The Honorable Alvin C. Biggs, Family Court Judge of the First Judicial Circuit, The Honorable Peter Nuessle, Family Court Judge of the Second Judicial Circuit, The Honorable B.J. Warshauer, Family Court Judge of the Third Judicial Circuit, The Honorable Jamie F. Lee, Family Court Judge of the Fourth Judicial Circuit, The Honorable Robert H. Burnside, Family Court Judge of the Fifth Judicial Circuit, The Honorable William M. Campbell, Family Court Judge of the Fifth Judicial Circuit, The Honorable Stuart H. Hall, Family Court Judge of the Seventh Judicial Circuit, and The Honorable John M. Rucker, Family Court Judge of the Eighth Judicial Circuit, all whose terms expire June 30, 1992; and to elect a successor to The Honorable Jeff D. Griffith, Jr., Family Court Judge of the Eleventh Judicial Circuit, whose term expires June 30, 1995.
The Concurrent Resolution was adopted and ordered returned to the Senate.
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.
Rep. ROGERS moved to dispense with the Motion Period.
As a first substitute Rep. L. MARTIN moved to recommit H. 4330 to the Judiciary Committee.
As a second substitute Rep. TOWNSEND moved to recommit H. 4379 to the Ways and Means Committee, which was agreed to.
Rep. ROGERS moved to dispense with the Motion Period.
As a first substitute Rep. L. MARTIN moved to recommit H. 4330 to the Judiciary Committee.
As a second substitute Rep. KIRSH moved to recall S. 1476 from the Ways and Means Committee, which was rejected.
As a second substitute, Rep. HASKINS moved to recall S. 1327 from the Agriculture, Natural Resources and Environmental Affairs Committee.
Rep. ROGERS moved to table the motion.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Boan Brown, J. Burch, K. Byrd Canty Cromer Delleney Elliott, D. Elliott, L. Foster Harrelson Harris, J. Harwell Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Mattos McCraw McLeod Neilson Quinn Rogers Rudnick Scott Sheheen Shirley Snow Taylor Waites Waldrop
Those who voted in the negative are:
Anderson Bailey, G. Baker Beatty Bennett Brown, H. Bruce Cato Chamblee Clyborne Cooper Corning Council Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis Meacham Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wofford Wright Young, A.
So, the House refused to table the motion to recall S. 1327.
Rep. BOAN moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Foster Gentry Glover Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Mattos McCraw McElveen McKay McLeod Neilson Nettles Phillips Rhoad Rogers Rudnick Sheheen Snow Taylor Tucker Waites Waldrop Whipper
Those who voted in the negative are:
Alexander, T.C. Altman Anderson Bailey, G. Baker Brown, H. Bruce Cato Chamblee Clyborne Cooper Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McTeer Meacham Quinn Riser Scott Sharpe Shirley Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
The question then recurred to the motion to recall S. 1327 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WRIGHT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Baker Beatty Bennett Brown, H. Bruce Cato Chamblee Clyborne Cooper Corning Council Fair Felder Fulmer Gonzales Harris, P. Harrison Haskins Hendricks Huff Jaskwhich Keegan Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis Meacham Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Boan Brown, G. Brown, J. Burch, K. Byrd Canty Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Foster Gentry Glover Hallman Harrelson Harris, J. Harvin Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Martin, M. Mattos McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Quinn Rogers Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper
So, the motion to recall S. 1327 was rejected.
As a second substitute Rep. BOAN moved to dispense with the balance of the Motion Period, which was agreed to.
The following Bill was taken up:
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Debate was resumed on Amendment No. 4, which was proposed on Wednesday, April 8, by Reps. FELDER and HARVIN.
Rep. FELDER explained the amendment and moved to table the amendment, which was agreed to.
Rep. SHIRLEY rose to a Point of Personal Privilege.
Rep. HUFF moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
The SPEAKER granted Rep. HOLT a leave of absence for the remainder of the day.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. L. MARTIN rose to a Point of Personal Privilege.
Rep. L. MARTIN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\9953.JM), which was ruled out of order.
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.
Rep. JENNINGS raised the Point of Order that Amendment No. 5 was out of order as it was not germane to the original Bill in compliance with Rule 9.3. He further stated that the Rule was intended to prohibit the short cutting of the regular three reading process of the Body by an Amendment which was not germane to the original title and subject matter of the Bill. He further stated that the litmus test was the substantial impact of the legislation itself and that the Bill amended one section of the Code, 38-77-280, and it affected only an insurer's refusal to write physical damage insurance coverage and that the Amendment proposed to change the entire tort system in the state and proposed to add an entire Chapter 78, a new chapter, to the Code. He further stated that it proposed to accomplish tort reform in a backdoor manner, make stacking of uninsured and underinsured coverage and insurability of punitive damages optional and that it partially abolished the collateral source rule and required the jury trial system for consumers who go into the judicial system. He further stated, citing a precedent from May 31, 1988, that there was subject matter on that day, the electric cooperative disillusion bill in which Rep. Burriss raised the Point of Order in which there was an effort on the floor to amend the South Carolina Business Cooperations Act and that the Speaker had sustained the Point of Order holding that the only reference that was found to the Business Corporations Act to Electric Cooperatives was the exemptions in the Act. He further stated, citing a precedent from May 23, 1989, that the Speaker had sustained a Point of Order that was raised on an Amendment as it had attempted to amend the hazardous waste bill and the Speaker sustained it holding that there were sections of the Bill that dealt incidentially with hazardous waste and that the Amendment was designed to be a comprehensive regulation of infectious waste and that the substantial impact test was used in holding that the substantial impact of the main legislation and the substantial impact of the Amendment were not the same. He further stated that on April 22, 1992, the Speaker Pro Tempore had sustained a Point of Order raised on an Amendment that attempted to add a Constitutional Convention Provision to the restructuring bill and that the effect of the Amendment was to revise the entire Constitution and it was ruled out of order under Rule 9.3. He further stated that it had been referred to before as bobtailing since it bobtailed one section of the Code into bringing something much more comprehensive than intended.
Rep. T. C. ALEXANDER stated that Section 5 of the Bill dealt with the mandate and the original intent in the Bill itself dealt with the mandate on insurance and that it dealt with the same title of the Code and it addressed no other part of that.
Rep. L. MARTIN stated that Rule 9.3 provided that nothing shall prevent the adoption of an Amendment which rewrites the Bill in its entirety if the Bill as rewritten remains germane to the original title of the Bill and that the germaneness rulings primarily related to the title of the Bill and if it related in subject matter or to the Code Section and in this case it was obviously germane as it related to the subject and the Code Section. He further stated that precedents had always required that Amendments do that and in Mason's, Section 402, Subsection 3, to be germane the Amendment was required only to relate to the same subject even though it may entirely change the effect of the motion or measure and still be germane to the subject. He further stated citing Subsection 4 of Mason's, Section 402, that an entirely new proposal may be submitted by amendment so long as it is germane to the main purpose of the original proposal. He further stated that the Bill and the Amendment did cover the same subject matter even though the Amendment went beyond S. 385, it was without question germane to the title of the Bill under the Rules and precedents.
Rep. McELVEEN stated that Sections 10-14 of the Bill dealt with Chapter 56.
Rep. JENNINGS stated that the key words in Rule 9.3 were if the Bill as rewritten remained germane to the original title of the Bill and that the original title of the Bill affected only Section 38-77-280 in regard to physical damage coverage and that the Amendment had a four page title and rewrote the entire fault liability system. He further stated, citing pages 2-5 of the Amendment, that it constantly referred to a comparison of the new personal protection policy system to the traditional liability system. He further stated that it was not germane to the original title of the Bill as and if rewritten by this substantial Amendment.
Rep. HODGES stated, citing a precedent from May 1, 1991, that there was an attempt by Rep. Fair to amend the living will legislation and that it was ruled that the Amendment would add a new chapter to the Code and therefore, it was not germane.
The SPEAKER stated that he had read the entire Bill and that the only reference that he found in the Bill which dealt with the subject matter relevant to the title was found on pages 43-47. He further stated that the other pages dealt with other subject matters and was reflected in the title to H. 4521, which was the choice no fault bill which was reported out by the Committee and that title itself was five and a half pages long on the Bill. He further stated that if he allowed what was being done in the Amendment then he would be allowing to substantially rewrite the Bill with non germane subject matter to the original title of the Bill which only dealt with the one Code Section and the mandate to write physical damage. He further stated that Rep. Martin's bill also revised that one Code Section, but that it also substantially revised a number of other Code Sections. He further stated that the Committee had obviously thought it was important enough to address it in another bill and he sustained the Point of Order and ruled the Amendment out of order.
Rep. SHARPE moved that the house do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
The Senate returned to the House with concurrence the following:
H. 4812 -- Rep. Taylor: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. AND MRS. JOSEPH C. WOODARD OF RICHLAND COUNTY FOR HAVING MAINTAINED IN THEIR FAMILY A FARM SINCE 1885.
At 5:05 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Mrs. Nivey Childress of Laurens, to meet at 10:00 A.M. tomorrow.
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