Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. James (NIV 2:20-22):
"You foolish man, do you want evidence
that faith without deeds is useless?
Was not our ancestor Abraham considered
righteous for what he did when he offered
his son Isaac on the altar? You see that
his faith and his actions were working
together, and his faith was made complete
by what he did."
Let us pray.
Our Father, You have long since freed us from the slavery of the idea that the world owes us a living.
When we are honest with ourselves, we know that we, in the Name of God, owe to our Maker... and the world... a life lived as a faithful steward.
Help us... each day... to hear anew the refrain of the old hymn:
"Work for the night is coming
when man's work is done."
Help us... most of all... to know that, in its highest form, WORK, TOO, IS WORSHIP!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 27, 1991
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire on September 6, 1993:
Building Materials Supplier:
Mr. John F. Miller, Post Office Box 471, Camden, South Carolina 29020
Referred to the General Committee.
May 28, 1991
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Juvenile Parole Board, At-Large, with term to expire on September 30, 1995:
Mr. Herbert J. Walton, 2 Piney Woods Lane, Greenville, South Carolina 29605 VICE James P. Coggins
Referred to the Committee on Corrections and Penology.
May 29, 1991
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire on July 1, 1992:
Marion/Florence:
Honorable R.L. Cockfield, 401 East Main Street, Lake City, South Carolina 29560 VICE Herbert Ames (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Appointment, Member, Commission on Mental Retardation, with term to expire on June 30, 1994:
6TH Congressional District:
Mrs. Judy P. Fuller, 2152 Hart Road, Florence, South Carolina 29501 VICE Doris G. Woods
Referred to the Committee on Medical Affairs.
Reappointment, Member, South Carolina Advisory Board for Victim Assistance, with term to expire on September 1, 1996:
Sexual Assault Prevention/Treatment:
Dr. Dean G. Kilpatrick, Department of Psychiatry - MUSC, 171 Ashley Avenue, Charleston, South Carolina 29425
Referred to the Committee on Corrections and Penology.
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire on July 1, 1992:
Newberry/Laurens:
Mr. Steven M. Lamb, 600 South Broad Street, Clinton, South Carolina 29325 VICE W. Hance Finley (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, South Carolina Tobacco Advisory Commission, with term to expire on September 15, 1993:
S.C. Tobacco Warehouse Association:
Mr. James C. Lynch, Route 4, Box 19, Lake City, South Carolina 29560
Referred to the Committee on Agriculture and Natural Resources.
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire on July 1, 1995:
Greenville/Pickens:
Mrs. Ellen C. Dye, 200 McAlister Lake Drive, Easley, South Carolina 29642 VICE Ford Waldrop
Referred to the Committee on Labor, Commerce and Industry.
Appointment, Member, South Carolina Tobacco Advisory Commission, with term to commence on September 16, 1991, and to expire on September 15, 1993:
Farm Bureau:
Mr. Floyd Coleman Worley, Route 4, Box 830, Nichols, South Carolina 29581 VICE Frank Munn
Referred to the Committee on Agriculture and Natural Resources.
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire on July 1, 1995:
Charleston/Berkeley:
Mrs. Catherine M. Russell, 26 Eton Road, Charleston, South Carolina 29407 VICE Gary LeCroy
Referred to the Committee on Labor, Commerce and Industry.
Columbia, S.C., May 27, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3952, R.153 by a vote of 8 to 0:
(R153) H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: AN ACT TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.
Very respectfully,
Speaker of the House
(R153) H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: AN ACT TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.
The veto of the Governor was taken up for immediate consideration.
Senator MARTSCHINK moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courson
Drummond Fielding Giese
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leatherman Leventis
Long Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Washington Williams Wilson
The veto of the Governor was overridden.
Columbia, S.C., May 27, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3959, R.128 by a vote of 8 to 0:
(R128) H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.
Very respectfully,
Speaker of the House
(R128) H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.
The veto of the Governor was taken up for immediate consideration.
Senator PASSAILAIGUE moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courson
Drummond Fielding Giese
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leatherman Leventis
Long Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Washington Williams Wilson
The veto of the Governor was overridden.
May 30, 1991
Senator MARSHALL B. WILLIAMS
PRESIDENT PRO TEMPORE
South Carolina State Senate
#101 Gressette Building
Columbia, South Carolina 29201
Dear Marshall:
For the past thirty-two years, I have been honored by the people of Spartanburg County who have elected me to serve for eight years in the South Carolina House of Representatives and for the past twenty-four years in the State Senate. My service has been a labor of love and respect for those who have elected me, the distinguished colleagues with whom I have served, and the institution of the Senate.
Although I firmly believe that the Senate, upon presentation of the facts of my involvement in the Skylyn Hall matter, would see fit not to expel me, I refuse to place my colleagues in that position and force the Senate to endure such an experience. Therefore, in the best interests of the people of Spartanburg County and the Senate, I hereby tender my resignation effective immediately.
I deeply appreciate the friendship of each Senator and members of the Staff and wish the best for this institution which I love so dearly.
With kindest regards, I am,
Respectfully,
HORACE C. SMITH
Senator, Spartanburg County
Senate District #13
Senator WILLIAMS moved that the Senate accept the resignation of Senator HORACE C. SMITH.
The resignation was accepted.
Mr. PRESIDENT and my colleagues in the Senate, nothing I can say here today could either take away or add to the stature of Horace Smith.
I was first elected to the General Assembly in the House in 1950 and began serving in 1951 and one of my colleagues was Horace Smith. We passed the first sales tax. We took the first step away from single room school houses and hundred dollars a month school teachers. I have gone a long way with Horace and I know of no man with a better character and a more untarnished integrity than Horace Smith. I've seen no man that has had any tougher luck than he has had in his situation.
Most all of you are familiar with the facts and, certainly, we are not going to retry them or try to justify anything. Horace has had excellent legal representation. There are a few aspects that I want to pass on to the Senate that might help clarify some facts about the events.
The only thing in the world Horace is guilty of, is taking the word of an Episcopal minister, and believing it, and certifying it to be truthful. Well, we, as lawyers, know that this is not quite enough; but, nevertheless, Horace relied on that man as a friend and as a reputable individual. Normally, that is not a criminal activity. It is something that subjects a man to civil liability. Horace later found out that this man made a representation to him that he had presold 60 units. He had given Horace the names and addresses of 60 people. Horace later found out that these 60 people, many of them, had been taken from the telephone book. When Horace found out the truth, he did nothing about it as you noted in the brief.
I wondered about that. Maybe Horace should have done something about it. But there is a reasonable, logical reason for Horace not doing anything about it. That is, at the time Horace found out about it, the money had been spent. Had he notified people, this project would have had absolutely no chance of success. But by not notifying, the project had an opportunity to succeed. So Horace made that choice and whether that was a good choice or a bad choice, it was a choice that he felt was in the best interests of the bondholders and everybody else. If it had ever been publicized that that man had lied to him, then the project would have had absolutely no opportunity of success.
I was advised that Horace got on these people and said, "Sell those units; sell those units." And they were selling the units. The number of units sold got up in the fifties. Then they had a strike. The contractors, the laborers, struck. This was reported on TV and in the newspapers and so, the people who had bought into the project drew down their deposits and the project lost the sales.
They began to sell them again and then they had a fire. Ultimately, the project failed. It then became a situation for a civil lawsuit. And Horace, sitting here for the last two or three years, was involved in a civil lawsuit that jeopardized him personally and his family, and his financial security, for the last two or three years. That was finally settled and, as you saw in the brief, Horace's insurance company paid a substantial amount of money and Horace spent $140,000 of his own money to try to make whole some of the people who suffered from his having the trust of this particular individual.
But he was indicted. There was another law firm involved whose company paid about a million dollars. Somebody was negligent in that law firm, but Horace was the only one indicted. I don't know the facts. I'm not arguing that. But, when you are indicted with securities fraud, there is no misdemeanor with which you can be charged. He was charged with the least thing that a man can be charged with, but even the least thing is a felony. In the federal courts, any crime that carries the possibility of service of a sentence of more than a year is classified as a felony. The brief that was passed out to you is prepared by the District Attorney. It was prepared to persuade the Judge that even though Horace had no actual intent to defraud, that there was a constructive intent because of his recklessness and willfulness. This is the only charge that I'm aware of where recklessness and willfulness imputes an intent. I am advised that this is the only prosecution that has ever been had in South Carolina for this particular activity. Be that as it may, I'm not arguing that. That's water over the dam.
Horace was then faced with the situation of having to plead guilty to a felony. Of course, he was faced with a situation of putting this body in disarray with the certainty of voting in the same time frame with others who have committed criminal offenses with intent to defraud. Rather than do that, he has chosen the honorable way and I take my hat off to him for it. The people in Spartanburg have every respect for him and will continue to have that respect. I believe that his colleagues in the Senate will continue to have that respect.
One of the greatest rewards that I've had for my years of service has been knowing him and his family and being privileged to associate with them socially and knowing a man of this quality and character. Horace Smith has been, and always will be, a quality gentleman. He has been a victim of circumstances, of being nothing in the world more than negligent by doing what many people might have done, "there, but for the grace of God, go I". He was negligent in taking the word of a man he felt that he could trust and depend upon; and that man betrayed him.
Because of that, he has gone through three or four years of civil unrest and cost himself money, peace of mind, and many sleepless nights. Moreover, it has caused him to resign from a body that he dearly loves. He's paid the most awesome price for doing nothing in the world but put his confidence in an individual who happens to be an Episcopal minister.
I know that this body as individuals and collectively will not take this resignation as anything but the true mark of the man. He was a quality Senator and he remains a quality gentleman. We will miss him because the body is the loser in this case. Because we have lost one of the most hard-working Senators that we can trust and the public can trust. We will miss him and we wish Horace Smith and his family the very best.
I certainly am not the spokesman for this body, but, I can sense that I speak from the spirit of certainly most of the members of this body that we feel that Horace Smith has been, not taken advantage of, I'm not saying that, but he's been certainly unlucky. Our rules do not give any flexibility; it uses the word, "felony", and if that felony is committed by implied intent or true intent, it's the same thing. Rather than buck those rules, he has respected those rules like he respects this body.
Thank you very much for you attention. And God bless you, Horace.
It's hard for me to talk. And I want for Horace Smith, to say a word in his behalf. We are not any blood kin. I love him like a brother. And I think how many times people have put papers in front of me and I trusted them to tell me what was in them and signed them. God, I'll bet a hundred times; a thousand times. Horace Smith is going through something that, by the grace of God, it could be me. And, I still hold him in the highest respect. And, I think he's a high toned Christian gentleman.
(On motion of Senator LONG, with unanimous consent, ordered printed in the Journal)
The following Senators endorsed the remarks of Senators MARTIN and J. VERNE SMITH regarding the resignation of Senator HORACE C. SMITH of Spartanburg:
JAMES E. BRYAN, JR.
JOHN COURSON
JOHN LAND
THEODORE W. MITCHELL
THOMAS L. MOORE
MIKE MULLINAX
WILLIAM H. O'DELL
ERNIE PASSAILAIGUE
HARVEY S. PEELER, JR.
JOHN R. RUSSELL
RYAN C. SHEALY
JOE WILSON
I wish to be recorded as concurring in the foregoing remarks and appreciate the speaker's remarks on behalf of a fine gentleman and hard working Senator, my friend, HORACE C. SMITH.
Senator GIESE introduced Dr. O'Neill Barnett, Jr. of Columbia, S.C., Doctor of the Day.
Columbia, S.C., May 30, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Wilkins, McTeer and Hodges of the Committee of Conference on the part of the House on:
S. 999 -- Senators Williams, Waddell, Martin and Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 27, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3185 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BANK OR BANKING INSTITUTION MUST ESTABLISH A SURPLUS ACCOUNT AND THE AMOUNT REQUIRED TO BE KEPT IN IT AND IN A MINIMUM DEPOSIT RESERVE, SO AS TO DELETE THOSE REQUIREMENTS AND REQUIRE EVERY STATE BANK WHICH IS NOT A MEMBER OF THE FEDERAL RESERVE SYSTEM TO MAINTAIN THE SAME RESERVES AGAINST DEPOSITS AS IS REQUIRED FOR A STATE BANK WHICH IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AND THE MANNER IN WHICH THEY MUST BE MAINTAINED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 27, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Boan, Mattos and McTeer of the Committee of Free Conference on the part of the House on:
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 940, R.104, by a vote of 4 to 0:
(R.104), S. 940 -- Senator Washington: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos, and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3465 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3051 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING, AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3529 -- Rep. Keyserling: A BILL TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO APPOINT A PERSON TO REPRESENT THEM.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-230, 44-23-1010, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1060, 44-23-1070, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR THE FELONIES OF KIDNAPPING IN THE FIRST DEGREE, KIDNAPPING IN THE SECOND DEGREE, UNLAWFUL RESTRAINT IN THE FIRST DEGREE, AND UNLAWFUL RESTRAINT IN THE SECOND DEGREE, TO DEFINE CERTAIN TERMS IN REGARD TO THESE OFFENSES, AND TO REVISE THE CRIME OF CONSPIRACY TO KIDNAP; AND TO AMEND SECTION 16-1-10 OF THE 1976 CODE, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THESE CRIMES AS FELONIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3714 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE IV-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1018 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS' TRACK AND FIELD TEAM OF NINETY SIX HIGH SCHOOL, GREENWOOD COUNTY, ON WINNING THE 1991 CLASS AA STATE CHAMPIONSHIP IN TRACK AND FIELD.
Returned with concurrence.
Received as information.
S. 1019 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER COLLEGE ON WINNING THE 1991 NAIA MEN'S TENNIS CHAMPIONSHIP AT KANSAS CITY, MISSOURI.
Returned with concurrence.
Received as information.
S. 957 -- Senators Shealy, Moore, Setzler and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS, THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES DEPARTMENT OF ENERGY TO SELECT THE SAVANNAH RIVER SITE IN AIKEN COUNTY, SOUTH CAROLINA, AS THE SITE FOR THE CONSTRUCTION AND OPERATION OF THE PROPOSED PRODUCTION REACTOR.
Returned with concurrence.
Received as information.
S. 989 -- Senators Lourie, Passailaigue, Washington and McConnell: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT SENATE BILLS 942 AND 943 GIVING PRIORITY FOR PLANTING AND MAINTAINING TREES UNDER FEDERAL FORESTRY PROGRAMS TO AREAS THAT HAVE SUFFERED TREE LOSS DUE TO ENVIRONMENTAL DISASTERS.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1020 -- Senators Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE INTERCHANGE AT THE SOUTHEASTERN BELTWAY AND BLUFF ROAD IN RICHLAND COUNTY THE "ISADORE E. LOURIE INTERCHANGE".
With unanimous consent by Senator COURSON, ordered placed on the Calendar without reference.
S. 1021 -- Senator Courson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO PASS HOUSE BILLS 303 AND 304 AND SENATE BILL 190 SO THAT MILITARY RETIREES WHO ARE VA RATED SERVICE CONNECTED DISABLED CAN RECEIVE THE RETIREMENT PAY THEY HAVE EARNED AS WELL AS THE VETERANS' ADMINISTERED BENEFITS INCLUDING DEPENDENTS' ALLOWANCE, AID, AND ASSISTANCE, WITH NO OFFSET IN THEIR MILITARY RETIREMENT PAY.
With unanimous consent by Senator COURSON, ordered placed on the Calendar without reference.
S. 1022 -- Senators Land, Mullinax, McConnell, Hinson, Peeler, Pope, Williams, Patterson, Fielding, Long, Leventis, Matthews, Washington, O'Dell, Reese, McGill, Holland and Hinds: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF THE GOVERNOR, SO AS TO PROVIDE THAT NO PERSON ELECTED GOVERNOR MAY SERVE TWO CONSECUTIVE TERMS.
Senator LAND spoke on Joint Resolution.
Read the first time and referred to the Committee on Judiciary.
S. 1023 -- Senators Shealy and Wilson: A BILL TO AMEND SECTION 11-35-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETITIVE SEALED BIDDING PURSUANT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REQUIRE AN AGENCY REJECTING A LOWER BID TO FILE A COPY OF THE BID AND AN EXPLANATION OF WHY IT WAS NOT SELECTED WITH THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS AND THE ATTORNEY GENERAL'S OFFICE.
Read the first time and referred to the Committee on Judiciary.
S. 1024 -- Senator Reese: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1025 -- Senators J. Verne Smith, Thomas, Leatherman and Wilson: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FROM NINETY TO ONE HUNDRED TWENTY DAYS FOR A PERSON WHO REFUSES TO SUBMIT TO THE TESTS, TO PROVIDE THAT IF A PERSON SUBMITS TO A TEST AND THE TEST RESULTS INDICATE THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, AND TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM.
Read the first time and referred to the Committee on Judiciary.
S. 1026 -- Senator Holland: A BILL TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator HOLLAND, S. 1026 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1027 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR AND ENDORSEMENT OF THE COLUMBIA ORGANIZING COMMITTEE AND ITS EFFORTS TO ENSURE THAT THE CITY OF COLUMBIA PLAYS A PART IN AND MAKES A SIGNIFICANT CONTRIBUTION TO THE 1996 SUMMER OLYMPICS IN ATLANTA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1028 -- Senators Martschink, Washington, McConnell, Fielding and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO WELCOME THE RYDER CUP MATCHES TO THE UNITED STATES, AND TO EXTEND APPRECIATION TO THE PGA OF AMERICA FOR HAVING SELECTED KIAWAH ISLAND, SOUTH CAROLINA, AS THE SITE FOR THE PRESTIGIOUS 1991 RYDER CUP MATCHES.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3758 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 22 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CARMICHAEL'S BRIDGE AND THE BRIDGE ON HIGHWAY 45 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CAMPBELL'S BRIDGE.
Whereas, two bridges over the Little Pee Dee River in Dillon County have important historical significance in that these bridges also identify the communities surrounding them; and
Whereas, the members of the General Assembly, by this resolution, believe it would be appropriate to formally name these bridges in the maner they were historically known. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, hereby request the Department of Highways and Public Transportation to name the bridge on Highway 22 over the Little Pee Dee River in Dillon County as Carmichael's Bridge and the bridge on Highway 45 over the Little Pee Dee River in Dillon County as Campbell's Bridge.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
On motion of Senator LOURIE with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Rt. 2 Box 206
Dillon, S.C. 29536
February 22, 1991
The Honorable Marion H. Kinon
Drawer 271
Dillon, S.C. 29536
Subject: Carmichael's Bridge
and Campbell's Bridge
Dear Mr. Kinon:
In the history of Dillon\Marion Counties*, these two bridges identified communities. Campbell's Bridge was a post office as early as 1840. When the roads were changed the bridges (on # 22 and # 45) were built a very short distance from the original site.
Do you think that the S.C. Highway Dept. might identify those bridges on the highway map and eventually place a sign giving the name of Carmichael on 22, and Campbell on 45?
Your assistance will be appreciated.
Sincerely,
Cordelia G. Campbell
*Sample of references: Sellers A History of Marion Co.
Carmichael's Bridge pgs. 443-444
Campbell's Bridge pgs. 322-325
Stokes The History of Dillon County
Carmichael's Bridge pgs. 9, 147
Campbell's Bridge 9, 102, 154, 278, 285, 119, 56.
(On motion of Senator LOURIE, with unanimous consent, ordered printed in the Journal)
H. 3834 -- Judiciary Committee: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1992 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Judiciary.
H. 4021 -- Reps. Rogers and J. Brown: A BILL TO AMEND ACT 280 OF 1979, RELATING TO THE TAX LEVY FOR RICHLAND AND LEXINGTON COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1991, A SCHOOL TAX FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICT 1 MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4022 -- Orangeburg Delegation: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION AND TO DEVOLVE UPON THE COUNTY SCHOOL DISTRICTS ALL POWERS AND DUTIES OF THE COUNTY BOARD EXCEPT FOR THE ELECTION OF TRUSTEES WHICH BECOMES THE RESPONSIBILITY OF THE COUNTY ELECTION COMMISSION AND FOOD SERVICE SUPERVISION AND ATTENDANCE SUPERVISORS WHICH BECOME THE RESPONSIBILITY OF A CONSORTIUM FORMED BY THE COUNTY SCHOOL DISTRICTS.
Read the first time and referred to the Local Delegation.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.
Bryan Courson Hayes
Hinds Hinson Macaulay
Mitchell Moore Patterson
Peeler Russell Smith, N.W.
J.V. Smith Thomas Washington
Wilson
Giese Helmly
Ordered for consideration tomorrow.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:50 A.M. and the following Acts were ratified:
(R177) S. 534 -- Senators Helmly, Land, Rose, Passailaigue and Long: AN ACT TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO INCLUDES ELECTRIC COOPERATIVES AND ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988; AND TO ADD SECTION 12-37-905 SO AS TO PROVIDE THAT EVERY PERSON REQUIRED BY LAW TO MAKE A PROPERTY TAX RETURN TO THE COUNTY AUDITOR MUST FILE THE RETURN WITH THE COUNTY AUDITOR ON OR BEFORE APRIL THIRTIETH FOR PROPERTY OWNED AS OF THE PRECEDING DECEMBER THIRTY-FIRST.
(R178) S. 431 -- Senator Drummond: AN ACT TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT; AND TO PROVIDE THAT NO WARRANT FOR DRAWING AND UTTERING A FRAUDULENT CHECK MAY BE OBTAINED MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE THE CHECK WAS UTTERED.
(R179) S. 707 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.
(R180) S. 789 -- Senator Bryan: AN ACT TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.
(R181) S. 843 -- Judiciary Committee: AN ACT TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER.
(R182) H. 3051 -- Rep. D. Elliott: AN ACT TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE WIDENING AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES; AND TO AMEND SECTION 5-37-90, RELATING TO THE REMOVAL, ALTERATION, OR CHANGE OF AN IMPROVEMENT AS DEFINED IN SECTION 5-37-20, SO AS TO PROVIDE THAT THE IMPROVEMENT IS NOT REQUIRED TO BE THE SOLE AND UNRESTRICTED PROPERTY OF THE MUNICIPALITY, STATE, OR OTHER PUBLIC ENTITY.
(R183) H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: AN ACT TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO DECREASE THE PENALTY FOR KIDNAPPING AND CONSPIRACY TO KIDNAP FROM A MAXIMUM LIFE IMPRISONMENT TO THIRTY YEARS.
(R184) H. 3529 -- Rep. Keyserling: AN ACT TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO DESIGNATE A PERSON TO REPRESENT HIM UPON APPROVAL OF THE GOVERNING BOARD OF THE RESPECTIVE INSTITUTION.
(R185) H. 3832 -- Rep. Kirsh: AN ACT TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.
(R186) H. 3167 -- Rep. Kirsh: AN ACT TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A PROMOTER'S BINGO LICENSE AND A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, TO PROVIDE FOR NO ADDITIONAL FEES FOR LOCATION TRANSFERS, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE THAT THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES MUST BE TORN IN HALF WHEN THE PLAYER ENTERS, TO ALLOW A NONPROFIT ORGANIZATION TO HOLD ONLY ONE BINGO LICENSE, TO PROVIDE THAT THE REQUIRED BOND IS SECURITY FOR ALL STATE TAXES, PENALTIES, INTEREST, FINES, FEES, AND WARRANT COSTS, AND TO DELETE THE BOND REQUIREMENT FOR CLASS E LICENSES.
(R187) H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: AN ACT TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL, MENTALLY RETARDED, HOMELESS, OR ON PUBLIC ASSISTANCE, TO PROVIDE DEFINITIONS AND PROCEDURES FOR VERIFICATION OF HOMELESSNESS, AND TO REQUIRE THE DEPARTMENT TO REPORT THE FISCAL IMPACT AFTER ONE YEAR.
(R188) H. 3358 -- Rep. Altman: AN ACT TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS AND CERTAIN EXCEPTIONS.
(R189) H. 3412 -- Rep. Waldrop: AN ACT TO AMEND SECTION 12-31-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; AND TO AMEND SECTION 12-45-15, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS, SO AS TO REVISE THESE REQUIREMENTS AND THE PENALTIES FOR FAILURE TO SATISFACTORILY COMPLETE THEM.
(R190) H. 3713 -- Rep. Hodges: AN ACT TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT ALLOWED COUNTIES, CIRCUIT SOLICITORS, AND CIRCUIT COURTS FROM THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO ALLOW REIMBURSEMENT FOR SHERIFFS.
(R191) H. 3185 -- Rep. Kirsh: AN ACT TO AMEND SECTION 34-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BANK OR BANKING INSTITUTION MUST ESTABLISH A SURPLUS ACCOUNT AND THE AMOUNT REQUIRED TO BE KEPT IN IT AND IN A MINIMUM DEPOSIT RESERVE, SO AS TO DELETE THOSE REQUIREMENTS AND REQUIRE EVERY STATE BANK WHICH IS NOT A MEMBER OF THE FEDERAL RESERVE SYSTEM TO MAINTAIN THE SAME RESERVES AGAINST DEPOSITS AS IS REQUIRED FOR A STATE BANK WHICH IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AND THE MANNER IN WHICH THEY MUST BE MAINTAINED; AND TO AMEND SECTION 12-13-30, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN ASSOCIATION LOCATED IN THIS STATE MUST PAY INCOME TAX MEASURED BY ITS NET INCOME FROM ALL SOURCES, WITH CERTAIN EXEMPTIONS, SO AS TO CLARIFY THAT INTEREST EARNED ON DEPOSITS AT THE FEDERAL HOME LOAN BANK OF ATLANTA FOR THESE ASSOCIATIONS WHICH MEET THE THRIFT LENDER TEST SET BY FEDERAL LAW IS EXEMPT.
(R192) H. 3721 -- Reps. Burriss and McAbee: AN ACT TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, FOR A SALE WHICH WAS NOT MADE BY THAT PERSON, AND TO ALSO MAKE IT ILLEGAL FOR A PERSON, WITHOUT THE ACQUIRER'S EXPRESS AUTHORIZATION, TO EMPLOY OR SOLICIT AUTHORIZED MERCHANTS, OR ANY AGENT OR EMPLOYEE OF THE MERCHANT, TO REMIT TO AN ISSUER OR ACQUIRER, FOR PAYMENT, A FINANCIAL TRANSACTION CARD RECORD OF SALE FOR A SALE WHICH WAS NOT MADE, AND TO PROVIDE PENALTIES FOR VIOLATION.
(R193) H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.
(R194) H. 3767 -- Reps. Foster, Kirsh, Hayes and Meacham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-29-230 SO AS TO DESIGNATE PORTIONS OF THE LITTLE PEE DEE RIVER, THE BROAD RIVER, AND THE SALUDA RIVER AS SCENIC RIVERS; AND TO REPEAL SECTION 1 OF JOINT RESOLUTION 385 OF 1990 RELATING TO DESIGNATION OF A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.
(R195) H. 3629 -- Rep. Koon: AN ACT TO AMEND SECTION 38-73-1380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OR SUBSCRIBERS OF RATING ORGANIZATIONS UTILIZING RATES OR PREMIUM CHARGES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES, SO AS TO PROVIDE THAT THE APPROVAL AND PUBLIC HEARING REQUIREMENTS OF THIS SECTION ARE NOT REQUIRED TO APPROVE AN EXPENSE COMPONENT FILED BY A MEMBER OR SUBSCRIBER FOR ANY LINE OF INSURANCE EXCEPT PRIVATE PASSENGER AUTOMOBILE INSURANCE, UNLESS THAT MEMBER'S OR SUBSCRIBER'S TOTAL WRITTEN PREMIUMS FOR THAT LINE DURING THE PREVIOUS CALENDAR YEAR EQUALED OR EXCEEDED THREE PERCENT OF THE TOTAL WRITTEN INSURANCE PREMIUMS FOR THAT LINE FOR THAT YEAR.
(R196) H. 3164 -- Rep. McAbee: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.
(R197) H. 3764 -- Reps. Koon and Klapman: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-258 FROM HIGHWAY NO. 1 TO ROAD S-255 IN LEXINGTON COUNTY AND TO TRANSFER IT TO THE TOWN OF LEXINGTON.
(R198) H. 3165 -- Rep. McAbee: AN ACT TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (N05\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of Wednesday, May 22, 1991.
Senator LEATHERMAN spoke on the amendment.
Debate was interrupted, Senator LEATHERMAN retaining the floor.
By previous action of the Senate, the time certain had arrived to vote on the entire matter of S. 935.
Senator THOMAS made a Parliamentary Inquiry as to what would be the status of S. 417 pending the conclusion of the debate on S. 935.
The PRESIDENT stated that upon conclusion of the debate on S. 935, the Senate would return to a consideration of S. 417, with the Senator from Florence retaining the floor.
S. 935 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.
Senator FIELDING was recognized to speak on the Bill.
Senator FIELDING made the following motion, which was adopted:
I move that pending a reply from the House, the Senate carry over the matter of S. 935 with all of the qualifications that apply in its present status, and that we send a message to the House informing the House that the Senate has rescinded ratification and request that the House rescind ratification.
A message was sent to the House accordingly.
The Bill was carried over.
H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: A BILL TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A CURRENT SURETY BOND OR INSURANCE POLICY TO RETAIN LICENSURE; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND OR POLICY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.
On motion of Senator LONG, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
Senator LONG asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LONG, H. 3411 was ordered to receive a third reading on Friday, May 31, 1991.
H. 3513 -- Reps. Keegan, Sharpe, Corbett, M. Martin, Smith, D. Elliott, Littlejohn, Gonzales, Marchbanks, Beasley, Haskins, Rama, A. Young, Meacham and Bruce: A BILL TO AMEND SECTIONS 61-5-60 AND 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR SUSPENSION OR REVOCATION OR NONRENEWAL OF A LICENSE TO SELL ALCOHOLIC LIQUORS AND THE ACTS WHICH ARE PROHIBITED ON PREMISES LICENSED TO SELL BEER AND WINE, SO AS TO PROHIBIT BOTTOMLESS ENTERTAINMENT AT PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AND BEER AND WINE.
On motion of Senator LONG, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
Senator LONG asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
On motion of Senator LONG, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Finance.
Senator WADDELL asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
On motion of Senator WADDELL, with unanimous consent, the Bill was given priority status on the Calendar.
H. 3813 -- Reps. Wilkins, Hayes, Gentry, Clyborne and Baxley: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
Senator WILLIAMS asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
Senator WILLIAMS asked unanimous consent to substitute H. 3813 for S. 863 on the Calendar.
S. 863 -- Senator Land: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.
Senator LONG asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (RES3280.002) proposed by Senator McCONNELL and previously printed in the Journal of May 27, 1991.
Senator LEATHERMAN objected to further consideration of the Bill.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.
Senator LONG asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Bill was read the third time, passed and ordered returned to the House of Representatives.
H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.
Senator LONG asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (RES 3280.002) proposed by Senator McCONNELL and previously printed in the Journal of May 27, 1991.
On motion of Senator McCONNELL, with unanimous consent, the amendment was withdrawn.
On motion of Senator LONG, with unanimous consent, Amendments Numbers 2, 3 and 4 were withdrawn.
Senator LONG proposed the following amendment (RES3280.003), which was adopted:
Amend the committee report, as and if amended, page ii, by deleting lines 26 through 38 in their entirety.
Amend the committee report further, as and if amended, page ii, by deleting lines 43 and 44 in their entirety, and page iii, by deleting lines 1 and 2 in their entirety.
Renumber remaining items to conform.
Amend title to conform.
Senator LONG explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY asked unanimous consent to offer an amendment to H. 3613.
There was no objection.
Senator SALEEBY proposed the following amendment (N05\7633.BD), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 56-10-280 of the 1976 Code is amended to read:
"Section 56-10-280. (A) All Contracts or policies of insurance issued to meet the financial responsibility requirements prescribed in this chapter must be issued for not less than six months. A contract or policy of insurance remains in full force and effect at least sixty days notwithstanding any a power of attorney which may purport to give the attorney-in-fact the right to effect cancellation on behalf of the insured;. However, a contract or policy may be canceled within the first sixty days only under one or more of the following circumstances:
(1) A check or bank draft tendered by the insured for payment of premium is returned unpaid for insufficient funds or other reason by the insured's financial institution; or.
(2) The insured produces satisfactory proof from the Department of Highways and Public Transportation that he has sold or otherwise disposed of the insured vehicle or surrendered its tags and registration.
(3) The insured has secured another policy that meets the financial responsibility requirements prescribed in this chapter.
(B) The provisions of This section do does not prohibit refunds to the insured for cancellations after sixty days resulting from causes other than nonpayment of premium. Where an insurance company cancels a contract or policy pursuant to this section for nonpayment of premium under the circumstances described above in subsection (A) which occurs within the first sixty days, the insurance company or agent is entitled to may charge and collect a fifteen dollar penalty in addition to that otherwise provided by law, and the penalty charge is not a premium charge."/
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators MARTIN, SALEEBY and SETZLER proposed the following amendment (BIN3722.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Section 37-1-301(16) of the 1976 Code is amended to read:
"(16) `Lender credit card or similar arrangement' means an open-end credit arrangement or loan agreement, other than a seller credit card, pursuant to which a lender gives a debtor the privilege of using a credit card, letter of credit, or other credit confirmation or identification in transaction transactions out of which debt arises:
(a) by the lender's honoring a draft or similar order for payment of money drawn or accepted by the debtor;
(b) by the lender's payment or agreement to pay the debtor's obligations; or
(c) by the lender's purchase from the obligee of the debtor's obligations.
An open-end credit agreement under which a person can effect an immediate advance by check or other draft qualifies as a lender credit card or similar arrangement."
SECTION 2. Section 37-2-202(1)(c) of the 1976 Code is amended to read:
"(c) with respect to open-end credit pursuant to a seller credit card issued by a creditor which entitles the cardholder to purchase or lease goods or services from at least one hundred persons not related to the card issuer, under an arrangement pursuant to which the debts resulting from the purchases or leases are payable to the card issuer;
(i) annual charges, payable in advance, for the privilege of using the credit card; and
(ii) an over-limit charge not to exceed ten dollars if the balance of the account exceeds the credit limit established pursuant to the agreement between the card issuer and the cardholder plus the lesser of ten percent of the credit limit or one hundred dollars. The over-limit charge authorized by this subitem may not be assessed again against the cardholder unless the account balance has been reduced below the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars and the cardholder's account balance subsequently exceeds the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars."
SECTION 3. Section 37-2-202(2)(b) of the 1976 Code is amended to read:
"(b) with respect to consumer credit insurance providing life, accident, or health, or unemployment coverage, if the insurance coverage is not required by the creditor, and this fact is clearly and conspicuously disclosed in writing to the consumer, and if in order to obtain the insurance in connection with the extension of credit, the consumer gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost thereof of it with a statement similar to the following appearing in caps, underlined or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and"
SECTION 4. Section 37-2-203 of the 1976 Code is amended to read:
"Section 37-2-203. (1) With respect to a precomputed consumer credit sale including an open-end consumer credit sale pursuant to a seller credit card, and a consumer credit sale which, is secured by a lien on real estate or residential manufactured home where the transaction is not precomputed, and any refinancings or consolidations of all such credit sales, the parties may contract for a delinquency charge on any installment not paid in full within ten days after its due date, as originally scheduled or as deferred, in an amount not exceeding five dollars, which is not more than five percent of the unpaid amount of the installment.
(2) Notwithstanding subsection (1) the seller may contract for and receive a minimum delinquency charge not to exceed forty percent of five dollars as adjusted pursuant to Section 37-1-109. The seller may contract for such a minimum charge even though the charge exceeds five percent of the unpaid amount of the installment.
(3) A statement in the agreement between the creditor and the debtor to the effect that the creditor may charge the maximum delinquency charge (or late charge) authorized by law entitles the creditor to impose a delinquency charge in the dollar amount specified in subsections (1) and (2) as adjusted pursuant to Section 37-1-109 at the time the delinquency charge is imposed, subject to the five percent of the unpaid amount of the installment limitation, if applicable.
(2)(4) A delinquency charge under subsection (1) this section may be collected only once on an installment however long it remains in default. No delinquency charge may be collected with respect to a deferred installment unless the installment is not paid in full within ten days after its deferred due date. A delinquency charge may be collected at the time it accrues or at any time thereafter.
(3)(5) A delinquency charge under subsection (1) this section may not be collected on an installment paid in full within ten days after its scheduled or deferred installment due date even though an earlier maturing installment or a delinquency or deferral charge on an earlier installment has not been paid in full. For purposes of this subsection, a payment is deemed to have been applied first to any installment due in the computational period [Section 37-2-204(1)(a)] in which it is received and then to delinquent installments and charges."
SECTION 5. Section 37-2-303 of the 1976 Code is amended by adding:
"(5) A notice to co-signer which complies with the Federal Trade Commission's Trade Regulation Rule on Credit Practices (16 C.F.R. Section 444) complies with this section provided that the notice does not indicate that the creditor may collect any amount or engage in any activity which would be illegal under South Carolina law, and the notice contains the following information signed and dated by the co-signer.
I have received a copy of this notice.
.
(Date) (Signed)."
SECTION 6. Section 37-2-305 of the 1976 Code is amended to read:
"Section 37-2-305. (1) Every creditor (Section 37-1-301(13)), intending to impose a credit service charge in excess of eighteen percent per annum other than an assignee of a credit obligation, making consumer credit sales (Section 37-2-104) in this State shall on or before the effective date of this section, and in the case of a creditor not making consumer credit sales in this State on that date, on or before the date the creditor begins to make such credit sales in this State, shall file with the Department of Consumer Affairs and, except as otherwise provided in this section, post in one conspicuous place in every place of business in this State, if any, in which offers to make consumer credit sales are extended, a maximum rate schedule meeting the requirements set forth in subsections (2), (3), and (4) of this section.
(a) A creditor that has seller credit cards or similar arrangements (Section 37-1-301(26)) shall is not be required to post a copy of the required rate schedule in any place of business which is authorized to honor such transactions; provided that the creditor shall include a conspicuous statement of the maximum rate it intends to charge for these transactions in the initial disclosure statement required to be provided the debtor by the Federal Truth-In-Lending Act and notifies the debtor of any change in the maximum rate on or before the effective date of the change.
(b) [Blank]
(2) The rate schedule required to be filed and posted by subsection (1) shall must contain a list of the maximum rate of credit service charge (Section 37-2-109) stated as an annual percentage rate, determined in accordance with the Federal Truth-In-Lending Act and Federal Reserve Board Regulation Z, that the creditor intends to charge for consumer credit transactions in each of the following categories of credit:
(a) unsecured credit sales;
(b) secured credit sales other than those secured by real estate;
(c) credit sales secured by real estate;
(d) open-end (revolving) credit;
(e) all other.
If a variable rate is applicable to one or more categories or subcategories, the rate schedule must designate the rate as a variable rate and disclose the index for calculating changes in the rate and the cap or other limitation, if any, on any increases or decreases in the rate.
The creditor may include as many subcategories as it chooses under each of the specified categories, and may, at its option, include a series of rates for different dollar amounts and maturities. A creditor may omit one or more of the categories from the rate schedule if the creditor does not make consumer credit transactions falling within the omitted categories.
(3) The rate schedule that is filed by the creditor shall must be reproduced in at least fourteen-point type for posting as required by subsection (1). The terms `Credit Service Charge' and `Annual Percentage Rate' will be printed in larger size type than the other terms in the posted rate schedule. The following statement shall must be included in the posted rate schedule: `Consumers: All creditors making consumer credit sales in South Carolina are required by law to post a schedule showing the maximum rate of CREDIT SERVICE CHARGES expressed as the FINANCE CHARGE stated as ANNUAL PERCENTAGE RATES that the creditor intends to charge for various types of consumer credit transactions. The purpose of this requirement is to assist you in comparing the maximum rates that creditors charge, thereby furthering your understanding of the terms of consumer credit transactions and helping you to avoid the uninformed use of credit. NOTE: Creditors are prohibited only from granting consumer credit at rates higher than those specified above. A creditor may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral and your credit worthiness.'
(4) A rate schedule filed and posted as required by this section shall be is effective until changed in accordance with this subsection. A creditor wishing to change any of the maximum rates shown on a schedule previously filed and posted or to add or delete the prescribed categories or subcategories shall file with the Department of Consumer Affairs, in duplicate, together with the required fee specified in subsection (6) and shall post as required by subsection (1) a revised schedule of maximum rates. The revised schedule shall must be certified and returned to the creditor if properly filed. The revised rate schedule shall be is effective for all consumer credit extended after the close of business on the day the certified schedule is received by the creditor or seven days after the date of submission postmark, whichever is earlier. The posting or changes in connection with seller credit cards and similar arrangements shall be made in accordance with subsection (1).
(5) A creditor shall have has no obligation to print the maximum rate schedule in any public advertisement that mentions rates charged by that creditor.
(6) The Department of Consumer Affairs shall maintain a file for each creditor containing the original and all revised rate schedules by the creditor. A certified copy of each filing showing the date and time that it was received must be sent to the creditor making the filing at the time of its receipt. A fee of twenty dollars for each rate schedule filed by a creditor is payable to the Department of Consumer Affairs for its services in maintaining the rate schedule files and providing one certified copy of each rate filing to the creditor. Additional certified copies of a filing must be provided at a charge of four dollars for each copy.
(7) The Commission on Consumer Affairs shall promulgate a regulation pursuant to subsection (2) of Section 37-6-506 establishing the format of the rate schedules prescribed by this section.
(8) Every creditor shall file at least one maximum rate schedule and pay at least one twenty-dollar filing fee during each state fiscal year disclosing that creditor's existing maximum rates. This filing and fee required of each creditor is due annually before the thirty-first day of January of each year. If this filing does not change any maximum rates previously filed, the creditor is not required to alter posted maximum rates. If any creditor has not filed a maximum rate schedule with the Department of Consumer Affairs by the thirty-first day of January of the year in which it is due, then on this date since the beginning of the previous state fiscal year then on July first of the following year the filing is no longer effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section."
SECTION 7. Section 37-2-306 of the 1976 Code is amended to read:
"Section 37-2-306. The notice provisions of Section 37-10-102(c) shall apply whenever a note, mortgage, deed of trust, bond for title or other instrument evidencing a consumer credit sale contains a provision that the holder of the instrument may accelerate payment of or renegotiate the terms of the credit transaction upon any transfer of the real estate securing the property. (A) Every creditor engaged in this State in making consumer credit sales pursuant to a seller credit card shall:
(1) File on or before January thirty-first of each year with the Department of Consumer Affairs for every seller card plan it offers to South Carolina residents the disclosures required for credit and charge card applications and solicitations by the Federal Truth-in-Lending Act, Federal Reserve Board Regulation Z, Section 226.5a(b), 12 C.F.R. Section 226.5a(b), and any amendments or replacements. The disclosures required by this section must be based on fees and charges and other terms in effect as of December thirty-first of the prior year. The required disclosures may be filed by providing one or more actual applications or solicitations used by the creditor which contain the required disclosures or by providing the disclosures on one or more of the Model Forms in Appendix G of Federal Reserve Board Regulation Z. The annual filing fee for each creditor is twenty dollars, payable at the time the disclosures are filed regardless of the number of filings; and
(2) File with the Department of Consumer Affairs current figures on the disclosures required by paragraph (1) of this section within thirty days after receiving a written request for this information from the administrator. No filing fee may be imposed for this information request.
(B) Failure to file the disclosures required by this section and any errors in these disclosures does not affect the validity of any transaction or the maximum rates or charges in any transaction made by the creditor, but the creditor is subject to the administrative remedies in Part 1 of Chapter 6."
SECTION 8. Section 37-3-104 of the 1976 Code is amended to read:
"Section 37-3-104.(1) Except as provided in Section 37-3-105, `consumer loan' is a loan made by a person regularly engaged in the business of making loans in which--:
(a) the debtor is a person other than an organization;
(b) the debt is incurred primarily for a personal, family, or household purpose;
(c) either the debt is payable in installments or a loan finance charge is made; and
(d) either the principal does not exceed twenty-five thousand dollars or the debt is secured by an interest in land.
(2) "Consumer loan" does not include a loan primarily secured by a first lien which is a purchase money security interest in land."
SECTION 9. Section 37-3-105(2)(c) is amended to read:
"(c) Whenever the primary purpose of the credit extended is not to enable the debtor to buy or build a residence on residential real property, the administrative powers in Part 1 of Article 6. If an organization origination charge, prepaid finance charge, prepaid points, service, or other prepaid charge substantially exceeds the usual and customary charge for a particular type of loan, the creditor is subject to the provisions of Part 1, of Chapter 6 of Title 37, notwithstanding that the origination charge, prepaid finance charge, prepaid points, service, or other prepaid charge is properly disclosed as part of the finance charge for purposes of complying with the Federal Truth-in-Lending Act or part or all of the origination charge, prepaid finance charge, prepaid points charge, service, or other prepaid charges are rebatable or refundable upon prepayment or acceleration of the obligation. For the purpose of this paragraph, a creditor shall is not be subject to any liability if the loan finance charge and other fees and charges imposed by the creditor and the collection practices followed in administering or enforcing the loan are usual and customary for the particular type of loan. A charge, collection practice, or administrative procedure that is authorized or required by any state or federal statute or regulation relating to mortgage loans; or in any official manual setting forth the procedures for real estate mortgages issued by any governmental or quasi-governmental organization that purchases, insures, or guarantees such loans, including without limitation, manuals issued by the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Corporation, or by any organization that regularly insures mortgages and is authorized to conduct such business in this State, shall be is deemed to be usual and customary."
SECTION 10. Section 37-3-202 of the 1976 Code, as last amended by Act 164 of 1989, is further amended to read:
"(1) In addition to the loan finance charge permitted by this chapter a lender may contract for and receive the following additional charges in connection with a consumer loan:
(a) official fees and taxes;
(b) charges for insurance as described in subsection (2);
(c) annual charges, payable in advance, for the privilege of using a lender credit card or similar arrangement which entitles the cardholder to purchase or lease goods or services from at least one hundred persons not related to the issuer of the lender credit card or similar arrangement, under an arrangement pursuant to which the debts resulting from such transactions are payable to the issuer; and With respect to open-end credit pursuant to a lender credit card issued by a creditor which entitles the cardholder to purchase or lease goods or services from at least one hundred persons not related to the card issuer, under an arrangement pursuant to which the debts resulting from the purchases or leases are payable to the card issuer;
(i) annual charges, payable in advance, for the privilege of using the credit card; and
(ii) an over-limit charge not to exceed ten dollars if the balance of the account exceeds the credit limit established pursuant to the agreement between the card issuer and the cardholder plus the lesser of ten percent of the credit limit of one hundred dollars. The over-limit charge authorized by this subitem may not be assessed again against the cardholder unless the account balance has been reduced below the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars and the cardholder's account balance subsequently exceeds the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars; and
(d) with respect to a loan secured by an interest in land, the following `closing costs', if they are bona fide, reasonable in amount, and not for the purpose of circumvention or evasion of this title:
(i) fees or premiums for title examination, abstract of title, title insurance, surveys, or similar purposes,;
(ii) fees for preparation of a deed, settlement statement, or other documents, if not paid to the creditor or a person related to the creditor,;
(iii) escrows for future payments of taxes, including assessments for improvements, insurance, and water, sewer, and land rents, and;
(iv) fees for notarizing deeds and other documents, if not paid to the creditor or a person related to the creditor; and
(v) fees for appraising the real estate that is collateral for the loan, if not paid to the creditor or a person related to the creditor.;
(e) charges for other benefits, including insurance, conferred on the debtor, if the benefits are of value to him and if the charges are reasonable in relation to the benefits, are of a type which is not for credit, and are authorized as permissible additional charges by rule adopted by the administrator.;
(f) fees and charges paid to persons registered as mortgage loan brokers pursuant to Chapter 58 of Title 40.
(2) An additional charge may be made for insurance written in connection with the loan, other than insurance protecting the lender against the debtor's default or other credit loss, with respect to:
(a) with respect to insurance against loss of or damage to property, or against liability, if the lender furnishes a clear and specific statement in writing to the debtor, setting forth the cost of the insurance if obtained from or through the lender, and stating that the debtor may choose the person through whom the insurance is to be obtained;
(b) with respect to consumer credit insurance providing life, accident and health, or unemployment insurance coverage, if the insurance coverage is not required by the lender, and this fact is clearly and conspicuously disclosed in writing to the debtor, and if, in order to obtain the insurance in connection with the loan, the debtor gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost thereof with a statement similar to the following appearing in caps, underlined, or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and
(c) with respect to vendor's single interest insurance, but only:
(i) to the extent that the insurer has no right of subrogation against the debtor; and
(ii) to the extent that the insurance does not duplicate the coverage of other insurance under which loss is payable to the creditor as his interest may appear, against loss of or damage to property for which a separate charge is made to the debtor pursuant to paragraph (a),; and
(iii) if a clear, conspicuous, and specific statement in writing is furnished by the creditor to the debtor setting forth the cost of the insurance if obtained from or through the creditor and stating that the debtor may choose the person through whom the insurance is to be obtained.;
(3) With respect to an assumption of an existing obligation, the seller lender may, in addition to the other authorized charges, charge an assumption fee not exceeding the lesser of four hundred dollars or one percent of the unpaid balance of the debt at the time the assumption transaction is consummated whenever the primary collateral securing the credit is real estate or a residential manufactured home and not exceeding the lesser of fifty dollars or one percent of the unpaid balance of the debt at the time the assumption transaction is consummated whenever the primary collateral securing the credit is personal property other than a residential manufactured home."
SECTION 11. Section 37-3-203 of the 1976 Code is amended to read:
"Section 37-3-203. (1) With respect to a precomputed consumer loan including an open-end consumer loan pursuant to a lender credit card or similar arrangement, and any consumer loan which is secured by a lien on real estate or residential manufactured home where the transaction is not precomputed, and any refinancings or consolidations of all such consumer loans, the parties may contract for a delinquency charge on any installment not paid in full within ten days after its due date, as originally scheduled or as deferred, in an amount, not exceeding five dollars which is not more than five percent of the unpaid amount of the installment.
(2) Notwithstanding subsection (1) the lender may contract for and receive a minimum delinquency charge not to exceed forty percent of five dollars as adjusted pursuant to Section 37-1-109. The lender may contract for such a minimum charge even though the charge exceeds five percent of the unpaid amount of the installment.
(3) A statement in the agreement between the lender and the debtor to the effect that the lender may charge the maximum delinquency charge (or late charge) authorized by law entitles the creditor to impose a delinquency charge in the dollar amount specified in subsections (1) and (2) as adjusted pursuant to Section 37-1-109 at the time the delinquency charge is imposed, subject to the five percent of the unpaid amount of the installment limitation, if applicable.
(2)(4) A delinquency charge under subsection (1) this section may be collected only once on an installment however long it remains in default. No delinquency charge may be collected with respect to a deferred installment unless the installment is not paid in full within ten days after its deferred due date. A delinquency charge may be collected at the time it accrues or at any time thereafter.
(3)(5) A delinquency charge under subsection (1) this section may not be collected on an installment paid in full within ten days after its scheduled or deferred installment due date even though an earlier maturing installment or a delinquency or deferral charge on an earlier installment has not been paid in full. For purposes of this subsection, a payment is deemed to have been applied first to any installment due in the computational period [Section 37-3-204(1)(a)] in which it is received and then to delinquent installments and charges.
(4)(6) If two installments or parts thereof of a precomputed consumer loan are in default for ten days or more, the lender may elect to convert the loan from a precomputed loan to one in which the loan finance charge is based on unpaid balances. In this event, he shall make a rebate pursuant to the provisions on rebate upon prepayment (Section 37-3-210) as if the date of prepayment were one day before the maturity date of a delinquent installment, and thereafter may make a loan finance charge as authorized by the provisions on loan finance charge for consumer loans by lenders not supervised lenders [Section 37-3-201(1)] or finance charge for consumer loans by supervised lenders [Section 37-3-201(2)], whichever is appropriate. The amount of the rebate shall must not be reduced by the amount of any permitted minimum charge (Section 37-3-210). If the creditor proceeds under this subsection, any delinquency or deferral charges made with respect to installments due on or after the maturity date of the first delinquent installment shall must be rebated, and no further delinquency or deferral charges shall may be made."
SECTION 12. Section 37-3-303 of the 1976 Code is amended by adding:
"(5) A notice to co-signer which complies with the Federal Commission's Trade Regulation Rule on Credit Practices (16 C.F.R. Section 444) or which complies with a regulation regarding co-signer notices promulgated by any federal agency pursuant to Section 18(f) of the Federal Trade Commission Act, 15 U.S.C. Section 57a(f) (Section 202(a) of the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, Public Law 93-63F) likewise complies with this section, provided that the notice does not indicate that the creditor may collect any amount or engage in any activity which would be illegal under South Carolina law and the notice contains the following information signed and dated by the co-signer:
I have received a copy of this notice.
(Date) (Signed)."
SECTION 13. (A) Section 37-3-305(1) of the 1976 Code is amended to read:
"(1) Every creditor [Section 37-1-301(13)], other than an assignee of a credit obligation, making supervised or restricted consumer loans (Section 37-3-104) in this State shall on or before the effective date of this section, and in case of a creditor not making supervised consumer loans in this State on that date, on or before the date the creditor begins to make such loans in this State, file with the Department of Consumer Affairs and, except as otherwise provided in this section, post in one conspicuous place in every place of business, if any, in this State in which offers to make consumer loans are extended, a certified maximum rate schedule meeting the requirements set forth in subsections (2), (3), and (4) of this section.
A creditor that has issued lender credit cards or similar arrangements [Section 37-1-301(16)] shall is not be required to post a copy of the required rate schedule in any place of business which is authorized to honor such transactions except its central and branch offices other than a branch office that is a free-standing automatic teller machine; provided, that the creditor shall include a conspicuous statement of the maximum rate it intends to charge for these transactions in the initial disclosure statement required to be provided the debtor by the Federal Truth-In-Lending Act and notifies the debtor of any change in the maximum rate on or before the effective date of the change."
(B) Section 37-3-305(2) of the 1976 Code is amended to read:
"(2) The rate schedule required to be filed and posted by subsection (1) shall must contain a list of the maximum rate of loan finance charge (Section 37-3-109) stated as an annual percentage rate, determined in accordance with the Federal Truth-In-Lending Act and Federal Reserve Board Regulation Z, that the creditor intends to charge for consumer credit transactions in each of the following categories of credit:
(a) unsecured personal loans;
(b) secured personal loans other than those secured by real estate;
(c) real estate mortgage loans;
(d) open-end (revolving) credit;
(e) all other.
The creditor may include as many subcategories as it chooses under each of the specified categories, and may, at its option, include a series of rates for different dollar amounts and maturities. A creditor may omit one or more of the categories from the rate schedule if the creditor does not make consumer credit transactions falling within the omitted categories.
If a variable rate is applicable to one or more categories or subcategories, the rate schedule must designate the rate as a variable rate and disclose the index for calculating changes in the rate and the cap or other limitation, if any, on any increases or decreases in the rate."
SECTION 14. Section 37-3-306 of the 1976 Code is amended to read:
"Section 37-3-306. The notice provisions of Section 37-10-102(c) shall apply whenever a note, mortgage, deed of trust, bond for title or other instrument evidencing a consumer loan contains a provision that the holder of the instrument may accelerate payment of or renegotiate the terms of the loan upon any transfer of the real estate securing the property. (1) Every creditor engaged in this State in making consumer loans pursuant to a lender credit card or similar arrangement shall:
(a) file on or before January thirty-first of each year with the Department of Consumer Affairs for every lender card plan it offers to South Carolina residents the disclosures required for credit and charge card applications and solicitations by the Federal Truth-In-Lending Act, Federal Reserve Board Regulation Z, Section 226.5a(b), 12 C.F.R. Section 226.5a(b), and any amendments or replacements thereto. The disclosures required by this section must be based on fees and charges and other terms in effect as of December thirty-first of the prior year. The required disclosures may be filed by providing one or more actual applications or solicitations used by the creditor which contain the required disclosures on one or more of the model forms in Appendix G of Federal Reserve Board Regulation Z. The annual filing fee for each creditor is twenty dollars, payable at the time the disclosures are filed regardless of the number of filings; and
(b) file with the Department of Consumer Affairs current figures on the disclosures required by paragraph (a) within thirty days after receiving a written request for this information from the administrator. No filing fee may be imposed for this information request.
(2) Failure to file the disclosures required by this section and any errors in these disclosures does not affect the validity of any transaction or the maximum rates or charges in any transaction made by the creditor but the creditor is subject to the administrative remedies in Part 1 of Chapter 6."
SECTION 15. Section 37-3-510 of the 1976 Code is amended to read:
"Section 37-3-510. (1) With respect to a supervised loan in which the principal is one thousand dollars or less, a lender may not contract for an interest in land as security. A security interest taken in violation of this section is void.
(2) An open-end credit agreement under which the credit limit is a minimum of five thousand dollars is exempt from this section even though one or more advances made pursuant to the agreement are less than one thousand dollars."
SECTION 16. (A) Section 37-4-203(5) of the 1976 Code is amended to read:
"(5) Credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness is scheduled to continue, subject to a minimum charge of two dollars:
Individual
$ .85 .75
$1.70 1.50
Joint Insurance
$1.42 1.25
$2.84 2.50"
(B) The last paragraph of Section 34-29-160 of the 1976 Code is amended to read:
"Credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness is scheduled to continue, subject to a minimum charge of two dollars:
Individual
$ .85 .75
$1.70 1.50
Joint Insurance
$1.42 1.25
$2.84 2.50"
SECTION 17. 1(A) Section 37-6-108(6) of the 1976 Code is amended to read:
"(6) With respect to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, the Administrator may not issue an order pursuant to this section but may bring a civil action for an injunction (Section 37-6-111). For purposes of this section and Sections 37-6-117 and 37-6-118, a violation of the South Carolina Unfair Trade Practices Act which arises out of the production, promotion, or sale of consumer goods, services, or interests in land is deemed to be a violation of this title subject to action by the administrator."
(B) Section 37-6-108 of the 1976 Code is amended by adding:
"(7) Unless otherwise specifically provided by law, the following administrative penalties may, in the discretion of the administrator, may be levied against persons found to have engaged in violations of this title pursuant to subsection (1) of this section:
(a) If the violator is found to have violated repeatedly and intentionally any provision of this title, the violator must be fined in an amount not to exceed two thousand five hundred dollars and not to exceed ten thousand dollars for any transaction or occurrence or set of transactions or occurrences which violated multiple provisions of this title.
(b) If the violator is shown to have violated any previous lawful order of the administrator or court of competent jurisdiction, the violator, in the discretion of the administrator may be fined in an amount not to exceed five thousand dollars for each violation.
(c) The penalties in items (a) and (b) of this subsection are in addition to any other penalties provided by law or any other remedies provided by law.
(8) The administrator may make findings and issue cease and desist orders regarding unconscionable conduct or unconscionable debt collection pursuant to this section, but he may not award damage, treble damage, or attorney's fee remedies to affected customers in these hearings."
SECTION 18. Section 37-6-113(2) of the 1976 Code is amended to read:
"(2) The administrator may bring a civil action against a creditor or a person acting in his behalf to recover a civil penalty of no more than five thousand dollars for repeatedly and intentionally violating this title. A civil penalty pursuant to this subsection may not be imposed for a violation of this title occurring more than two years before the action is brought or for making unconscionable agreements or engaging in a course of fraudulent or unconscionable conduct."
SECTION 19. Section 37-6-114 of the 1976 Code is repealed.
SECTION 20. Section 37-6-117(d) of the 1976 Code is amended to read:
"(d) Cooperate with and assist the South Carolina and United States Attorney General and all state and local agencies performing consumer protection functions in carrying out their legal enforcement responsibilities for the protection of consumers;".
SECTION 21. Section 37-6-117(i) of the 1976 Code is amended to read:
"(i) With the approval of the Commission on Consumer Affairs, bring an individual action for a consumer who might have a cause of action for damages resulting from the use of or employment by another person of an unfair or deceptive method, act, or practice, as provided in Section 39-5-140, when he deems considers such action is necessary to protect the consumer's interest, the actual damages sought are three two thousand five hundred dollars or less, and either the individual has written evidence that two attorneys licensed to practice law in the this State of South Carolina have reviewed the case and have declined to represent the individual in pursuing the cause of action, or an attorney licensed to practice law in the this State of South Carolina has, after reviewing the facts of the case, in writing has requested that the administrator bring an action on behalf of the consumer under this section.
The provisions of this section subsection shall do not apply if consumer-industry appeals, arbitration or mediation panels or boards, whose decisions are binding on the participating business, are available in South Carolina this State for the product of or service concerned, provided such business complies with the decision of the panel or board."
SECTION 22. Section 37-6-203 of the 1976 Code is amended to read:
"Section 37-6-203. A person required to file notification shall pay on or before January thirty-first of each year pay to the administrator an annual fee of ninety dollars for that year, for each address in this State listed in the notification; provided, that the fee for any one person must be not less than ninety dollars; provided, further, that a person who does not extend credit pursuant to written contracts and a person whose annual gross volume of business does not exceed one hundred fifty thousand dollars is exempt from any fee and from the notification requirements of Section 37-6-202. A person engaged in making consumer credit sales or consumer leases who is also engaged in making consumer rental-purchase agreements is only required to pay one ninety dollar fee for each location."
SECTION 23. Section 37-10-102(c) of the 1976 Code is deleted.
SECTION 24. The 1976 Code is amended by adding:
"Section 37-10-107. (1) No person may maintain an action for legal or equitable relief or a defense based upon a failure to perform an alleged promise, undertaking, accepted offer, commitment, or agreement:
(a) to lend or borrow money;
(b) to defer or forbear in the repayment of money; or
(c) to renew, modify, amend, or cancel a loan of money or any provision with respect to a loan of money, involving in any such case a principal amount in excess of fifty thousand dollars, unless the party seeking to maintain the action or defense has received a writing from the party to be charged containing the material terms and conditions of the promise, undertaking, accepted offer, commitment, or agreement and the party to be charged, or its duly authorized agent, has signed the writing.
(2) Failure to comply with subsection (1) precludes an action or defense based on any of the following legal or equitable theories:
(a) an implied agreement based on course of dealing or performance or on a fiduciary relationship;
(b) promissory or equitable estoppel;
(c) part performance, except to the extent that the part performance may be explained only by reference to the alleged promise, undertaking, accepted offer, commitment, or agreement; or
(d) negligent misrepresentation.
(3) Subsections (1) and (2) do not apply to:
(a) a loan of money used primarily for personal, family, or household purposes;
(b) an agreement or change in the terms of an agreement relating to a line of consumer credit, lender credit card or similar arrangement;
(c) an overdraft on a demand deposit or other bank account; or
(d) promissory notes, real estate mortgages, security agreements, guaranty and surety agreements and letters of credit.
(4) In the event of a conflict between this section and any other provision of law of this State relating to the requirement of a signed writing, the provisions of the other provision of law shall control."
SECTION 25. Section 39-61-100 of the 1976 Code is amended to read:
"Section 39-61-100. (1) The administrator may order the club to cease and desist, or may revoke, suspend, or refuse to continue the certificate of authority of a club, whenever, after a hearing and for cause shown, he determines that the club:
(a) has violated or failed to comply with any provisions of this chapter or regulations promulgated under authority of this chapter;
(b) has obtained a certificate of authority through wilful misrepresentation or fraud;
(c) has engaged in fraudulent or deceptive practices;
(d) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of any service contract issued or to be issued by it or any other club;
(e) is unable to meet its obligations as determined by generally accepted accounting principles;
(f) has, after notice to the club of an alleged occurrence of any of items (a) through (e) of this section, refused without just cause to submit relevant information to the administrator with respect to the motor club services within this State.
(2) In lieu of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (a) through (f) of subsection (1) of this section, the administrator in his discretion may assess an administrative penalty of not less than one hundred nor more than one thousand dollars for each violation. No accumulation of these penalties may exceed five thousand dollars for matters commenced in any calendar year. These penalties may be assessed in connection with orders to cease and desist."
SECTION 26. Section 40-39-150 of the 1976 Code, as added by Act 491 of 1988, is amended to read:
"Section 40-39-150. (A) Upon the finding that an action of a pawnbroker is in violation of this chapter, or of a law or regulation of this State or of the federal government or an agency of the state or federal government, the administrator, after reasonable notice to the pawnbroker and an opportunity for the pawnbroker to be heard, shall order the pawnbroker to cease and desist from the action.
(B) The Administrator of the Department of Consumer Affairs may impose also administrative fines of up to seven hundred fifty dollars for each offense upon persons violating any of the provisions of this chapter up to a maximum of fifteen thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. In addition, any person violating the provisions of Sections 40-39-20 and 40-39-30 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding sixty days, or both. The administrator may revoke or suspend a pawnbroker's certificate of authority in addition to the penalties enumerated in this section."
SECTION 27. Section 44-79-80(5) of the 1976 Code is amended to read:
"(5) No certificate of authority may be issued by the administrator until the center pays an initial certificate of authority fee of twenty-five fifty dollars an outlet. Certificates of authority may be renewed upon payment of an annual renewal fee of fifty dollars an outlet on or before December thirty-first."
SECTION 28. (A) Section 44-79-80(8) of the 1976 Code is amended to read:
"(8) The administrator may order the center to cease and desist, or may revoke, suspend, or refuse to continue the certificate of authority of a center, whenever, after a hearing and for causes shown, he determines that the center has violated or failed to comply with any provisions of this chapter or regulations promulgated under the authority of this chapter., or if after notice and opportunity for a hearing, it is shown that:
(a) any document or declaration required by subsection (4), items (a) through (g) were false or misleading; or
(b) by clear and convincing evidence the center or its agents, officers, or employees have engaged in false, fraudulent, or deceptive conduct in its dealings with customers;".
(B) Section 44-79-80 of the 1976 Code is amended by adding:
"(9) In lieu of revocation, suspension, or refusal to continue a certificate of authority of a center, the administrator in his discretion may assess an administrative penalty for a violation of subsection (4) or (8) of this section not to exceed five hundred dollars for each violation, not to exceed five thousand dollars for matters commenced in any calendar year. These penalties may be assessed in connection with orders to cease and desist."
SECTION 29. This act takes effect July 1, 1991, except the individual and joint insurance decreasing and level balance charges reduced in Section 37-4-203(5) of the 1976 Code and the last paragraph of Section 34-29-160 of the 1976 Code as contained in SECTION 16, and the provisions of Section 37-2-202(2)(b) of the 1976 Code as contained in Section 3, and the provisions of Section 37-3-202(2)(b) of the 1976 Code as contained in Section 10 take effect January 1, 1993./ Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 1013 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.
(By prior motion of Senator RUSSELL, with unanimous consent)
S. 1010 -- Senator McGill: A BILL TO PROVIDE FOR THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT NUMBER 5, SO AS TO ESTABLISH FOUR SINGLE MEMBER DISTRICTS AND PROVIDE THAT ONE TRUSTEE MUST BE ELECTED FROM EACH DISTRICT AND THREE ADDITIONAL TRUSTEES MUST BE ELECTED AT-LARGE, AND TO PROVIDE FOR THE ANNUAL MEETING OF CITIZENS AND FOR THE PREPARATION OF THE ANNUAL BUDGET.
On motion of Senator McGILL, with unanimous consent, the Bill was taken up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The question being third reading of the Bill.
On motion of Senator McGILL, the Senate agreed to amend the Bill and give it a third reading on Friday, May 30, 1991.
The following Bills having been read the second time were passed and ordered to a third reading:
H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
H. 3768 -- Reps. Phillips and Wright: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (EDU3768.01), which was adopted:
Amend the bill, as and if amended, in SECTION 4 by adding after the word /1991/ the following:
/or upon approval by the Governor/
Amend the bill, further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. All funds and positions in the Department of Education pursuant to this act shall be transferred to the Commission on Higher Education./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER proposed the following amendment (EDU3768.02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 103, Title 59 of the 1976 Code is amended by adding:
"Section 59-103-160. The Commission on Higher Education is directed to work with the state's public institutions of higher education, and private institutions of higher education which wish to participate, to develop information packages for eighth grade students and their parents on the options of post-secondary education available in South Carolina, the courses required to attend colleges and universities, and the financial requirements and assistance available for students pursuing additional education after high school.
During 1991-92, the commission shall develop the information packages, and to the extent that Education Improvement Act funds are appropriated by the General Assembly, pilot-test the program in a number of school districts. The commission shall report to the Senate Education Committee and the Education and Public Works Committee of the House on the pilot-testing.
Section 59-103-170. After pilot-testing, the Commission on Higher Education shall work with this state's public institutions of higher education and private higher education institutions wishing to participate, to provide annually for the state's eighth grade students and their parents or guardians small group and one-on-one counseling on required high school courses and post-secondary options, financial requirements, and assistance available for a post-secondary education. These sessions must be held at each of the state's public schools which house an eighth grade class. The counseling may be provided during a week declared to be `Education Options Week' or at another time convenient to the school and the cooperating institution of higher education.
The annual sessions will be phased-in over two years and by school year 1993-94 will be in the individual schools in accordance with this act.
Section 59-103-180. The State Board of Education, the State Department of Education, and the state's public school districts and schools shall cooperate with the Commission on Higher Education and the institutions of higher education in providing the counseling and shall assist in any manner considered appropriate by them. The schools shall make special efforts to ensure that as many students and parents or guardians as possible are made aware of the opportunity, are urged to attend the sessions, and receive the information.
Section 59-103-190. The businesses and industries of this State are requested to provide the opportunity to their employees with children in the eighth grade to attend the counseling sessions and to cooperate with institutions of higher education in presenting at the worksite small group and one-on-one counseling on required high school courses, post-secondary options, financial requirements, and assistance for post-secondary education."/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 975 -- Senator Fielding: A BILL TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.
Senator FIELDING asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
On motion of Senator FIELDING, S. 975 was ordered to receive a third reading on Friday, May 31, 1991.
H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED.
Senator NELL W. SMITH asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
On motion of Senator NELL W. SMITH, H. 3496 was ordered to receive a third reading on Friday, May 31, 1991.
H. 3053 -- Rep. Mattos: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.
Senator GIESE asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
Senator POPE asked unanimous consent to withdraw the amendment he had previously proposed in the Journal of May 27, 1991.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator GIESE, H. 3053 was ordered to receive a third reading on Friday, May 31, 1991.
H. 3419 -- Reps. Huff and Hodges: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.
Senator STILWELL asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3419.2), was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 20-7-954(B) of the 1976 Code, as last amended by Act 562 of 1990, is further amended to read:
"(B) For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that paternity has been previously established by operation of law or judicial finding of fact the individual involved has good cause for refusing to submit to genetic testing because of (a) the potential for emotional or physical harm to the child, (b) the potential for emotional or physical harm to the custodial parent where the harm reduces the person's ability to care for the child, (c) the potential for physical or emotional harm to the putative parent where that harm outweighs the child's interest in paternity determination, or (d) the potential or violation of an overriding religious belief of either the custodial parent or the putative parent."
SECTION 2. Section 20-7-954(C) of the 1976 Code is amended to read:
"(C) Any order issued under this section is enforceable by contempt. For all child support cases not administered under Title IV-D of the Social Security Act, the child and all parties in a contested paternity case, upon the request of any party, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the court determines that good cause, including the presumption of legitimacy, not to order the test exists or where the court determines that paternity has been previously established by operation of law or judicial finding of fact."
SECTION 3. Section 20-7-954 of the 1976 Code is amended by adding a new subsection to read:
"(D) Any order issued under this section is enforceable by contempt."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator STILWELL explained the amendment.
Senator GIESE proposed the following amendment (BR1\1730.AC), which was adopted:
Amend the bill, as and if amended, Section 20-7-954(B), as contained in SECTION 1, by striking the first sentence and inserting: /For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity./
Amend further, Section 20-7-954, as contained in SECTION 2, by striking subsection (C) and inserting:
/(C) Any order issued under this section is enforceable by contempt. For all child support cases not administered under Title IV-D of the Social Security Act, the child and all parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the court determines that good cause, including the presumption of legitimacy, not to order the test exists or where the court determines that paternity has been established previously by operation of law or judicial finding of fact."/
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator STILWELL, H. 3419 was ordered to receive a third reading on Friday, May 31, 1991.
H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
Senator RUSSELL asked unanimous consent to take the Bill up for immediate consideration, with Senator LEATHERMAN retaining the floor on S. 417.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators PASSAILAIGUE and RUSSELL proposed the following amendment (JIC\5783.HC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 7, Title 54 of the 1976 Code is amended by adding:
Section 54-7-610. This article may be cited as the South Carolina Underwater Antiquities Act of 1991.
Section 54-7-620. As used in this article:
(1) `Artifact', `artifactual item', or `artifactual material' means any object or assemblage of objects found in an archaeological context which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture, and which have remained unclaimed for more than fifty years.
(2) `Artifact recovery' means the recovery of artifactual material by hand or through excavation.
(3) `Beneath or substantially beneath' means permanently or periodically covered, in whole or in part, by the territorial waters of the State.
(4) `Commercial applicant' means an applicant for a license under this article for purposes other than those of a noncommercial applicant, such as commercial salvage or income-producing purposes.
(5) `Complete paleontological specimen' means a fossil which is more than eighty percent intact and has recognizable diagnostic features for identification.
(6) `Data' means any information related to the site of submerged archaeological historic property or submerged paleontological property which includes, without limitation, artifactual and/or paleontological material, remote sensing survey charts, magnetic tape records of positions, site maps, feature plans, photographs, measurements and historical documentation.
(7) `Data collection' means the accumulation of data through methods which do not include excavation. `Data collection' includes the collection of artifactual and/or paleontological material that is exposed or resting on, but not embedded in, submerged lands.
(8) Reserved.
(9) `Data recovery' means a systematic study carried out in accordance with a research plan, which may include data collection, excavation, and artifact or fossil recovery.
(10) `Day' means a twenty-four hour period beginning at 12:00 midnight.
(11) `Debris field' means the area in which artifactual or paleontological materials associated with a site are found.
(12) `Director' means the director of the institute, or a designee of the director.
(13) `Embedded' means firmly affixed in submerged lands such that the use of tools of excavation are required in order to move the bottom sediments to gain access to the submerged archaeological historic property or paleontological materials or any part of them.
(14) `Excavation' means the process of moving, removing,or disturbing bottom sediments to expose submerged archaeological historic property or submerged paleontological materials.
(15) `Field archaeologist' means an archaeologist selected by the licensee and approved by the institute to supervise operations under a license.
(16) `Field paleontologist' means a paleontologist selected by the licensee and approved by the museum to supervise operations under a license.
(17) `Historic property' means a district, site, building, structure, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering and culture of the State, including artifacts, records, and remains related to the district, site, building, structure, or object.
(18) `Immediate environment' means that area surrounding a submerged archaeological historic property or submerged paleontological site which, if disturbed, could result in substantive injury to the property, including, without limitation, the debris field.
(19) `Institute' means the South Carolina Institute of Archaeology and Anthropology.
(20) `Intensive survey' means a field and archival investigation of an area designed to gather and identify fully information about submerged archaeological historic properties sufficient to evaluate them in relation to National Register criteria of significance within specific historical contexts. It may also mean a field and archival investigation of an area designed to gather and identify fully information about submerged paleontological materials sufficient to evaluate them for geologic time period and species identification. Intensive survey may include data collection, test excavation, data recovery, and specimen recovery on a limited basis.
(21) `Licensee' means any person or entity authorized to perform certain recovery operations from a submerged archaeological historic property or submerged paleontological property under the provisions of this article by the South Carolina Institute of Archaeology and Anthropology. It is not a proof of qualification to skin or scuba dive, nor that a person is qualified to skin or scuba dive.
(22) `Monitoring archaeologist' means an underwater archaeologist selected by the institute for the purpose of monitoring work activity under a license issued by the institute.
(23) `Monitoring paleontologist' means a paleontologist or Natural History Curator selected by the museum commission for the purpose of monitoring work activity under a license issued by the institute.
(24) `Museum Commission', `museum', `commission', `State Museum' means the South Carolina Museum Commission authorized by this article as custodians of paleontological materials.
(25) `National Register' means the National Register of Historic Places maintained by the Secretary of the United States Department of the Interior.
(26) `Navigable waters' means all waters belonging to the State which are navigable in fact or were navigable in the past. The term includes rivers and streams in which the tide ebbs and flows.
(27) `Noncommercial applicant' means a person seeking a license for the purpose of gathering scientific, historical, or architectural data for either:
(a) public exhibition, interpretation, or preservation and not for the purpose of producing income, profit, or gain; or
(b) mitigation of adverse effects of a proposed undertaking on submerged archaeological historic property or submerged paleontological property.
(28) `Object' means a material thing produced or resulting from human activity which has functional, aesthetic, cultural, historical, or scientific value and which includes artifactual material.
(29) `Paleontological materials', `materials', `specimen', `fossil', `fossil materials', or `paleontology materials' means any object or assemblage of objects found in a paleontological context including, but not limited, to plant and animal fossils such as bones, teeth, natural casts, molds, impressions, and other remains of prehistoric fauna which yield or are likely to yield information of significance to the scientific study or educational potential of the past. Faunal means fossilized plant and animal remains from past geologic periods, including but not limited to, molds, casts, bones, and teeth.
(30) `Paleontological property' means paleontological material or any site which contains paleontological material.
(31) `Paleontological recovery' or `fossil recovery' means the recovery of paleontological materials by hand or through excavation.
(32) `Person' means an individual, partnership, corporation, association, organized group of persons, or any other legal entity.
(33) `Preservation' means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a submerged archaeological historic property or a submerged paleontological property.
(34) `Primary scientific value' means any submerged archaeological historic property or submerged paleontological property which:
(a) yields or may yield information of great importance or significance to state, regional, national or international history or prehistory. Significance may be judged by the potential of the property to provide information, its physical condition, the research questions it might answer, its educational or exhibit value, or its relationship to known archaeological and historical records and future research needs, or,
(b) is included in, or has been determined, or may be eligible for inclusion in the National Register of Historic Places.
(35) `Reconnaissance survey' means a limited archival and field investigation, designed and accomplished in sufficient detail to make generalizations about the type, distribution and value of an area's submerged archaeological historic properties or submerged paleontological sites, which may include data collection but may not include excavation, data recovery, or artifact recovery.
(36) `Recreational value' means value related to an activity which the public engages in, or may engage in, for recreation or sport, including, but not limited to, scuba diving and fishing.
(37) `Site' means:
(a) the location of an event, a prehistoric or historic occupation or activity, or a building or structure including a shipwreck, whether standing, ruined, or vanished, and its debris field where the location itself maintains historical or archaeological value regardless of the value of any existing structure.
(b) the location of an accumulation of paleontological material where the location itself maintains paleontological value.
(38) `State' means the State of South Carolina.
(39) `State Archaeologist' means the Director of the South Carolina Institute of Archaeology and Anthropology who is the State Archaeologist.
(40) `State Historic Preservation Officer' means the individual who administers the State Historic Preservation Program under the provisions of the National Historic Preservation Act of 1966.
(41) `Structure' means a constructed work made up of interdependent and interrelated parts in a definite pattern of organization.
(42) `Submerged' means beneath or substantially beneath the territorial waters of the State or is submerged at mean low tide.
(43) `Submerged archaeological historic property' means any site, vessel, structure, object, or remains which:
(a) yields or is likely to yield information of significance to scientific study of human prehistory, history, or culture and
(b) (i) is embedded in or on submerged lands and has remained unclaimed for fifty years or longer; or
(ii) is included in, or has been determined, or may be eligible for inclusion in the National Register of Historic Places.
The term includes archaeological material which includes, but is not limited to, abandoned shipwrecks and their contents, and individual assemblages of historic or prehistoric artifacts.
(44) `Submerged lands' means lands beneath or substantially beneath the territorial waters of the State or which are submerged at mean low tide.
(45) `Submerged paleontological property' means any object or assemblage of objects found in a paleontological context which yield or are likely to yield information of significance to the scientific study or educational potential of the past faunal diversity, past environments, geologic time, or other paleontological concerns.
(46) `Substantive injury' means any action or influence which causes a change in the archaeological or paleontological context, the structural integrity, or the physical condition of a site as to render it more vulnerable to loss, damage, destruction, or diminution of historic or paleontological value.
(47) `Territorial waters' means the navigable waters of the State, namely, all tidal waters within the boundaries of the State up to but not above the line of mean low tide and seaward to a line three geographical miles distant from the coastline of the State measured by reference to mean low tide elevation as defined in the Geneva Convention, Article 11, and such other waters of the State as may be included within the term `lands beneath navigable waters' as defined in the Federal Abandoned Shipwreck Act of 1987.
(48) `Undertaking' means an activity by the institute or South Carolina Museum Commission which would otherwise require a license under this article. `Undertaking' does not include activities which, in the State Archaeologist's determination, must be conducted within sixty days in order to preserve submerged archaeological historic property or submerged paleontological property that is or may be of primary scientific value or of major archaeological, anthropological, or historic value and threatened with imminent destruction or substantial damage.
Section 54-7-630. (A) All submerged archaeological historic property and artifacts and all submerged paleontological property located on or recovered from submerged lands over which the State has sovereign control are declared to be the property of the State.
(B) Title to submerged archaeological historic property and artifacts and all submerged paleontological property, or a portion of the property recovered from submerged lands over which the State has sovereign control may be conveyed by the State to a licensee pursuant to a license issued by the institute.
Section 54-7-640. (A) The custodian of submerged archaeological historic property and artifacts owned by the State or on state submerged lands is the South Carolina Institute of Archaeology and Anthropology. The South Carolina Institute of Archaeology and Anthropology may promulgate regulations as necessary to carry out its duties under this article.
(B) The custodian of all submerged paleontological material is the South Carolina Museum Commission. The institute, after consultation with the South Carolina Museum Commission, may promulgate regulations regarding submerged paleontological property as necessary for this purpose. For the purposes of this article, and where submerged paleontological property is involved, the institute shall consult with the South Carolina State Museum.
(C) The custodian of any other things of value not provided for in this section is the State Budget and Control Board which may promulgate regulations as necessary for this purpose.
Section 54-7-650. (A) A person desiring to conduct activities pursuant to this article in the course of which submerged archaeological historic properties or paleontological properties may be removed, displaced, or destroyed shall apply to the institute for a license to conduct the activity. If the institute finds that the granting of the license is in the best interests of the State, it may grant it for the time and under the conditions the institute considers appropriate to this article.
(B) The institute may enter into agreements with licensees for the disposition of recovered submerged archaeological historic property and submerged paleontological property.
(C) The disposition may include division of the recovered property with the licensee.
(D) The division may be in value or in kind, with the institute acting as arbiter of the division in the best interests of the State and giving due consideration to the fair treatment of the licensee. Any agreement entered into by the institute must provide for the licensee to receive reasonable compensation for any recovered submerged archaeological historic property or submerged paleontological property claimed and turned over to the State.
(E) No license is required of the institute or, where submerged paleontological property is involved, the South Carolina Museum Commission, which may conduct any undertakings provided for by this article. All recovered submerged archaeological historic property and submerged paleontological property belong to the State.
(F) Any persons desiring to recover anything of value other than submerged archaeological historic property or submerged paleontological property must obtain permission from the State Budget and Control Board under the terms the board determines.
(G) A person may not knowingly recover, collect, excavate, or disturb a submerged archaeological historic property or submerged paleontological property on submerged lands over which the State has sovereign control without a license from the Institute.
(H) The institute shall issue and administer licenses for any activity involving the recovering, collecting, excavation, or disturbance of submerged archaeological historic property and submerged paleontological property on submerged lands over which the State has sovereign control.
Section 54-7-660. A person may inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, use magnetic or acoustic detection devices, or otherwise use and enjoy a submerged archaeological historic property and/or submerged paleontological property without being required to obtain a license, if the use or activity does not:
(1) Involve excavation, destruction, substantive injury or disturbance of the historic property, a paleontological site or its immediate environment;
(2) Endanger other persons or property; or
(3) Violate other regulations or provisions of federal, state, or local law or ordinance.
Section 54-7-670. (A) A person desiring to conduct temporary, intermittent, recreational, small scale, noncommercial search and recovery of submerged archaeological historic property or submerged paleontological property shall apply for a hobby license from the institute. Any person collecting from state property such as river banks or beaches below the mean low watermark shall apply for a license.
(B) A person desiring to apply for a hobby license shall submit a completed application on a standard form prescribed by the institute together with a license fee. A license fee of five dollars for residents of this State and ten dollars for nonresidents must be charged for a six-month hobby license. A license fee of eighteen dollars for residents of this State and thirty-six dollars for nonresidents must be charged for a two-year hobby license. A license fee of five dollars must be charged for a two-day, weekend hobby license.
(C) This nonexclusive statewide license may be granted optionally for a six-month or two-year period and must be renewed within the period for which the license is granted. An optional weekend, two-day hobby license may be granted to nonresidents for the purpose of collecting during a brief visit to this State. This license may be issued by any dive shop in this State.
(D) There are two categories of hobby licenses, individual and instructional. Individual licenses may be granted to individuals, or members of an immediate family. Instructional licenses may be granted to a skin and scuba diving instructor or an organized training facility.
(E) Hobby license holders may not exercise the privileges of their licenses in waters for which any type of exclusive license has been granted and is in effect or in waters for which such exclusive licenses become effective during the life of that exclusive license.
(F) This section limits the recovery of objects or materials from submerged archaeological historic property and submerged paleontological property under a hobby license to a limited number of objects which can be recovered by hand. All powered mechanical dredging and lifting devices and buoyancy equipment except a personal flotation device of any sort are prohibited including but not limited to prop wash, air lift, water dredge and pneumatically operated lift bags, under the license.
(1) A person with a hobby license may collect from submerged lands of this State a reasonable number of artifactual items and/or complete and fragmented fossil specimens a day that:
(a) are exposed or resting on the bottom sediments of submerged lands; and
(b) do not require excavation to recover.
(2) No artifactual or paleontological materials may be recovered from submerged lands of this State unless they can be obtained by hand.
(3) No specimen may be recovered from a fossil specimen with joined or interrelated elements before contacting the museum.
(G) (1) All persons who have collected objects in accordance with Sections 54-7-670 or 54-7-680 shall furnish the institute with a report, which is to include a list of the objects and a description of the places from which the objects were recovered. Hobby divers are also encouraged, but not required, to include photographs or drawings of artifacts recovered and rough sketch plans of the site or map of the location with the exception of shipwreck sites covered under subsection (G)(2) of this section. Reports submitted under six-month or two-year hobby licenses must be filed within ten days following the end of the calendar quarter in which the activities took place. Reports submitted under a weekend, two-day, hobby license must be filed within a week after the diving activities took place.
(2) No more than ten artifacts a day may be recovered from a shipwreck site. Divers may not destroy the integrity of the ships' structure by removing or moving timbers, fittings, fastenings, or machinery. Hobby divers who have recovered any artifacts from a shipwreck site must include in the report both a locational reference to the shipwreck site by locating the site on a topographic or hydrographic chart and a sketch map of the wreck site showing the location where the artifacts were recovered from in relation to the wreck.
(3) (a) The institute shall review each list of objects and within sixty days from the receipt of the quarterly report release title to all specimens reported.
(b) Objects recovered that are not considered by the institute to be artifactual items may be retained by the persons who collected the objects.
(c) If the institute has not acted by the end of the sixty days, title to the artifactual material recovered and listed on the hobby diver's report is automatically conveyed to the licensee.
(d) If the institute has determined that the licensee has violated any of the terms of this article, the institute may require the artifacts be turned over to the institute, and revoke the license.
(H) (1) All persons who have collected fossil specimens in accordance with this section or Section 54-7-680 shall furnish the museum commission with a report, which must include a list of the fossils and a description of the places from which the fossils were recovered. Hobby divers are also encouraged, but not required, to include photographs or drawings of fossils and rough sketch plans of the site or map of the location. Reports submitted under six-month or two-year hobby licenses must be filed within ten days following the end of the calendar quarter in which the activities took place. Reports submitted under a weekend, two-day, hobby license must be filed within a week after the diving activities took place.
(2) (a) The museum shall review each list of specimens and within sixty days from receipt of the quarterly report release title to all specimens reported.
(b) Specimens recovered that are not considered by the museum to be paleontological material may be retained by the persons who collected the fossils.
(c) If the museum has not acted by the end of the sixty days, title to the paleontological material recovered and listed on the quarterly report is automatically conveyed to the licensee.
Section 54-7-680. (A) A dive instructor, dive store, club, or dive charter business desiring to allow student divers or charter group divers without individual hobby licenses to collect artifacts requires an instructional license. The instructional license allows only recreational, small scale, noncommercial search and recovery operations. A person whose name the instructional license is under is not required to have a hobby license. Quarterly reports must be submitted under the licensee's instructional license number.
(B) A facility such as a dive store, club, or dive charter business offering state-sanctioned Archaeological Sport Diver Certification is required to have an instructional license.
(C) A person or facility desiring to apply for an instructional license should submit a completed application upon a standard form prescribed by the institute together with a license fee. A license fee schedule must be made available by the South Carolina Institute of Archaeology and Anthropology on an annual basis. Instructional licenses may be renewed optionally on either a six-month or a two-year basis.
(D) The same conditions as a hobby license apply to the collection of artifacts under an instructional license. Each diver covered by the instructional license may recover up to ten artifacts and/or fossils a day. Quarterly reports listing artifacts collected by student or charter dive groups must be submitted to the institute by the holder of the instructional license. Reports must be filed within ten days following the end of the calendar quarter in which the activities took place.
(E) The same conditions as a hobby license apply to the collection of fossils under an instructional license. Quarterly reports listing paleontological materials collected by student or charter dive groups must be submitted to the museum by the holder of the instructional license.
Section 54-7-690. (A) The institute may issue an intensive survey license or a data recovery license. Each license is exclusive to the applicant so that, for the duration of the license and any applicable exclusive interest period, the institute may not issue a license to any other person for the same location.
(B) An intensive survey license may be issued to an applicant to carry out an intensive survey for the purpose of delineating the boundaries of a specific location which the applicant believes may contain submerged archaeological historic property or submerged paleontological property.
(C) A data recovery license may be issued to an applicant to conduct data recovery on submerged archaeological historic property or submerged paleontological property if the applicant has submitted positive results of an intensive survey license which was previously issued by the institute for the same location. The results must include, as applicable:
(1) documentary archival evidence, and if no documentary evidence is found, primary and secondary sources consulted must be listed;
(2) electronic remote sensing data; and/or
(3) artifactual or fossil specimen evidence recovered from a proven site context.
(D) A person who seeks to excavate, or disturb submerged archaeological historic property or submerged paleontological property shall apply for a license from the institute. Upon receiving a report of a submerged archaeological historic property or submerged paleontological property, the institute shall, within sixty days of receipt of the report, assess the property to determine its significance.
(E) The institute may waive the requirement of a license under this article if the activity underlying the license is an undertaking that is subject to Section 106 of the National Historic Preservation Act, and the applicant is complying with the provisions of that law and any corresponding regulations.
(F) Applications for licenses must be made upon standard forms prescribed by the institute. Each application must include at least:
(1) the precise position of the project location including a map of sufficient detail to enable the location to be accurately depicted on a standard marine navigational chart;
(2) the depth of the project location;
(3) the applicant's opinion, based upon archival or archaeological research as to specific characteristics of the submerged archaeological historic property including, at a minimum and where applicable, size, age, type and identity, methods and materials of construction, and the general condition of the property. In the case of submerged paleontological property the applicant's opinion, based upon archival or paleontological research as to specific characteristics of the submerged paleontological material including, at a minimum and where applicable, size, geologic time period, type and identity, and the general condition of the fossils. The institute may also require the applicant to submit pertinent archival, archaeological, paleontological, and other research data utilized by the applicant as the basis of the applicant's opinion.
(4) a proposed research plan, which must conform to the standards of underwater archeology established by the institute, and designed to recover relevant scientific, historical, architectural, paleontological or other data as well as artifacts. It must be in a form prescribed by the institute and detail the proposed techniques and methods of excavation, recovery, conservation, inventory, recordation, storage of recovered materials, dissemination of data, and the proposed starting date and length of time expected to be devoted to the work. The proposed research plan must also consist of:
(a) a description of the proposed methodology, identification, documentation, or other treatment of submerged archaeological historic property or submerged paleontological property that identifies the project's goals, methods, and techniques, expected results, and the relationship of the expected results to other proposed activities or treatments.
(b) a justification of the specific techniques and methods proposed to be used;
(5) information regarding the personnel who will be performing the work. This information must include at least the following:
(a) the name and address of the applicant;
(b) the name and address of the field archaeologist who will be immediately supervising the work;
(c) the names and addresses of all persons who will participate in the work; and
(d) a listing for each individual, including the field archaeologist, of his relevant experience, training, and certifications in maritime archeology or related fields.
(6) a listing of the proposed equipment to be used in the work or that will be available for use;
(7) a copy of the applicant's most current financial statement and an explanation of the applicant's proposed resources financially to support the work; and
(8) the appropriate license application fee.
Section 54-7-700. (A) The institute may issue an exclusive license for the excavation, or disturbance of submerged archaeological historic property and submerged paleontological property on submerged lands over which the State has sovereign control to any person or entity for the time and under the conditions as the institute considers appropriate. After an agreement has been entered into pursuant to Section 54-7-650(B), licenses may be issued if the institute determines that:
(1) issuance of the license is in the best interests of the State; and
(2) the applicant has completed an application which includes a research plan that meets standards established by the institute regarding professional qualifications, techniques, and methodology for recovery and dissemination of data, and proper conservation of information and materials.
(B) The institute may not issue an exclusive license to a person or entity seeking title to a submerged archaeological historic property or submerged paleontological property or a portion of such property, or to a person or entity seeking to utilize a submerged archaeological historic property or submerged paleontological property for commercial salvage or other income-producing purposes, unless:
(1) issuance of a license is consistent with the purposes of subsection (A) (2) of this section;
(2) the applicant has provided the institute with some form of assurance acceptable to the institute that the project will be carried out and completed in accordance with the research plan approved by the institute; and
(3) the institute finds one or more of the following conditions met:
(a) the property to be excavated or disturbed is, in the opinion of the institute, threatened with imminent destruction or substantial damage by natural factors or by human factors unrelated to the commercial excavation or disturbance of the submerged archaeological historic property or submerged paleontological property in question;
(b) the submerged archaeological historic property or submerged paleontological property is not, in the opinion of the institute, of primary scientific value, of major archaeological, anthropological, historical, recreational, or other public value;
(c) the proposed disturbance will be minor in scale and will produce information relevant to the goals of the South Carolina Institute of Archaeology and Anthropology or the South Carolina Museum Commission regarding the management and preservation of submerged archaeological historic property and submerged paleontological property; or
(d) that the subject property of the license will not be excavated by any other person in the foreseeable future and that property will remain submerged until that time.
(C) The institute may apply the requirements of subsection (B) of this section to all noncommercial applicants.
(D) (1) The institute may require a licensee to assist in defraying the cost of the institute's and/or museum's review, administration, and supervision of the license.
(2) The application fee for an intensive survey license is fifty dollars for residents and one hundred dollars for nonresidents. The application fee for a data recovery license is five hundred dollars for residents and one thousand dollars for nonresidents.
(3) The institute reserves the right to waive the license application fee, in whole or in part, if the institute considers it appropriate in order to adjust the reasonableness of the fee as a proportion of the potential value and risk in undertaking the licensed project to the anticipated costs of the institute to review, supervise, and administer the license.
(4) The license application fee must be refunded if the institute rejects a license application.
Section 54-57-710.(A) The institute shall consider at least the following criteria when determining whether or not to issue an exclusive license:
(1) the degree of archaeological, anthropological, historical, paleontological, and scientific importance, and public educational potential of the proposed property, including, without limitation, its eligibility for inclusion in the National Register;
(2) the date the application was received in order to give priority to the first applicant requesting a license for a particular project location;
(3) the degree and scope of planning undertaken by the applicant including project readiness and financial feasibility and commitment to undertake and complete the work;
(4) the degree of training and experience of the applicant, his personnel or his field archaeologist or field paleontologist in the field of maritime archeology or paleontology and underwater fossil recovery;
(5) the extent to which the applicant's responses in the application are thorough;
(6) the extent to which the applicant possesses, or will possess at the beginning of the work, the necessary equipment to undertake the license activity; and
(7) the degree of public benefit to be derived from issuance of the license in relation to the degree of harm to the state's submerged archaeological historic property or submerged paleontological property to be expected from issuance of the license.
(B) The institute may not issue an exclusive license under this article unless:
(1) The institute has made a written determination that issuance of the license is in the best interest of the State; and
(2) The institute has made a written determination that the applicant has submitted a complete application, including a research plan, in form and content satisfactory to the institute which satisfies all of the requirements of this section.
(C) Accompanied by the applicant, a representative of the institute and/or the museum may visit the proposed project location to determine the license area boundaries and to confirm the information required.
(D) (1) the institute may require a public hearing before a decision regarding the issuance of an exclusive license.
(2) public notice of an application must be posted in a prominent place at the institute and may be circulated to state, federal and local agencies as appropriate.
(3) the public hearing may be held at a location designated by the institute.
(4) at a hearing the applicant shall present his application to the institute, agencies, and the public and allow questions, comment, and responses by these groups.
Section 54-7-720. (A) (1) The institute may approve an exclusive license application from a commercial applicant, but delay issuance of the license until the following conditions have been satisfied within a time period determined by the institute:
(a) The applicant has designated and, if required, placed into escrow the costs associated with the institute's monitoring of the work undertaken, if monitoring is required by the institute;
(b) The applicant has identified and received the institute's approval of the facility proposed to conduct conservation of any recovered artifacts and fossils needing stabilization or articulation;
(c) In the case of a data recovery license, the institute and the applicant have agreed upon all issues of disposition and title to submerged archaeological historic property or submerged paleontological property which may be recovered by the applicant;
(d) The applicant has furnished the institute with a form of assurance acceptable to the institute and adequate to guarantee that if work under the license is interrupted or abandoned, the necessary archaeological and/or paleontological fieldwork, analysis, report preparation, conservation, and curation will be carried out in accordance with the research plan approved by the institute. This assurance may be in the form of escrowed funds, a letter of credit, a performance bond, or other type of assurance acceptable to the institute. The type and amount of assurance may be negotiated between the applicant and the institute, but the amount normally must be a sum equal to at least one-third the amount budgeted and approved by the institute for field recovery, unless a lesser amount is determined by the institute to be acceptable; and
(e) Any other condition that the institute considers necessary to protect the integrity of submerged archaeological historic property or submerged paleontological property.
(2) The requirements of item (1) of this subsection also apply to noncommercial applicants for exclusive licenses who are seeking title to submerged archaeological historic property or submerged paleontological property, other than an agency or unit of the State.
(B) If the institute determines not to issue a license, the institute shall issue a written notice of denial.
(C) (1) An applicant may request reconsideration of a denial by submitting a written request to the institute which must be received within thirty days following the date of the institute's denial notice. The request for reconsideration must address each reason for the denial and provide documentation supporting reasons for reconsideration of the issues.
(2) Any person aggrieved by the decision of the institute may request an institute hearing.
(3) The hearing must be held and the institute's final decision issued within sixty days of the date of the hearing.
Section 54-7-730. (A) Each license issued by the institute must contain at least the following provisions:
(1) the duration of the license;
(2) the boundaries of the area in which the work will be undertaken;
(3) a description of the scope of work to be undertaken by the licensee, and, if a data recovery license, a description of the artifactual and/or paleontological materials expected to be recovered;
(4) a listing of the key personnel including the field archaeologist who will be conducting the work; and
(5) a description of the expected types of activity which must be undertaken by the licensee in order to restore the submerged lands following completion of the intensive survey or investigation.
(B) A license issued by the institute may contain provisions requiring monitoring of the license activity by a monitoring archaeologist and/or a monitoring paleontologist in order to ensure compliance with the provisions of the license and this article. These provisions, if any, must be so noted on the license.
Section 54-7-740. For each license issued by the State Archaeologist the following provisions also apply:
(1) (a) The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the work is subject to prior approval by the institute in order to assure that the overall qualifications of the licensee are consistent with those originally considered by the institute in the issuance of the license.
(b) The institute must be afforded at least ten business days to review the qualifications of proposed new personnel before approving their assignment. If the institute fails to respond within the ten-day period the new personnel are considered approved.
(2) (a) At all times there must be a person designated by and acting for the licensee aboard any vessel or present at any phase of the work carried out under the license who is responsible for the work and the proper accounting of all artifacts and fossil specimens located or recovered, and who must be familiar with, and responsible for compliance with, the terms and requirements of the license.
(b) At all times the work must be under the immediate supervision of a professional field archaeologist with training or experience in maritime archeology that is acceptable to the institute or, where a paleontological property is involved, a field paleontologist or museum curator that is acceptable to the museum.
(c) The monitoring archaeologist, if any, shall ensure that the field archaeologist complies with the research plan approved by the institute.
(d) The monitoring paleontologist, if any, shall ensure that the field paleontologist complies with the research plan approved by the institute and museum.
(e) Any disputes or differences of opinion between the field archaeologist and the monitoring archaeologist must be resolved by the monitoring archaeologist.
(f) Disputes or differences of opinion between the field paleontologist and the monitoring paleontologist must be resolved by the monitoring paleontologist.
(g) If a license contains monitoring provisions, the licensee shall act in accordance with the direction given by the monitoring archaeologist and/or monitoring paleontologist, especially with respect to:
(i) methods of handling any artifact or fossil specimen so as to minimize any risk of loss, damage, substantive injury to, or deterioration of, the artifact or specimen;
(ii) methods of preserving from damage, decay, or deterioration any artifact or fossil specimen by contact with air, light, or otherwise;
(iii) methods of entering upon or dealing with any site so to avoid as much as possible any damage to the site; and
(iv) methods of cataloguing, indexing, or recording any artifacts and/or fossil specimens found upon or in the vicinity of any site whether or not those artifacts or specimens are brought to the surface.
(3) (a) Changes in financial support or equipment for the project from that listed in the license application must be approved by the institute.
(b) The licensee shall notify the institute in writing of changes or proposed changes in financial support or equipment from that noted in the license application. The notice shall contain information regarding the change in the form and detail required by the institute. The institute must be afforded at least ten business days to review the changes before making a decision whether or not to approve them. If the institute fails to respond within the ten-day period, the changes are considered approved.
(c) If the institute determines that changes or proposed changes in the financial support or the equipment for the project from that listed in the license application decrease materially the licensee's ability to carry out and complete the project in accordance with the research plan approved by the institute, the State Archaeologist may revoke the license.
(4) (a) The institute may require that security be provided and maintained for sites where submerged archaeological historic property or submerged paleontological property are discovered that are sufficiently significant to warrant protection.
(b) If the institute determines that a site warrants protection, the licensee is responsible for providing and maintaining security for the site.
(c) The State is not responsible for marking or protecting a site except as the institute may determine to be desirable in the administration of this article.
(5) During work carried out under a license granted by the institute, the applicant shall maintain logs of all activities related to the license on standard forms prescribed by the institute, which must include:
(a) a day log;
(b) a survey log;
(c) a diving log;
(d) a photographic log; and
(e) an artifact log, including a catalogue numbering system prescribed by the institute.
(6) (a) The licensee may not use any means of survey or excavation that would destroy or substantially injure a submerged archaeological historic property or submerged paleontological property before its location has been documented.
(b) The licensee may not use explosives, cutterhead dredges, draglines, clam dredges, airlifts, suction dredges, prop wash deflectors, or other grossly destructive devices in any aspect of activities covered under a license without the prior written consent of the institute.
(7) (a) Recovery of artifacts and/or fossils may be made only under the supervision of the monitoring archaeologist in accordance with the research plan approved by the institute.
(b) Large artifacts such as cannons, anchors, and hull remains, that have not been specified for recovery in the license, may not be recovered unless the licensee has obtained specific written permission from the institute.
(c) Before a division of artifacts and/or fossils in accordance with the method established at the issuance of the license, the licensee may not:
(i) devise, bequeath, transfer, convey, or dispose of by any manner an artifact or fossil recovered under the authority of a license; or
(ii) melt, render down, or in any way change the shape, character or form of an artifact or fossil recovered under the authority of a license.
(8) (a) The licensee is wholly responsible for transporting, storing, and stabilizing all artifacts and fossils raised under the license and for the costs associated with these activities. The licensee is wholly responsible for conserving all artifacts and/or fossils to which the licensee receives title in a division.
(b) The licensee shall deliver by a safe means all artifacts and/or fossils recovered during each calendar month through the duration of the license to the conservation facility approved by the institute in accordance with Section 54-7-720(A)(1)(b) for secure storage until the artifacts and/or fossils are treated or disposed of in accordance with the license. The licensee shall ensure delivery of the artifacts and/or fossils to the conservation facility within a time that has been specified in the license.
(c) Every artifact and fossil delivered for storage to the conservation facility must be catalogued on an inventory form. The inventory form shall indicate receipt of the artifacts and/or fossils through the signature of a person authorized by the facility to receive the artifacts and fossils from the licensee. One copy of the inventory must be retained by the licensee, one copy must be transmitted to the institute, and one copy must be kept with the artifacts and/or fossils at the conservation facility.
(d) The institute may designate separate storage areas for artifacts and fossils which are bulky and of a comparatively low intrinsic historical, scientific, or educational value from those items of high intrinsic historical, scientific, or educational value.
(e) While any artifact or fossil is in storage, the state may use whatever means appropriate to inspect, document, conserve, record, and analyze the artifact or fossil.
(9) (a) The licensee shall comply fully with all applicable federal, state, or local safety regulations governing activities exercised under the privileges of the license.
(b) The licensee shall agree to indemnify the State and the institute from liability in accordance with Section 54-7-820(B).
(c) The licensee shall maintain adequate insurance coverage for worker's compensation and liability to cover all activities under the license.
(10) The licensee shall remove all waste, refuse, rubbish, or litter from the submerged lands caused by the licensed activity.
(11) (a) The licensee shall comply fully with all federal, state and local laws and regulations which govern the activities exercised under the privileges of the license and shall apply for, receive, and fully comply with all necessary licenses and permits.
(b) The licensee shall ensure that its operations are conducted in a manner so as not to impede navigation in existing federal or state navigation channels or to damage or destroy important natural areas, geologic formations, ecological preserves, or habitat areas.
(12) In addition to any monitoring requirement that may be set forth in the license, a representative of the institute or, where paleontological property is involved, a representative of the museum may visit and be present at the location of operations carried out under a license including diving operations, storage, conservation, recordation, or any other aspect of the operations for which a license has been granted in order to ensure compliance with the license and this article.
(13) (a) A representative of the institute or other designated state enforcement authority may at any time require the licensee to produce the license for examination.
(b) A representative of the institute may examine all work done or being done under the license.
(14) Licensees shall maintain records and file reports of activities as the institute specifies in the license. All records must be open to inspection by representatives of the institute or, where paleontological property is involved, representatives of the museum during reasonable working hours.
(15) A license, or any part of a license, may not be assigned by the licensee to another person including a successor in interest of the licensee without the prior written consent of the institute. The work covered by a license may not be contracted or subcontracted by the licensee to any party not addressed by the license without the prior written consent of the institute.
(16) The licensee, shall retain full responsibility for the operations conducted under the license whether or not any of the work has been contracted or subcontracted. At all times there must be a person designated by the licensee aboard a vessel or present at any phase of the operation conducted under the privileges of the license who must be responsible for the work and who is familiar with the law, stipulations, and directives concerning the work and who is responsible for compliance with them in order to insure preservation of submerged archaeological historic property and/or submerged paleontological property.
(17) The licensee shall prohibit its agents or employees from retaining any artifact and/or fossil specimens from a site.
(18) (a) No applicant may be granted more than one exclusive license for the same time period.
(b) To afford adequate protection for the interest of the State, it is the policy of the institute to limit the number of licenses granted to those that can be properly supervised, monitored, and administered by the authorized agents of the institute.
Section 54-7-750. (A) The conditions set forth in this section for intensive survey licenses apply in addition to the terms and conditions for all licenses.
(B) (1) The institute may issue an intensive survey license for up to a defined one square mile area.
(2) (a) The institute may issue an intensive survey license for up to ninety days.
(b) The licensee may request in writing renewal of the license for one additional period of up to ninety days. Upon application and payment to the institute of an additional fee in the same amount as the initial fee no later than fifteen days before the expiration of the license, the institute may renew a license under which the work has adhered to the license if the institute finds the renewal to be in the best interest of the State.
(c) (i) Upon written request and payment to the institute of an additional fee in the same amount as the initial fee, at any time throughout the duration of a license, the licensee may reserve intensive survey rights in the square mile sections immediately surrounding, and contiguous to, the license area. Unless specifically approved in writing by the institute, the licensee may not carry out any activity in the reserved area until the institute's issuance of an additional license for the reserved area.
(ii) The institute may issue an additional intensive survey license for the requested reserved area without any subsequent additional fee if the institute has determined that the licensee has adhered to the terms of the initial license.
(C) With a minimum of disturbance to the site the licensee shall:
(1) identify the source of anomalies;
(2) delineate the extent of the site; and
(3) evaluate the potential characteristics and significance of the submerged archaeological historic property or submerged paleontological property in consultation with the monitoring archaeologist or other representative of the institute or museum.
(D) The licensee may not recover artifacts and/or fossil materials other than a limited number of small diagnostic artifactual and fossil materials that are useful in dating the site or in otherwise determining site significance.
(E) (1) If the institute determines that the licensee has carried out the intensive survey in compliance with the license and this article, the institute may:
(a) retain the state's title and control of those artifactual and fossil items that the institute considers to be of primary scientific value, or of major archaeological, anthropological, historical, paleontological, recreational, or other public value; and
(b) release the state's title to those artifactual and fossil items the institute does not consider to be of primary scientific value, or of major archaeological, anthropological, historical, recreational, or other public value.
(F) (1) (a) Unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in the intensive survey license area for one hundred eighty days from the expiration date of the license. The licensee must apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty-day period in order to exercise the licensee's exclusive interest.
(b) If the licensee has reserved intensive survey rights in areas immediately surrounding and contiguous to the licensed one square mile section, then, unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in those reserved areas, if an intensive survey has been conducted in those areas, for one hundred eighty days from the expiration of a license related to those areas that has been issued to the licensee. The licensee shall apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty-day period in order to exercise the licensee's exclusive interest.
(2) If the institute does not receive the data recovery license application for the surveyed area within the one hundred eighty-day period or the extended period, the institute may then accept license applications from other persons.
Section 54-7-760. (A) The conditions established in this section for data recovery licenses apply in addition to the terms and conditions for all licenses established in Section 54-7-670 through 54-7-730.
(B) (1) An applicant may not be issued more than one license at a time for a single submerged archaeological historic property or submerged paleontological property unless the institute determines that the applicant is capable of carrying out all proposed activities in a manner satisfactory to the institute, and that the licenses can be properly supervised and administered by the institute.
(2) The institute may issue a data recovery license for an appropriate period not to exceed one year. The licensee may request in writing renewal of the license for the same additional period. Upon application and payment of an additional fee not later than thirty days before the expiration of the license, the institute may renew a license under which work has adhered to the license if the institute finds the renewal to be in the best interest of the State.
(C) (1) In areas disturbed under license, all artifacts encountered must be recovered by the licensee, with the exception of large artifacts such as cannons, anchors, and hull remains which would require special handling, storage, and preservation. The licensee shall contact the institute when large artifacts or hull remains are involved.
(2) In areas disturbed under license, all specimens encountered must be recovered by the licensee, with the exception of fragile fossils which would require special handling, storage, and preservation or complete or partial intact skeletal remains. The licensee shall immediately contact the museum if complete or partial intact skeletal remains are found if the fossil needs special handling to insure its preservation on excavation.
Section 54-7-770. Upon the written request of the licensee or, if considered necessary by the institute, the institute may issue a modification to the license that can add, delete, or modify provisions contained in the license if the modification is consistent with this article.
(1) The institute may determine that with respect to a particular application for a data recovery license, it is in the best interest of the State to do either, or a combination of the following:
(a) retain the state's title and control of all or a portion of recovered submerged archaeological historic property or submerged paleontological property; or
(b) enter into a disposition agreement and convey the state's title to all or a portion of recovered submerged archaeological historic property or submerged paleontological property.
(2) (a) A data recovery license issued by the institute also may include a disposition agreement that authorizes the state's conveyance of title to submerged archaeological historic property or submerged paleontological property, or a portion of the property, if:
(i) The institute and the applicant have agreed upon a division of the artifacts and/or fossils expected to be recovered which may be in value, in kind, or a combination of both; and
(ii) The applicant has agreed that its share of the division constitutes reasonable compensation for the recovery of artifacts and/or fossils to which the institute determines to retain the state's title.
(b) The institute shall act as arbiter of the division of artifacts and fossils giving due consideration to the fair treatment of the applicant and acting in the best interest of the State which may include the desire to maintain the integrity of a collection as a whole.
(c) The terms of a disposition agreement must include a provision that, except as provided in item (d) of this subsection, following the actual disposition of the artifacts and/or fossils, the licensee owns the artifacts and/or fossils free and clear of any interest of the institute or the State.
(d) The terms of a disposition agreement may include:
(i) An option or right of first refusal by the institute to purchase from the licensee after disposition of title one or more artifacts and/or fossils about which the institute has made a written determination to be of archaeological, anthropological, historical, recreational, or other public value to warrant reacquisition by the institute in certain circumstances; and
(ii) The terms of additional compensation to be received by the licensee if, after recovery of the artifacts and/or fossils, the institute elects to retain title to more artifacts and/or fossils than as originally provided in the disposition agreement.
(3) A representative of the institute or, where submerged paleontological property is involved, a representative of the museum, and the licensee shall inspect all artifacts and/or fossils recovered under the license within a reasonable time following recovery but, in no event later than sixty days after the expiration of the license.
(4) The institute and the licensee shall carry out the terms of disposition of artifacts as agreed upon in the license which will allow for a reasonable time for photography, study, research, and conservation of the artifacts and/or fossils.
(5) The licensee is not entitled to claim any sum other than payment, if any, which may be provided for under the disposition agreement, and is not entitled to claim reimbursement of expenses of data recovery.
(6) For a commercial applicant for a data recovery license, the applicant, if licensed, must receive at least fifty percent of the artifacts and/or fossils recovered, in value or in-kind.
Section 54-7-785. If the finder of a wreck is other than the licensed salvor (commercial applicant), the finder must receive twenty-five percent of the licensed salvor's share.
Section 54-7-790. (A) A license is not required of the institute for any undertaking otherwise requiring a license under this article.
(B) A license is not required of the museum for any undertaking involving paleontological property otherwise required under this article.
Section 54-7-800. (A) The institute may suspend operations under a license at any time for just cause if it has reason to believe that the terms and provisions of a license or other applicable law or regulation are being violated. Within ten days of the suspension, the State Archaeologist or his designee shall begin investigating the facts underlying a suspension. Upon conclusion of this investigation, the State Archaeologist shall issue a written determination recommending either that the license be restored or that the license be revoked. If the State Archaeologist recommends revocation of the license, then the license shall remain suspended until the matter is resolved as provided in this section.
(B) The State Archaeologist may revoke a license for:
(1) failure to begin work under the terms of the license within the first one-third of the period of the license;
(2) failure to work diligently toward completion of the project after it has been started or failure to maintain a presence on the site if weather permits;
(3) if a licensee knowingly makes or causes to be made a false statement or report that is material to an action taken by the institute;
(4) failure to comply with any of the provisions of the license;
(5) violation of this article or any other pertinent law or regulation; or
(6) when a license has been issued based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this article.
(C) (1) The institute shall serve a notice of intent to revoke a license upon the licensee with a brief statement of the reasons alleged.
(2) The licensee may request a hearing within thirty days of receiving the notice by filing a written request for a hearing with the institute.
(3) The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(D) The institute or anyone authorized by the institute may appropriate any artifacts and data that have been collected or recovered as a result of a violation of this article. The appropriated artifactual materials must be managed, cared for, and administered by the institute and the appropriated paleontological materials must be managed, cared for, and administered by the museum until a hearing can be held.
Section 54-7-810. (A) (1) A person who violates any of the provisions of Section 54-7-650(G), Section 54-7-660, or Section 54-7-670 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than fifty dollars. If a person holds a hobby license issued under these sections, the license may be revoked by the institute.
(2) Each day a violation continues constitutes a separate offense.
(B) (1) A person who violates the terms of a hobby license issued by the institute under Section 54-7-680 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars. If a person holds a hobby license issued under Section 54-7-680, the license may be revoked by the institute.
(2) Each day a violation continues constitutes a separate offense.
(C) (1) A person who violates the terms of an exclusive license to utilize a submerged archaeological historic property or paleontological property for commercial salvage or other income producing purposes issued pursuant to Section 54-7-690 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisonment for not more than one year, or both. If the person holds a license issued under that section, the license may be revoked by the institute.
(2) Each day a violation continues constitutes a separate offense.
Section 54-7-820. (A) The institute reserves the right to retain and distribute for research or educational purposes data provided to the institute under this article. All archaeological and paleontological records of the South Carolina Institute of Archaeology and Anthropology and the South Carolina Museum Commission pertaining to submerged archaeological historic properties and submerged paleontological properties, including but not limited to, actual locations of the properties or mandatory reports from licensed divers concerning locations of the properties or objects or materials recovered from such properties, are not considered public record for purposes of the Freedom of Information Act. These records may only be opened when the State Archaeologist considers that it is in the best interest of the State to allow access to the records upon good cause shown by the persons petitioning to open the records.
(B) The State and the institute are not liable or responsible for any accident, injury, or other harm sustained by any person or loss, damage, or harm to any vessel, equipment, or property in any way connected or associated with activities conducted on or about submerged lands with or without a license. Licensees shall agree to protect, indemnify, and hold harmless the institute and the State against liabilities, suits, actions, claims, demands, losses, expenses, and costs of every kind incurred by, or asserted or imposed against, the institute or the State as a result of or in connection with the license. All money expended by the institute or the State as a result of these liabilities, suits, actions, claims, demands, losses, expenses, or costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, is due and payable immediately and without notice by the licensee to the institute or the State, as appropriate.
(C) (1) If, in the course of activity licensed under this article, a person discovers human remains or an apparent grave site, the person shall:
(a) leave the remains undisturbed unless the remains are a person who died in the course of diving operations or other immediate cause, including but not limited to drowning, boating accident, or homicide;
(b) immediately notify the State Archaeologist, Deputy State Archaeologist for Underwater or a representative of the institute; and
(c) suspend activity at the site until permitted to resume by the institute.
(2) The State reserves the right to recover human remains for the purpose of study or reburial in accordance with any pertinent federal or State law.
(D) (1) Except as may be otherwise specifically provided, the Deputy State Archaeologist for Underwater is designated to issue licenses and otherwise administer this article.
(2) The institute may establish from time to time detailed guidelines containing archeology standards, processing requirements, and other requirements or matters relating to the administration of this article.
(E) The institute may waive or vary particular provisions of this article to the extent that the waiver or variance is not inconsistent with this article and if, in the written determination of the institute, the application of a provision of this article in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the article.
Section 54-7-830. Nothing in this article may be construed to limit or prohibit the use of privately-owned land by its owner, or require the owner to obtain a license required by this article for any activity on his privately-owned land.
Section 54-7-840. The institute shall:
(1) establish and maintain an educational program for the training of interested members of the public in the identification, recordation, and registration of submerged archaeological historic property, and certify those who have successfully completed such training; and
(2) ensure that at least one member of the staff of the institute is qualified by training and experience in the field of underwater archaeology.
Section 54-7-850. All license fees received by the institute pursuant to this article may be retained without regard to the fiscal year of receipt and must be used only to implement this article."
SECTION 2. Article 4, Chapter 7, Title 54 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator RUSSELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator RUSSELL, H. 3739 was ordered to receive a third reading on Friday, May 31, 1991.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (N05\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of Wednesday, May 22, 1991.
On motion of Senator LEATHERMAN, the Bill was carried over.
MOTION ADOPTED
On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the Honorable HORACE C. SMITH, Senator from Spartanburg County, District #13.
Senator WILLIAMS moved that when the Senate adjourns on Friday, May 31, 1991, it stand adjourned to meet Tuesday, June 4, 1991, at 12:00 Noon, which motion was adopted.
At 1:05 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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