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The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3881 -- Reps. H. Brown, Boan and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

Rep. LANFORD explained the Bill.

On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 3881 be read the third time tomorrow.

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted.

H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.

The following Bill was taken up.

H. 3123 -- Reps. R. Smith and Kelley: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES AND PROVISIONS REGARDING THE REINSTATEMENT FEE, THE PER DIEM FINE, AND OTHER MONETARY PENALTIES; AND TO REPEAL SECTIONS 38-77-175 AND 56-7-12, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7408JM.95), which was adopted.

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

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

"Section 38-77-176. On the uniform traffic ticket there must be a statement to verify insurance coverage or box to check whereby the insurance coverage of an owner or operator ticketed for a moving violation by an officer can be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage as required by Sections 38-77-175 and 56-7-12. The provisions of this section shall fulfill the requirements of Sections 38-77-175 and 56-7-12."

SECTION 2. Section 38-77-175 of the 1976 Code, as added by Act 113 of 1993, is amended to read:

"Section 38-77-175. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation Safety.

(C) The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.

(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.

(E) This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.

(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.

(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.

However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE

SECTION 3. Section 56-7-12 of the 1976 Code, added by Act 113 of 1993, is amended to read:

"Section 56-7-12. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation Safety.
(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it court adjudicating the traffic ticket for a moving violation when he tenders payment of any fine or bond, or appears in court, regarding this moving violation offense, or at the time of any other disposition of the ticketed offense. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured. In addition to any other penalties provided by this section or by law for a person owning or operating an uninsured motor vehicle, failure of the owner or operator of the vehicle to return this insurance verification form as required by this section shall result in a one hundred dollar fine which must be paid to the governing body of the local law enforcement agency issuing the traffic ticket for a moving violation and deposited in the general fund of the local governing body.

(C) The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.

(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or

(E) This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.

(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.

(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.

However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."

SECTION 4. The 1976 Code is amended by adding:

"Section 56-7-13. On the uniform traffic ticket there must be a statement to verify insurance coverage or box to check whereby the insurance coverage of an owner or operator ticketed for a moving violation by an officer can be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage as required by Sections 38-77-175 and 56-7-12. The provisions of this section shall fulfill the requirements of Sections 38-77-175 and 56-7-12."

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. RICHARDSON explained the amendment.

The amendment was then adopted.

Amend the Committee Report, as and if amended, Section 38-77-175(B), as contained in SECTION 2, page 2, by striking lines 15 through 18 and inserting:

/hundred dollar fine which must be collected and distributed pursuant to Sections 14-1-205 through 14-1-208./

Amend further, Section 56-7-12(B), as contained in SECTION 3, page 3, by striking lines 33 through 36 and inserting:

/hundred dollar fine which must be collected and distributed pursuant to Sections 14-1-205 through 14-1-208./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. CATO moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted.

Rep. KLAUBER moved to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, May 2, which was agreed to.

H. 3760 -- Reps. Klauber, Vaughn and Felder: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND EXEMPTIONS, SO AS TO PROVIDE THAT NO FEE PROVIDED FOR IN THIS SECTION OR BY ANY REGULATION PROMULGATED UNDER THIS SECTION SHALL BE CHARGED TO, IMPOSED UPON, OR COLLECTED FROM OR ON BEHALF OF ANY PERSON EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION.

Reps. KLAUBER, FELDER and NEILSON proposed the following Amendment No. 1.

The effective date of this act is changed to "the end of the existing contract."

Rep. KLAUBER explained the amendment.

Rep. BOAN moved that the House recur to the morning hour, which was agreed to.

The following was introduced:

H. 4171 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE CECIL CLIFTON CORBETT, JR., ON HIS RICHLY DESERVED INDUCTION INTO THE SOUTH CAROLINA MUSIC AND ENTERTAINMENT HALL OF FAME ON APRIL 18, 1995.

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

The following was taken up for immediate consideration and accepted.

April 21, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Society of Association Executives, we would like to invite the members of the House, their spouses and staff to a special celebration "Helping to Build a Stronger Community."

May 3 from 1-2 P.M. four tents will be set up on the south side of the South Carolina State House grounds. In order to serve the members of the Senate and the House quickly, a special tent will be reserved for your complimentary ice cream.

The most recent surveys found that over 583,000 South Carolinians hold individual memberships in our state associations. They annually spend $1.8 million on trade shows meeting and conventions while contributing over $62 million to the state's economy.

Sincerely,
Jim Bracewell
Executive Vice President

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4155 -- Rep. Marchbanks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO PHILIP H. PRINCE FOR HIS EXEMPLARY DISTINGUISHED SERVICE AS THE PRESIDENT OF CLEMSON UNIVERSITY ON WEDNESDAY, MAY 17, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.

On motion of Rep. QUINN, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 4155 -- Rep. Marchbanks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO PHILIP H. PRINCE FOR HIS EXEMPLARY DISTINGUISHED SERVICE AS THE PRESIDENT OF CLEMSON UNIVERSITY ON WEDNESDAY, MAY 17, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That Philip H. Prince be extended the privilege of the floor of the House of Representatives for the purpose of being recognized for his exemplary distinguished service as President of Clemson University, on Wednesday, May 17, 1995, at a time to be determined by the Speaker.

The Resolution was adopted.

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998 ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED CONSECUTIVELY AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO STAGGER THE TERMS OF THE THREE AT-LARGE MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR ELECTION TO THESE OFFICES.

Rep. ROBINSON explained the Bill.

On motion of Rep. ROBINSON, with unanimous consent, it was ordered that H. 4166 be read the third time tomorrow.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep KLAUBER having the floor.

H. 3760 -- Reps. Klauber, Vaughn and Felder: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND EXEMPTIONS, SO AS TO PROVIDE THAT NO FEE PROVIDED FOR IN THIS SECTION OR BY ANY REGULATION PROMULGATED UNDER THIS SECTION SHALL BE CHARGED TO, IMPOSED UPON, OR COLLECTED FROM OR ON BEHALF OF ANY PERSON EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION.

Debate was resumed on Amendment No. 1, by Reps. KLAUBER, FELDER and NEILSON.

Rep. KLAUBER continued speaking.

Rep. SHEHEEN spoke against the amendment.

Rep. MASON spoke in favor of the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 3760 be read the third time tomorrow.

Statement for Journal - Re: H. 3760. As a title insurance agent I am personally impacted by the provisions of this bill and therefore abstain from voting on H. 3760

Rep. J. MICHAEL BAXLEY

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

Bill #: H. 3760 General Subject Matter: Insurance license

The reason for abstaining on the above reference legislation is:

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

Rep. WILLIAM D. BOAN

Rep. LANFORD moved to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, May 2, which was agreed to.

H. 3123 -- Reps. R. Smith and Kelley: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH

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