of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
H. 3795 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE FOR A DETERMINATE PERIOD NOT TO EXCEED NINETY DAYS WITHOUT FIRST TEMPORARILY COMMITTING THE CHILD TO AN EVALUATION CENTER.
H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
H. 3797 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION CONGRATULATING THE ANDREWS YELLOW JACKETS BOYS BASKETBALL TEAM OF GEORGETOWN COUNTY ON WINNING THE 1995 STATE CLASS AA BASKETBALL CHAMPIONSHIP AND COMPLETING AN UNDEFEATED SEASON.
H. 3798 -- Reps. Townsend, Stoddard, Wright, Byrd, Allison, Anderson, Cain, Cooper, Fair, Jaskwhich, Kelley, Kennedy, Littlejohn, McMahand, Phillips, Stille, Stuart, Walker, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jennings, Keegan, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McTeer, Meacham, Moody- Lawrence, Neal, Neilson, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Thomas, Tripp, Trotter, Tucker, Vaughn, Waldrop, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, A. Young and J. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DR. CAROL A. STEWART FOR HER TRULY OUTSTANDING WORK AS DIRECTOR OF RESEARCH FOR THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE UPON HER ASSUMING ANOTHER POSITION IN STATE GOVERNMENT.
H. 3799 -- Reps. Gamble, Cobb-Hunter, Stuart, Govan, Felder and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. H. FILMORE MABRY OF ORANGEBURG, RETIRED CHIEF EXECUTIVE OFFICER OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES, UPON HIS DEATH.
H. 3800 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROGER FLOWERS OF SUMMERTON FOR HIS OUTSTANDING SERVICE ON THE AGRICULTURE COMMISSION OF SOUTH CAROLINA.
H. 3801 -- Reps. A. Young, R. Smith, Bailey, Gamble, Vaughn, Lloyd and Meacham: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS, SO AS TO PROVIDE THAT THE DEFINITION OF "INSURER" DOES NOT INCLUDE AN INDIVIDUAL OR GROUP WORKERS' COMPENSATION SELF-INSURER WHICH IS QUALIFIED BY AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20; AND TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO PROVIDE THAT, FOR THE PURPOSES OF THE DEFINITION OF "COVERED CLAIM", "REINSURER, INSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION" DOES NOT INCLUDE QUALIFIED, INDIVIDUAL, OR GROUP WORKERS' COMPENSATION SELF-INSURERS WHO ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20.
H. 3802 -- Reps. A. Young, R. Smith, Bailey, Keegan, Meacham, Mason, Inabinett, J. Brown, Hutson, Vaughn, Hines, Clyburn, Gamble, Byrd, Jennings, Witherspoon and Moody-Lawrence: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THIS FUND ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, AND THAT THIS FUND SIMILARLY ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF- INSURANCE FUNDS IF BOTH THE POSTED SECURITY OF THE GROUP AND THE JOINT AND SEVERAL LIABILITY OF THE MEMBERS OF THE GROUP AT THE TIME OF THE LOSS PROVE INADEQUATE TO PAY EXISTING CLAIMS.
H. 3803 -- Reps. A. Young, Meacham, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.
H. 3804 -- Reps. Tucker and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DONALD GUY LEE OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3805 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.
H. 3806 -- Reps. Hutson, Meacham, Seithel, Simrill, J. Harris, Knotts, Whatley, Martin, Littlejohn, Wofford, Stille, Limehouse, Stuart, Harrison, Allison, Harwell, Fulmer, Phillips, Davenport, Dantzler, Riser, Vaughn, Fleming, Quinn, Tripp and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5- 2780 SO AS TO PROVIDE FOR AND INCREASE PENALTIES FOR FAILING TO STOP WHEN MEETING OR OVERTAKING A STOPPED SCHOOL BUS; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO MISDEMEANOR VIOLATIONS FOR FAILING TO STOP FOR A STOPPED SCHOOL BUS, FOR ILLEGALLY ENTERING INTERSECTIONS AND CROSSWALKS, AND FOR PASSING A VEHICLE AT A RAILROAD CROSSING, SO AS TO DELETE THE REFERENCE TO FAILING TO STOP FOR A STOPPED SCHOOL BUS.
H. 3807 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-55 SO AS TO PERMIT THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT OF THIS STATE TO EMPLOY AS THE SUPERINTENDENT OF THE DISTRICT A PERSON WHO IN ITS OPINION IS A PERSON OF OUTSTANDING EXPERIENCE WITH A DISTINGUISHED WORK AND ACADEMIC RECORD, AND TO PROVIDE THAT THIS PERSON IS NOT REQUIRED TO BE CERTIFIED AS A SCHOOL SUPERINTENDENT OR HAVE THE REQUISITE QUALIFICATIONS REQUIRED BY LAW FOR SCHOOL SUPERINTENDENTS IN SOUTH CAROLINA.
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820 RELATING TO CIGARETTE LICENSE TAX STAMPS; AND TO MAKE THIS CHANGE IN THE PAYMENT METHOD EFFECTIVE JANUARY 1, 1996.
H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS.
H. 3810 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-100 SO AS TO PROHIBIT A GOVERNMENTAL ENTITY FROM SELLING AN AGRICULTURAL OR HORTICULTURAL PRODUCT, DEFINE TERMS, AND PROVIDE EXCEPTIONS.
H. 3811 -- Reps. Lloyd, Byrd, R. Smith, Sharpe, Cobb-Hunter, Simrill, Littlejohn, Felder, White, Inabinett, L. Whipper, Shissias, Moody- Lawrence, Breeland, Clyburn, Fleming, T. Brown, J. Harris, Keyserling, Robinson, Hutson, Seithel, Beatty, Anderson, Cave, Lanford, Canty and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-5-304 SO AS TO PROHIBIT THE NAME, ADDRESS, OR TELEPHONE NUMBER OF ANY STUDENT ENROLLED AT A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY OF THIS STATE TO BE DISCLOSED WITHOUT PERMISSION TO ANOTHER PERSON OR ENTITY IF THAT PERSON OR ENTITY WILL USE THIS INFORMATION TO OFFER THE STUDENT A CREDIT CARD, DEBIT CARD, OR OTHER TYPE OF CREDIT ARRANGEMENT.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
H. 3813 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO AMEND SECTIONS 61-3- 710, 61-5-70, AND 61-9-310, ALL AS AMENDED, RELATING TO PERMITTING AND LICENSING PERIODS FOR BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO PROVIDE FOR PRORATED FEES FOR BEER AND WINE PERMITS, AND TO DELETE OBSOLETE PROVISIONS; AND TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES.
H. 3814 -- Reps. Scott, Inabinett, Neal, Harwell, Breeland, White, Moody- Lawrence, Govan, Williams, Clyburn, Lloyd, Byrd and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-10-108 SO AS TO PROVIDE THAT, WITH RESPECT TO MORTGAGE LOANS, A BORROWER MAY SELECT THE MORTGAGE COMPANY OF HIS CHOICE WITHOUT RESTRICTION, AND IMPOSE A CIVIL PENALTY ON A SELLER OF REAL PROPERTY WHO PRESSURES OR ATTEMPTS TO PRESSURE THE PURCHASER-BORROWER TO SEEK THE MORTGAGE LOAN FOR THE PROPERTY FROM THE MORTGAGE COMPANY PREFERRED BY THE SELLER.
H. 3815 -- Rep. Neilson: A HOUSE RESOLUTION REQUESTING THE HONORABLE SANDRA K. MCKINNEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO COLLECT AND PUBLISH THE PRAYERS OF THE HOUSE CHAPLAIN, THE REVEREND DR. ALTON C. CLARK OF LITTLE MOUNTAIN, AND PROVIDE FOR DISTRIBUTION OF THE CHAPLAIN'S COLLECTED PRAYERS AS DIRECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.
H. 3817 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND AND FEDERAL AID HIGHWAY FUND, SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO RECOVER ENGINEERING OR ADMINISTRATIVE COST FROM A HIGHWAY CONSTRUCTION PROJECT ONCE THE PROJECT HAS BEEN COMPLETED AND THE CONTRACTOR HAS RECEIVED FULL PAYMENT, AND TO REQUIRE THE DEPARTMENT TO PAY THE CONTRACTOR AN ADMINISTRATIVE FEE UNDER CERTAIN CIRCUMSTANCES.
H. 3818 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 66 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR THE MARINE CORPS LEAGUE.
H. 3819 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 68 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR VIETNAM VETERANS.
H. 3820 -- Reps. Thomas, Witherspoon and Riser: A BILL TO AMEND SECTION 50-17-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CERTAIN FISHING NETS, SO AS TO REQUIRE THE USE OF TURTLE EXCLUDER DEVICES IN CHANNEL NETS USED FOR TAKING SHRIMP.
H. 3821 -- Reps. Keyserling, Sharpe, Richardson, Lloyd and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.
H. 3822 -- Rep. Stuart: A HOUSE RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.
H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
H. 3825 -- Reps. Rice, Herdklotz, Bailey, Cromer, Sheheen, Cato and Mason: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-23-65 SO AS TO PROHIBIT A LICENSED DRIVER TRAINING SCHOOL OR ANY OTHER ENTITY CONDUCTING DRIVER TRAINING WHICH IS NOT REQUIRED TO BE LICENSED FROM CONDUCTING ON-THE-ROAD TRAINING OF ITS ENROLLEES WITHIN A ONE MILE RADIUS OF A BUILDING FROM WHICH DRIVER'S LICENSE ROAD TESTS ARE CONDUCTED OR WITHIN A ONE MILE RADIUS OF ANY PART OF THE ROAD TEST COURSE USED BY STATE DRIVER'S LICENSE EXAMINERS.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL; TO AMEND SECTION 2-7-105, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS BEING AUTHORIZED BY THE GENERAL ASSEMBLY IN ODD-NUMBERED YEARS AND STATE HIGHWAY BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO DELETE THE PROVISION REGARDING THE GENERAL ASSEMBLY AUTHORIZING STATE HIGHWAY BONDS IN EVEN-NUMBERED YEARS; TO AMEND SECTION 57-11-220, AS AMENDED, RELATING TO THE ISSUANCE OF STATE HIGHWAY BONDS, SO AS TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF STATE HIGHWAY BONDS BY THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 57-11-235, SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ISSUE STATE HIGHWAY BONDS; TO AMEND SECTION 57-11-240, AS AMENDED, RELATING TO THE MAXIMUM ANNUAL DEBT SERVICE ON GENERAL OBLIGATION BONDS, SO AS TO DELETE A REFERENCE TO SECTION 2-7-105.
H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77- 950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.
H. 3828 -- Reps. Cave and Rhoad: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY, HEAD COACH DWAYNE HARTSOE, AND THE COACHING STAFF ON THURSDAY, MARCH 30, 1995, AT 10:15 A.M., FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.
H. 3829 -- Reps. Rhoad, Cave and Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BARNWELL HIGH SCHOOL SCARLET KNIGHTS BAND OF BARNWELL COUNTY UPON RECEIVING AN INVITATION FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR, THE NATIONAL PARK SERVICE, AND THE INDEPENDENCE DAY PARADE ASSOCIATES TO REPRESENT THE STATE OF SOUTH CAROLINA BY MARCHING IN THE 1995 INDEPENDENCE DAY PARADE IN WASHINGTON, D.C., ON JULY 4, 1995.
H. 3830 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY, HEAD COACH GEORGE GLYMPH, AND THE COACHING STAFF ON WEDNESDAY, APRIL 5, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS AAA BOYS BASKETBALL CHAMPIONSHIP.
H. 3831 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY ON WINNING THE 1995 STATE CLASS AAA BASKETBALL CHAMPIONSHIP.
H. 3832 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING ATTALA THERESE YOUNG OF PIEDMONT ON HER OUTSTANDING ACCOMPLISHMENTS AS A STUDENT-ATHLETE AT ERSKINE COLLEGE.
H. 3833 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-45 SO AS TO PROVIDE FOR THE REGULATION OF SEASONS AND FISHING ACTIVITIES IN SALTWATERS.
H. 3834 -- Rep. Huff: A BILL TO AMEND SECTION 16-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF PERMITTING MISUSE OF A MOTOR VEHICLE REGISTRATION, LICENSE PLATE, OR CERTIFICATE OF TITLE AND FAILURE TO MAKE TIMELY DELIVERY OF A CERTIFICATE OF TITLE, SO AS TO INCREASE FROM TEN DAYS TO FORTY-FIVE DAYS THE TIME TO DELIVER A TITLE BEFORE THE OFFENSE APPLIES.
H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
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.
Last Updated: Monday, June 29, 2009 at 1:54 P.M.