Printed Page 1860, Mar. 28
| Printed Page 1880, Mar. 28
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Printed Page 1860, Mar. 28
| Printed Page 1880, Mar. 28
| (B) Nothing herein abrogates or modifies in any way common law or statutory privilege or immunity heretofore enjoyed by any person, insurer, or authorized agency.
(C) Nothing herein limits the liability of any person or insurer who, with malice or in bad faith, makes a report of suspected fraud under the provisions of this article.
(D) In addition to the immunity granted in this section, persons identified as designated employees whose responsibilities include the investigation and disposition of claims relating to suspected fraudulent insurance acts may share information relating to persons suspected of committing fraudulent insurance acts with other designated employees employed by the same or other insurers whose responsibilities include the investigation and disposition of claims relating to fraudulent insurance acts, provided the department has been given written notice of the names and job titles of these designated employees prior to any designated employee sharing information. Unless the designated employees of the insurer act in bad faith or in reckless disregard for the rights of any insured, neither the insurer nor its designated employees are civilly liable for libel, slander, or any other relevant tort, and a civil action does not arise against the insurer or its designated employees:
(1) for any information related to suspected fraudulent insurance acts provided to and insurer; or
(2) for information related to suspected fraudulent insurance acts provided to the National Insurance Crime Bureau or the National Association of Insurance Commissioners.
Provided, however, that the qualified immunity against civil liability conferred on any insurer or its designated employees shall be forfeited with respect to the exchange or publication of any defamatory information with third persons not expressly authorized by subsection (D) to share in such information."/
Renumber sections to conform.
Amend title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LAW asked unanimous consent that S. 991 be read a third time tomorrow.
Rep. SHEHEEN objected.
The following Bill was taken up.
H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT,
Rep. YOUNG-BRICKELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.
Rep. EASTERDAY explained the Joint Resolution.
S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.
Rep. WITHERSPOON explained the Bill.
Rep. HARRISON explained the Bill.
H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".
Rep. D. SMITH explained the Bill.
H. 4822 -- Reps. Robinson and H. Brown: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE AND TAXATION TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION JOINT ENDEAVOR, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.
Rep. ROBINSON explained the Joint Resolution.
H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.
Rep. GAMBLE explained the Bill.
On motion of Rep. EASTERDAY, with unanimous consent, it was ordered that H. 4726 be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 688 be read the third time tomorrow.
On motion of Rep. D. SMITH, with unanimous consent, it was ordered that H. 4526 be read the third time tomorrow.
On motion of Rep. ROBINSON, with unanimous consent, it was ordered that H. 4822 be read the third time tomorrow.
On motion of Rep. D. SMITH, with unanimous consent, it was ordered that H. 4716 be read the third time tomorrow.
The following Bill was taken up.
H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON TAKING OR POSSESSING STRIPED BASS LESS THAN TWENTY-ONE INCHES IN CERTAIN PLACES, SO AS TO DELETE CERTAIN LANGUAGE AND ADD PROVISIONS IMPOSING A CREEL LIMIT AND MAKING IT UNLAWFUL TO TAKE OR POSSESS SUCH FISH IN THE WACCAMAW, PEE DEE, BLACK, SAMPIT, COOPER, ASHLEY, EDISTO, ASHEPOO, COMBAHEE, COOSAWHATCHIE, NEW, AND SAVANNAH RIVERS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2377DW.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-13-235 of the 1976 Code, as amended by Act 117 of 1995, is further amended to read:
"Section 50-13-235. It is unlawful to take or possess striped bass, rockfish, less than twenty-one inches in the following rivers, reservoirs, and their tributaries: Lakes Marion and Moultrie, the Congaree River, the Wateree River northward to the Lake Wateree Dam, the Lower Saluda
SECTION 2. This act takes effect upon approval by the Governor./
Amend the title to read:
/TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES./
Rep. WITHERSPOON explained 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. WITHERSPOON, with unanimous consent, it was ordered that H. 4727 be read the third time tomorrow.
The following Bill was taken up.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4537 -- Reps. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.
Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.
Rep. HARRISON explained the Bill.
Rep. NEAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Rep. ANDERSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4829 -- Reps. Koon, Riser, Gamble, Wright, Stuart, Knotts and Spearman: A JOINT RESOLUTION TO PROHIBIT UNTIL JULY 1, 1997, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING A PERMIT OR APPROVING AN APPLICATION TO OPERATE A LANDFILL AT 104 OMAR COURT IN LEXINGTON COUNTY AND TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF THIS JOINT RESOLUTION TO EACH BOARD MEMBER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Rep. KOON proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22574SD.96), which was adopted.
Amend the Joint Resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Until July 1, 1997, the Department of Health and Environmental Control may not issue a permit for mining, sand, clay, or fill-dirt or approve an application to operate any landfill located at 104 Omar Court in Lexington County or any other site in the immediate area of 104 Omar Court./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. KOON, with unanimous consent, it was ordered that H. 4829 be read the third time tomorrow.
Rep. CHAMBLEE withdrew his objection to H. 4480 however, other objections remained upon the Bill.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4699 be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Wednesday, April 3, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.
Printed Page 1860, Mar. 28
| Printed Page 1880, Mar. 28
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