of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996
H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2345 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
H. 3671 -- Rep. Askins: A BILL TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES AND TO PROVIDE FOR THE EXPENDITURE OF THESE APPROPRIATIONS, TO APPROPRIATE FUNDS FOR ARENA PROJECTS CONTINGENT UPON RECEIPT OF AN EQUIVALENT AMOUNT FROM THE SOUTHEAST COMPACT FOR LOW-LEVEL NUCLEAR WASTE AND THE APPROVAL OF A FINANCING PLAN BY THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE REDUCTION OF THE BALANCE OF THE INTERGOVERNMENTAL LOAN MADE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY BY AN AMOUNT EQUAL TO THE VALUE OF THE IMPROVEMENTS MADE WITH LOAN PROCEEDS AND PROVIDE FOR VALUATION OF THE ASSETS, TO PROVIDE FOR THE USE OF UNALLOCATED FISCAL YEAR 1994-95 EDUCATION FINANCE ACT FUNDS, TO PROVIDE FOR FTE AND APPROPRIATIONS TRANSFERS BETWEEN THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF PUBLIC SAFETY, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-80 SO AS TO PROVIDE PROCEDURES FOR THE NOTICE REQUIREMENTS FOR ADOPTING LOCAL GOVERNMENT AND SCHOOL DISTRICT BUDGETS, AND TO AMEND SECTIONS 44-2-20, 44-2-50, AND 44-2-80, ALL AS AMENDED, RELATING TO DEFINITIONS, REGULATIONS, AND THE CONTAINMENT, REMOVAL, AND ABATEMENT OF RELEASED REGULATED SUBSTANCES FOR PURPOSES OF THE SUPERB PROGRAM, SO AS TO PROVIDE ADDITIONAL DEFINITIONS, TO EXEMPT FROM CERTAIN CORRECTIVE ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK, TO CHANGE REFERENCES FROM REMOVAL TO ABATEMENT AND SITE REHABILITATION, AND TO EXEMPT FROM CERTAIN SITE REHABILITATION ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK AND CERTAIN PERSONS WHO ACQUIRE PROPERTY FROM AN UNDERGROUND TANK THAT HAS BEEN REMOVED.
H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING OVER TWO FISCAL YEARS BEGINNING JULY 1, 1997, AND TO DEFINE "RECYCLING".
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, J. Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS; BY ADDING ARTICLE 6 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE A FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE; TO AMEND SECTION 16-23-20, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A HUNTER OR FISHERMAN MAY CARRY A PISTOL AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 16-23-460, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF CERTAIN CONCEALED WEAPONS, SO AS TO REVISE THE TYPE OF CONCEALED WEAPONS THAT MAY BE CARRIED WITH AND WITHOUT A PERMIT AND TO REVISE THE PENALTY; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO THE PENALTY FOR UNLAWFULLY CARRYING A FIREARM ONTO A PREMISES OF A BUSINESS SELLING CERTAIN ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS OFFENSE WHO POSSESSED A CONCEALABLE WEAPON PERMIT MUST HAVE HIS PERMIT REVOKED; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO CARRYING OR DISPLAYING A FIREARM IN OR AROUND AN EDUCATIONAL INSTITUTION OR A PUBLIC BUILDING, SO AS TO REVISE THE LOCATIONS IN WHICH A FIREARM MAY NOT BE CARRIED ONTO; BY ADDING SECTION 23-31-217 SO AS TO PROVIDE THAT NOTHING CONTAINED IN ARTICLE 4, CHAPTER 31, TITLE 23 AFFECTS THE PROVISIONS CONTAINED IN SECTION 16-23-20; TO PROVIDE THAT NOTHING CONTAINED IN ARTICLE 4, CHAPTER 31, TITLE 23 SHALL BE CONSTRUED TO LIMIT, DIMINISH, OR INFRINGE ON CERTAIN RIGHTS; TO AMEND SECTION 10-11-340, RELATING TO PERFORMANCE OF DUTIES BY MEMBERS OF THE GENERAL ASSEMBLY AND PERSONS REQUIRED TO PERFORM DUTIES WITHIN THE CAPITOL BUILDING, SO AS TO REVISE THE PERSONS THIS PROVISION APPLIES TO; TO AMEND SECTION 40-17-120, AS AMENDED, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT PRECLUDE A PRIVATE DETECTIVE FROM OBTAINING A CONCEALABLE WEAPON PERMIT AND THAT A PERSON ISSUED A PERMIT TO CARRY A WEAPON PURSUANT TO THIS PROVISION MAY ALSO OBTAIN A CONCEALABLE WEAPON PERMIT; TO PROVIDE THAT NOTHING CONTAINED IN THIS ACT AFFECTS THE VALIDITY OF CERTAIN PERMITS ISSUED PURSUANT TO ARTICLE 3, CHAPTER 31, TITLE 23; TO PROVIDE THAT A PERSON HOLDING A CONCEALABLE WEAPON PERMIT PURSUANT TO ARTICLE 4, CHAPTER 31, TITLE 23, MAY NOT CARRY A CONCEALABLE WEAPON INTO THE RESIDENCE OF ANOTHER PERSON WITHOUT THE PERMISSION OF CERTAIN PERSONS AND TO PROVIDE PENALTIES; TO PROVIDE THE MANNER IN WHICH THE POSTING OF SIGNS PROHIBITING THE CARRYING OF A CONCEALABLE WEAPON UPON A PREMISES MAY BE SATISFIED; TO PROVIDE THAT A PERSON MAY CARRY A CONCEALABLE WEAPON FROM A MOTOR VEHICLE TO CERTAIN RENTED ROOMS; AND TO REPEAL SECTION 23-31-120 RELATING TO PERSONS TO WHOM WEAPON PERMITS MAY BE ISSUED.
H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO PROVIDE A PRE-OCCUPANCY HOUSING INSPECTION PROGRAM AND TO PROVIDE CONDITIONS AND IMMUNITY; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE PRE-OCCUPANCY HOUSING INSPECTION PROGRAM.
H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-15-200, AS AMENDED, RELATING TO DISCIPLINARY ACTION BY THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.
H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE ONE-TIME TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE FOR THE PURPOSE OF DISPENSING ONE REFILL ONLY UNDER CERTAIN CONDITIONS.
H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, J. Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND CHAPTER 30, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE/BODYWORK PRACTICE ACT SO AS TO ESTABLISH LICENSURE AND REGULATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE LICENSE RENEWAL REQUIREMENTS FOR MASSAGE/BODYWORK THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
H. 3803 -- Reps. A. Young, Keegan, 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. 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. 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. 3838 -- 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", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO REVISE THE DEFINITIONS; TO AMEND SECTIONS 42-1-310 AND 42-1-320, RELATING TO THE APPLICATION AND EFFECT OF WORKERS' COMPENSATION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYER OR EMPLOYEE MAY NOT ELECT TO NOT BE BOUND BY CERTAIN WORKERS' COMPENSATION PROVISIONS AND THAT THE STATE, ITS POLITICAL SUBDIVISIONS, ITS EMPLOYEES AND THE EMPLOYEES OF ITS SUBDIVISIONS ARE SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS; TO AMEND SECTION 42-1-460, RELATING TO CONTRACTS SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS, SO AS TO REVISE THE CONDITIONS UPON WHICH A CONTRACT IS SUBJECT TO THESE PROVISIONS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO THE NOTICE AN EMPLOYER MUST PROVIDE THE WORKERS' COMPENSATION COMMISSION WHEN CERTAIN PAYMENTS HAVE BEGUN AND THE SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH TEMPORARY DISABILITY PAYMENTS MAY BE GRANTED; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF COMPENSATION, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT UNDER CERTAIN CIRCUMSTANCES, PROVIDE PENALTIES FOR PERSONS RECEIVING CERTAIN ILLEGAL PAYMENTS AND THE PROCEDURE IN WHICH A HEALTH CARE PROVIDER MUST BE PAID; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO REVISE THE RECORDKEEPING PROCEDURE; BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT AN INSURER ISSUING WORKERS' COMPENSATION INSURANCE SHALL OFFER DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR CERTAIN BENEFITS PAYABLE; TO REPEAL SECTIONS 42-1-330, 42-1-340, 42-1-510, AND 42-1-530, RELATING TO THE WAIVER OF CERTAIN EXEMPTIONS, THE EFFECTIVE DATE OF AND MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER UNDER THE WORKERS' COMPENSATION PROVISIONS, AND DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR AN EMPLOYEE IS COVERED BY THE WORKERS' COMPENSATION PROVISIONS; AND TO AMEND SECTION 42-1-520, RELATING TO DEFENSES AVAILABLE TO AN EMPLOYER OPERATING UNDER THE WORKERS' COMPENSATION PROVISIONS WHEN AN EMPLOYEE IS NOT OPERATING UNDER THESE PROVISIONS, SO AS TO SUBSTITUTE "OFFICER OF A CORPORATION" FOR "EMPLOYEE".
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.
H. 3843 -- Reps. Cromer, J. Brown and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IN SEPTEMBER OF 1996 AND EVERY THIRD YEAR THEREAFTER IN THE SAME MONTH, RATHER THAN IN NOVEMBER OF EVERY YEAR, THE DEPARTMENT OF PUBLIC SAFETY SHALL FURNISH THE STATE ELECTION COMMISSION A COMPUTER TAPE CONTAINING CERTAIN INFORMATION OF PERSONS OVER EIGHTEEN AND CITIZENS OF THE UNITED STATE RESIDING IN EACH COUNTY WHO HOLD A VALID SOUTH CAROLINA DRIVER'S LICENSE OR AN IDENTIFICATION CARD.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO PROVIDE THAT ASSIGNMENT OF MORTGAGE FORMS SHALL INCLUDE THE NAME OF THE MORTGAGOR AND THE NAME AND ADDRESS OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE AND MAY INCLUDE A TOLL-FREE NUMBER FOR THE ASSIGNEE IF SUCH A NUMBER IS AVAILABLE.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
H. 3864 -- Rep. Quinn: A BILL TO AMEND SECTION 15-41-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS, SO AS TO REVISE A REFERENCE TO CITED PROVISIONS OF THE FEDERAL BANKRUPTCY REFORM ACT.
H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.
H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, J. Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.
H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD; AND TO DELETE THE REQUIREMENT THAT AN INVOICE, BILL OF SALE, AND AN INVOICE NUMBER BE PROVIDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT CERTAIN DOCUMENTATION AND DOCUMENTATION NOTICE ARE REQUIRED UNDER CERTAIN CIRCUMSTANCES.
H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS; AND TO REQUIRE THE DEPARTMENT TO ESTABLISH A TRAINING PROGRAM FOR CERTAIN DEPUTY ENFORCEMENT OFFICERS.
H. 3883 -- Reps. Rice, Whatley and Knotts: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE A PLACARD CONTAINING CERTAIN INFORMATION BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED.
H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230, 50-17-235, 50-19-2810, 50-19-2820, 50-19-2830, 50-19-2840, AND 50-19-2850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONES 6 AND 11.
H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.
Last Updated: Monday, June 29, 2009 at 1:45 P.M.