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. 4580 -- Reps. Fleming, Knotts, Bailey, Cotty, Cromer, Sandifer, Easterday, Littlejohn, Koon, Stoddard, Herdklotz, Meacham, Robinson, Haskins, Quinn, Law, Fulmer, Wright, Cato, Davenport, McKay and Limbaugh: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM SCHOOL OPERATING MILLAGE AN AMOUNT EQUAL TO FIVE THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS WHEN REGISTERED TO AN INDIVIDUAL FOR PERSONAL USE.
H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.
H. 4582 -- Reps. Wilkins, Wofford, Waldrop, Trotter and Wilder: A BILL TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES; AND BY AMENDING SECTION 56-5-6540, RELATING TO ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO INCREASE THE FINE FROM TEN TO TWENTY-FIVE DOLLARS, AND TO AUTHORIZE ENFORCEMENT OF SAFETY BELT VIOLATIONS IN THE ABSENCE OF OTHER VIOLATIONS.
H. 4583 -- Reps. Cooper, D. Smith, Tripp, Townsend, Baxley, Wofford, Rice, Quinn, Robinson, Hallman, Thomas, Klauber, Kelley, Vaughn, Allison, Chamblee, Trotter, Young-Brickell, Haskins, Cato, Easterday, Marchbanks and J. Young: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH EACH LOCAL SCHOOL DISTRICT SHALL ADOPT, ACQUIRE, AND PROVIDE SCHOOL TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS FOR THE SCHOOLS OF THE DISTRICT BEGINNING WITH THE SCHOOL YEAR 1997-98; TO AMEND SECTION 59-5-60, RELATING TO THE GENERAL POWERS OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE ITS POWERS WITH REGARD TO THE PRESCRIPTION OF SCHOOL TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS; AND TO REPEAL CHAPTER 31 OF TITLE 59 RELATING TO THE STATE SCHOOL TEXTBOOK SYSTEM.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF ANY SUCH DRUG USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
H. 4586 -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.
H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.
H. 4588 -- Reps. Keyserling, Whatley, G. Brown, Wilder, S. Whipper, Lloyd, J. Hines, McCraw, Canty, L. Whipper, J. Brown, Byrd, M. Hines and Phillips: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF CRIMINAL RECORDS AFTER DISCHARGE, DISMISSAL, OR FINDING OF INNOCENCE OF A PERSON, SO AS TO REQUIRE THE PRESIDING JUDGE TO ISSUE AN ORDER TO THE MUNICIPAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY THAT INITIATED THE ACTION AGAINST THE PERSON TO DESTROY THE PERSON'S CRIMINAL RECORD AND TO SEND A COPY OF THE ORDER TO THE PERSON AGAINST WHOM THE CHARGES WERE BROUGHT, AND TO REQUIRE THE LAW ENFORCEMENT AGENCY TO INFORM THE PERSON THAT HIS CRIMINAL RECORD HAS BEEN DESTROYED.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY; AND TO AMEND SECTION 56-5-1220, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO AN ATTENDED VEHICLE, SO AS TO REVISE THE PENALTY.
H. 4590 -- Rep. Stuart: A HOUSE RESOLUTION CONGRATULATING THE PELION HIGH SCHOOL BOYS CROSS COUNTRY TEAM ON WINNING THE 1995 CLASS A/AA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 15, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
H. 4591 -- Rep. Witherspoon: A BILL 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.
H. 4592 -- 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 THIS MORATORIUM.
H. 4593 -- Reps. Meacham, Cato, Young-Brickell, Witherspoon, Hutson, Law, Cooper, Fulmer, Spearman, Wells, Seithel, Cain, Hallman, Simrill, Bailey, Limbaugh, H. Brown, Stuart, Robinson, Wofford, Trotter, Whatley, Marchbanks, Jaskwhich, Tripp, Davenport, Stille, Townsend, Littlejohn, Sharpe, Kelley, Chamblee, Wilder, Gamble, Waldrop, Riser, Phillips, Lanford, Rice and Allison: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 78 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO FURTHER DEFINE "AUTOMOBILE INSURANCE" AND ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES AND ADD A PROVISION THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO ADD PROVISIONS REGARDING "COLLATERAL SOURCES"; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO PROVIDE THAT "DAMAGES" INCLUDE ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350 AND THAT INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE NONSTACKABLE POLICIES OF UNINSURED MOTORIST COVERAGE CONTAINING CERTAIN POLICY PROVISIONS; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND TO UNDERINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AT THE OPTION OF THE INSURED, IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE AND THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION; TO AMEND SECTION 56-9-350, RELATING TO THE VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, THE EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF PUBLIC SAFETY ON A FORM PRESCRIBED BY THAT DEPARTMENT, THAT THE REPORT MUST CONTAIN CERTAIN INFORMATION, AND THAT FAILURE TO FILE THE REPORT, IN THE PROPER VERIFIED MANNER, IS PRIMA FACIE EVIDENCE THAT THE VEHICLE WAS NOT PROPERLY REGISTERED; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURERS, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE FURTHER REASONS WHICH CANNOT BE USED BY AN INSURER, AGENT, OR BROKER REFUSING TO WRITE OR RENEW SUCH COVERAGE, WITH PENALTIES, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER AT THE TIME OF THE DENIAL; TO AMEND TITLE 38, CHAPTER 77, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A JOINT UNDERWRITING ASSOCIATION AND PROVIDE, AMONG OTHER THINGS, FOR THE ABOLISHMENT OF THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE RATES FOR PERSONAL PROTECTION POLICIES AS DEFINED BY SECTION 38-78-30 AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, INCLUDING A "PREFERRED" RATE, A "STANDARD" RATE, A "NONPREFERRED" RATE, AND A "SUBSTANDARD" RATE, AND THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO CHANGE THE PENALTIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE PERFORMANCE OF VARYING AMOUNTS OF PUBIC SERVICE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS POSSIBLE INCREASE IN RATES, EFFECT OF SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THIS LIST MUST BE ON AN APPROVED FORM AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JOINT UNDERWRITING ASSOCIATION MUST BE SET BY THE ASSOCIATION'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO CHANGE THE PENALTIES THEREFOR; TO AMEND SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT AN INSURER MAY CEDE THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY THAT IT IS MANDATED TO WRITE TO THE JOINT UNDERWRITING ASSOCIATION, RATHER THAN THE REINSURANCE FACILITY, BUT IT MAY NOT CEDE COVERAGES UNDER A POLICY THAT IT IS NOT MANDATED BY LAW TO WRITE EXCEPT FOR TORT LIABILITY AND PERSONAL PROTECTION COVERAGES AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; TO REPEAL SECTIONS 38-73-1420, RELATING TO THE FILING OF AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES BY THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY, 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN IN THE SAME POLICY AND THE PROVISION THAT THIS SECTION APPLIES ONLY TO INSURANCE POLICIES COVERING VEHICLES ELIGIBLE TO BE CEDED TO THE REINSURANCE FACILITY, 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, THE PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, 38-77-940, RELATING TO AUTOMOBILE INSURANCE, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT, EXCEPT THAT IF SECTION 38-78-110 OR SECTION 38-78-120 IS FOUND UNCONSTITUTIONAL OR INVALID IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD NOT HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT SUCH LIMITATIONS AND THE ENTIRE ACT IS INVALID; AND TO PROVIDE THAT IF SECTION 38-78-110 IS FOUND TO BE UNCONSTITUTIONAL OR INVALID, PERSONAL PROTECTION INSURERS HAVE NO OBLIGATION TO PAY PERSONAL PROTECTION BENEFITS WITH RESPECT TO ACCIDENTS OCCURRING ON OR AFTER THE DATE OF THE FINDING OF SUCH UNCONSTITUTIONALITY OR INVALIDITY AND ARE SUBROGATED TO ALL OF THE RIGHTS OF PERSONAL PROTECTION INSUREDS FOR ALL PREVIOUS SUCH BENEFITS PAID.
H. 4594 -- Reps. Witherspoon, Sharpe, Herdklotz, McCraw, McTeer, Riser, McElveen, Fleming, Cromer, Limehouse and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.
H. 4596 -- Reps. R. Smith, Clyburn and Mason: A HOUSE RESOLUTION TO CONGRATULATE LEAVELLE MCCAMPBELL MIDDLE SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR RECEIVING THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD FOR A MIDDLE SCHOOL, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.
H. 4597 -- Reps. Harrell, Townsend, Wilkins, Allison, Quinn, Harrison, Richardson, Knotts, Koon, Worley, J. Brown, Law, Lanford, Cain, Riser, Cooper, Rhoad, Kirsh, Walker, Waldrop, Keegan, Kelley, Shissias, Limbaugh, Boan, Stuart, H. Brown, Wells, Klauber, J. Young, Hallman, Limehouse, Fulmer, Cotty, Whatley, Wright, Simrill, Davenport, Hutson, Littlejohn, D. Smith, Sharpe, Seithel, Vaughn, Wofford, Dantzler, Rice, Cato, R. Smith, Haskins, Mason, Jaskwhich, Marchbanks, Thomas, Young-Brickell, Herdklotz, Trotter, Robinson, Sandifer, Stille, Witherspoon and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL ACCOUNTABILITY ACT OF 1996" INCLUDING PROVISIONS TO DIRECT THE STATE BOARD OF EDUCATION TO REPEAL ALL REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THE SCHOOL ACCOUNTABILITY ACT OF 1996 AS WELL AS THOSE WHICH ADDRESS ISSUES WHICH SHOULD BE DECIDED BY EACH SCHOOL DISTRICT AS A MATTER OF LOCAL SCHOOL BOARD POLICY; TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO ESTABLISH BENCHMARKS OF SUCCESS WHICH MUST BE ACHIEVED BY EVERY PUBLIC SCHOOL IN THIS STATE BY SPECIFIED YEARS, TO ESTABLISH A JOINT COMMITTEE TO REVIEW THE ELEMENTS OF THE EDUCATION FINANCE ACT FOUNDATION PROGRAM AND RECOMMEND REVISIONS, TO PROVIDE THAT CERTAIN EDUCATION IMPROVEMENT ACT FUNDS SHALL BE ALLOCATED AND DISTRIBUTED TO LOCAL SCHOOLS AND DISTRICTS AS LOCAL SCHOOL INNOVATION FUNDS, TO REQUIRE EACH SCHOOL DISTRICT TO RETAIN AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT AN ANNUAL AUDIT OF FUNDS EXPENDED BY THE DISTRICT, TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO EVALUATE EACH PUBLIC SCHOOL USING THE ABOVE BENCHMARKS OF SUCCESS AND CLASSIFY EACH SCHOOL AS SUCCESSFUL, IMPROVING, ADVISED, WARNED, OR SUBSTANDARD, AND TO PROVIDE FOR PROCEDURAL REWARDS, REMEDIES, AND REQUIRED CORRECTIVE ACTION, IF APPLICABLE, BASED ON EACH CLASSIFICATION; BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1996 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE THAT CURRENT MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE; BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1996, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR; BY ADDING SECTION 59-19-91 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF LOCAL SCHOOL BOARDS OF TRUSTEES; BY ADDING SECTION 59-19-92 SO AS TO PROVIDE THAT AFTER THE 1996 GENERAL ELECTION, IT SHALL BE UNLAWFUL FOR A SCHOOL TRUSTEE TO RECEIVE PAY AS AN EMPLOYEE OF A PUBLIC SCHOOL THAT IS LOCATED IN THE SAME DISTRICT OF WHICH THAT PERSON IS A TRUSTEE; AND BY ADDING SECTION 59-24-65 SO AS TO FURTHER PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF SCHOOL SUPERINTENDENTS AND HOW THESE POWERS, DUTIES, AND RESPONSIBILITIES INTERACT WITH THOSE OF THE LOCAL SCHOOL BOARD OF TRUSTEES.
H. 4598 -- Reps. Herdklotz, Kirsh, Cotty, Rice, Easterday, Haskins, Rhoad, Kelley, Wells, Tripp and Fleming: A BILL TO AMEND SECTION 58-27-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELECTRICAL UTILITY", SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, OR MUNICIPALITY FURNISHING ELECTRICITY ONLY TO HIMSELF OR ITSELF, THEIR RESIDENTS, EMPLOYEES, OR TENANTS OR TO ANY INDUSTRIAL FACILITY FOR ITS OWN USE, SO LONG AS ELECTRICITY FURNISHED TO THE INDUSTRIAL FACILITY IS GENERATED AT OR ADJACENT TO THE INDUSTRIAL FACILITY, WHEN THE CURRENT IS NOT RESOLD OR USED BY OTHERS.
H. 4599 -- Reps. Herdklotz, Sandifer, Cain, Rice, Easterday, Haskins, Limehouse, Kirsh, Kelley, Tripp, Rhoad and Fleming: A BILL TO AMEND SECTION 58-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "PUBLIC UTILITY", SO AS TO PROVIDE THAT A CORPORATION OR PERSON FURNISHING STEAM FOR PURPOSES OTHER THAN RESIDENTIAL HOME HEATING SHALL NOT BE CONSIDERED A PUBLIC UTILITY BY VIRTUE OF FURNISHING THE STEAM.
Last Updated: Monday, June 29, 2009 at 1:45 P.M.