Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Epilogue of the Book of Ecclesiastes, Chapter 12 (v.13):
"The end of the matter; all has been
heard. Fear God, and keep His commandments;
for that is the whole duty of everyone."
Let us pray.
O God, Most Holy, we are so often in the habit of speaking about values in life on a relative basis.
Help us to be aware that we should not forsake the absolutes of moral values.
In a world where we are in the habit of looking out horizontally toward our fellow human beings, help us to look perpendicularly for a moment, and assess our responsibility to our Maker.
In a world where we hear so much wild talk about freedom and rights, let us not forget such words as duty, and obligation, and responsibility.
Then turn us loose in Your world, seeing our duties as clearly as our rights and privileges.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senator COURSON from the Committee on Invitations stated that, pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:
Senator DRUMMOND's written request that on Wednesday, May 17, 1995, Philip H. Prince, President of Clemson University, be granted the Privilege of the Chamber, to that area behind the rail, and that he be granted the Privilege of the Floor for the purpose of receiving a Resolution.
The report was adopted without objection.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Senator GREG SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator GREG SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following were introduced:
S. 783 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-3-460 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL ESTABLISH PROCEDURES WHEREBY CONDUCT WHICH IS DISCOVERED DURING THE COURSE OF AN ATTORNEY OR JUDICIAL GRIEVANCE OR DISCIPLINARY PROCEEDING AND WHICH MAY CONSTITUTE A VIOLATION OF CRIMINAL LAW SHALL BE REFERRED TO THE APPROPRIATE SOLICITOR FOR POSSIBLE PROSECUTION OF THE VIOLATION.
Read the first time and referred to the Committee on Judiciary.
S. 784 -- Senator Bryan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS FOR THE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND JUDGES OF THE CIRCUIT COURT, SO AS TO ADD A QUALIFICATION THAT PERSONS MUST BE FOUND QUALIFIED FOR SUCH OFFICE BY THE JOINT LEGISLATIVE COMMITTEE CHARGED BY LAW TO SCREEN CANDIDATES FOR JUDICIAL OFFICE.
Read the first time and referred to the Committee on Judiciary.
S. 785 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, MEETINGS, AND OFFICERS OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE FOR THE PURPOSE OF SCREENING JUDICIAL CANDIDATES; AND TO AMEND SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT CANDIDATES FOR THE FAMILY COURT MUST HAVE BEEN FOUND QUALIFIED BY THE JOINT LEGISLATIVE COMMITTEE CHARGED BY LAW TO SCREEN JUDICIAL CANDIDATES.
Read the first time and referred to the Committee on Judiciary.
S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, OR PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 787 -- Senators Rose, Alexander, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS TO THE PEOPLE OF OUR SISTER STATE OF OKLAHOMA THE HEARTFELT SYMPATHY OF THE PEOPLE OF SOUTH CAROLINA OVER THE TRAGIC LOSS OF LIFE AND TO OFFER OUR PRAYERS AND CONDOLENCES.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 788 -- Senators Jackson, O'Dell, Patterson, Waldrep, Russell, McConnell, Drummond, Land, Ryberg and Matthews: A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF PUBLIC ROADS UPON AUTHORIZATION OF THE APPROPRIATE GOVERNMENTAL AUTHORITY, AND TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS.
Read the first time and on motion of Senator JACKSON, with unanimous consent, ordered placed on the Calendar without reference.
H. 4143 -- Reps. Robinson, Trotter, Marchbanks, Rice, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF A TRUE PUBLIC SERVANT AND ONE OF THE FINEST LEGISLATORS IN THIS STATE'S HISTORY, THE HONORABLE B. L. HENDRICKS OF PICKENS COUNTY, WHO PASSED AWAY ON WEDNESDAY, APRIL 19, 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4148 -- Reps. Howard, Anderson, McMahand, Beatty, Moody-Lawrence, Canty, Hines, Cobb-Hunter, Neal, J. Brown, Byrd, Scott, Clyburn, Cave, Govan, Kennedy, Williams, T. Brown, L. Whipper, Breeland, Inabinett, S. Whipper, Lloyd and White: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF W. A. PERRY TASK FORCE APPRECIATION DAY ON APRIL 30, 1995, AND COMMENDING THE MEMBERS OF THE W. A. PERRY TASK FORCE FOR THEIR UNTIRING EFFORTS IN IMPROVING THE QUALITY OF EDUCATION AND OVERALL CONDITIONS AT W. A. PERRY MIDDLE SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4151 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF GENERAL McCANTS, JR., OF MAYESVILLE IN LEE COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4152 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JULIEN WEINBERG, JUDGE OF PROBATE FOR CLARENDON COUNTY, FOR HIS OUTSTANDING PUBLIC SERVICE AND EXTENDING BEST WISHES FOR A HAPPY RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4160 -- Reps. Wilkins, Harrison, Delleney, Huff, Thomas and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and Senate shall meet in joint assembly in the hall of the House of Representatives on Thursday, May 25, 1995, at 12:00 noon to elect a successor to the Honorable E. C. Burnett of the Seventh Judicial Circuit whose unexpired term expires June 30, 2000; to elect a successor to the Honorable Jamie F. Lee of the Family Court of the Fourth Judicial Circuit, Seat 1, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Robert H. Burnside of the Family Court of the Fifth Judicial Circuit, Seat 1, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Kaye G. Hearn of the Family Court of the Fifteenth Judicial Circuit, Seat 2, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Maxey G. Watson of the Family Court of the First Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable G. Larry Inabinet of the Family Court of the Second Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Marion D. Myers of the Family Court of the Third Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable R. Wright Turbeville of the Family Court of the Third Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable J. L. Murdock, Jr., of the Family Court of the Fourth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Abigail R. Rogers of the Family Court of the Fifth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable William R. Byars, Jr., of the Family Court of the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Berry L. Mobley of the Family Court of the Sixth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Clyde K. Laney, Jr., of the Family Court of the Seventh Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Thomas E. Foster of the Family Court of the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Wyatt T. Saunders, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable William K. Charles, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Robert R. Mallard of the Family Court of the Ninth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Wayne M. Creech of the Family Court of the Ninth Judicial Circuit, Seat 4, whose term expires June 30, 1995; to elect a successor to the Honorable J. Frank McClain of the Family Court of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Tommy B. Edwards of the Family Court of the Tenth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable C. David Sawyer, Jr., of the Family Court of the Eleventh Judicial Circuit, Seat 2, whose unexpired term expires June 30, 1995; to elect a successor to the Honorable Richard W. Chewning, III, of the Family Court of the Eleventh Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Mary E. Buchan of the Family Court of the Twelfth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable A. E. Morehead, III, of the Family Court of the Twelfth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable John W. Kittredge of the Family Court of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable R. Kinard Johnson, Jr., of the Family Court of the Thirteenth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable John T. Black of the Family Court of the Fourteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Donald A. Fanning of the Family Court of the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable H. E. Bonnoitt, Jr., of the Family Court of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; and to elect a successor to the Honorable Lee S. Alford of the Family Court of the Sixteenth Judicial Circuit, Seat 2, whose term expires June 30, 1995.
Be it further resolved that immediately following the election of all judges, the General Assembly shall elect a successor to Mr. Sherman F. Smith of the Old Exchange Building Commission.
Referred to the Committee on Invitations.
H. 4162 -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND CHARLES RANDOLPH DELK OF RICHLAND COUNTY ON HIS OVER TWENTY YEARS OF SERVICE AS JUDGE OF THE PONTIAC MAGISTRATE'S COURT AND TO WISH HIM GODSPEED AND GOOD HEALTH IN HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 668 -- Senator Gregory: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO INCREASE THE AMOUNT OF JUDGMENTS ON RECOGNIZANCE A MAGISTRATE MAY CONFIRM TO FIVE HUNDRED DOLLARS PLUS FEES AND ASSESSMENTS.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 710 -- Senator McConnell: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER AND THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER THE SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT, SO AS TO ADD DISMEMBERMENT, MULTIPLE STABBING, AND MULTIPLE SHOOTING OF A PERSON TO THE LIST OF AGGRAVATING CIRCUMSTANCES A JUDGE SHALL CONSIDER OR INCLUDE IN HIS INSTRUCTIONS TO A JURY DURING THE SENTENCING PHASE OF A DEATH PENALTY PROCEEDING.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
S. 759 -- Senator Moore: A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL THERAPIST LICENSURE AND USE OF THAT TITLE, SO AS TO DELETE THE PROVISIONS REGARDING ISSUANCE OF CERTIFICATES OF LICENSURE TO FOREIGN TRAINED PERSONS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
Senator MESCHER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 767 -- Senators Matthews and Williams: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
(By prior motion of Senator WILLIAMS)
S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.
S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BAIL, CRUEL, UNUSUAL AND CORPORAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED.
S. 92 -- Senators McConnell, Rose, Elliott and Wilson: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A NONCAPITAL OFFENDER ON HIS OWN RECOGNIZANCE, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED AND TO DEFINE VIOLENT CRIMES.
S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO AS TO REVISE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS COMMISSION; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-7-940, RELATING TO THE DUTIES OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO REQUIRE THE COMMISSION TO PROVIDE TRAINING FOR VICTIM/WITNESS ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES; SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-23-10, RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO PROVIDE THAT THE DEFINITION OF "REGULATION" DOES NOT INCLUDE RULES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-23-111, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF A DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING SUCH HEARINGS; SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEDURES UNDER THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALL DECISIONS OF THE DEPARTMENT OF REVENUE MUST BE MADE PUBLIC EXCEPT WHERE REDACTED COPIES ARE WARRANTED AND TO CLARIFY THE TYPES OF HEARINGS OVER WHICH ADMINISTRATIVE LAW JUDGES SHALL PRESIDE; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-25, AS AMENDED, RELATING TO THE EXEMPTION OF GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-60, AS AMENDED, RELATING TO THE WITHHOLDINGS FROM THE AMOUNT OF SALES AND USE TAX COLLECTED BY COUNTIES, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-80, AS AMENDED, RELATING TO REPORTS OF THE TOTAL AMOUNT OF REVENUE COLLECTED FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-90, AS AMENDED, RELATING TO ADMINISTRATION OF THE LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE REQUIRED IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS AMENDED, RELATING TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70, AS AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO REVISE REFERENCES TO THE COMMISSIONER AND COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-4-760, RELATING TO APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD OF REVIEW, SO AS TO CHANGE REFERENCES OF THE TAX COMMISSION TO THE ADMINISTRATIVE LAW JUDGE DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF REVIEW TO THE CIRCUIT COURT; SECTION 12-21-2423, AS AMENDED, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT AND TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-1710, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-37-2680, AS AMENDED, RELATING TO THE DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE THAT AN APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS OF THE BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-43-300, AS AMENDED, RELATING TO BOARD OF ASSESSMENT APPEALS, SO AS TO PROVIDE THAT ANY PROPERTY OWNER, HIS AGENT, OR THE ASSESSOR MAY APPEAL FROM THE FINDING OF THE BOARD UPON WRITTEN NOTICE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS FROM THE DATE OF THE BOARD'S FINDING AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTION 13-1-10, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE DIVISION NAMES FROM DIVISION OF AERONAUTICS TO STATE AVIATION ADMINISTRATION AND FROM ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; ARTICLE 7, CHAPTER 1 OF TITLE 13, RELATING TO THE DIVISION OF AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13, AS AMENDED, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 13-17-40, AS AMENDED, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-410, AS AMENDED, RELATING TO PROVISIONS CONCERNING NONRESIDENT AIRCRAFT OPERATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS ADMINISTRATION; SECTION 16-3-1120, AS AMENDED, RELATING TO THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT THE DIRECTOR, AFTER CONSULTATION WITH THE CRIME VICTIM'S ADVISORY BOARD, MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC OF THE AVAILABLE BENEFITS; SECTION 16-3-1130, AS AMENDED, RELATING TO CLAIMS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1150, AS AMENDED, RELATING TO EMERGENCY AWARDS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION FUND AND THE CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1230, RELATING TO CLAIMS FILED IN BEHALF OF A MINOR OR INCOMPETENT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1300, AS AMENDED, RELATING TO PAYMENT OF AN AWARD UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1340, AS AMENDED, RELATING TO THE ATTORNEY FOR A CLAIMANT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISION REQUIRING ATTORNEYS OF THE WORKERS' COMPENSATION FUND TO REPRESENT THE VICTIM'S COMPENSATION FUND; SECTION 16-3-1410, RELATING TO THE RESPONSIBILITIES OF THE VICTIM COMPENSATION FUND RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE FUND PROVIDE TRAINING FOR THE SOLICITORS' OFFICES; SECTION 16-3-1550, AS AMENDED, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO FAMILY COURT IN CONJUNCTION WITH THE PROSECUTION OF JUVENILE OFFENDERS, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE COMMISSION ON PROSECUTION COORDINATION TO DEVELOP THE FORM RATHER THAN THE ATTORNEY GENERAL, AND TO CORRECT THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-640, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE THE REQUIREMENT THAT THE COUNTY BOARD APPOINT AN ADVISORY COMMITTEE; SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2880, AS AMENDED, RELATING TO FAMILY DAY CARE LICENSES, SO AS TO CLARIFY AN ADMINISTRATIVE LAW JUDGE MUST HEAR APPEALS; SECTIONS 20-7-2930 AND 20-7-2940, AS AMENDED, RELATING TO CHURCH DAY CARE CENTERS, SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION MUST BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5420, AS AMENDED, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH, SO AS TO DELETE CERTAIN OBSOLETE MEMBERS FROM THE COUNCIL AND TO CORRECT CERTAIN REFERENCES; SECTION 20-7-5910, AS AMENDED, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, AS AMENDED, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DEFINITION OF "DEPUTY DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS FOR DEPUTY DIRECTORS; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO THE LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE COMMITTEE IS ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING CHANGES THROUGHOUT; TO AMEND SECTION 24-1-10, RELATING TO CONSTRUCTION OF REFERENCES, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO ADD THE REFERENCE OF OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 38-3-110, AS AMENDED, RELATING TO DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE PROMULGATED BY THE COMMISSIONER; SECTION 38-27-520, AS AMENDED, RELATING TO RECOVERY OF PREMIUMS OWED, SO AS TO PROVIDE THAT AN APPEAL IS TO THE CIRCUIT COURT AND NOT THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REESTABLISH THE MEMBERSHIP OF THE CONTINUING EDUCATION ADVISORY COMMITTEE; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE AND TO CHANGE REFERENCES FROM DIRECTOR TO COMMISSIONER; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE COMMISSIONER OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-79-270, AS AMENDED, RELATING TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE APPEAL IS TO THE COMMISSIONER AND NOT THE DEPARTMENT; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE COMMISSIONER (MEANING CHIEF INSURANCE COMMISSIONER OF THE DEPARTMENT OF INSURANCE); CHAPTER 23 OF TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-6-180, AS AMENDED, RELATING TO AUCTIONEERS, SO AS TO REINSERT LANGUAGE TO PROVIDE THAT AN APPRENTICE'S SUPERVISING AUCTIONEER BE NOTIFIED IF CHARGES ARE BROUGHT AGAINST THE APPRENTICE; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-22-150, AS AMENDED, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION MAY EMPLOY AN EXECUTIVE DIRECTOR FOR THE BOARD; SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, AS AMENDED, SECTION 41-13-20, SECTION 41-13-25, AS AMENDED, SECTIONS 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210, 41-15-220, 41-15-230, 41-15-240, 41-15-250, 41-15-260, 41-15-270, 41-15-280, 41-15-290, 41-15-300, SECTION 41-15-320, AS AMENDED, SECTION 41-15-520, SECTIONS 41-16-20, 41-16-40, AS AMENDED, SECTIONS 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90, SECTIONS 41-16-100, 41-16-110, AS AMENDED, SECTIONS 41-16-120, 41-16-130, SECTION 41-16-140, AS AMENDED, SECTIONS 41-16-150, 41-16-160, SECTION 41-16-180, AS AMENDED, SECTIONS 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, SECTION 41-18-40, AS AMENDED, SECTION 41-18-50, SECTIONS 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, AS AMENDED, SECTIONS 41-18-120, 41-18-130, SECTIONS 41-18-150, 41-21-20, AS AMENDED, SECTIONS 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-90, 41-21-100, 41-25-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT AND TO CORRECT A REFERENCE; SECTION 43-5-150, AS AMENDED, RELATING TO APPEALS TO THE DEPARTMENT OF SOCIAL SERVICES FOR DENIAL OF PUBLIC ASSISTANCE, SO AS TO CLARIFY THAN AN ADMINISTRATIVE LAW JUDGE RATHER THAN A HEARING EXAMINER HEARS AN APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND SECTION 43-7-440, AS AMENDED, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 43-21-10, AS AMENDED, RELATING TO THE ADVISORY COMMISSION ON AGING, SO AS TO REVISE THE MEMBERSHIP AND RESPONSIBILITIES; SECTION 43-21-130, AS AMENDED, RELATING TO THE LONG TERM CARE COUNCIL, SO AS TO REVISE THE NAME, MEMBERSHIP, AND RESPONSIBILITIES OF THE COUNCIL; SECTION 43-21-150, AS AMENDED, RELATING TO THE EDUCATIONAL AND INFORMATIONAL PROGRAM OF THE DIVISION ON AGING, SO AS TO REVISE THE REFERENCE TO THE LONG TERM CARE COUNCIL IN ORDER TO CONFORM TO A PRIOR NAME CHANGE; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE ADVISORY COUNCIL; SECTION 48-9-610, AS AMENDED, RELATING TO THE APPOINTMENT OF TWO COMMISSIONERS TO SERVE WITH THE ELECTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO AUTHORIZE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO MAKE THE APPOINTMENT; SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION 48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO CLARIFY REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-150, AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF COASTAL ZONE PERMITS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 48-39-280, AS AMENDED, RELATING TO BEACH NOURISHMENT PROJECT PERMITS AND SETBACK LINES; SECTION 48-39-290, AS AMENDED, RELATING TO REBUILDING STRUCTURES OTHER THAN EROSION CONTROL STRUCTURES SEAWARD OF THE BASELINE, SO AS TO CLARIFY THE APPEALS PROCESS AS ESTABLISHED BY THE RESTRUCTURING ACT OF 1993; SECTION 48-49-70, RELATING TO THE MOUNTAIN RIDGE PROTECTION ACT OF 1984, SO AS TO TRANSFER THE JURISDICTION AND MANAGEMENT FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO THE DEPARTMENT OF NATURAL RESOURCES; SECTION 49-1-15, AS AMENDED, RELATING TO PERMITS FOR HYDROELECTRIC PROJECTS INVOLVING IMPOUNDMENT OR DIVERSION OF WATERS OF NAVIGABLE STREAMS, SO AS TO REQUIRE A PERMIT FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ANY CONSTRUCTION, ALTERATION, DREDGING, FILLING, OR OTHER ACTIVITY IN ANY WATERS OF NAVIGABLE STREAMS; SECTION 49-4-15, AS AMENDED, RELATING TO THE SOUTH CAROLINA WATER USE REPORTING AND COORDINATION ACT, SO AS TO MAINTAIN THE PROGRAM UNDER THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN TRANSFERRING IT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED BY THE RESTRUCTURING ACT OF 1993; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-90, AS AMENDED, RELATING TO CONDUCTING GAME AND FISH CULTURAL OPERATIONS, SO AS TO CHANGE A REFERENCE FROM BOARD TO DEPARTMENT; SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING AND FIRING THE OFFICERS; SECTION 50-3-315, AS AMENDED, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO REVISE THEIR AUTHORITY; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-20, AS AMENDED, RELATING TO THE JURISDICTION OF THE MARINE RESOURCES DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT HAS CONTINUING JURISDICTION OVER STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE ATLANTIC STATES MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON THE COMMISSION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED, RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE CLOSED AREAS FROM A PERMIT ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED, RELATING TO THE CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 55-1-1, RELATING TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE THE NAME TO THE STATE AVIATION ADMINISTRATION; SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITION FOR UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-5-50, AS AMENDED, RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS, SO AS TO REINSERT THE REQUIREMENT THAT HE BE A COMMERCIAL PILOT WITH INSTRUMENT RATING; SECTION 55-5-190, AS AMENDED, RELATING TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-8-10, AS AMENDED, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-11-10, AS AMENDED, RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-15-10, AS AMENDED, RELATING TO RELOCATION ASSISTANCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-135, AS AMENDED, RELATING TO DESIGNATED DRIVERS FOR FIRE EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY THAT THE BOARD MUST ADVISE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225, AS AMENDED, RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS TO CLARIFY REFERENCES IN THE SECTION; SECTION 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-1-2100, AS AMENDED, RELATING TO COMMERCIAL DRIVERS LICENSES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE REQUIREMENTS FOR DEPOSIT OF FINES; SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE A SENTENCE WHICH HAS BEEN DECLARED UNCONSTITUTIONAL; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160, AS AMENDED, RELATING TO THE DISPOSITION OF FINES FOR WEIGHT VIOLATIONS OF VEHICLES AND LOADS, SO AS TO REQUIRE THE FINES BE DEPOSITED INTO THE SIZE AND WEIGHT REVITALIZATION PROGRAM FUND FOR PERMANENT IMPROVEMENTS RATHER THAN INTO THE GENERAL FUND; SECTION 56-5-5810, AS AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF REVENUE, AND THE CHIEF INSURANCE COMMISSIONER; SECTION 57-3-610, AS AMENDED, RELATING TO NAMING A ROAD, BRIDGE, OR HIGHWAY IN HONOR OF A PERSON, SO AS TO DELETE THE REFERENCE TO COUNTY LEGISLATIVE DELEGATION AND SUBSTITUTE COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON AN INTERSTATE HIGHWAY; SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-53-20, RELATING TO THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM, SO AS TO CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 1613 OF ACT 181 OF 1993, RELATING TO TRANSITION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL RECORDS ARE TRANSFERRED AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED; SECTION 1618 OF ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 40-73-17, SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL PROVIDE LEGAL SERVICES TO ALL ITS DIVISIONS; SECTIONS 48-9-215 AND 48-9-225, SO AS TO ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES AND CONSERVATION DISTRICTS ADVISORY COUNCIL; TO AMEND CHAPTER THREE OF TITLE 49 BY ADDING SECTION 49-3-60, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO NEGOTIATE AGREEMENTS RELATING TO THE WITHDRAWAL, TRANSFER, OR DIVERSION OF WATER CONNECTED TO WATERS OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING CHAPTER 27 TO TITLE 50, SO AS TO CHANGE THE PLACEMENT OF THE STATUTORY AUTHORITY FOR THE HERITAGE TRUST PROGRAM FROM TITLE 51 TO TITLE 50; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1720 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY LINE LAW ENFORCEMENT PERSONNEL OF THE DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, CHAPTER 5 OF TITLE 12, CHAPTER 61 OF TITLE 40, AND CHAPTER 17 OF TITLE 51.
Senator STILWELL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 230 -- Senators Richter, Leventis, Rose, Rankin and Passailaigue: A BILL TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.
S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.
S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
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.
S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.
Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator CORK proposed the following amendment (397R001.HAC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:
"A person who initially applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in Section 61-5-80(B)."
SECTION 2. Section 61-1-105 of the 1976 Code is amended to read:
"Section 61-1-105. If a biennial licensee or permittee under this title closes the licensed or permitted business for loss of the business lease or due to fire or other natural disaster or dies within for any reason during the first year of the biennial license or permit year period, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year period. No licensee or permittee is eligible for a refund under the provisions of this section if the license or permit has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license or permit."
SECTION 3. Section 61-3-710 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:
"Section 61-3-710. (A) Licenses issued under this chapter expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.
(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.
(2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.
(3) Licensees located in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.
(C) The department shall prorate license fees for license years 1992-94 according to the time the licenses are valid."
SECTION 4. Section 61-5-70 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:
"Section 61-5-70. (A) Licenses issued under this article expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.
(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.
(2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.
(3) Licensees in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.
(C) The department shall prorate license fees for license years 1992-94 according to the time the license is valid."
SECTION 5. Section 61-9-310 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:
"Section 61-9-310. (A) Every person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply to the department for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the department four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the department two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business.
(B) All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are:
(1) the last day of February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;
(2) the last day of May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;
(3) the last day of August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;
(b) even number for Richland County;
(4) the last day of November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.
(C) (1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit.
(2) Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit.
(3) Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992.
(D) The department shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.
(C) A person who initially applies for a permit after the first day of a permit period shall pay permit fees in accordance with the schedule provided in Section 61-5-80(B)."
SECTION 6. Section 12-33-220 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor; however, SECTION 2 applies to bi-annual licenses or permits issued after June 30, 1992./
Amend title to conform.
Senator RYBERG explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives.
S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (EDUC\696.04), which was proposed by Senator BRYAN and previously printed in the Journal of April 12, 1995.
Senator BRYAN explained the amendment.
Senator BRYAN moved under Rule 18 to divide the question.
The question was divided as follows:
Senator BRYAN proposed the following amendment (696R004.JEB):
Amend the bill, as and if amended, page 1, line 40, by inserting after the phrase / a high school diploma / the following:
/or ranks in the upper fifty percent of the total number of his classmates after one year in the public or independent institution of higher learning;/.
Amend title to conform.
Senator BRYAN proposed the following amendment (696R005.JEB):
Amend the bill, as and if amended, page 2, by striking lines 11 and 12.
Amend title to conform.
The question then was the adoption of Part I (696R004.JEB).
Senator BRYAN proposed the following amendment (696R004.JEB):
Amend the bill, as and if amended, page 1, line 40, by inserting after the phrase / a high school diploma / the following:
/or ranks in the upper fifty percent of the total number of his classmates after one year in the public or independent institution of higher learning;/.
Amend title to conform.
Senator BRYAN explained the amendment.
Part I was adopted.
The question then was the adoption of Part II (696R005.JEB).
Senator BRYAN proposed the following amendment (696R005.JEB):
Amend the bill, as and if amended, page 2, by striking lines 11 and 12.
Amend title to conform.
Senator BRYAN moved to lay Part II of the amendment on the table.
Part II of the amendment was laid on the table.
Senator BRYAN proposed the following Amendment No. 2 (EDUC\696.03), which was adopted:
Amend the bill, as and if amended, on page 2 by striking lines 4 and 5 and inserting:
/(4) is of good moral character and has never been convicted of a felony; and/.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 3 (696R003.ELP), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Title 59 of the 1976 Code is amended by adding:
Section 59-143-10. (A) The Excellence Created through Exemplary Leadership (EXCEL) program funded as provided in Section 59-143-50. The EXCEL account which is separate and distinct from the general fund of the State is established to provide tuition scholarships to persons enrolling in undergraduate programs at institutions of higher learning in South Carolina. The Commission on Higher Education shall administer expenditures from this account and the provisions of this chapter.
(B) For the purposes of this chapter, an institution of higher learning means a four-year, two-year, or technical public institution of higher learning in South Carolina and any independent eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools.
Section 59-143-20. (A) The State shall pay the tuition of a student, to the extent provided for in Sections 59-143-30 and 59-143-40, who enrolls in a degree or certificate program at any South Carolina institution of higher learning and who:
(1) resided in South Carolina during the twelve months preceding application to the program;
(2) has a cumulative 'B' average or 3.0 on a 4.0 scale, either upon graduation from high school or at the end of at least one year of study at an institution of higher learning;
(3) has no criminal convictions, excluding minor traffic offenses;
(4) is found to be in financial need as determined in this chapter; and
(5) either:
(a) has graduated from a South Carolina high school; or
(b) has received a General Education Development Certificate from the State Board for Technical and Comprehensive Education.
(B) After an initial award, a student may continue to receive an EXCEL Scholarship for a maximum of four academic years if the student:
(a) has maintained a cumulative 'B' average or 3.0 on a 4.0 scale;
(b) is enrolled for not less than two semesters or three quarters in an academic year unless active military service prevents continued enrollment; and
(c) has no criminal convictions, excluding minor traffic violations.
(C) A student whose average falls below a 'B' or 3.0 on a 4.0 scale while receiving an EXCEL Scholarship will remain eligible to renew the scholarship for a probational period of one year. If the student does not attain a cumulative 3.0 average during the probational period, he is ineligible to receive an EXCEL Scholarship after the probationary period.
(D) A student who has received an EXCEL Scholarship but becomes ineligible under subsection (C) of this section may be eligible for an EXCEL loan in the amount in which the student would otherwise be eligible for an EXCEL Scholarship. A student whose cumulative grade point average is below a 2.5 on a 4.0 scale will not be eligible for an EXCEL loan. The terms of and eligibility requirements for the loan shall be determined by the commission but in no case shall the interest rate exceed the rate for Stafford Loans.
Section 59-143-30. (A) The amount of the EXCEL Scholarship for otherwise eligible students shall be based on the yearly adjusted gross family income for the preceding year. If the adjusted gross family income is $50,000 or less, the student is eligible for an EXCEL Scholarship up to the amount of the cost of tuition at the school in which he is enrolled. If the income is greater than $50,000, the percentage of tuition paid shall be reduced by the percentage that the income is greater than $50,000. EXCEL Scholarship awards shall be established annually by the commission subject to availability of funds and shall be distributed on a pro rata basis. The commission is authorized to periodically adjust the $50,000 figure based on inflation.
(B) For the purposes of this chapter, adjusted gross family income means the adjusted gross income, as determined by the Internal Revenue Service, of the student and of any person who claims the student as a dependent for federal income tax purposes.
Section 59-143-40. The commission shall promulgate regulations to implement this chapter which provide:
(a) a formula for adjusting scholarships within the guidelines of Section 59-143-30 so as to reflect factors other than adjusted gross income, such as the number of family members in the household, which may affect a family's ability to pay;
(b) a formula for allowing deviations, based on the difficulty of the area of study in which the student is enrolled, from the grade requirements in Section 59-143-20;
(c) a mechanism for informing all students of the availability of the assistance provided pursuant to this chapter early in their schooling so as to motivate students toward academic achievement and lawful conduct;
(d) application forms, financial audit procedures, other program audit procedures, and other matters related to efficient operation; and
(e) a monitoring system to ensure that any criminal convictions of the applicants are discovered.
Section 59-143-50. The commission shall award scholarships based on the amount of funds appropriated by the General Assembly each fiscal year. The payments shall be made directly to the public institution upon the receipt of written notice from the institution that the student is enrolled.
Section 59-143-60. The student must apply for all federal grants before receiving an EXCEL Scholarship. No student may receive an EXCEL Scholarship under this chapter in an amount greater than the tuition charged by the school. When total scholarship and grant assistance from all sources, including an EXCEL Scholarship, exceeds tuition, the EXCEL Scholarship must be reduced by the amount in excess of the tuition."/
Amend the bill further, as and if amended, page 3, line 28, by striking SECTION 2 and inserting the following:
/SECTION ___. The provisions of Chapter 43, of Title 59 as contained in this act take effect upon approval by the Governor. Subject to approval of the Governor, the provisions of Chapter 143 of Title 59 as contained in this act take effect upon ratification of the amendment to Section 7, Article XVII of the Constitution of the State./
Amend title to conform.
Senators PASSAILAIGUE and STILWELL explained the amendment.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 3 was withdrawn.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 780 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-29-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED DISCLOSURE OF INFORMATION BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO ADD A PROVISION AUTHORIZING THE COMMISSION TO SUPPLY CERTAIN INFORMATION TO THE SOUTH CAROLINA STATE EDUCATION ASSISTANCE AUTHORITY.
S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (BBM\10190JM.95), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 33 through 35 and inserting:
/(1) two members appointed from the Senate Finance Committee by the chairman of that committee;
(2) two members appointed from the House Ways and Means Committee by the chairman of that committee;/
Amend further, page 2, line 12, by inserting:
/(D) The chairman of the State Reorganization Commission, the Chairman of the Senate Finance Committee, and the chairman of the House Ways and Means Committee shall jointly designate staff from the State Reorganization Commission, the House Ways and Means Committee, and the Senate Finance Committee to provide necessary administrative, legal, and research support for the board and, to the extent practical, use the personnel of appropriate state agencies and commissions with such administrative and legal resources./
Amend further, page 2, by striking lines 39 through 42 and inserting:
/(1) three members, as determined by the Governor, for terms of one year;
(2) three members, as determined by the Governor, for terms of two years; and
(3) Senate and House members, for terms of two years./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, S. 35 was ordered to receive a third reading on Thursday, April 27, 1995.
S. 505 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-106 SO AS TO PROHIBIT A GENERAL CONTRACTOR OR MECHANICAL CONTRACTOR FROM USING LEGAL PROCESS TO ENFORCE THE PROVISIONS OF ANY CONSTRUCTION CONTRACT IF THE CONTRACTOR IS NOT A LICENSED CONTRACTOR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (GJK\21756SD.95), which was adopted:
Amend the bill, as and if amended, by striking Section 40-11-106 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 40-11-106. A contractor who does not have the license required by this chapter may not bring any action at law or in equity to enforce the provisions of any construction contract which he entered into in violation of this chapter, including any actions to secure or collect any sum due under any contract if the contracting party who is subject to the action brought by the contractor had no knowledge at the time of entering into the construction contract that the contractor was not licensed."/
Renumber sections to conform.
Amend totals and title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator STILWELL, S. 505 was ordered to receive a third reading on Thursday, April 27, 1995.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (DKA\3947CM.95), which was adopted:
Amend the bill, as and if amended, Section 40-17-55, SECTION 1, page 1, by striking lines 34 through 42, and on page 2, by striking line 1, and inserting:
/who:
(1) has obtained a high school diploma or its equivalent;
(2) is at least twenty-one years of age;
(3) is a citizen of the United States;
(4) is not a person convicted of a felony or a crime involving moral turpitude;
(5) is not a person with a record of mental illness that has not be restored to legal capacity;
(6) is not a veteran who has received less than an honorable discharge from military service;
(7) is a person having had at least three years experience:/
Amend further, page 2, by striking on line 7 /registration/ and inserting:
/registration licensure/.
Amend further, page 2, by striking lines 21 through 28 and inserting:
/(1) have a high school diploma or its equivalent;
(2) be at least eighteen years of age;
(3) be a citizen of the United States;
(4) not have been convicted of a felony or crime involving moral turpitude;
(5) not be a person with a record of mental illness that has not been restored to legal capacity;
(6) not be a veteran who has received less than an honorable discharge from military service./
Amend further, page 2, by striking line 32 and inserting:
/(A)(1) and (7) of this provision."/
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator WILSON spoke on the Bill.
Senator WILLIAMS objected to further consideration of the Bill.
S. 765 -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS' MEMORIAL DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; 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 A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT 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 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE was recognized.
With Senator PASSAILAIGUE retaining the floor, Senator SALEEBY spoke on the Bill.
Senator SALEEBY asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 18.
There was no objection.
Senator SALEEBY proposed the following Amendment No. 18 (BBM\10217JM.95):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-73-455 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-73-455. (A) An automobile insurer shall offer two different rates for automobile insurance, a base rate one or more rates as defined in Section 38-73-457 and an objective standards rate which is twenty-five percent above the base rate. Both of these rates which rates are subject to all surcharges or discounts, if any, applicable under any approved merit rating plan, credit or discount plan promulgated by the department or approved by the director or his designee. Additionally, an automobile insurer shall offer the applicable rates approved for policies ceded to the Reinsurance Facility.
Applicants, or a current policyholder, seeking automobile insurance with an insurer must be written at the base rate, unless one of the conditions or factors in subitems (1) through (8) of item (A) is present.
(A) The named insured or any operator who is not excluded in accordance with Section 38-77-340 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:
(1) has obtained a policy of automobile insurance or continuation thereof through material misrepresentation within the preceding thirty-six months; or
(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Motor Vehicle Division of the Department of Revenue and Taxation; or
(3) has had two or more "chargeable" accidents within the thirty-six months immediately preceding the effective date of coverage. A "chargeable" accident is defined as one resulting in bodily injury to any person in excess of three hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.
(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.
(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.
(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.
(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a "hit and run" driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.
(f) Accidents involving damage by contact with animals or fowl.
(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.
(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or
(4) has had one "chargeable" accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Motor Vehicle Division of the South Carolina Department of Revenue and Taxation; or
(5) has been convicted of or forfeited bail during the thirty-six months immediately preceding the effective date of coverage for operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or
(6) has been convicted or forfeited bail during the thirty-six months immediately preceding the effective date for:
(a) any felony involving the use of a motor vehicle;
(b) criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle;
(c) leaving the scene of an accident without stopping to report;
(d) theft or unlawful taking of a motor vehicle;
(e) operating during a period of revocation or suspension of registration or license;
(f) knowingly permitting an unlicensed person to drive;
(g) reckless driving;
(h) the making of material false statements in the application for licenses or registration;
(i) impersonating an applicant for license or registration or procuring a license or registration through impersonation, whether for himself or another;
(j) filing of a false or fraudulent claim or knowingly aiding or abetting another in the presentation of such a claim;
(k) failure to stop a motor vehicle when signaled by means of a siren or flashing light by a law enforcement vehicle; or
(7) has for thirty or more consecutive days during the twelve months immediately preceding the effective date of coverage, owned or operated the automobile to be insured (or if newly acquired, the automobile it replaces) without liability coverage in violation of the laws of this State; or
(8) has used the insured automobile as follows or if the insured automobile is:
(a) used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool must not be considered use of an automobile for hire or compensation;
(b) used in the business of transportation of flammables or explosives;
(c) used in illegal operation; or
(d) no longer principally used and garaged within the state, but not to include students who are operating a motor vehicle registered in this State while attending an institution located in another state.
(B) In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, the motor vehicle customarily operated by that individual must be written at the objective standards rate.
(C) (B) Member companies of an affiliated group of automobile insurers may not 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 or his designee. These rating plans may provide for different rates and rating plans among affiliated companies. The director shall approve the rating plans if the rates are not excessive, inadequate, or unfairly discriminatory. For the purpose of this section, an affiliated group of automobile insurers includes a group of automobile insurers under common ownership, management, or control. Each member of a group of affiliated insurers shall not be considered a separate insurer for purposes of compliance with the laws governing the writing, cancellation, or renewal of an automobile insurance policy. Therefore, if one company which is a member of a group of affiliated companies refuses to write, cancels, or refuses to renew a policy but, at the same time, offers to arrange insurance for the applicant or insured with another member of the same group, there has not been a refusal to write, a cancellation, or a refusal to renew by the first company. However, no insurer shall take such action unless it does so on the basis of underwriting guidelines filed with the director. These guidelines shall be treated by the director or his designee as proprietary trade secrets and subject to disclosure only to the director or his designee and the consumer advocate, who shall protect and preserve their confidentiality. The movement of a policy from one company to another within a group of affiliated companies resulting in a different rate for the insured may only occur on the renewal date of the policy. Those automobile insurers designated contracted pursuant to Section 38-77-590(a), for automobile insurance risks written by them through producers designated assigned by the facility governing board pursuant to that section, shall utilize the rates or premium charges by coverage filed and authorized for use by the rating organization licensed by the director or his designee pursuant to Article 11, Chapter 73 of this title, which has the largest number of members or subscribers for automobile insurance rates applicable for policies ceded to the facility. However, those automobile insurers designated contracted pursuant to Section 38-77-590(a) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their authorized agents not appointed pursuant to Section 38-77-590 on policies not ceded to the facility.
(D)(C) An automobile insurance policy may be endorsed at any time during the policy period to reflect the correct rate or premium applicable by reason of the factors or conditions described in subsection (A) which existed prior to the commencement of the policy period in which the endorsement is made, regardless of whether the factors or conditions were known or disclosed to the insurer at the commencement of the policy period. However, No policy may be endorsed during a policy period to reflect factors or conditions occurring during that policy period. A policy may be endorsed during a policy period to recognize the addition or deletion of an operator or vehicle.
(E)(D) For purposes of determining the applicable rates rate to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record."
SECTION 2. Section 38-73-457 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:
"Section 38-73-457. Notwithstanding Sections 38-73-920 and 38-73-1210, every automobile insurer and rating organization shall, prior to October 1, 1987, file with the department a base rate one or more rates, which rates are is defined as a rate by coverage calculated solely upon the experience generated by the risk for each class and territory retained by the insurer in its voluntary book of business and which must not include experience generated by risks ceded or assumed from the Reinsurance Facility. established under Section 38-73-1030. An objective standards rate by coverage must also be filed which is twenty-five percent above the base rate previously described for each class and territory. The base rate must be calculated by removing from the rate or premium charge, then in effect for the automobile insurer, that portion of the rate or premium charge attributable to the net gain or loss of the insurer as a result of participation in the operating results of the facility as required by Section 38-77-760. In determining the base rate and objective standards rate, by coverage, the director or his designee, in order that no extra premium revenue is generated by this section, shall require that the insurer's average rate, by coverage, on October 1, 1987, (computed as a weighted average of the base rate and objective standards rate, by coverage, as determined by the Commissioner), not exceed the insurer's average rate, by coverage, prior to October 1, 1987, as determined by the director or his designee. The provisions of the Administrative Procedures Act apply to any appeal of a base rate or objective standards rate brought thereunder before the Administrative Law Judge Division as provided by law. The base rate or objective standards rate approved by the director or his designee may be put into effect under bond in a similar manner that a public utility may put a proposed rate increase into effect under bond as provided by law. No insurer may file a base rate for any class or territory which is higher than the rate or premium charge, exclusive of that portion required by Section 38-73-460, approved by the director or his designee for use on October 1, 1987. As a result of this section, no insured may receive an increase in rates for other than an increase in coverage or due to the provisions of Section 38-77-280, 38-77-610, or 38-73-455, unless the insurer files additional rates in accordance with this title.
The base rate and objective standards rate filed by each insurer of automobile insurance are effective if they meet the requirements of this section, on or after July 1, 1988, for all eligible applicants and upon the renewal date, on or after July 1, 1988, for all eligible existing policyholders. If the base rate and objective standards rate filed by an automobile insurer do not meet the requirements of this section, the director or his designee shall suspend the authority of that insurer to write automobile insurance until the deficiencies are corrected.
After July 1, 1988, No rate or premium charge, exclusive of the facility recoupment charge approved or established pursuant to Section 38-77-610 may be approved for an insurer of automobile insurance unless that rate or premium charge is calculated in accordance with this section and meets the other applicable requirements of this title pertaining to the approval of rates or premium charges.
The consumer advocate, upon request to the director or his designee, must be provided by him with a copy of any base rate rates filed with the director or his designee along with any supporting materials, documents, or studies utilized to support the filed base rate. In addition, every automobile insurer and rating organization shall promptly respond to requests for information and data requested by the consumer advocate relating to the filed base rate. The consumer advocate must be afforded an opportunity for a hearing before the director or his designee on any filed base rate before it takes effect that he believes does not meet the requirements of this section. After January 1, 1996, but not before that date, final decisions of the director or his designee regarding this hearing are subject to the provisions of the State Administrative Procedures Act and may be appealed to the Administrative Law Judge Division as provided by law.
Effective January 1, 1996, the director or his designee shall disallow the further use of the objective standards rate previously filed in accordance with this section. However, concurrently with the above effective date the director or his designee shall modify the uniform merit rating plan to the extent that surcharges are applied as a percent of the base rate, not as a flat dollar amount, incorporating into these surcharges the prior objective standards rate surcharge and criteria previously listed in Section 38-73-455 so that the overall rate levels before and after the effective date are generally the same.
Upon the effective date of this section, nothing herein shall be construed to require a rating organization, its members or subscribers, or an individual insurer to refile final rates or premium charges previously approved by the director or his designee. Members or subscribers of a rating organization or individual insurers are authorized to continue to use rates approved before the effective date of this section. Such continued use shall not require review or other action pursuant to the Administrative Procedures Act."
SECTION 3. Section 38-73-735 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-73-735. In addition to risk and territorial classification plans promulgated or approved under Section 38-73-730, the department may promulgate plans to afford credits or discounts to automobile insureds, or he may approve the credit or discount plans filed with him by insurers of automobile insurance. No automobile insurance credit or discount plan may be promulgated or approved by the director or his designee unless:
(1) the criteria for determining eligibility for credits or discounts under the plan are objective, clear, and unequivocal;
(2) the criteria are based upon factually or statistically supported data; and
(3) the credits or discounts provided under the plan will be afforded by the insurer on a nondiscriminatory basis to all insureds who are eligible therefor and not ceded to the facility. If an insurance credit or discount plan is given to an insured pursuant to this section, the policy may be ceded to the Reinsurance Facility in accordance with the facility's plan of operation."
SECTION 4. The 1976 Code is amended by adding:
"Section 38-73-780. (A) The South Carolina Reinsurance Facility Board of Governors annually shall develop and file a liability loss component as defined in Section 38-73-1400(1) for private passenger automobile insurance coverages based on the total experience of all insurers in this State including risks ceded to the facility. The Facility Board of Governors shall contract with independent actuarial services to develop the loss component. To expedite the implementation of this section, before January 1, 1997, the filing shall not be subject to the Administrative Procedures Act. Due consideration must be given to actual loss experience within this State for the most recent three-year period for which such information is available; to prospective loss experience within this State; and to all other relevant factors within this State; provided, however, that countrywide loss experience and other countrywide data may be considered only where credible South Carolina experience or data is not available.
The South Carolina Reinsurance Facility Board of Governors annually shall develop and file a physical damage loss component for private passenger automobile insurance coverages based on the total experience of all insurers in this State including risks ceded to the facility. The Facility Board of Governors shall contract with independent actuarial services to develop the loss component. To expedite the implementation of this section, before January 1, 1997, the filing shall not be subject to the Administrative Procedures Act. Due consideration must be given to actual loss experience within this State for the most recent three-year period for which such information is available; to prospective loss experience within this State; and to all other relevant factors within this State; provided, however, that countrywide loss experience and other countrywide data may be considered only where credible South Carolina experience or data is not available.
(B) The loss component developed under this section is applicable to the risk and territorial classification plan promulgated and approved by the director or his designee.
(C) The state rate and statistical division shall annually review the loss components to determine if it is proper and supported by statistical evidence and make appropriate filings for approval of rates as required under this chapter."
SECTION 5. Section 38-73-1420 of the 1976 Code, as added by Act 148 of 1989 and as last amended by Section 783 of Act 181 of 1993, is further amended to read:
"Section 38-73-1420. After June 30, 1989, the Board of Governors of the South Carolina Reinsurance Facility shall file an expense component as defined under Section 38-73-1400(2) for private passenger automobile insurance rate or premium charges which must accurately reflect the actual expenses of the South Carolina Reinsurance Facility and a zero percent profit and contingency provision for use with after the rating organization with the largest number of members or subscribers has filed a the pure loss component for private passenger automobile insurance coverage developed under Section 38-73-780 with the director or his designee. To expedite the implementation of this section, before January 1, 1997, the filing shall not be subject to the Administrative Procedures Act. Upon the approval of such component by the director or his designee, those automobile insurers designated contracted pursuant to Section 38-77-590(A), for risks written by them through producers designated assigned pursuant to that same section, and, subject to the provisions of Section 38-73-1425, all insurers on all risks ceded to the facility, shall utilize these final rate or premium charges as required under Section 38-77-540. Automobile insurers designated contracted pursuant to Section 38-77-590(A) are not required to use those same final rates or premium charges for risks written through their agents not appointed assigned pursuant to Section 38-77-590 on risks not ceded to the facility."
SECTION 6. Section 38-73-1425 of the 1976 Code, as added by Act 113 of 1991, and as last amended by Act 181 of 1993 is further amended to read:
"Section 38-73-1425. Except as provided for in subsections (A), (B), and (C), the final rate or premium charge for a private passenger automobile insurance risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e) is the final rate or premium charge required by Section 38-73-1420 38-77-540 or the final rate or premium charge approved for use by the insurer, whichever is greater.
(A) Insurers having company filed rates which are less than the uniform rate shall implement the following transition program for ceded risks insured by that insurer on January 1, 1996, and having no merit rating points.
Twenty percent of the current differential of the lower company filed rate shall be added on renewals effective on or after January 1, 1996, and forty percent of the current differential of the lower company filed rate and the projected state uniform rate shall be added on renewals effective on or after January 1, 1997, and sixty percent of the current differential of the lower company filed rate and the projected state uniform rate shall be added on renewals effective on or after January 1, 1998, and eighty percent of the current differential of the lower company filed rate and the projected state uniform rate shall be added on renewals effective on or after January 1, 1999, and on renewals effective on or after January 1, 2000, such risks shall be ceded at the final rate or premium charge required by Section 38-77-540. However, effective January 1, 1997, physical damage coverages on renewals shall be ceded at the facility physical damage rate as defined in Chapter 77, for insurers using transitional facility rates, the department shall promulgate a filing form and the director or his designee shall approve the rate schedule without hearing if the rates are computed in accordance with this section. Filings under this section shall not be considered company rate increases under Section 38-73-920.
(B) For the one-year period beginning January 1, 1996, the rate for risks, other than those risks under Section (A), having no merit rating plan points and ceded by insurers having company filed rates in effect on January 1, 1996, which are less than the projected state uniform rate shall be the sum of the company filed rate and twenty percent of the current differential of the lower company filed rate and the state uniform rate. Effective January 1, 1997, all private passenger automobile risks, other than those under Section (A), shall be ceded at the final rate or premium charge required by Section 38-77-540.
(C) For the one-year period beginning January 1, 1996, the rate for private passenger automobile physical damage coverages ceded to the facility on new and renewal risks having one or more merit rating plan points shall be the facility physical damage rate, as defined in Section 38-77-30(16).
SECTION 7. Section 38-77-10 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 38-77-10. In order to effect a complete reform of automobile insurance and insurance practices in South Carolina, the purposes of this chapter are:
(1) to provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to automobile insurance from the automobile insurer of the applicant's choice on the basis of the same rates, policy forms, claims service, and other services provided by the insurer to all other applicants or insureds falling within the same classification of risk and territory under the applicable risk and territorial classification plan promulgated by the department so long as all these applicants or insureds have satisfied the same objective standards as established in Sections 38-77-280 and 38-73-455;
(2) to provide a Reinsurance Facility reinsurance facility for automobile insurers in which all automobile insurers must participate to the end that the operating expenses and net profit or loss of the facility may be shared equitably by all the insurers transacting automobile insurance business in this State giving appropriate consideration to degrees of utilization of the facility by the several insurers of automobile insurance and to provide prohibitions or penalties in respect to excessive utilization of the facility.; and
(3) to provide prohibitions and penalties in respect to unfairly discriminatory or unfairly competitive practices having as their purpose or effect evasion of the statutory mandate of coverage provided in this chapter or imposing an undue or unfair burden upon other automobile insurers through excessive utilization of the facility.
(4) To provide medical, surgical, funeral, and disability insurance benefits without regard to fault to be offered under automobile insurance policies that provide bodily injury and property damage liability insurance, or other security, for motor vehicles registered in this State."
SECTION 8. Section 38-77-280 of the 1976 Code, as last amended by Section 810 of Act 181 of 1993, is further amended to read:
"Section 38-77-280. (A) Notwithstanding Sections 38-77-110 and 38-77-920, and except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall may make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage. Automobile insurers contracted pursuant to Section 38-77-590 for risks written by them through producers assigned by the facility governing board pursuant to that section shall offer and make available collision coverage and comprehensive or fire, theft, and combined additional coverage to an insured or qualified applicant who requests the coverage.
If collision coverage is offered or provided, it must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.
If comprehensive coverage or fire, theft, and combined additional coverages are offered or provided, it must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the director or his designee. An insurer may offer insureds lower deductibles at the insurer's option.
(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to an applicant or existing policyholder, on renewal, who has collected benefits provided under automobile insurance physical damage coverage during the thirty six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760c.
All insurers subject to the provisions of this section writing single interest collision coverage shall provide an applicant for the insurance at the time of his application a notice separate and apart from any other form used in the application. The notice must be signed by the applicant evidencing his acknowledgement of having read the notice. The notice must contain the following language printed in bold face type:
'NOTICE: THE INSURANCE COVERAGE YOU ARE HEREBY PURCHASING IS SINGLE INTEREST COLLISION COVERAGE. THE AMOUNT OF INSURANCE DECREASES AS YOU PAY OFF THE AMOUNT OF YOUR INDEBTEDNESS. YOU MAY NOT RECEIVE ANY INSURANCE PROCEEDS OVER AND ABOVE THE AMOUNT OF THE OUTSTANDING BALANCE ON YOUR LOAN.'
(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) the uniform merit rating plan which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the facility.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than from those provided for in Section 38-73-457 if the rates are filed with the department and approved by the director or his designee. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457. Notwithstanding Section 38-37-111, automobile physical damage coverages may be ceded to the facility. However, automobile physical damage coverages ceded to the facility by an insurer or servicing carrier shall be at the rate provided for in accordance with Section 38-77-540.
(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant my select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass. In determining the premium rates to be charged on automobile insurance, it is unlawful to consider race, color, creed, religion, national origin, ancestry, location of residence, occupation, or economic status. Nothing in this section shall prohibit use of territorial plans and classifications approved by the director or his designee. If the Director of Insurance makes a finding that the insurer is participating in a pattern of discriminatory practices, the director may impose a fine on the insurer of up to two hundred thousand dollars."
SECTION 9. Section 38-77-30 of the 1976 Code is amended by adding:
"(15) 'State uniform rate' means the final rate or premium charge for liability coverage which is to be established by adding the liability loss component developed under Section 38-73-780 to the expense component developed under Section 38-73-1420 and applying to the resulting total a modification factor of 1.10 for the two-year period beginning January 1, 1996; a modification factor of 1.125 for the two-year period beginning January 1, 1998; and a modification factor of 1.15 on or after January 1, 2000.
(16) 'Facility physical damage rate' means the final rate or premium charge for physical damage coverage which is to be established by adding the physical damage loss component developed under Section 38-73-780 to the expense component developed under Section 38-73-1420."
SECTION 10. The title of Section 38-77-540 of the 1976 Code is amended to read:
"Duties of ceding insurer Facility rate plans."
SECTION 11. Section 38-77-540 of the 1976 Code is amended to read:
"Section 38-77-540. The ceding insurer shall transfer or credit to the Facility on any policy of automobile insurance reinsured by the Facility the pure loss component of its rate or premium charge together with the profit and contingency component of the rate or premium charge as determined under its rating plan or system as filed with the Department. The ceding insurer shall retain as and for its ceding commission the allocated loss adjustment expense component as well as the underwriting and administrative expense components of the rate or premium charge under ceding insurer's rating plan or system as filed with the Department. However, no ceding insurer may include in the agents' commissions component of its underwriting expenses any amount greater than it has actually paid its agent as commission on the reinsured risk. The facility shall accept cessions on a policy of private passenger automobile insurance at the option of an insurer but only at the rate or premium charge as determined under the rating plans established by the governing board and approved by the director or his designee, subject, however, to Section 38-77-950 regarding reasonable utilization of the facility by member companies. The rate plans for the facility are subject to the director's or his designee's approval which may be granted only if the plan is consistent with and provides for the following:
(A) The rate or premium charge for drivers of private passenger automobiles shall be the state uniform rate as defined in this chapter.
(B) Beginning on January 1, 1997, the rate or premium charge for private passenger automobile physical damage coverages shall be the facility physical damage rate as defined in this chapter.
(C) The rate plans of the facility shall use the applicable risk and territorial classification plan promulgated by the director or his designee including merit rating plan surcharges and discounts as provided for in Section 38-73-760(e). The facility rate plans shall not include discounts approved for individual insurers under Section 38-73-735.
The facility shall publish a uniform rate and rules manual as required by this section. This manual shall include all applicable classifications, discounts, rating rules and procedures to be utilized in connection with facility business. This manual shall be subject to annual approval by the director or his designee. The director shall resolve all subsequently arising administrative issues by the departmental bulletin.
The facility shall develop and file with the department of insurance a uniform policy form to be used in connection with all business reinsured by the facility. This form shall be used for all facility business issued or renewed after January 1, 1997. An automobile insurer is not required to make a new offer of coverage on any automobile insurance policy which renews, extends, changes, supersedes or replaces and existing policy of automobile insurance reinsured by the South Carolina Reinsurance Facility after January 1, 1997.
(D) The ceding insurer shall transfer or credit to the facility on any policy of automobile insurance reinsured by the facility the pure loss component of the applicable uniform rate together with the profit and contingency component of such rate. The ceding insurer shall retain as and for its ceding commission its allocated loss adjustment expense component as well as its underwriting and administrative expense components of the applicable uniform rate as specified in the plan of operation of the South Carolina Reinsurance Facility. However, no ceding insurer may include in the agents' commissions component of its underwriting expenses any amount greater than it has actually paid its agent as commission on the reinsured risk.
(E) The governing board shall assign a specific location to each producer designated. The governing board shall determine producers whom the director or his designee the locations assigned by him to those producers whom the director or his designee has designated. Except through the acquisition of an existing designated agency as permitted in paragraph (F) of this section, designated producers may not open or maintain any other locations without the written authorization of the governing board; provided, however, that an applicant maintaining multiple offices on June 4, 1987, is entitled to maintain two locations as a designated agent which he owned and operated at that time and through which premiums in at least the amount of seventy-five thousand dollars were written. The governing board shall terminate the designation, and the director or his designee shall revoke all agent's licenses of any producer who does not comply with this requirement upon demand by the governing board. Upon termination, the producer's expirations on designated business become the property of the facility.
(F) The designation of a producer by the director or his designee of the governing board is transferable to the Reinsurance Facility for purposes of liquidation, or a spouse, child, parent, brother, or sister of the producer upon the designated producer's retirement, incapacity, or death. The duties of a designated producer may be performed by one or more qualified employees of the producer or the producer's corporate agency.
(G) A designated producer may have any direct or indirect connection or contract with any voluntary market outlet for the purpose of writing any type of automobile insurance in this State. Provided that the combined annual amount of net written premiums for private passenger automobile liability insurance coverages in all of the producers voluntary market outlets shall not exceed sixty-five percent of the designated producers total annual amount of net written premiums for private passenger automobile liability insurance coverages. In the event the calculated percentage exceeds sixty-five percent in eighteen months after notification during which time an appropriate reduction in voluntary market writings has not been accomplished the governing board shall terminate the designation of the producer.
(H) Subject to the approval of the governing board, the designation of a producer is transferable to an employee, or other individual having insurance industry experience and meeting the following qualifications. Approval shall be granted upon a finding that all the following qualifications exist:
(1) the transferee has not been terminated as an agent by any insurer because of any illegal breach of any agency agreement or other related, improper, or unethical conduct; and has not had his agent's license revoked or suspended due to any professional misconduct;
(2) the transferee has not been convicted of any crime of moral turpitude; and
(3) the books, records, and accounts of the insurance business of the agency have been audited at the expense of the applicant and found by the governing board to be indicative of a financial sound operation.
(I) No designated producer nor any employee of a designated producer or the producer's corporate agency, nor any partner or shareholder in any related insurance agency, related premium service company, or related other business, may have any direct or indirect connection with, or directly or indirectly through any artifice or device whatsoever hold an ownership interest or exercise management control over more than two agencies or designated agency locations. The governing board shall terminate the designation of any producer, and the director or his designee shall revoke all licenses of the producer and of any other insurance agent and premium service company knowingly involved in such connection. Upon termination, the producer's expirations or designated business become the property of the facility."
SECTION 12. Section 38-77-600 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-77-600. The rate or premium charged by insurers of private passenger automobile insurance must include a facility recoupment charge, which must be added to the appropriate base rate or objective standards rate prescribed in Sections 38-73-455 and 38-73-457. The operating losses of the facility for a twelve-month period must be recouped in the subsequent twelve-month period.
(1) Prior to Before December first of each year, the governing board of the facility shall calculate the recoupment amount, by coverage, by dividing the net facility operating loss, adjusted to reflect prudently incurred expenses, consistent with the provisions of Section 38-73-465, and the time value of money, by mandated coverage for the preceding facility accounting year, by the total number of earned car years in South Carolina, by coverage, for the same period of time. .386 multiplied by the recoupment is to be borne by risks having zero surcharge points under the Uniform Merit Plan promulgated by the department. The remainder of the recoupment (.614 multiplied by the recoupment) represents R in the formula, P(1)X + 2P(2)X + 3P(3)X + 4P(4)X + 5P(5)X + 6P(6)X + 7P(7)X + 8P(8)X + 9P(9)X + 10P(1)+I0X = R. In this formula to be utilized in determining the facility recoupment charge:
(a) P(1) is the percentage of risks which have one surcharge point under the Uniform Merit Rating Plan;
(b) P(2) is the percentage of risks which have two surcharge points under the Uniform Merit Rating Plan;
(c) P(3) is the percentage of risks which are subject to a surcharge of three points under the Uniform Merit Rating Plan;
(d) P(4) is the percentage of risks which are subject to a surcharge of four points under the Uniform Merit Rating Plan;
(e) P(5) is the percentage of risks subject to a surcharge of five points under the Uniform Merit Rating Plan;
(f) P(6) is the percentage of risks subject to a surcharge of six points under the Uniform Merit Rating Plan;
(g) P(7) is the percentage of risks subject to a surcharge of seven points under the Uniform Merit Rating Plan;
(h) P(8) is the percentage of risks subject to a surcharge of eight points under the Uniform Merit Rating Plan;
(i) P(9) is the percentage of risks subject to a surcharge of nine points under the Uniform Merit Rating Plan;
(j) P(1)+I0 or more is the percentage of risks subject to a surcharge of ten or more points under the Uniform Merit Rating Plan;
(k) X is the dollar amount by coverage, to be charged all risks having one surcharge point under the Uniform Merit Rating Plan promulgated by the department. This dollar amount, by coverage, is the facility recoupment charge to be added to the base rate or objective standards rate prescribed in Sections 38-73-455 and 38-73-457 for all risks which have one surcharge point.
(2) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which have one surcharge point under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of one.
(3) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which have two surcharge points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of two.
(4) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of three points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of three.
(5) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of four points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of four.
(6) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of five points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of five.
(7) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of six points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of six.
(8) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of seven points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of seven.
(9) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of eight points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of eight.
(10) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of nine points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of nine.
(11) The facility recoupment charge by coverage to be added to the base rate or objective standards rate for all risks which are subject to a surcharge of ten or more points under the Uniform Merit Rating Plan is calculated by multiplying X by a factor of ten.
(12) In determining the number of surcharge points a risk has for the purposes of this section, no surcharge points assigned under the Uniform Merit Rating Plan because the principal operator of the automobile has not been licensed in any state for at least one year immediately preceding the writing of the risk or as a result of a failure of any motor vehicle equipment requirement may be considered.
(13) This section applies to all private passenger automobile insurance policies issued or renewed after June 30, 1989. However, insurers unable to comply with the provisions of this section and renewal provisions required by law may comply with this section at any time after June 30, 1989, but in no event later than October 1, 1989."
SECTION 13. Section 38-77-620 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-77-620. The facility recoupment charges approved or established pursuant to Section 38-77-610 must be added to the approved base rate and objective standards rate in effect for each automobile insurer. The combined rate or premium charge is effective on July first of each year and the recoupment charges must remain constant until July first of the following year. The base rate and objective standards rate may change in accordance with Section 38-73-457 and the other applicable requirements of this title pertaining to the approval of rates or premium charges. Facility recoupment charges must be considered in accordance with:
(1) Any recoupment charge paid by policyholders must be considered premium for the purpose of calculating premium taxes and commissions and is subject to normal policy cancellation procedures.
(2) Any net operating gains resulting from the operation of the facility must be retained by the facility, and the gains and any investment income derived from the gains must be used to offset future operating losses.
(3) The total funds recouped by all insurers less commission and premium tax expenses and time value of money considerations must be paid to the Reinsurance reinsurance facility in accordance with the plan of operation. The governing board shall redistribute the funds to the insurers based upon each insurer's share of the Reinsurance Facility reinsurance facility losses. Recoupment must be used solely for the purpose of recovering past facility operating deficits. The plan of operation must provide that the amount ultimately received by an individual company is not more than the company's share of the Reinsurance Facility reinsurance facility losses, plus the time value of money.
(4) In the making and approval of rates for small commercial automobile risks, as defined in Section 38-77-30, consideration must be given to the net gains or losses incurred by insurers as a result of participation in the operating results and actual, prudently incurred expenses, respectively, of the facility."
SECTION 14. Section 38-77-910 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 38-77-910. It is an act of unlawful discrimination for an automobile insurer to make any distinction between automobile insurance policyholders or applicants for automobile insurance with respect to coverage, rates, claims, or other services except as the distinctions are provided for in the rating plans for the classification of risks and territories promulgated by the department and the facility rate plans."
SECTION 15. Section 38-77-940 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-77-940. No insurer of automobile insurance shall directly or indirectly by offer or promise of reward or imposition or threat of penalty or through any artifice or device whatsoever, confer any benefit upon any agent or impose any detriment upon any such agent for the purpose of avoiding any class or type of automobile insurance risk which the insurer considers it necessary to reinsure in the facility; nor shall any offer or promise of reward or imposition or threat of penalty in connection with any other line or type of insurance be so tied to automobile insurance as to have a tendency to induce the agent to avoid any such class or type of automobile insurance risk; nor shall any insurer of automobile insurance provide to agents, directly or indirectly, orally or in writing, any listing of classes or types of automobile insurance risks which it considers necessary to reinsure in the Facility; nor shall any insurer of automobile insurance terminate its insurance business with any one agent over the writing of certain classes or types of automobile insurance risks without also pulling out of the entire State or terminating its similar insurance business with all other agents in the State at the same time for a period of time of at least 365 days, except that if the insurer reinstates the agent within thirty days of the determination that the termination was unlawful, then this provision shall not apply; nor shall any insurer of automobile insurance do anything unfair, or unfairly fail to do anything, which has the effect of, or which results in, causing any ceded insurance business to have a detrimental effect on any incentive bonuses paid by the insurer to agents. Any act in violation of this section constitutes an act of unlawful discrimination and unfair competition which, if wilful, shall result in the suspension or revocation of the insurer's certificate of authority for not less than twelve months. Any agreement made in violation of this section shall be void.
Nothing in this section may be considered to preclude or impair agreements between insurers and their agents or some of their agents to pay contingency commissions or a profit-sharing bonus based upon the quality of business; nor shall the insurers, in any manner, use that business placed in the facility when determining the quality bonus; nor may it be considered to preclude an agreement between any agent and an insurer of automobile insurance to exclude from any profit-sharing or contingency arrangement automobile insurance business coming unsolicited to the agent and written by him solely because of the mandate of coverage provided in this chapter.
No insurer of automobile insurance shall cancel its representation by an agent primarily because of the volume of automobile insurance placed with it by the agent on account of the statutory mandate of coverage nor because of the amount of the agent's automobile insurance business which the insurer has considered it necessary to reinsure in the facility."
SECTION 16. Section 38-77-950 of the 1976 Code, as last amended by Act 104 of 1993 and Act 181 of 1993, is further amended to read:
"Section 38-77-950. It is the intent of this chapter that the facility must not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated by the department, nor for the purpose of discriminating against the risks or risks in certain rating territories. The director or his designee shall prohibit unreasonable or excessive utilization of the facility. 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 thirty-five forty 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 total cedeable car-year exposures, including nonowner risk exposures, as stated in the most recent calendar year report of the South Carolina Reinsurance Facility. Effective January 1, 1997, this limitation shall be forty-five percent. Effective January 1, 1998, this limitation shall be fifty percent. Upon the written request of the policyholder, insurance companies doing business in this State shall give written notice to the policyholder informing him whether or not he and a driver under the policy is in the facility. Insurers shall give written notice to the policyholder of a risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e).
Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four months following October 1, 1993 Total cedeable car-year exposures, including nonowner risk exposures as used in this section, do not include such exposures ceded to the facility which do not qualify for the safe driver discount in Section 38-73-760(e)."
SECTION 17. Notwithstanding any other provision of law, recoupment fees for private passenger automobile insurance for the twelve months ending June 30, 1996, shall not exceed the level charged during the twelve-month period ending June 30, 1995; and facility losses unrecouped due to this section shall be recouped evenly during the three-year period beginning July 1, 1996.
SECTION 18. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator SALEEBY explained the amendment.
With Senator SALEEBY retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess until 2:15 P.M.
Debate was interrupted by recess, Senator SALEEBY retaining the floor.
At 1:52 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:15 P.M.
The Senate reassembled at 2:15 P.M. and was called to order by the PRESIDENT.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Alexander Cork Drummond Giese Hayes Lander Leventis Martin McConnell Moore Passailaigue Reese Ryberg Saleeby Short Smith, G. Stilwell Thomas Waldrep
At 2:25 P.M., Senator McCONNELL asked unanimous consent to make a motion that the Senate stand in recess not to exceed ten minutes until a quorum was present.
Senators BRYAN, GREGORY, HOLLAND, J. VERNE SMITH, WILSON and SETZLER recorded their presence subsequent to the Call of the Senate.
At 2:29 P.M., a quorum being present, the Senate resumed.
Senators RANKIN, LAND, ELLIOTT, JACKSON, RICHTER, O'DELL, LEATHERMAN, PEELER, COURTNEY, MESCHER, RUSSELL, MATTHEWS, ROSE, PATTERSON, WASHINGTON, McGILL, GLOVER and FORD recorded their presence subsequent to a quorum being present.
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.
Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 787 -- Senators Rose, Alexander, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS TO THE PEOPLE OF OUR SISTER STATE OF OKLAHOMA THE HEARTFELT SYMPATHY OF THE PEOPLE OF SOUTH CAROLINA OVER THE TRAGIC LOSS OF LIFE AND TO OFFER OUR PRAYERS AND CONDOLENCES.
Returned with concurrence.
Received as information.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; 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 A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT 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 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 18 (BBM\10217JM.95) previously proposed by Senator SALEEBY, which was adopted, as perfected.
Senator SALEEBY spoke on the amendment.
Senator MARTIN argued contra to the adoption of the amendment.
Senator BRYAN spoke on the amendment.
Senator RYBERG proposed the following Amendment No. 18A (628R010.WGR), which was adopted:
Amend the amendment bearing Document No. BBM\10217JM.95 by deleting SECTIONS 10 and 11 in their entirety and renumbering the remaining sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Glover Holland Land Lander McGill Patterson Reese Saleeby Smith, J.V.
NAYS
Alexander Bryan Cork Courtney Drummond Elliott Giese Gregory Hayes Jackson Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Rankin Richter Rose Russell Ryberg Setzler Short Smith, G. Stilwell Thomas Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Amendment No. 18A was adopted.
Senator MOORE spoke on the Bill.
Senator MOORE moved to continue the Bill.
Senator SALEEBY moved to table the motion to continue.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courtney Drummond Elliott Giese Hayes Jackson Land Lander Matthews McConnell McGill Mescher Passailaigue Patterson Rankin Richter Rose Russell Ryberg Saleeby Short Smith, G. Smith, J.V. Stilwell Waldrep Washington
NAYS
Cork Glover Gregory Holland Martin Moore O'Dell Peeler Reese Setzler Thomas Wilson
The motion to continue was laid on the table.
Senators RICHTER, WILSON, RUSSELL, RYBERG and PEELER proposed the following Amendment No. 18B (628R009.LER), which was adopted:
Amend the amendment bearing Document No. BBM\10217JM.95 by adding a new SECTION 18 to read as follows:
/SECTION 18. Section 38-3-10 of the 1976 Code is amended to read:
"Section 38-3-10. (A) Effective July 1, 1995, through June 30, 1996, There there is established a separate and distinct department of this State, known as the Department of Insurance. The department must be managed and operated by a director appointed by the Governor upon the advice and consent of the Senate. The director is subject to removal by the Governor as provided in Section 1-3-240(B). The director shall be selected with special reference to his training, experience, technical knowledge of the insurance industry, and demonstrated administrative ability. The director may appoint or designate the person or persons who shall serve at the pleasure of the director to carry out the objectives or duties of the department as provided by law. Furthermore, the director may bestow upon his designee or deputy director any duty or function required of him by law in managing or supervising the Department of Insurance.
(B) Effective January 1, 1997, the department must be operated under the management and direction of a statewide officer designated as the Commissioner of Insurance. The office must be elected for a four-year term beginning with the 1996 general election. Candidates for the office of Commissioner of Insurance shall file for election and be nominated in accordance with the provisions applicable to the nomination and election of statewide constitutional officers, mutatis mutandis."/
Renumber remaining sections to conform.
Amend title to conform.
Senator RICHTER explained the amendment.
Senator ALEXANDER argued contra to the adoption of the amendment.
Senator ALEXANDER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Courtney Giese Gregory Hayes Jackson Leventis Rankin Saleeby Smith, J.V. Stilwell Thomas Waldrep
NAYS
Bryan Cork Elliott Ford Glover Holland Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Richter Rose Russell Ryberg Setzler Smith, G. Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Courtney Drummond Giese Gregory Hayes Jackson Land Leventis Patterson Reese Saleeby Short Smith, G. Smith, J.V. Stilwell Waldrep
NAYS
Bryan Cork Elliott Ford Glover Lander Leatherman Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Richter Rose Russell Ryberg Setzler Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of Amendment No. 18B.
Amendment No. 18B was adopted.
Senator MATTHEWS asked unanimous consent to take up Amendment No. 18C for immediate consideration.
There was no objection.
Senators MATTHEWS, WASHINGTON, PATTERSON, GLOVER, and FORD proposed the following Amendment No. 18C (JIC\5883HTC.95), which was adopted:
Amend the amendment bearing Document No. BBM\10217JM.95, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 38-77-590 of the 1976 Code, as last amended by Section 823 of Act 181 of 1993, is further amended by adding:
"(i) Notwithstanding any other provisions of this section or of this article, the governing board of the facility shall determine an average volume of business by designated producers using a methodology designed to eliminate from the calculation extremes of low and high volume that would skew the average. Where the designated producers in an area of the State exceed this average volume, the governing board shall add additional otherwise qualified designated producers without regard to the criteria for designation provided in this section. In making these additional designations, the governing board shall survey the representation of minorities among designated producers in each area of the State and where minorities are underrepresented with respect to the population of the area, shall use the designation of these additional producers to make up for the disparity."/
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Amendment No. 18C was adopted.
Senator MARTIN spoke on the Bill.
The question then was the adoption of Amendment No. 18, as perfected.
Senator MARTIN spoke on the amendment.
Senator MARTIN moved to table Amendment No. 18, as perfected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Cork Leatherman Leventis Martin McConnell Moore O'Dell Passailaigue Peeler Setzler Smith, G.
NAYS
Bryan Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Jackson Land Lander Matthews McGill Mescher Patterson Rankin Reese Richter Rose Russell Ryberg Saleeby Short Smith, J.V. Stilwell Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of Amendment No. 18, as perfected.
Amendment No. 18, as perfected, was adopted.
The original Bill was the most balanced package to try to avoid the increase coming in the recoupment rates. Unfortunately, the special interests and conflicting interests have forced the dilution of the Bill. To really cure the ills of the present system, the system needs an overhaul far and beyond this which is not forthcoming today. Thus, we could not vote for a diluted reform Bill which will probably raise the rates.
Senator BRYAN asked unanimous consent to withdraw from consideration Amendment No. 1 (10043JM.95), proposed by Senator BRYAN, previously printed on April 5, 1995, and carried over.
Amendment No. 1 was withdrawn.
Senator ROSE spoke on the Bill.
Senator MARTIN proposed the following Amendment No. 10 (BBM\10067JM.95), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The Joint Insurance Laws Study Committee shall review the system of automobile insurers designated pursuant to Section 38-77-590(a) of the 1976 Code. The committee shall conduct public hearings and receive public comment, as appropriate, and make a recommendation to the General Assembly regarding action which should be taken to abolish the designated agents system in this State in an orderly and appropriate manner. This recommendation must be submitted to the Speaker of the House of Representatives and to the President of the Senate not later than December 1, 1995./
Renumber sections to conform.
Amend title to conform.
At 4:50 P.M., Senator PEELER assumed the Chair.
The amendment was adopted.
Senator HAYES asked unanimous consent to make a motion to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator MARTIN objected.
At 4:55 P.M., the PRESIDENT assumed the Chair.
At 5:00 P.M., Senator MOORE requested a leave of absence for Thursday, April 27, 1995.
Senator LEVENTIS proposed the following Amendment No. 16 (628R004.PPL), which was tabled:
Amend the bill, as and if amended, by striking after all enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 38-77-603(A) of the 1976 Code is amended to read:
"Section 38-77-603. (A)(1) A policy, other than a renewal policy, may be ceded to the South Carolina Reinsurance Facility only when the application is accompanied by either a renewal notice from another insurer or a motor vehicle report (MVR), issued at the point of sale, together with the full premium correctly reflecting the facts shown on the MVR or consistent with the premium quoted in the renewal notice. (2)The insurer must give written notice to all insureds whose policies, including renewal policies, have been or will be ceded to the reinsurance facility including all insureds whose policies were ceded prior to the effective date of this item. The notice required by this section must be mailed to the address on the policy and must state that the policy has been ceded to the reinsurance facility and must explain the effect of the policy being ceded to the facility."/
SECTION 2. This act takes effect thirty days after approval by the Governor.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Courtney Drummond Elliott Giese Gregory Hayes Jackson Land Lander McGill Mescher Patterson Rankin Reese Richter Rose Ryberg Saleeby Short Smith, J.V.
NAYS
Alexander Cork Ford Glover Leventis Martin McConnell Peeler Russell Smith, G. Stilwell Waldrep Wilson
The amendment was laid on the table.
The question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Jackson Land Lander McGill Mescher Patterson Rankin Reese Richter Rose Russell Ryberg Saleeby Short Smith, J.V. Stilwell Washington Wilson
NAYS
Cork Leventis Martin McConnell Moore O'Dell Passailaigue Peeler Smith, G. Waldrep
The Bill was read the second time, passed and ordered to a third reading, with notice of general amendments.
I did not vote on S. 628 because there could be a very remote conflict of interest. I am a principal in a commercial insurance agency. The proposed legislation could technically allow for an expansion of the number of insurance carriers offering to write automobile insurance in the Palmetto State, including some of the carriers my agency represents.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RANKIN spoke on the Bill.
With Senator RANKIN retaining the floor, Senator DRUMMOND moved that the Senate stand adjourned.
Debate was interrupted by adjournment, Senator RANKIN retaining the floor.
MOTION ADOPTED
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned in honor of Senator MOORE's mother, Mrs. Mae (Harrelson) Moore, and conveys its best wishes for a speedy recovery after her surgery.
Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet tomorrow, April 27, 1995, at 10:00 A.M., which motion was adopted.
At 5:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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