Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal God and Father, we stand in respect of Your Name and we pray out of our need. As we pray, give to us a fresh knowledge of Your Companionship that we may be refreshed in spirit, renewed in body, and reinvigorated in mind for this day's work. Even in differences, enable us to work together in concert and live together in harmony. Guide us every minute of this day and bring us in joy at work well done at eventide. Give us the courage to stand up for high ideals lest we become content with low ideas and wonder why good things do not come to pass.

Lead us, Lord, lead us on. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. BARFIELD moved that when the House adjourns, it adjourn in memory of Bob Thompkins of Horry County, which was agreed to.

The following were received and referred to the appropriate committees for consideration.

Document No. 2171
Promulgated By Department of Health and Environmental Control
Statutory Authority 1976 Code Section 44-1-140, 48-1-130 and 44-87-10 et seq.
Standards of Performance for Asbestos Projects
Received By Speaker May 21, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date September 18, 1997
(Subject to Sine Die Revision)

Document No. 2190
Promulgated By Department of Public Safety, Highway Patrol
Statutory Authority 1976 Code Section 23-6-10 et seq.
Window Tinting
Received By Speaker May 21, 1997
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date September 18, 1997
(Subject to Sine Die Revision)

Document No. 2189
Promulgated By Department of Public Safety, Division of Motor Vehicles
Statutory Authority 1976 Code Section 23-6-10, et seq.
Release of Licensing and Registration Information
Received By Speaker May 21, 1997
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date September 18, 1997
(Subject to Sine Die Revision)

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4138 -- Reps. Carnell, Klauber, Parks, Stille, Stoddard, Wilder and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON U. S. HIGHWAY 25 OVER THE SALUDA RIVER IN HONOR OF MR. WILLIAM T. JONES III, DISTINGUISHED ATTORNEY AND SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT FOR THIRTY-TWO YEARS.

Ordered for consideration tomorrow.

The Senate amendments to the following Concurrent Resolution were taken up for consideration.

H. 4151 -- Rep. Cooper: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997.

Rep. WILKINS proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4628AC.97), which was adopted.

Amend the resolution, as and if amended, by striking all after the resolving words and inserting:

/That the House of Representatives and the Senate shall meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, May 21, 1997, at 12:00 noon to elect a successor to the Honorable Dill Blackwell whose term expired on May 10, 1997. In the event other elections also are scheduled for 12:00 noon on this date, this election shall be conducted first./

Amend title to conform.

The Senate amendments, as amended, were then agreed to and the Concurrent Resolution ordered returned to the Senate.

On motion of Rep. KINON, the House non-concurred in the Senate amendments to the following Concurrent Resolution, and a message was ordered sent to the Senate accordingly.

S. 692 -- Senators Courtney, Elliott, Reese, and Hayes: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 28, 1997, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRES AUGUST 31, 1997.

On motion of Rep. BAUER, with unanimous consent, the following was taken up for immediate consideration:

H. 4172 -- Rep. Bauer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL "EAGLES" BOYS WRESTLING TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 22, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996-97 CLASS AA BOYS STATE WRESTLING CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Chapin High School "Eagles" Boys Wrestling Team, coaches, and other school officials on Thursday, May 22, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996-97 Class AA Boys State Wrestling Championship.

The Resolution was adopted.

The following was introduced:

H. 4173 -- Rep. Bauer: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHAPIN HIGH SCHOOL "EAGLES" BOYS WRESTLING TEAM ON WINNING THE 1996-97 CLASS AA STATE WRESTLING CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. WILKES, with unanimous consent, the following was taken up for immediate consideration:

H. 4174 -- Rep. Wilkes: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE RICHARD WINN ACADEMY "EAGLES" FOOTBALL TEAM, COACHES, ASSISTANTS, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 28, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996 CLASS AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Richard Winn Academy "Eagles" Football Team, coaches, assistants, and other school officials on Wednesday, May 28, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996 Class AA South Carolina Independent Schools Association State Football Championship.

The Resolution was adopted.

The following was introduced:

H. 4175 -- Rep. Bowers: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PATRICK HENRY ACADEMY "LADY PATRIOTS" SOFTBALL TEAM FOR AN OUTSTANDING SEASON BY WINNING THE 1997 AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE SOFTBALL CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. BOWERS, with unanimous consent, the following was taken up for immediate consideration:

H. 4176 -- Rep. Bowers: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PATRICK HENRY ACADEMY "LADY PATRIOTS" SOFTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 22, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996-97 AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE SOFTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Patrick Henry Academy "Lady Patriots" Softball Team, coaches, and other school officials on Thursday, May 22, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996-97 AA South Carolina Independent Schools Association State Softball Championship.

The Resolution was adopted.

The following was introduced:

H. 4177 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE RICHARD WINN ACADEMY "EAGLES" FOOTBALL TEAM FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1996 CLASS AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE FOOTBALL CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4178 -- Rep. Bauer: A CONCURRENT RESOLUTION COMMENDING AND EXPRESSING APPRECIATION TO REBECCA M. TENNY FOR TWENTY-SIX YEARS OF OUTSTANDING AND DEDICATED SERVICE AS ASSISTANT PRINCIPAL OF H. E. CORLEY ELEMENTARY SCHOOL AND AS EDUCATOR TO THE STUDENTS OF DISTRICT FIVE OF LEXINGTON AND RICHLAND COUNTIES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4179 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING PLEASANT GROVE BAPTIST CHURCH OF MARION COUNTY ON ITS TWO HUNDRED FIRST FISCAL ANNIVERSARY AND COMMENDING THE CHURCH FOR ITS PERSEVERANCE IN THE FACE OF ADVERSITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4180 -- Reps. Gourdine, H. Brown, Law, Hinson and Dantzler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 45 IN BERKELEY COUNTY "DEWITT WILLIAMS BOULEVARD".

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4181 -- Reps. Neilson, J. Hines and Baxley: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ERSKINE "KINGFISH OF THE PEE DEE" GRIGGS OF DARLINGTON COUNTY ON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM AND HIS WIFE, JOANNE, WELL IN ALL THEIR FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4182 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE PASTORS AND CHURCH MINISTERS IN CLARENDON COUNTY FOR ESTABLISHING THE CLARENDON COUNTY INTERDENOMINATIONAL MINISTERIAL ALLIANCE AND WISHING THEM SUCCESS IN THEIR ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4183 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE KIMBERLY CLARK CORPORATION ON THE ONE HUNDRED TWENTY-FIFTH ANNIVERSARY OF ITS FOUNDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE GENEROUS GRANT FROM THE KIMBERLY CLARK FOUNDATION FOR CONSTRUCTION OF A CHILDREN'S PARK IN BURNETTOWN IN AIKEN COUNTY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 4184 -- Reps. Wilkins, Haskins, Harrison, J. Brown, H. Brown, Townsend, Sharpe and Cato: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 1997, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 17, 1997, AND TO CONTINUE IF NECESSARY UNTIL WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Be it resolved by the House of Representatives, the Senate concurring:

Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 5, 1997, under the following terms and conditions:

(A)     When each house adjourns on Thursday, June 5, 1997, to adjourn not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 17, 1997, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Wednesday, June 18, 1997, for consideration of the following matters:

(1)     a joint session of the General Assembly to be held at 12:00 noon on Tuesday, June 17, 1997, for the purpose of an election to fill judicial positions;

(2)     gubernatorial vetoes;

(3)     consideration and confirmation of appointments;

(4)     ratification of acts;

(5)     local legislation which has the unanimous consent of the affected delegation;

(6)     receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments; and

(7)     resolutions expressing sympathy or congratulations.

(B)     When each house adjourns not later than 5:00 p.m. on Wednesday, June 18, 1997, the General Assembly shall stand adjourned sine die.

(C)     Each house may also provide for local session days during the period between June 5, 1997, and June 17, 1997, for consideration of local legislation which has the unanimous consent of the affected delegation.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4185 -- Rep. Bauer: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS APPRECIATION TO JAMES C. LANE OF H. E. CORLEY ELEMENTARY SCHOOL FOR HIS OUTSTANDING AND DEDICATED SERVICE AS PRINCIPAL OF H. E. CORLEY ELEMENTARY SCHOOL AND AS AN EDUCATOR TO THE STUDENTS OF DISTRICT FIVE OF LEXINGTON AND RICHLAND COUNTIES AS WELL AS THE CHILDREN OF SOUTH CAROLINA AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The Senate sent to the House the following:

S. 771 -- Senators Bryan and J. Verne Smith: A CONCURRENT RESOLUTION TO HONOR AND COMMEND JOE B. MEDLOCK OF LAURENS COUNTY UPON THE OCCASION OF HIS RETIREMENT AS COURT BAILIFF AND AS A MEMBER OF THE LAURENS COUNTY REGISTRATION AND ELECTION COMMISSION AND WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4186 -- Reps. J. Brown and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-959 SO AS TO PROVIDE THAT A COURT ORDER ESTABLISHING PATERNITY MAY BE REVERSED UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 4187 -- Rep. F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-150 SO AS TO REQUIRE SCHOOL DISTRICTS WITH FEWER THAN FIFTY PERCENT OF ITS STUDENTS ACHIEVING THE STANDARD SCORE ON THE BASIC SKILLS ASSESSMENT PROGRAM TO PROVIDE ENRICHMENT AND REMEDIATION PROGRAMS.

Referred to Committee on Education and Public Works.

H. 4188 -- Rep. F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-160 SO AS TO REQUIRE SCHOOL DISTRICTS TO PROVIDE AFTER SCHOOL ENRICHMENT AND REMEDIATION PROGRAMS FOR AT-RISK STUDENTS.

Referred to Committee on Education and Public Works.

H. 4189 -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.

On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4190 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4191 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4192 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 761 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.

Rule 5.12 was waived by a division vote of 28 to 0.

On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The roll call of the House of Representatives was taken resulting as follows.

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Carnell                Cato
Cave                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Howard
Inabinett              Jennings               Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Martin                 Mason
McCraw                 McLeod                 McMahand
McMaster               Meacham                Miller
Mullen                 Neal                   Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

I came in after the roll call and was present for the Session on Wednesday, May 21.

Amos Lee Gourdine                 Ralph W. Canty
Denny W. Neilson                  Alfred B. Robinson, Jr.
Bessie Moody-Lawrence

Announcement was made that Dr. Richard Schmitt of Myrtle Beach is the Doctor of the Day for the General Assembly.

Rep. WILKES presented to the House the Fairfield High School Football Team, winners of the 1996 Region 5 AAA Championship, their coaches and other school officials.

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4156 -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.

H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.

H. 3917 -- Rep. Klauber: A BILL TO AMEND SECTION 33-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS, SHARES AND DISTRIBUTIONS, AND SHARE OPTIONS, SO AS TO ADD PROVISIONS PROVIDING THAT IN THE CASE OF A PUBLIC CORPORATION THE TERMS AND CONDITIONS OF CERTAIN RIGHTS, OPTIONS, OR WARRANTS MAY INCLUDE RESTRICTIONS OR CONDITIONS THAT PRECLUDE OR LIMIT THE EXERCISE, TRANSFER, OR RECEIPT OF THE RIGHTS, OPTIONS, OR WARRANTS BY THE HOLDER OR HOLDERS OR BENEFICIAL OWNER OR OWNERS OF A SPECIFIED NUMBER OR PERCENTAGE OF THE OUTSTANDING VOTING SHARES OF THE PUBLIC CORPORATION.

H. 3966 -- Reps. Trotter, Breeland, Chellis, Meacham, Hinson, Riser, Sandifer, Cooper, F. Smith, Barrett, McMahand, Webb, Stille, Fleming, Robinson, Law, Dantzler, Cato, Leach, Loftis, Kelley, Townsend, Kirsh, Lanford, Edge and Witherspoon: A BILL TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTICE.

H. 3857 -- Rep. Felder: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE SUCH ABUSE AND NEGLECT, TO PROVIDE THE DEPARTMENT WITH THE POWERS PROVIDED FOR INVESTIGATION OF ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, AND TO REMOVE FROM THE OMBUDSMAN IN THE OFFICE OF THE GOVERNOR AND ASSIGN TO THE DEPARTMENT THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT OCCURRING IN HEALTH FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.

H. 3971 -- Reps. Campsen, Woodrum, Young, Klauber, Altman and Harrison: A BILL TO AMEND SECTION 62-1-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO PROVIDE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, AS AMENDED, RELATING TO APPEALS, SO AS TO PROVIDE FOR ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, AS AMENDED, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, AS AMENDED, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201 FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS CONSIDERED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO REALIGN LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, AS AMENDED, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO PROVIDE FOR INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, AS AMENDED, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, AS AMENDED, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO DELETE THE TIME REQUIREMENT FOR FIRST NOTICE AND TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, AS AMENDED, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO PROVIDE FOR THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, AS AMENDED, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT ONLY THE PERSON TO BE PROTECTED BE SERVED PERSONALLY WITH NOTICE AT LEAST TWENTY DAYS BEFORE THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE FOR LIMITED POWERS OF THE CONSERVATOR TO THOSE SET FORTH IN THE SECTION AND TO PROVIDE THAT A CONSERVATOR, WITH COURT APPROVAL, MAY ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP, AND NOT MARRIAGE, END A CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO DELETE THE COURT'S REQUIREMENT OF AN INVENTORY AND A SURETY BOND; TO AMEND SECTION 62-7-705, AS AMENDED, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO PROVIDE FOR RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 303 -- Senators Courtney and Land: A BILL TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF A CONTRACTOR OR SUBCONTRACTOR HAS SO REPRESENTED HIMSELF AND THAT IF THAT EMPLOYER IS UNINSURED, REGARDLESS OF THE NUMBER OF EMPLOYEES THE EMPLOYER HAS, THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, PROJECT OWNER, OR HIS INSURANCE CARRIER SHALL IN THE FIRST INSTANCE PAY ALL AWARDS OF COMPENSATION AND MEDICAL BENEFITS.

S. 40 -- Senators J. Verne Smith, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.

S. 397 -- Senators J. Verne Smith, Fair, Thomas and Bryan: A BILL TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTI-COUNTY INDUSTRIAL AND BUSINESS PARKS, SO AS TO REQUIRE THE PRIOR CONSENT OF A MUNICIPALITY ALL OR A PORTION OF WHICH IS TO BE INCLUDED IN THE PARK.

S. 532 -- Senators Martin, Wilson, J. Verne Smith, Moore, Short, Washington and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 456 -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.

The SPEAKER granted Rep. G. BROWN a temporary leave of absence.

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

S. 634 -- Senators Thomas and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.

Rep. YOUNG explained the Bill.

S. 452 -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR.

Rep. SEITHEL explained the Bill.

H. 4163 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO THE DIVISION OF MOTOR VEHICLES, ADMINISTRATION AND ENFORCEMENT OF THE FINANCIAL RESPONSIBILITY ACT AND LAWS REGARDING MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2182, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STUART explained the Joint Resolution.

H. 4164 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO THE DIVISION OF MOTOR VEHICLES, SPECIAL LICENSE PLATES, PROTECTIVE HELMETS, FACE SHIELDS AND WINDSCREEN, AND REQUIRED STOPS AT RAILROAD CROSSINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2183, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STUART explained the Joint Resolution.

The following Bill was taken up.

H. 3792 -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.

Reps. SPEARMAN, KOON, CARNELL, MOODY-LAWRENCE, KENNEDY, STUART, RODGERS, KELLEY, LOFTIS and STODDARD requested debate on the Bill.

The following Bill was taken up.

H. 4082 -- Reps. Easterday, Altman, Limbaugh, Robinson, G. Brown, Campsen, Wilder, Bauer, Limehouse, Haskins, Maddox, Kelley, Knotts, Rice, Walker, Sharpe, Loftis, Sandifer, Davenport, Hinson, Simrill, Rodgers, Woodrum, J. Smith, Hamilton, Beck, R. Smith, Seithel, Allison, Wilkins, McCraw, Leach, Harrell, Klauber, Riser, Barrett, Mullen, Young, Law, Webb, D. Smith, H. Brown, Harrison, Dantzler, Littlejohn, Keegan, Kinon, Phillips, Witherspoon, T. Brown, Townsend, Vaughn, McMahand, Meacham, Kirsh, Whatley, Boan, McLeod, Breeland, Jennings, Cato, Hawkins, Miller, Battle, Stoddard, F. Smith, Mack, Stille, Barfield, Howard, Hodges, Lanford, Jordan, Harvin and Felder: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-380 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1276MM.97), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     The 1976 Code is amended by adding:

"Section 58-3-230.     (A)     An entity may not change or initiate a change in a customer's utility provider, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, without the customer's authorization.

(B)     An entity which violates subsection (A) is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change.

(C)     An entity which wilfully or knowingly changes, without authority, or initiates an unauthorized change of a customer's utility provider is subject to a fine of not less than one hundred dollars and not more than one thousand dollars for each violation. The fines shall remain with the commission."

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. MEACHAM explained the amendment.

The amendment was then adopted.

Rep. BOWERS proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1305SD.97), which was ruled out of order.

Amend the bill, as and if amended, in Section 58-3-230(A) of the 1976 Code, as contained in SECTION 1, by adding immediately after /authorization/ on the last line of subsection (A) the following:

/, except that such changes necessary to allow the Public Service Commission to require countywide toll free calling to be provided by all telephone utilities operating within a county by December 31, 1997, where two or more telephone utilities operate in the same county are authorized. As a result of the protection afforded telephone utilities pursuant to this section, the commission shall require telephone utilities to enter into negotiations to provide for countywide toll free calling throughout their agreement within a time frame consistent with the requirements of this section, the commission shall impose its own countywide toll free calling plan /

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOWERS explained the amendment.

Rep. LIMBAUGH raised a Point of Order that Amendment No. 2 was not germane to the Bill.

Rep. BOWERS argued contra.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. BOWERS proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\1306SD.97), which was ruled out of order.

Amend the bill, as and if amended, in Section 58-3-230 of the 1976 Code, by inserting a new subsection to be appropriately numbered, which shall read:

/( )     Notwithstanding the above provisions of this section, telephone utilities must provide local internet access numbers at the request of any of its customers./

Renumber sections to conform.

Amend title to conform.

Rep. CATO raised a Point of Order that Amendment No. 3 was not germane to the Bill.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

H. 3690 -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-640 SO AS TO PROVIDE THAT CANINES CERTIFIED TO WORK WITH LAW ENFORCEMENT OFFICERS OR FIRE SERVICE PERSONNEL FOR THE PURPOSE OF FIRE INVESTIGATIONS, TRAINING, OR OTHER RELATED MATTERS MUST BE PERMITTED TO STAY OVERNIGHT WITH THESE OFFICIALS WHEN THEY ARE STAYING IN A PLACE OF PUBLIC ACCOMMODATIONS ON OFFICIAL BUSINESS AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 4 (Doc Name P:\AMEND\PT\1307MM.97), which was ruled out of order.

Amend the bill, as and if amended, at SECTION 1, by adding an appropriately numbered subsection to Section 47-3-640 to read:

/( )     A person who offers to the public a place of public accommodations to stay overnight in exchange for compensation shall offer and conspicuously designate hypoallergenic or nonallergenic rooms

Renumber sections to conform.

Amend title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. KLAUBER raised a Point of Order that Amendment No. 4 was not germane to the Bill.

Rep. MOODY-LAWRENCE argued contra.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. MOODY-LAWRENCE, KLAUBER, HASKINS, SCOTT, ASKINS, WALKER, HARRELL, F. SMITH, R. SMITH, HAWKINS, T. BROWN, BREELAND, KEEGAN, YOUNG, WITHERSPOON, MASON, CLYBURN, LLOYD, PINCKNEY, PARKS and KNOTTS requested debate on the Bill.

The following Bill was taken up.

H. 3424 -- Reps. Breeland, Simrill, Felder, F. Smith, Spearman, Limehouse, Woodrum, Seithel, Sharpe, Cobb-Hunter, T. Brown, Young, Whipper, Law, Allison, Littlejohn, Webb, Altman, Howard, Bailey, Harrell, Scott, Mullen, Neal, Whatley, Lee, Gourdine, Byrd, Trotter, Mack, M. Hines, Kelley, Parks, McMahand, Stuart, Rodgers, Cave, Campsen, Phillips, Battle, Jordan, Lanford, Davenport, J. Brown, Cooper, Moody-Lawrence and Edge: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PARTICIPATING IN INTERSCHOLASTIC ACTIVITIES BY STUDENTS IN GRADES NINE THROUGH TWELVE, SO AS TO REQUIRE STUDENTS TO HAVE AN OVERALL "C" AVERAGE IN THE PRECEDING SEMESTER AND HAVE PASSED AT LEAST FOUR ACADEMIC COURSES INCLUDING EACH UNIT TAKEN WHICH IS REQUIRED FOR GRADUATION, AND TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE ACADEMIC ASSISTANCE FOR THOSE STUDENTS WHO DESIRE TO PARTICIPATE BUT WHO HAVE NOT MAINTAINED A "C" AVERAGE IN THE PRECEDING SEMESTER.

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 4165 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, WRECKER SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2184, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STUART explained the Joint Resolution.

Rep. COTTY made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 4166 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO STATE TRANSPORT POLICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2185, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SPEARMAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

The SPEAKER granted Rep. WILKES a temporary leave of absence.

Reps. McMAHAND and F. SMITH withdrew their requests for debate on the following Bill.

S. 29 -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.

Rep. INABINETT withdrew his request for debate on H. 3274; however, other requests for debate remained upon the Bill.

Reps. NEAL, SCOTT, MOODY-LAWRENCE, M. HINES and GOURDINE withdrew their requests for debate on the following Bill.

S. 458 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD NEW DEFINITIONS; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO PREMIUM RATES AND RATING FACTORS FOR HEALTH INSURANCE PLANS AND THE PROHIBITION OF INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO USE AN INDEX RATE VERSUS AN ACTUARIAL BASE RATE AS A MEASURE OF THE "AVERAGE RATE", TO STRENGTHEN ACTUARIAL CERTIFICATION REQUIREMENTS, TO ALLOW RATE VARIATION FROM THE INDEX RATE, TO LIMIT THE INDEX RATE VARIATION FOR A CLASS OF BUSINESS, TO CHANGE THE PROVISIONS FOR PREMIUM RATE INCREASES TO ALLOW AN ANNUAL ADJUSTMENT DUE TO CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE, TO ADD GROUP SIZE AS A CASE CHARACTERISTIC AND DELETE IT AS MEANS OF CREATING A CLASS OF NEW BUSINESS; AND TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO DISCLOSURE TO SMALL EMPLOYERS IN SOLICITATION AND SALES MATERIAL FOR HEALTH INSURANCE, SO AS TO EXPAND INFORMATION REQUIRED TO BE DISCLOSED.

Rep. TRIPP withdrew his request for debate on H. 3652; however, other requests for debate remained on the Bill.

Reps. SCOTT, INABINETT and MOODY-LAWRENCE withdrew their requests for debate on the following Bill.

S. 29 -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.

The motion of Rep. KELLEY to reconsider the vote whereby the following Bill was given a second reading was taken up.

S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.

Rep. KELLEY moved to table the motion, which was agreed to.

On motion of Rep. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 641 -- Senators Holland and Bryan: A BILL TO AMEND SECTION 62-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO GIVE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, RELATING TO APPEALS, SO AS TO ADD A PROVISION ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201(24) FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS DEEMED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO DELETE LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE FROM SUBSECTION (7), AND TO ADD THIS LANGUAGE TO SUBSECTION (8) WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO ALLOW INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO ALLOW THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT THE PERSON TO BE PROTECTED BE PERSONALLY SERVED WITH NOTICE AT LEAST TWENTY DAYS PRIOR TO THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE THAT A CONSERVATOR MAY, WITH COURT APPROVAL, ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT MARRIAGE DOES NOT END A CONSERVATORSHIP, BUT RATHER ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO REPEAL SUBSECTION (D); TO AMEND SECTION 62-7-705, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO ALLOW RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Horry Delegation.

H. 4101 -- Reps. Edge, Kelley, Keegan, Witherspoon and Barfield: A BILL TO AMEND ACT 287 OF 1989, RELATING TO THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT BEGINNING IN 1998, THE CHAIRMAN OF THE BOARD SHALL CONSTITUTE A TWELFTH SEPARATE SEAT ON THE BOARD, AND THE CHAIRMAN SHALL BE ELECTED BY THE QUALIFIED ELECTORS OF THE COUNTY AT LARGE.

Rep. KLAUBER asked unanimous consent to recall S. 281 from the Committee on Judiciary.

Rep. MOODY-LAWRENCE objected.

The Senate amendments to the following Bill were taken up for consideration.

H. 3317 -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.

The motion period was dispensed with on motion of Rep. EASTERDAY.

Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered.

S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.

Reps. SEITHEL, CATO, TRIPP and MASON proposed the following Amendment No. 15 (Doc Name P:\AMEND\BBM\9493AC.97), which was adopted.

Amend the bill, as and if amended, Section 38-77-530, as contained in SECTION 17, page 254-28, by striking line 14 and inserting:

/of the applicable premium charge for liability insurance coverage. In the recoupment of the facility assessments or losses annually, insurance carriers offering automobile insurance coverage in the State shall no longer include, and must remove, the preceding surcharge for the recoupment of facility assessments as any portion of the premium charged for automobile insurance coverage at the next policy renewal. Upon the final recoupment of facility losses when the South Carolina Reinsurance Facility ceases to exist, no insurance carrier offering automobile insurance coverage in the State shall include any surcharge for the recoupment of facility assessments or losses as any portion of the premium charged for automobile insurance coverage and these insurance carriers must remove this surcharge at the next policy renewal thereby reducing automobile insurance premiums in the amount of the surcharge percentage of premium./

Amend title to conform.

Rep. SEITHEL explained the amendment.

The amendment was then adopted.

Rep. BAXLEY proposed the following Amendment No. 16 (Doc Name P:\AMEND\BBM\9492AC.97), which was tabled.

Amend the report, as and if amended, as and if amended, Section 38-77-143, as contained in SECTION 11, by striking /or/ on line 24 of page 254-24 and inserting /and/, and by striking /or/ on line 31 of the same page and inserting /and/.

Amend title to conform.

Rep. BAXLEY moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 17 (Doc Name P:\AMEND\GJK\20767AC.97), which was tabled.

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION     ____.     The 1976 Code is amended by adding:

"Section 38-77-146.     (A)     As of July 1, 1998, a company offering motor vehicle liability insurance in this State also shall offer to its policyholders two forms of 'no-fault' personal injury protection insurance coverage providing for the recovery by the insured and by those in the insured's automobile of bona fide medical expenses and bona fide lost wages or income resulting from an accident, regardless of the fault or no-fault of the insured or authorized driver.

(B)     As to each form of personal injury protection, the coverage must be offered and rated and premium set in five thousand dollar increments up to fifty thousand dollars for one person or one hundred thousand dollars for all lawfully involved and covered.

(C)     As to each, the coverage must be offered, rated, and premiums set for both subrogated and nonsubrogated forms of this coverage, both for the policyholder and for others lawfully involved.

(D)     The right of rejection or selection in whole or in increments must be the choice of the policyholder.

(E)     By January 1, 1998, the Department of Insurance shall promulgate regulations pursuant to the Administrative Procedures Act as may be necessary to carry out this section and shall monitor and approve the overall reasonableness of the rates set."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

Rep. CATO spoke against the amendment and moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Beck                   Boan                   Brown, J.
Cato                   Chellis                Cromer
Delleney               Easterday              Edge
Felder                 Gamble                 Hamilton
Harrison               Harvin                 Hawkins
Hodges                 Jordan                 Keegan
Kirsh                  Koon                   Law
Leach                  Lee                    Limbaugh
Littlejohn             Lloyd                  Martin
Mason                  McCraw                 McLeod
McMahand               McMaster               Mullen
Parks                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Those who voted in the negative are:

Altman                 Askins                 Baxley
Brown, T.              Campsen                Cave
Clyburn                Cotty                  Davenport
Fleming                Gourdine               Govan
Harrell                Haskins                Hines, J.
Hines, M.              Jennings               Kinon
Klauber                Knotts                 Lanford
Limehouse              Mack                   Maddox
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Pinckney
Scott                  Simrill                Smith, F.
Whatley                Whipper                Young

So, the amendment was tabled.

Reps. KNOTTS, RHOAD, STILLE, TROTTER, GOVAN, LLOYD, FLEMING, DAVENPORT, WHATLEY, MILLER and WHIPPER proposed the following Amendment No. 18 (Doc Name P:\AMEND\GJK\20769DW.97), which was ruled out of order.

Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     ____.     Notwithstanding any other provision of law, beginning with the general election of 1998, the Director of the Department of Insurance must be elected by the qualified electors of this State for a term of four years. He may succeed himself in office. His term begins at noon on the first Wednesday following the second Tuesday in January next after his election and ends on noon on the first Wednesday following the second Tuesday in January four years later. He shall receive an annual salary as provided by law./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Rep. KIRSH raised a Point of Order that Amendment No. 18 was not germane to the Bill.

Rep. KNOTTS argued contra.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. KOON, KNOTTS, RHOAD, RICE and BARFIELD proposed the following Amendment No. 19 (Doc Name P:\AMEND\DKA\4630MM.97), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     An insured driver in the State of South Carolina is not entitled to seek compensation or other monetary awards in a court of law for damages arising out of an automobile accident in an amount exceeding his policy coverage./

Renumber sections to conform.

Amend title to conform.

Rep. KOON explained the amendment.

Rep. FELDER raised a Point of Order that Amendment No. 19 was not germane to the Bill.

Rep. KOON argued contra.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. KOON, KNOTTS, RHOAD, RICE and BARFIELD proposed the following Amendment No. 20 (Doc Name P:\AMEND\DKA\4629MM.97), which was ruled out of order.

Amend the bill, as and if amended, Section 56-10-510, SECTION 2, page 11, line 28, by adding a new sentence at the end to read:

/Provided, however, that an uninsured driver who pays the five hundred dollars fee described in this section or a driver who is uninsured because he has allowed his policy to lapse is not entitled to pursue compensation or other monetary awards in a court of law for damages arising out of an automobile accident./

Renumber sections to conform.

Amend title to conform.

Rep. KOON explained the amendment.

Rep. HASKINS raised a Point of Order that Amendment No. 20 was not germane to the Bill.

Rep. KOON argued contra.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. KNOTTS moved to table the Bill and demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Those who voted in the negative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, H.              Brown, T.              Byrd
Campsen                Cato                   Cave
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Mack                   Maddox
Martin                 McCraw                 McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Parks
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Tripp
Trotter                Webb                   Whatley
Whipper                Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

So, the House refused to table the Bill.

Reps. JENNINGS, COBB-HUNTER and J. SMITH proposed the following Amendment No. 21 (Doc Name P:\AMEND\BBM\9455JM.97), which was tabled.

Amend the bill, as and if amended, by striking SECTION 6, as contained on lines 9 through 41 of page 254-9 and lines 1 through 13 of page 254-10, and inserting:

/SECTION     6.     Section 38-77-10 of the 1976 Code, as last amended by Act 326 of 1996, 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 to provide:

(1)     To provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to bodily injury liability and property damage liability 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 classification of risk and territory under the applicable risk and territorial classification plan promulgated by the department filed with and approved by the director of the Department of Insurance or his designee so long as all these applicants or insureds have satisfied the same objective standards as established in Sections Section 38-77-280 and 38-73-455 38-77-15;

(2)     To provide a Reinsurance Facility for bodily injury liability and property damage liability automobile insurers in which all automobile insurers which provide bodily injury liability insurance, property damage liability insurance, or both, 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 bodily injury liability and property damage liability automobile insurance business in this State giving appropriate consideration to degrees of utilization of the facility by the several insurers of bodily injury liability and property damage liability automobile insurance and to provide prohibitions or penalties in respect to excessive utilization of the facility. for an assigned risk plan, known as the South Carolina Automobile Insurance Plan, for every person who is legally entitled to automobile insurance but has not been able to obtain a motor vehicle liability policy to apply to the director of the Department of Insurance to have his risk assigned to an insurance carrier licensed to write and writing motor vehicle liability insurance in the State who shall issue a motor vehicle liability policy which will meet at least the minimum requirements for establishing financial responsibility in this chapter;

(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. Of the coverages as provided in this chapter; and

(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."/

Amend further, by adding the following appropriately numbered SECTION:

/SECTION     _____.     The 1976 Code is amended by adding:

"Section 38-77-15.     Notwithstanding Section 38-77-110, no automobile insurer is required to write or renew coverage for automobile insurance as defined in Section 38-77-30 for an applicant or existing policyholder if one of the conditions or factors in items (1) through (8) is present.

The named insured or an 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 a continuation thereof through material misrepresentations within the preceding thirty-six months;

(2)     has had convictions for driving violations on three or more separate occasions within thirty-six months immediately preceding the effective date of coverage as reflected by the Department of Public Safety; 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 a person in excess of six hundred dollars a person, death, or damage to the property of the insured or other person in excess of one thousand dollars. These thresholds must be adjusted periodically by regulation of the director of the Department of Insurance upon changes in the Consumer Price Index. Accidents occurring under the circumstances enumerated below are not considered chargeable if:

(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 violation and the applicant or other operator was not convicted of a moving traffic violation in connection with the accident;

(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 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; or

(h)     accidents occurring as a result of the operation of an automobile in response to an emergency if the operator at the time was responding to a call of duty as a paid or volunteer member of a police or fire department, first aid squad, or a law enforcement agency. This exception does not include an accident occurring after the private passenger motor vehicle ceases to be used in response to the emergency;

(4)     has had one or more 'chargeable' accidents 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 Department of Public Safety; 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)     a felony involving the use of a motor vehicle;

(b)     criminal negligency 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 through impersonation, whether for himself or another;

(j)     filing 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;

(7)     has for thirty or more consecutive day during the twelve months preceding the effective date of coverage owned or operated the vehicle 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."/

Amend further, by striking SECTION 9, as contained on lines 4 through 34 of page 254-16, and inserting:

/SECTION     9.     Section 38-77-112 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:

"Section 38-77-112.     Notwithstanding Sections Section 38-77-110, 38-77-920, and 38-77-280, no automobile insurer is required to write coverage for automobile insurance as defined in Section 38-77-30 for any applicant or existing policyholder who does not at the time of application or renewal possess a valid South Carolina motor vehicle or special restricted driver's license. At the time of application, an insurer or an agent shall retain, for a period of three years, the driver's license numbers for all persons who have completed and submitted an application for insurance but who were refused coverage and shall furnish such information upon the request of the director of the Department of Insurance or his designee. This section does not apply to an individual who is handicapped and who owns a vehicle in this State but who does not have a valid driver's license. If an automobile is principally garaged and operated in this State, the owner of the vehicle must can be offered coverage thereon regardless of whether or not he possesses a valid South Carolina driver's license if he designates to the insurer who the principal operator of the vehicle will be and this person has a valid South Carolina driver's license or otherwise meets the requirements of this section. This requirement does not apply to personnel of the Armed Forces of the United States on active duty and officially stationed in this State who possess a valid motor vehicle driver's license issued by another state or territory of the United States or the District of Columbia. This requirement is waived ninety days for individuals who move into South Carolina with the intent of making South Carolina their place of residence if they possess a valid driver's license issued by another state or territory of the United States or the District of Columbia."/

Amend further, SECTION 27, page 254-40, line 36, by striking /38-77-110,/ and on line 37 by striking /38-77-115,/.

Amend further, SECTION 11, by striking Section 38-77-121, as contained on lines 2 through 27 of page 254-18, and by striking Section 38-77-123, as contained on lines 10 through 42 on page 254-19 and lines 1 through 41 on page 254-20 and lines 1 through 40 on page 254-21.

Amend further, SECTION 11, by striking Section 38-77-122, as contained on lines 28 through 42 of page 254-18 and lines 1 through 9 of page 254-19, and inserting:

/"Section 38-77-122.     An insurer may set rates in accordance with relevant actuarial date, except that no insurer may set rates based in whole or in part on race, color, creed, national origin, ancestry, economic status, income level, or place of residence at any level smaller than a county."/

Amend further, by adding the following appropriately numbered SECTION:

/SECTION     _____.     Section 38-77-110 of the 1976 Code, as last amended by Act 326 of 1996, is further amended to read:

"Section 38-77-110.     (A)     Automobile insurers other than insurers designated and approved as specialized insurers by the director or his designee may not refuse to write or renew automobile insurance policies for bodily injury liability and property damage liability coverage for individual private passenger automobiles or small commercial risks. These policies may not be canceled except for reasons which had they existed or been known when the policy was written would have rendered the risk not an insurable risk. Every automobile insurance risk constitutes an insurable risk unless the operator's permit of the named insured has been revoked or suspended and is at the time of application for insurance so revoked or suspended. However, no insurer is required to write or renew automobile insurance on any risk if there exists a valid and enforceable outstanding judgment secured by an insurer, an agent, or licensed premium service company on account of automobile insurance premiums which the applicant or insured or any principal operator who is a member of the named insured's household has failed or refused to pay unless the applicant or insured pays in advance the entire premium for the full term of the policy sought to be issued or renewed or the annual premium, whichever is the lesser. An insurer is not precluded from effecting cancellation of an automobile insurance policy, either upon its own initiative or at the instance of an agent or licensed premium service company, because of the failure of any named insured or principal operator to pay when due any automobile insurance premium or any installment payment. However, notice of cancellation for nonpayment of premium notifies the person to whom the notice is addressed that the notice is void and ineffective if payment of the full amount of the premium or premium indebtedness, whichever is the greater, is made to the insurer, agent, or licensed premium service company named in the notice by the otherwise effective date of cancellation. This notice of cancellation is not considered ineffective for being conditional, ambiguous, or indefinite.

(B)     Notwithstanding subsection (A) of this section, no insurer is required to write private passenger automobile insurance with higher limits of coverage than:

(1)     two hundred fifty thousand dollars, for bodily injury liability to one person in one accident,

(2)     subject to the limit for one person, five hundred thousand dollars because of bodily injury to two or more persons in one accident,

(3)     fifty thousand dollars because of injury to or destruction of property of others in any one accident,

(4)     five hundred thousand dollars combined single limits for either or both bodily injury and property damage, if any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, has one or more of the conditions or factors prescribed in Section 38-73-455(A) existing and if an insurer, at its option, writes such a policy, the policy may not be ceded to the Reinsurance Facility.

(C)     With regard to any coverage not required to be written by an insurer under the mandate to write, no insurer may refuse to write such policy, coverage, or endorsement of automobile insurance because of the race, color, creed, religion, national origin, or ancestry, location of residence in this State, economic status, or income level of anyone who seeks to become insured.

(D)     Except as provided in this section and as is specifically provided for otherwise by law, no automobile insurer may refuse acceptance of bodily injury liability and property damage liability automobile insurance for an insurable risk from an applicant nor require that certain classes or types of risk be placed through a particular agent or employee. This section is not intended to preclude an insurer from recognizing and giving effect to the property rights of agents in expirations or renewals.

(E)     No agent who represents more than one insurer of bodily injury liability and property damage liability insurance may refuse to accept in behalf of an insurer represented by him bodily injury liability and property damage liability insurance for an insurable risk where the applicant for insurance designates by name or description the insurer of his choice. If the applicant relies upon the skill and judgement of the agent to place the risk in an insurer which he considers appropriate. No insurer may agree, collude, or conspire with an agent or give, offer, or promise an agent anything of value to place any risk or any class or type of risk under such circumstances in another insurer. Every such agreement is utterly void and every act of collusion or conspiracy constitutes an act of unfair competition by both the insurer and the agent which, if proved, must result in the suspension of the license of each for not less than one year, in addition to any other penalties or liabilities applicable.

(F)     No automobile insurer authorized to transact bodily injury liability and property damage liability insurance in this State which offers bodily injury liability and property damage liability insurance through the mails or uses the mails in transacting bodily injury liability and property damages liability insurance on insurable risks situate in this State may restrict its mailings or offerings to certain counties, areas, or zip code territories of this State. The director or his designee is directed to examine an insurer's records at a time the director or his designee considers it necessary to determine that the insurer is not so restricting or limiting its offerings.

(G)     An insurer, its agent, or an insurance broker doing business in this State may not make or permit any discrimination in favor of individuals between insureds of the same class and risk involving the same hazards in the amount of the payment of premiums or rates charged for policies of insurance except as provided in Section 38-57-140, 38-65-310, and 38-71-1110, in the dividends or other benefits payable, or in any other of the terms and conditions of the contracts it makes. An insurer, it agent, or an insurance broker may not make a contract of insurance or agreement as to a contract other than as plainly expressed in the policy issued. An insurer or its officer, agent, solicitor, or representative or an insurance broker may not pay, allow, or give or offer to pay, allow, or give, directly or indirectly, as inducement to the taking of insurance any special favor or advantage in the dividends or other benefits to accrue from the policy, any paid employment or contract for services of any kind, or any valuable consideration or inducement not specified in the policy contract of insurance, or give, sell, or purchase or offer to give, sell, or purchase, as inducement to the taking of insurance of in connection therewith, any stocks, bonds, or other securities of an insurer or other corporation, association, or partnership, any dividends or profits to accrue from them, or anything of value not specified in the policy."/

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS moved to table the amendment, which was agreed to.

Rep. LITTLEJOHN proposed the following Amendment No. 23 (Doc Name P:\AMEND\GJK\20770DW.97), which was tabled.

Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, page 254-17, line 40, by inserting after /facility./ /No insurer may cede more than eight percent of the policies it writes to the reinsurance facility until the facility is phased out./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. CATO spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 59 to 35.

Reps. KNOTTS, BAUER, STUART, LOFTIS, FLEMING, KOON, BOWERS, HAMILTON, MACK, DAVENPORT, LEACH and VAUGHN proposed the following Amendment No. 24 (Doc Name P:\AMEND\BBM\9494AC.97), which was ruled out of order.

Amend the report, as and if amended, on page 254-2, line 4 after the /./ by inserting:

/However, a person who pays this fee waives the right to bring an action for actual or punitive damages, or both./

Amend title to conform.

Rep. KNOTTS explained the amendment.

Rep. KNOTTS raised a Point of Order that Amendment No. 24 was not germane to the Bill.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. FLEMING proposed the following Amendment No. 25 (Doc Name P:\AMEND\DKA\4635DW.97), which was tabled.

Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, Section 38-77-120(a), SECTION 10, page 254-16, by striking line 39 and inserting: / automobile insurance is effective unless the insurer delivers or mails, by certified mail, return receipt requested,/.

Amend title to conform.

Rep. FLEMING explained the amendment.

Rep. CATO moved to table the amendment.

Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Barfield               Barrett                Battle
Beck                   Boan                   Breeland
Brown, H.              Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Easterday              Edge                   Felder
Gamble                 Harrell                Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Keegan                 Kinon                  Kirsh
Klauber                Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Mack                   Mason                  McCraw
McLeod                 McMahand               McMaster
Parks                  Phillips               Quinn
Rhoad                  Riser                  Rodgers
Scott                  Seithel                Sharpe
Sheheen                Smith, F.              Smith, R.
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilkins                Witherspoon
Young-Brickell

Those who voted in the negative are:

Altman                 Bauer                  Baxley
Bowers                 Brown, T.              Davenport
Delleney               Fleming                Hamilton
Howard                 Jennings               Knotts
Koon                   Maddox                 Martin
Meacham                Moody-Lawrence         Mullen
Neal                   Neilson                Pinckney
Rice                   Robinson               Simrill
Smith, D.              Spearman               Stille
Stoddard               Stuart                 Townsend
Wilder                 Woodrum                Young

So, the amendment was tabled.

Rep. FLEMING proposed the following Amendment No. 26 (Doc Name P:\AMEND\DKA\4634DW.97), which was adopted.

Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, Section 56-10-553(C), SECTION 2, page 254-6, line 15, by striking /fifteen/ and inserting / thirty /.

Amend title to conform.

Rep. FLEMING explained the amendment.

The amendment was then adopted.

Rep. FLEMING proposed the following Amendment No. 27 (Doc Name P:\AMEND\DKA\4633DW.97), which was tabled.

Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by deleting subsection (C) in its entirety of Section 56-10-553, SECTION 2, page 254-6, beginning on line 8.

Reletter subsections to conform.

Amend title to conform.

Rep. FLEMING explained the amendment and moved to table the amendment, which was agreed to.

Rep. FLEMING proposed the following Amendment No. 28 (Doc Name P:\AMEND\DKA\4632DW.97), which was adopted.

Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, Section 56-10-551, SECTION 2, page 254-5, line 28, by striking /thirty/ and inserting / fifteen /.

Amend title to conform.

Rep. FLEMING explained the amendment.

The amendment was then adopted by a division vote of 72 to 18.

Reps. SEITHEL and KIRSH proposed the following Amendment No. 7 (Doc Name P:\AMEND\KGH\15192SD.97), which was tabled.

Amend the bill, as and if amended, Section 38-77-122 of the 1976 Code as contained in SECTION 11, by adding after the first sentence of subsection (B) the following:

/"There shall be no liability on the part of and no cause of action of any nature shall arise against any agent or his employees if such agent has complied with the rules, procedures, or guidelines established by an insurer to maintain compliance with this section."/

Renumber sections to conform.

Amend title to conform.

Rep. SEITHEL explained the amendment.

Rep. KNOTTS raised a Point of Order that Amendment No. 7 was not germane to the Bill in that it constituted tort reform and did not relate to the insurance industry.

Rep. SEITHEL argued contra and stated that the amendment related to language in the Bill concerning discriminatory actions by agents and subjecting them to fines.

Rep. BAXLEY argued that the amendment was affecting the civil liability of an agent which had nothing to do with the Bill's purpose of abolishing recoupment fees and setting procedures. He further argued that the amendment was beyond the Bill's scope.

Rep. HASKINS argued that the amendment was germane. He stated that the amendment set forth the rules under which the Bill's provisions were to be enforced. He further stated that subsection B of the Bill, like the amendment, discussed penalties for the insurer or agent who violates the provisions in the Bill. He further stated that the amendment modified those penalties and stated whether they were to be civil or criminal penalties.

Rep. BAXLEY argued that the amendment was not germane. He cited Mason's Manual, Section 402, and stated that no independent or new question can be admitted under cover of amendment. He further stated that the amendment dealt with liability and introduced a new question under cover of amendment.

SPEAKER WILKINS stated that the Point of Order was a close question. He stated that the amendment related directly to a specific section in the Bill and that section's subject matter, and he overruled the Point of Order.

Rep. SEITHEL continued speaking.

Rep. CATO moved to table the amendment, which was agreed to.

Reps. CATO, BAILEY, SCOTT, KNOTTS, CANTY, CHELLIS, DANTZLER, GAMBLE, KIRSH, LAW, LEE, LIMEHOUSE, MASON, MEACHAM, SANDIFER, SEITHEL, TRIPP, TROTTER and JENNINGS proposed the following Amendment No. 13 (Doc Name P:\AMEND\BBM\9485JM.97), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3 in their entirety and inserting:

/SECTION     1.     Section 38-73-470 of the 1976 Code, as last amended by Section 783 of Act 181 of 1993, is further amended to read:

"Section 38-73-470.     One dollar of the yearly premium for uninsured motorist coverage must be transferred is directed to be paid to the South Carolina Department of Public Safety to be placed on deposit with the State Treasurer in the 'Uninsured Enforcement Fund', payable on a quarterly basis, to provide funds for the costs of enforcing and administering the provisions of Article 3, Chapter 10, Title 56. Interest earned by the 'Uninsured Enforcement Fund' must be retained by that fund."/

Amend further, by striking Sections 38-77-151, 38-77-154, 38-77-155, as contained in SECTION 11, in their entirety.

Amend further, by adding an appropriately number SECTION to read:

/SECTION ___.     The 1976 Code of Laws is amended by adding:

"Section 56-10-310.     (A)     All funds collected as provided in Section 38-73-470 must be directed to the Director of the Department of Public Safety for the establishment and maintenance of a special fund, to be known as the 'Uninsured Enforcement Fund', to be used by the Department of Public Safety for the purpose of enforcement and administration of Article 3, Chapter 10, Title 56.

(B)     The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who paid the penalty or reinstatement fee for operating an uninsured motor vehicle after being detected by, or reported to, the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, and the net funds available in the Uninsured Enforcement Fund.

(C)     The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.

(D)     The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.

(E)     The Department of Public Safety must provide an annual report to the General Assembly containing the information required in subsections (A) and (B) of this section."/

Renumber sections to conform.

Amend title to conform.

Rep. CATO explained the amendment.

Rep. KNOTTS spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Carnell                Cato                   Cave
Chellis                Clyburn                Cotty
Cromer                 Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Hamilton
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hinson
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Mack
Martin                 Mason                  McCraw
McLeod                 McMahand               Miller
Moody-Lawrence         Mullen                 Neilson
Parks                  Phillips               Pinckney
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Spearman               Stille                 Stuart
Tripp                  Trotter                Vaughn
Webb                   Whipper                Wilder
Wilkins                Woodrum                Young
Young-Brickell

Those who voted in the negative are:

Campsen                Delleney               Harrell
Hodges                 Inabinett              Knotts
Koon                   Lanford                Lloyd
Loftis                 Neal                   Whatley

So, the amendment was adopted.

Rep. WALKER proposed the following Amendment No. 4 (Doc Name P:\AMEND\GJK\20732DW.97), which was adopted.

Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, in Section 38-77-122(B) as contained in SECTION 11, by inserting after /dollars./ on page 254-19, line 8, /Provided however, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department./

Amend the report further, as and if amended, in Section 38-77-123(G) as contained in SECTION 11, by inserting after /dollars./ on page 254-21, line 39, /Provided however, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SEITHEL explained the amendment.

Rep. BAXLEY spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 27 to 58.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. CATO, HARRISON, JENNINGS, LEE, KNOTTS, BAXLEY, FELDER, CROMER and STUART proposed the following Amendment No. 9 (Doc Name P:\AMEND\BBM\9169JM.97), which was tabled.

Amend the bill, as and if amended, by striking Section 56-10-535, as contained in SECTION 2, beginning at line 27 on page 254-4 and ending at line 12 on page 254-5, and inserting:

/"Section 56-10-535.     The director, upon receiving notice at the time of application or at any time during participation in the Fund that a titled owner of a motor vehicle has been convicted of one of the following violations: disobedience of any official traffic device; failure to stop for law enforcement officer when signaled; disobedience to any officer directing traffic; failure to stop for a school bus; leaving the scene of an accident where injury to a person or damage to property results; theft or unlawful taking of a vehicle; racing on public highways; driving under the influence of intoxicating liquor or narcotic drugs or where injury to a person of over six hundred dollars per person or damage to property of the insured or other person of over one thousand dollars results; reckless driving where injury to a person of over six hundred dollars per person or damage to property of the insured or other person of over one thousand dollars results; homicide or assault arising out of the operation of a motor vehicle; any felony involving the use of a motor vehicle; the transporting of illegal whiskey or unlawful drugs or other controlled or narcotic substances; reckless homicide; wilful making of false statements in the application for license or registration; impersonating an applicant for license or registration or procuring a license or registration through impersonation whether for himself or another; any three or more moving traffic convictions; any two or more accidents for which the owner is responsible and where injury to a person of over six hundred dollars per person or damage to property of the insured or other persons of over one thousand dollars results; or if any household driver has been licensed for less than three years; then the director shall require the owner to furnish proof of financial responsibility in the manner prescribed by the director.

However, when three years have elapsed from the effective date of any conviction for the above offenses, the director may relieve such person of the requirement of furnishing proof of future financial responsibility."/

Amend title to conform.

Rep. CATO moved to table the amendment, which was agreed to.

Rep. CATO gave notice of offering technical amendments on third reading.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Baxley                 Beck
Boan                   Brown, H.              Brown, T.
Campsen                Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hinson                 Hodges                 Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Maddox                 Martin
Mason                  McCraw                 McLeod
McMahand               McMaster               Meacham
Miller                 Mullen                 Neilson
Parks                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Those who voted in the negative are:

Bauer                  Bowers                 Brown, J.
Cave                   Davenport              Howard
Knotts                 Loftis                 Mack
Moody-Lawrence         Neal                   Pinckney
Sharpe                 Sheheen                Smith, F.
Smith, J.              Whipper

So, the Bill, as amended, was read the second time and ordered to third reading.

Testimony before the LCI subcommittee indicated that this plan would increase premiums for almost every consumer purchasing auto insurance.

Forty-two percent (42%) of the current purchasers of auto insurance in South Carolina are now in the reinsurance facility even though approximately eighty-five per cent (85%) of these drivers have no accidents/violations on their three year driving record.

These consumers are persons the insurance companies do not wish to voluntarily insure even though they are accident/violation free. This large group of individuals will certainly see a considerable increase in their insurance premiums.

Most of the fifty-eight percent (58%) of consumers not in the facility will most assuredly see an increase due to rating factors other than driving records and the absorption of the recoupment fee.

The plan essentially requires consumers to purchase insurance but does not require the insurance companies to accept the liability voluntarily even though the consumer has a clear driving record as acceptance depends on factors other than driving record.

At this time I know of no commitment from any insurance carriers currently writing insurance in the State as to what their plans might be if this plan is passed. To my knowledge only three companies (Progressive, Integon & Travelers) have indicated that they would be interested in coming into the State.

I would support a restructuring of the facility which would include a self-sustaining rate that would include removing the recoupment fee, as well as allowing some flexibility in rating for inexperienced and high risk drivers.

Rep. DWIGHT A. LOFTIS

While today I voted in favor of second reading on S. 254, the so called "1997 Auto Insurance Reform Act," I do so with reluctance because it is without question an Insurance Industry Bill with little consumer protection, particularly for those with safe driving records.

Throughout the debate I supported proposed amendments which I felt would improve the Bill, including a "no-fault" proposal and several others which would have mandated lower rates for drivers who maintain a safe driving record. All of these failed, and in essence we have passed a Bill which removes the mandate to insure anyone, establishes a JUA instead of an assigned risk plan such as we had 24 years ago before insurance became mandatory, and allows the Reinsurance Facility to remain open for a number of years.

Hopefully free enterprise will encourage more companies to enter the S.C. automobile insurance marketplace, but I am pessimistic at best since until and unless our terrible driving and accident record improves, it will be difficult if not impossible for rates to decrease or even slow in their increase.

Rep. BILL COTTY

I was not able to cast a final vote on S. 254 because of a commitment outside the Chamber. I would have voted no on S. 254 because I do not believe it will substantially reform the automobile insurance industry. I am particularly concerned about the elimination of the mandate to write and its effect on certain groups of people in need of auto insurance and the allowance of a 7% yearly increase without prior state approval or oversight.

Rep. GILDA COBB-HUNTER

Rep. CATO moved to reconsider the vote whereby the following Bill was given a second reading.

S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.

Rep. HASKINS moved to table the motion to reconsider, which was agreed to.

Rep. YOUNG-BRICKELL moved that the House recede until 2:30 P.M., which was adopted.

At 2:30 P.M. the House resumed, ACTING SPEAKER CATO in the Chair.

The question of a quorum was raised. A quorum was later present.

ACTING SPEAKER CATO granted Rep. LOFTIS a leave of absence for the remainder of the day.

The following was received.
Columbia, S.C., May 21, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, Land and Giese of the Committee of Conference on the part of the Senate on H. 3400:

Received as information.

The following was received.
Columbia, S.C., May 21, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, Land and Giese of the Committee of Conference on the part of the Senate on H. 3402:
H. 3402 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 21, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Fair and Rankin of the Committee of Conference on the part of the Senate on S. 483:
S. 483 -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
Very respectfully,
President

Received as information.

The following was received from the Senate.

Columbia, S.C., May 21, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4151:
H. 4151 -- Rep. Cooper: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997.
Very respectfully,
President

On motion of Rep. HASKINS, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. COOPER, HASKINS and LEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

Columbia, S.C., May 21, 1997
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3694:
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Very respectfully,
President

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, KEEGAN and BOAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following Bill was taken up:

H. 3591 -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".

Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. HARRISON moved to table the motion, which was agreed to.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9378JM.97), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Title 28 of the 1976 Code is amended by adding:

Section 28-4-10.     This chapter may be cited as the 'South Carolina Private Property Rights Protection Act' and any references to the term 'act', unless the context clearly indicates otherwise, mean the 'South Carolina Private Property Rights Protection Act'.

Section 28-4-20.     The General Assembly recognizes that some laws, regulations, and ordinances of the State and political subdivisions of the State, as applied, may inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution. The General Assembly determines that there is an important state interest in protecting the interests of private property owners from such inordinate burdens. Therefore, it is the intent of the General Assembly that as a separate and distinct cause of action from the law of takings, the General Assembly in this chapter provides for relief or payment of compensation when a new law, regulation, or ordinance of the State or of a political subdivision of the State, as applied, unfairly affects real property.

Section 28-4-30.     (A)     When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government, as provided in this section.

(B)     For purposes of this section:

(1)     The existence of a 'vested right' is to be determined by applying the principles of equitable estoppel or substantive due process under the common law or by applying the statutory law of this State.

(2)     The term 'existing use' means an actual present use or activity on the real property including, periods of inactivity which are normally associated with, or are incidental to, the nature or type of use or activity or such reasonably foreseeable, nonspeculative land uses which are suitable for the subject real property and compatible with adjacent land uses and which have created an existing fair market value in the property greater than the fair market value of the actual present use or activity on the real property.

(3)     The term 'governmental entity' includes an agency of the State, a regional or a local government created by the State Constitution or by act of the General Assembly, any county, or municipality, or any other entity that independently exercises governmental authority. The term does not include the United States or any of its agencies, or an agency of the State, a regional or a local government created by the State Constitution or by act of the General Assembly, any county or municipality, or any other entity that independently exercises governmental authority, when exercising the powers of the United States or any of its agencies through a formal delegation of federal authority.

(4)     The term 'action of a governmental entity' means a specific action of a governmental entity which affects real property including action on an application or permit.

(5)     The terms 'inordinate burden' or 'inordinately burdened' mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. The terms 'inordinate burden' or 'inordinately burdened' do not include temporary impacts to real property; impacts to real property occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property; or impacts to real property caused by an action of a governmental entity taken to grant relief to a property owner under this section.

(6)     The term 'property owner' means the person who holds legal title to the real property at issue. The term does not include a governmental entity.

(7)     The term 'real property' means land and includes any appurtenances and improvements to the land including any other relevant real property in which the property owner had a relevant interest.

Section 28-4-40.     (A)     Not less than one hundred eighty days prior to filing an action under this section against a governmental entity, a property owner who seeks compensation under this section must present the claim in writing to the head of the governmental entity. The property owner must submit along with the claim a bona fide, valid appraisal that supports the claim and demonstrates the loss in fair market value to the real property. If the action of government is the culmination of a process that involves more than one governmental entity, or if a complete resolution of all relevant issues, in the view of the property owner or in the view of a governmental entity to whom a claim is presented, requires the active participation of more than one governmental entity, the property owner shall present the claim as provided in this section to each of the governmental entities.

(B)     The governmental entity shall provide written notice of the claim to all parties to any administrative action that gave rise to the claim, and to owners of real property contiguous to the owner's property at the addresses listed on the most recent county tax rolls.

(C)     During the one hundred eighty-day-notice period, unless extended by agreement of the parties, the governmental entity shall make a written settlement offer to effectuate:

(1)     an adjustment of land development or permit standards or other provisions controlling the development or use of land;

(2)     increases or modifications in the density, intensity, or use of areas of development;

(3)     the transfer of developmental rights;

(4)     land swaps or exchanges;

(5)     mitigation, including payments in lieu of onsite mitigation;

(6)     location on the least sensitive portion of the property;

(7)     conditioning the amount of development or use permitted;

(8)     a requirement that issues be addressed on a more comprehensive basis than a single proposed use or development;

(9)     issuance of the development permit, a variance, special exception, or other extraordinary relief;

(10)     purchase of the real property, or an interest in the real property, including development rights, by an appropriate governmental entity;

(11)     no changes to the action of the governmental entity.

If the property owner accepts the settlement offer, the governmental entity may implement the settlement offer by appropriate development agreement; by issuing a variance, special exception, or other extraordinary relief, or by other appropriate method, subject to subsection (D).

(D)(1)     Whenever a governmental entity enters into a settlement agreement under this section which would have the effect of a modification, variance, or a special exception to the application of a regulation or ordinance as it would otherwise apply to the subject real property, the relief granted shall protect the public interest served by the regulations at issue and be the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property.

(2)     Whenever a governmental entity enters into a settlement agreement under this section which would have the effect of contravening the application of a statute as it would otherwise apply to the subject real property, the governmental entity and the property owner shall jointly file an action in the circuit court where the real property is located for approval of the settlement agreement by the court to ensure that the relief granted protects the public interest served by the statute at issue and is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property.

Section 28-4-50.     (A)     During the one hundred eighty-day-notice period provided for in section 28-4-40, unless a settlement offer is accepted by the property owner, each of the governmental entities provided notice pursuant to Section 28-4-40(A) shall issue a written ripeness decision identifying the allowable uses to which the subject property may be put. The failure of the governmental entity to issue a written ripeness decision during the one hundred eighty-day-notice period must be deemed to ripen the prior action of the governmental entity and shall operate as a ripeness decision that has been rejected by the property owner. The ripeness decision, as a matter of law, constitutes the last prerequisite to judicial review, and the matter must be deemed ripe or final for the purposes of the judicial proceeding created by this section, notwithstanding the availability of other administrative remedies.

(B)     If the property owner rejects the settlement offer and the ripeness decision of the governmental entity or entities, the property owner may file a claim for compensation in the circuit court, a copy of which must be served contemporaneously on the head of each of the governmental entities that made a settlement offer and a ripeness decision that was rejected by the property owner. Actions under this section must be brought only in the county where the real property is located.

Section 28-4-60.     (A)     The circuit court shall determine whether an existing use of the real property or a vested right to a specific use of the real property existed and, if so, whether considering the settlement offer and ripeness decision, the governmental entity or entities have inordinately burdened the real property. If the actions of more than one governmental entity, considering any settlement offers and ripeness decisions, are responsible for the action that imposed the inordinate burden on the real property of the property owner, the court shall determine the percentage of responsibility each governmental entity bears with respect to the inordinate burden. A governmental entity may take an interlocutory appeal of the court's determination that the action of the governmental entity has resulted in an inordinate burden. An interlocutory appeal does not automatically stay the proceedings; however, the court may stay the proceedings during the pendency of the interlocutory appeal. If the governmental entity does not prevail in the interlocutory appeal, the court shall award to the prevailing property owner the costs and a reasonable attorney fee incurred by the property owner in the interlocutory appeal.

(B)     Following its determination of the percentage of responsibility of each governmental entity, and following the resolution of any interlocutory appeal, the court shall impanel a jury to determine the total amount of compensation to the property owner for the loss in value due to the inordinate burden to the real property. The award of compensation must be determined by calculating the difference in the fair market value of the real property, as it existed at the time of the governmental action at issue, as though the owner had the ability to attain the reasonable investment-backed expectation or was not left with uses that are unreasonable, whichever the case may be, and the fair market value of the real property, as it existed at the time of the governmental action at issue, as inordinately burdened, considering the settlement offer together with the ripeness decision, of the governmental entity or entities. In determining the award of compensation, consideration may not be given to business damages relative to any development, activity, or use that the action of the governmental entity or entities, considering the settlement offer together with the ripeness decision has restricted, limited, or prohibited. The award of compensation shall include a reasonable award of prejudgment interest from the date the claim was presented to the governmental entity or entities.

(C)(1)     In any action filed pursuant to this section, the property owner is entitled to recover reasonable costs and attorney fees incurred by the property owner, from the governmental entity or entities, according to their proportionate share as determined by the court, from the date of the filing of the circuit court action, if the property owner prevails in the action and the court determines that the settlement offer, including the ripeness decision, of the governmental entity or entities did not constitute a bona fide offer to the property owner which reasonably would have resolved the claim, based upon the knowledge available to the governmental entity or entities and the property owner during the one hundred eighty-day-notice period.

(2)     In any action filed pursuant to this section, the governmental entity or entities are entitled to recover reasonable costs and attorney fees incurred by the governmental entity or entities from the date of the filing of the circuit court action, if the governmental entity or entities prevail in the action and the court determines that the property owner did not accept a bona fide settlement offer, including the ripeness decision, which reasonably would have resolved the claim fairly to the property owner if the settlement offer had been accepted by the property owner, based upon the knowledge available to the governmental entity or entities and the property owner during the one hundred eighty-day-notice period.

(3)     The determination of total reasonable costs and attorney fees pursuant to this subsection must be made by the court and not by the jury. Any proposed settlement offer or any proposed ripeness decision, except for the final written settlement offer or the final written ripeness decision, and any negotiations or rejections in regard to the formulation either of the settlement offer or the ripeness decision, are inadmissible in the subsequent proceeding established by this section except for the purposes of the determination pursuant to this subsection.

(D)     The circuit court may enter any orders necessary to effectuate the purposes of this section and to make final determinations to effectuate relief available under this section.

(E)     An award or payment of compensation pursuant to this section shall operate to grant to and vest in any governmental entity by whom compensation is paid the right, title, and interest in rights of use for which the compensation has been paid, which rights may become transferable development rights to be held, sold, or otherwise disposed of by the governmental entity. When there is an award of compensation, the court shall determine the form and the recipient of the right, title, and interest, as well as the terms of their acquisition.

(F)     This section does not supplant methods agreed to by the parties and lawfully available for arbitration, mediation, or other forms of alternative dispute resolution, and governmental entities are encouraged to utilize these methods to augment or facilitate the processes and actions contemplated by this section.

(G)     This section provides a cause of action for governmental actions that may not rise to the level of a taking under the State Constitution or the United States Constitution. This section may not necessarily be construed under the case law regarding takings if the governmental action does not rise to the level of a taking. The provisions of this section are cumulative and do not abrogate any other remedy lawfully available, including any remedy lawfully available for governmental actions that rise to the level of a taking. However, a governmental entity is not liable for compensation for an action of a governmental entity applicable to, or for the loss in value to, a subject real property more than once for the same inordinate burden.

(H)     This section does not apply to any actions taken by a governmental entity which relate to the operation, maintenance, or expansion of transportation facilities, and this section does not affect existing law regarding eminent domain relating to transportation.

(I)     A cause of action may not be commenced under this section if the claim is presented more than one year after a law or regulation is first applied by the governmental entity to the property at issue. If an owner seeks relief from the governmental action through lawfully available administrative or judicial proceedings, the time for bringing an action under this section is tolled until the conclusion of those proceedings.

(J)     No cause of action exists under this section as to the application of any law enacted on or before July 1, 1997, or as to the application of any regulation or ordinance adopted, or formally noticed for adoption, on or before that date. A subsequent amendment to any such law, regulation, or ordinance gives rise to a cause of action under this section only to the extent that the application of the amendatory language imposes an inordinate burden apart from the law, regulation, or ordinance being amended.

(K)     This section does not affect the sovereign immunity of government to the extent that sovereign immunity of government exists in this State."

SECTION     2.     This act takes effect July 1, 1997./

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

Rep. D. SMITH moved the previous question on the entire matter.

Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barrett                Campsen                Cato
Chellis                Edge                   Felder
Harrison               Hinson                 Klauber
Knotts                 Law                    Limbaugh
Riser                  Rodgers                Sandifer
Sharpe                 Smith, D.              Stuart
Trotter                Vaughn                 Walker
Whatley                Woodrum                Young
Young-Brickell

Those who voted in the negative are:

Bailey                 Barfield               Battle
Bauer                  Baxley                 Beck
Boan                   Brown, G.              Brown, T.
Byrd                   Carnell                Cave
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Haskins
Hawkins                Hines, J.              Hodges
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Koon                   Lanford
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Mack
Mason                  McCraw                 McLeod
McMahand               Meacham                Miller
Moody-Lawrence         Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Robinson               Scott
Seithel                Sheheen                Simrill
Smith, F.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Tripp                  Webb                   Wilder
Witherspoon

So, the motion was rejected.

Reps. HODGES, McLEOD and SCOTT spoke against the amendment.

Rep. HARRISON spoke in favor of the amendment.

Rep. HARRISON spoke in favor of the amendment.

The amendment was then adopted.

Rep. DELLENEY proposed the following Amendment No. 2 (Doc Name G:\h-member\b21\3591.1), which was adopted.

Amend the report, as and if amended, by striking Section 28-4-30 (B) (5), as contained on lines 4 through 20 on page 3591-3, and inserting:

/(5) The terms 'inordinate burden' or 'inordinately burdened' mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with the respect to the real property as a whole, or that the property owner is left with existing or vested use that are unreasonable such that the property owner bears a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. The terms 'inordinate burden' or 'inordinately burdened' do not include temporary impacts to real property; impacts to real property occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property; impacts to real property caused by an action of a governmental entity taken to grant relief to a property owner under this section; or any action of a governmental entity affecting either the location of any type of solid or liquid waste disposal facility (or the discharge therefrom) or landfill or expansion of any existing solid or liquid waste disposal facility (or the discharge therefrom) or landfill.

Rep. DELLENEY explained the amendment.

The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.

Rep. DELLENEY continued speaking.

Rep. LIMBAUGH spoke against the amendment.

Rep. LIMBAUGH continued speaking.

Reps. DELLENEY and BAXLEY spoke in favor of the amendment.

The SPEAKER Pro Tempore granted Rep. PARKS a leave of absence to attend a Mortician's Convention to hear Jesse Jackson speak.

Rep. SHEHEEN spoke in favor of the amendment.

Rep. CAMPSEN spoke against the amendment.

Rep. LIMBAUGH moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Altman                 Barrett                Bauer
Beck                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Harrell                Harrison
Haskins                Hinson                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Mason                  McMaster               Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Smith, D.
Smith, R.              Trotter                Vaughn
Webb                   Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Those who voted in the negative are:

Bailey                 Barfield               Battle
Baxley                 Boan                   Bowers
Breeland               Brown, G.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Cotty                  Cromer
Davenport              Delleney               Gourdine
Govan                  Hamilton               Harvin
Hawkins                Hines, J.              Hodges
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kennedy
Kinon                  Lanford                Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Mack                   Maddox
McCraw                 McLeod                 Meacham
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Phillips
Pinckney               Quinn                  Rhoad
Scott                  Seithel                Sheheen
Simrill                Smith, F.              Smith, J.
Spearman               Stille                 Stoddard
Stuart                 Tripp                  Walker
Whatley                Whipper                Wilder

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. LIMBAUGH moved to reconsider the vote whereby Amendment No. 2 was adopted and the motion was noted.

Rep. SCOTT proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15224JM.97), which was tabled.

Amend the report, as and if amended, page 3591-8, by striking SECTION 2 on line 25 and inserting:

/SECTION     2.     A county is authorized to decide, by a majority vote of its governing body, whether private property owners in the county shall have the right to invoke the protections and procedures of Chapter 4, Title 28 of the 1976 Code (the South Carolina Private Property Rights Protection Act). The right to seek relief or payment of compensation when any new statute, regulation, or ordinance of the State or of a political subdivision of the State inordinately burdens a property owner exists only in a county which, by a majority vote of that county's governing body, passes an ordinance which enacts the provisions of the South Carolina Private Property Rights Protection Act, including any amendments to that act.

SECTION     3.     This act takes effect July 1, 1997./

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HARRISON moved to table the amendment.

Rep. LIMBAUGH demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Bowers                 Campsen
Cato                   Cave                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hawkins
Hinson                 Jennings               Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Mason                  McCraw                 Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Spearman               Stuart
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Those who voted in the negative are:

Bailey                 Boan                   Breeland
Brown, G.              Brown, T.              Byrd
Clyburn                Cobb-Hunter            Cromer
Gourdine               Govan                  Hines, J.
Hodges                 Howard                 Inabinett
Lloyd                  Mack                   McLeod
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Pinckney
Scott                  Smith, F.              Smith, J.
Stille                 Whipper

So, the amendment was tabled.

Reps. F. SMITH and MILLER proposed the following Amendment No. 5, which was tabled.

Amend the bill, as and if amended, Section 28-4-30, as contained in SECTION 1, by adding the following subsection:

/"(C)     However, nothing in this section shall affect or limit any actions taken by counties and municipalities pursuant to a lawfully adopted zoning ordinance."/

Renumber sections and amend title to conform.

Rep. F. SMITH explained the amendment.

Rep. HARRISON moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Bauer                  Beck                   Brown, H.
Brown, J.              Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limbaugh               Littlejohn
Mason                  McCraw                 McMaster
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Smith, D.              Smith, R.
Spearman               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Webb                   Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Those who voted in the negative are:

Bailey                 Battle                 Baxley
Bowers                 Breeland               Brown, G.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cromer
Davenport              Gourdine               Harvin
Hines, J.              Hodges                 Inabinett
Jennings               Kennedy                Kinon
Lanford                Lee                    Limehouse
Lloyd                  Mack                   McLeod
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Phillips               Pinckney               Rhoad
Scott                  Seithel                Sheheen
Simrill                Smith, F.              Smith, J.
Stille                 Stoddard               Whatley
Whipper                Wilder                 Wilkes

So, the amendment was tabled.

Reps. BECK, MASON and R. SMITH proposed the following Amendment No. 6, which was rejected.

Amend the bill, as and if amended, Section 28-4-30, as contained in SECTION 1 by adding the following subsection:

/"(C)     However, nothing in this section shall affect or limit any actions taken by counties and municipalities to regulate the location of video poker parlor and casino buildings that allow use of machines and devices that are licensed pursuant to Section 12-27-2720 of the 1976 Code, as amended."/

Renumbers sections and amend title to conform.

Rep. BECK explained the amendment.

Rep. LIMBAUGH spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. LIMBAUGH moved to table the amendment.

Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Altman                 Barrett                Bauer
Brown, H.              Campsen                Cato
Chellis                Cotty                  Dantzler
Davenport              Easterday              Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jennings               Jordan
Kinon                  Klauber                Knotts
Koon                   Law                    Leach
Limbaugh               Limehouse              Littlejohn
McCraw                 McMaster               Quinn
Rice                   Riser                  Rodgers
Sandifer               Sharpe                 Smith, D.
Spearman               Stuart                 Trotter
Vaughn                 Walker                 Webb
Wilder                 Wilkes                 Wilkins
Woodrum                Young                  Young-Brickell

Those who voted in the negative are:

Bailey                 Barfield               Battle
Baxley                 Beck                   Boan
Bowers                 Breeland               Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cooper
Cromer                 Delleney               Edge
Gourdine               Govan                  Harvin
Hawkins                Hines, J.              Hodges
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Kirsh
Lee                    Lloyd                  Mack
Maddox                 Mason                  McLeod
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Phillips               Pinckney               Rhoad
Robinson               Scott                  Seithel
Sheheen                Simrill                Smith, F.
Smith, J.              Smith, R.              Stille
Stoddard               Townsend               Whatley
Whipper                Witherspoon

So, the House refused to table the amendment.

Rep. HASKINS spoke against the amendment.

Rep. BECK spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. LIMBAUGH demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Bailey                 Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Gourdine               Govan                  Harvin
Hawkins                Hines, J.              Hodges
Howard                 Inabinett              Jordan
Kennedy                Kirsh                  Koon
Lanford                Lee                    Lloyd
Mack                   Maddox                 Mason
McLeod                 Meacham                Moody-Lawrence
Mullen                 Neal                   Neilson
Phillips               Pinckney               Rhoad
Scott                  Sheheen                Simrill
Smith, F.              Smith, J.              Smith, R.
Stille                 Townsend

Those who voted in the negative are:

Altman                 Barfield               Barrett
Battle                 Bauer                  Brown, H.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Davenport
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jennings               Keegan
Kelley                 Kinon                  Klauber
Knotts                 Law                    Leach
Limbaugh               Limehouse              Littlejohn
McCraw                 McMaster               Miller
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Smith, D.
Spearman               Stoddard               Stuart
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

So, the amendment was rejected.

Rep. HARRISON moved the previous question on the entire matter.

Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Barrett                Beck                   Bowers
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Law
Leach                  Limbaugh               Limehouse
Littlejohn             Mason                  McCraw
McMaster               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Smith, D.              Smith, R.
Spearman               Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Those who voted in the negative are:

Battle                 Bauer                  Baxley
Boan                   Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Cave                   Clyburn                Cobb-Hunter
Cromer                 Davenport              Gourdine
Govan                  Hines, J.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kirsh                  Koon
Lanford                Lee                    Lloyd
Mack                   Maddox                 McLeod
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Phillips               Pinckney               Scott
Sheheen                Simrill                Smith, F.
Smith, J.              Stille                 Wilkes

So, the previous question was ordered.

Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, the previous question having been ordered.

The Senate returned to the House with concurrence the following:

H. 4178 -- Rep. Bauer: A CONCURRENT RESOLUTION COMMENDING AND EXPRESSING APPRECIATION TO REBECCA M. TENNY FOR TWENTY-SIX YEARS OF OUTSTANDING AND DEDICATED SERVICE AS ASSISTANT PRINCIPAL OF H. E. CORLEY ELEMENTARY SCHOOL AND AS EDUCATOR TO THE STUDENTS OF DISTRICT FIVE OF LEXINGTON AND RICHLAND COUNTIES.

H. 4185 -- Rep. Bauer: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS APPRECIATION TO JAMES C. LANE OF H. E. CORLEY ELEMENTARY SCHOOL FOR HIS OUTSTANDING AND DEDICATED SERVICE AS PRINCIPAL OF H. E. CORLEY ELEMENTARY SCHOOL AND AS AN EDUCATOR TO THE STUDENTS OF DISTRICT FIVE OF LEXINGTON AND RICHLAND COUNTIES AS WELL AS THE CHILDREN OF SOUTH CAROLINA AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

H. 4170 -- Rep. Wilkes: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAIRFIELD CENTRAL HIGH SCHOOL "GRIFFINS" FOOTBALL TEAM FOR THEIR EXCEPTIONAL SEASON AND ON WINNING THE 1996 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.

H. 4173 -- Rep. Bauer: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHAPIN HIGH SCHOOL "EAGLES" BOYS WRESTLING TEAM ON WINNING THE 1996-97 CLASS AA STATE WRESTLING CHAMPIONSHIP.

H. 4175 -- Rep. Bowers: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PATRICK HENRY ACADEMY "LADY PATRIOTS" SOFTBALL TEAM FOR AN OUTSTANDING SEASON BY WINNING THE 1997 AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE SOFTBALL CHAMPIONSHIP.

H. 4177 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE RICHARD WINN ACADEMY "EAGLES" FOOTBALL TEAM FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1996 CLASS AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE FOOTBALL CHAMPIONSHIP.

H. 4179 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING PLEASANT GROVE BAPTIST CHURCH OF MARION COUNTY ON ITS TWO HUNDRED FIRST FISCAL ANNIVERSARY AND COMMENDING THE CHURCH FOR ITS PERSEVERANCE IN THE FACE OF ADVERSITY.

H. 4181 -- Reps. Neilson, J. Hines and Baxley: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ERSKINE "KINGFISH OF THE PEE DEE" GRIGGS OF DARLINGTON COUNTY ON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM AND HIS WIFE, JOANNE, WELL IN ALL THEIR FUTURE ENDEAVORS.

H. 4182 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE PASTORS AND CHURCH MINISTERS IN CLARENDON COUNTY FOR ESTABLISHING THE CLARENDON COUNTY INTERDENOMINATIONAL MINISTERIAL ALLIANCE AND WISHING THEM SUCCESS IN THEIR ENDEAVORS.

H. 4183 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE KIMBERLY CLARK CORPORATION ON THE ONE HUNDRED TWENTY-FIFTH ANNIVERSARY OF ITS FOUNDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE GENEROUS GRANT FROM THE KIMBERLY CLARK FOUNDATION FOR CONSTRUCTION OF A CHILDREN'S PARK IN BURNETTOWN IN AIKEN COUNTY.

At 5:40 P.M. the House in accordance with the motion of Rep. BARFIELD adjourned in memory of Bob Thompkins of Horry County, to meet at 10:00 A.M. tomorrow.

This web page was last updated on Monday, June 29, 2009 at 10:39 A.M.